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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)  342 
and  common  capital  stock  of  street  railway  com-  ^' 

panies. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-five  of  chapter  one  hundred  and  sixty-one  g.  l.  (Ter. 
of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  amended!   ^^' 
tion,  is  hereby  amended  by  inserting  after  the  word  "stock" 
in  the  seventh  line  the  words :  —  ,  except  when  such  excess 
shall  result  from  a  reduction  in  the  aggregate  par  value  of 
its  outstanding  common  stock  made  under  either  section 
twenty  A  or  section  twenty-seven,  —  so  as  to  read  as  fol- 
lows :  —  Section  35.     Preferred  stock  issued  under  sections  Preferred 
thirty-two  to  thirty-five,  inclusive,  shall  have  the  same  voting  amount  of. 
power  as  the  common  stock,  except  that,  in  any  case,  there  voting  powers, 
may  be  such  limitations  of  the  voting  power  of  said  pre-  issue,  etc. 
ferred  stock  as  the  department  approves  and  finds  consistent 
with  pubhc  interest.     The  aggregate  amount  at  par  of  pre- 
ferred stock  of  all  classes  issued  by  a  company  shall  at  no 
time  exceed  twice  the  amount  at  par  value  of  its  outstanding 
common  stock,  except  when  such  excess  shall  result  from  a 


366  Acts,  1943.  —  Chap.  343. 

reduction  in  the  aggregate  par  value  of  its  outstanding  com- 
mon stock  made  under  either  section  twenty  A  or  section 
twenty-seven,  and  no  class  of  preferred  stock  shall  be  created 
which  is  not,  in  a  manner  approved  by  the  department,  made 
subordinate  in  respect  to  dividends  or  to  participation  in  the 
proceeds  of  liquidation  to  the  preferences  of  every  previously 
created  class  of  preferred  stock.  Upon  any  issue  of  preferred 
stock  the  new  shares  shall,  unless  the  common  stockholders 
with  the  approval  of  the  department  otherwise  provide,  first 
be  offered  to  the  common  stockholders  in  the  manner  pre- 
scribed in  sections  fifty  to  fifty-two,  inclusive,  of  chapter 
one  hundred  and  fifty-nine,  and  any  shares  of  the  preferred 
stock  not  duly  subscribed  and  paid  for  by  the  common  stock- 
holders or  their  assigns  shall  be  offered  in  the  same  manner 
to  the  holders  of  preferred  stock  of  the  same  class ;  and  any  of 
such  preferred  shares  then  remaining  untaken,  and  all  of  the 
preferred  shares  if  the  common  stockholders  so  determine  and 
the  department  approves,  may  be  sold  in  the  manner  pro- 
vided by  and  subject  to  section  fifty-one  of  chapter  one  hun- 
dred and  fifty-nine.  In  case  of  any  increase  in  the  common 
stock  of  the  company,  holders  of  preferred  stock  shall  be 
entitled  to  have  offered  to  them  shares  of  the  new  stock  in 
the  manner  provided  in  sections  fifty  to  fifty-two,  inclusive, 
of  chapter  one  hundred  and  fifty-nine,  whenever  the  vote 
creating  such  preferred  stock  as  approved  by  the  department 
shall  so  provide.  Approved  May  27,  1943. 

Chap.S4S  A^N  Act  amending  the  penalty'  for  breaking  and  enter- 
ing IN  THE  NIGHT  TIME  A  BUILDING,  SHIP  OR  VESSEL. 

Be  it  enacted,  etc.,  as  follows: 
G.L.(Ter  SECTION  1.     Chapter  two  hundred  and  sixty-six  of  the 

amended.'  ^^'  General  Laws  is  hereby  amended  by  striking  out  section 
sixteen,  as  appearing  in  the  Tercentenary  Edition,  and  in- 
Breaking, in  scrting  in  place  thereof  the  following  section:  —  Section  16. 
biuidin^OT  Whoever,  in  the  night  time,  breaks  and  enters  a  building, 
ships.  ship  or  vessel,  with  intent  to  commit  a  felony,  shall  be  pun- 

ished by  imprisonment  in  the  state  prison  for  not  more  than 
twenty  years  or  in  a  jail  or  house  of  correction  for  not  more 
than  two  and  one  half  years. 
Effective  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 sixteen,  as  in  effect  immediately  preceding  said  date, 
shall  continue  to  apply  in  the  case  of  crimes  committed  prior 
to  said  date.  Approved  May  27,  194S. 


date. 


Acts,  1943.  —  Chaps.  344,  345.  367 


An   Act  relative   to   the   printing   and   distribution  (J}iav  344 

OF  CERTAIN  REPORTS  OF  STATE  DEPARTMENTS,  OFFICERS 
AND  COMMISSIONS,  AND  TO  PURCHASES  AND  TRANSFERS  OF 
SUPPLIES   OF   SUCH    STATE   AGENCIES. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.     Chapter  five  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended   by   striking   out   section   six,    as   most   recently  ^ttl'amended. 
amended  by  section  nine  of  chapter  five  hundred  and  eight 
of  the  acts  of  nineteen  hundred  and  thirty-nine,  and  insert- 
ing in  place  thereof  the  following  section :  —  Section  6.    All  Publication 
reports  required  to  be  made  by  permanent  state  depart-  rep^o^ts^L  pub- 
ments,  officers  and  commissions  may,  subject  to  the  approval  ''"  documents. 
of  the  commission  on  administration  and  finance  and  except 
as  otherwise  provided,  be  printed  annually.     The  division 
of  personnel  and  standardization  shall  designate  the  number 
of  copies  of  each  report  to  be  printed.     The  department, 
ofiicer  or  commission  required  to  make  an  annual  report 
may,  with  the  approval  of  the  commission  on  administra- 
tion and  finance,  authorize  the  printing  and  distribution  of 
such  reports  or  parts  thereof  by  outside  agencies;   provided, 
that  any  such  publications  shall  not  be  offered  for  sale. 

Section  2.     Chapter  seven  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  inserting  after  section  twenty-five,  as  appearing  f  2'5A^added. 
in    the    Tercentenarj^    Edition,    the    following    section :  — 
Section  25 A .     The  state  purchasing  agent  may  provide  for  Transfer  of 


the  transfer  of  supplies  from  one  state  agency  to  another  one^stat 


from 


state 


when,  in  his  opinion,  such  transfer  is  for  the  best  interests  another*" 
of  the  commonwealth,  and  may  provide  for  the  making  of 
suitable  adjustments  on  the  state  comptroller's  books  on 
account  of  such  transfer.  He  shall  also  have  authority  to 
approve  the  amount  or  quantities  of  all  supplies  and  materials 
purchased  by  state  agencies,  notwithstanding  that  such 
agency  has  conformed  to  the  regulations  relative  to  such 
purchases  and  that  an  appropriation  is  available  therefor. 
In  case  an  application  by  a  state  agency  is  not  approved 
by  the  state  purchasing  agent,  such  agency  may  appeal  in 
writing  to  the  commission,  whose  decision  shall  be  final. 

Approved  May  27,  19J^S. 


An  Act  relative  to  transfers  of  funds  on  books  of  (Jfiaj)  345 
certain  state  officers  or  boards. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  twenty-nine  of  chapter  twenty-nine  of  the  General  EJ^iJ^too 
Laws,  as  amended  by  section  fourteen  of  chapter  five  hun-  etc!, 'amended'. 
dred  and  two  of  the  acts  of  nineteen  hundred  and  thirty- 
nine,  is  hereby  further  amended  by  striking  out,  in  the 
seventh  line,  the  word  "comptroller"  and  inserting  in  place 
thereof  the  words :  —  budget  commissioner,  —  so  as  to  read 
as  follows :  —  Section  29.     No  transfer  of  funds  from  one  Transfer  of 

funds  with 


368  Acts,  1943.  —  Chaps.  346,  347,  348. 

approval  of  item  of  accouiit  to  another  on  the  books  of  any  officer  or 
commiasioner.  j-^^g^j,^  having  charge  of  any  office,  department,  institution 
or  undertaking  receiving  a  periodic  appropriation  from  the 
commonwealth,  upon  which  items  of  account  such  periodic 
appropriation  is  based,  shall  be  made  without  the  written 
approval  of  the  budget  commissioner. 

Approved  May  27,  1943. 


Chap.S4i6  An  Act  relative  to  budget  estimates  of  the  division 

OF   SAVINGS    BANK    LIFE    INSURANCE. 

Be  it  enacted,  etc.,  as  follows: 

EdV.26,Tio,        Section  ten  of  chapter  twenty-six  of  the  General  Laws,  as 
amended.  appearing  in  the  Tercentenary  Edition,  is  hereby  amended 

Budget  by  adding  at  the  end  the  following  sentence :  — -  The  budget 

approvaf  of.       estimates  of  the  division  required  by  section  three  of  chapter 
twenty-nine  shall  be  approved  by  the  trustees. 

Approved  May  27,  1943. 


Chap. 3^7  An  Act  providing  for  the  transfer  to  the  general 

FUND  OF  CERTAIN  SURPLUS  INTEREST  ACCRUING  TO  THE 
COMMONWEALTH  UNDER  PROVISIONS  OF  LAW  AUTHORIZING 
MUNICIPALITIES  TO  BORROW  FROM  THE  COMMONWEALTH 
AND   ELSEWHERE   ON   ACCOUNT   OF   PUBLIC   WELFARE. 

Be  it  enacted,  etc.,  as  follows: 

The  state  treasurer  is  hereby  authorized  and  directed  to 
transfer  to  the  general  fund  the  sum  of  thirty-six  thousand, 
one  hundred  and  sixty-five  dollars  and  nine  cents,  being  the 
excess  of  the  amount  of  interest  payments  received  by  the 
commonwealth  on  account  of  bonds  and  notes  issued  by 
cities  and  towns  under  chapter  three  hundred  and  seven  of 
the  acts  of  nineteen  hundred  and  thirty-three,  as  amended 
by  chapter  three  hundred  and  thirty-five  of  the  acts  of  nine- 
teen hundred  and  thirty-four,  over  the  amount  of  interest 
payments  on  money  borrowed  by  the  commonwealth  for  the 
purposes  of  said  provisions.  Approved  May  27,  1943. 


Chap. 34^8  An  Act  relative  to  extraordinary  expenses  of  the 

GOVERNOR    AND    CERTAIN    MILITARY    EXPENSES. 

Be  it  enacted,  etc.,  as  follows: 

EdV  e^rs  Section  1.     Chapter  six  of  the  General  Laws  is  hereby 

etc!, 'amended,    amended  by  striking  out  section  eight,  as  amended  by  sec- 
tion one  of  chapter  seven  hundred  and  twenty-two  of  the 
acts  of  nineteen  hundred  and  forty-one,  and  inserting  in  place 
Entertainment   thereof  the  following  scction:  —  Sections.     The   governor 

of  distmguisned  ,  .  ^  ,  ,  •    x    j 

guests,  appro-    may  expend  each  year  such  sums  as  may  be  appropriated 
pnation.  f^^.  ^^iq  entertainment  of  the  president  of  the  United  States 

and   other   distinguished   guests   while   visiting  or  passing 

through  the  commonwealth. 


Acts,  1943.  —  Chaps.  349,  350.  369 

Section  2.    Chapter  thirty-three  of  the  General  Laws,  as  g.  l.  (Xer. 
appearing  in  section  one  of  chapter  four  hundred  and  twenty-  f  2i3A!^added. 
five  of  the  acts  of  nineteen  hundred  and  thirty-nine,  is  hereby 
amended  by  inserting  after  section  twenty-six  the  following 
section:  —  Section  26 A.     The  governor  may.  expend  each  Expenditures 
year  for  carrying  out  the  provisions  of  sections  seventeen  pHaHons" 
to  twenty-six,  inclusive,  such  sums  as  may  be  appropriated 
therefor.  Approved  May  27,  19 43. 

An  Act  to  provide  that  certain  persons  against  whom  (Jfiaj)  349 

COMPLAINTS  are  MADE  IN  DISTRICT  COURTS  MAY  BE  GIVEN 
AN  OPPORTUNITY  TO  BE  HEARD  BEFORE  THE  ISSUANCE  OF 
PROCESS   THEREON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  eighteen  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  inserting  after  section  f s^x^added!' 
thirty-five,  as  appearing  in  the  Tercentenary  Edition,  the  fol- 
lowing section :  —  Section  35 A .     If  a  complaint  is  received  P«''"S'>ns 

!•    1     ■     ;  1  •        1-  •    1    •        ,•  1  c     complained 

by  a  district  court,  or  by  a  justice  or  special  justice  thereoi,  against  maj- 
or by  a  clerk,  assistant  clerk,  temporary  clerk  or  temporary  wheir"^''" 
assistant  clerk  thereof  under  section  thirty-two,  thirty- 
three  or  thirty-five,  as  the  case  may  be,  the  person  against 
whom  such  complaint  is  made,  may,  if  not  under  arrest  for 
the  offence  for  which  the  complaint  is  made,  upon  request 
in  writing,  seasonably  made,  be  given  an  opportunity  to  be 
heard  personally  or  by  counsel  in  opposition  to  the  issuance 
of  any  process  based  on  such  complaint.  Failure  to  permit 
such  person  to  be  present  and  heard  as  aforesaid  shall  not 
invalidate  any  process  issued  thereon. 

Section  2.     This  act  shall  take  effect  on  September  first  EtTeetive 
in  the  current  year.  Approved  May  27,  1943.      '*''*'' 

An  Act  providing  for  the  joinder  of  parties  in  one  Qhav. 350 
action  in  certain  cases. 

Be  it  enacted,  etc.,  as  follows: 

Section  L     Chapter  two  hundred  and  thirty-one  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  inserting  after  section  §^4;|'  Ifided*^" 
four,  as  appearing  in  the  Tercentenary  Edition,  the  follow- 
ing section:  —  Section  4A.    Two  or  more  persons  may  join  Joinder  of 
in   one  action   as    plaintiffs   if   they  assert    any   right   to  actVon^Hsing 
recover  jointly,  severally,  or  in  the  alternative,  in  respect  of  °"*  °*^®''""' 
or  arising  out  of  the  same  matter,  transaction,  occurrence, 
or  series  of  matters,  transactions  or  occurrences.     Two  or 
more  persons  may  be  joined  in  one  action  as  defendants  if 
there  is  asserted  against  them  jointly,  severally,  or  in  the 
alternative,  any  right  to  recover  in  respect  of  or  arising  out 
of  the  same  matter,  transaction,  occurrence,  or  series  of  mat- 
ters, transactions  or  occurrences.     A  party  need  not  be  in- 
terested in  obtaining  or  defending  against  all  the  recovery 
demanded.    The  claims  of  plaintiffs  may  be  set  forth  in  one 


370 


Acts,  1943.  —  Chap.  350. 


G.  L.  (Ter. 
Ed.),  231, 
§  141,  etc., 
amended. 


Sections 
applicable  to 
actions  before 
district  courts. 


Construction 
of  act. 


count,  or  in  several  counts,  as  clarity  in  the  statement  and 
consideration  of  the  action  may  require.  Judgment  may  be 
given  for  one  or  more  of  the  plaintiffs  according  to  their 
respective  rights  and  against  one  or  more  of  the  defendants 
according  to  their  respective  liabilities,  and  the  court  may 
issue  one  or  more  executions  and  make  such  order  relative  to 
costs  as  may  be  necessary  and  proper.  Misjoinder  of  parties 
shall  not  be  ground  for  the  dismissal  of  the  action.  A  plain- 
tiff or  defendant  may  be  dropped  by  order  of  the  court  on 
motion  of  any  party  or  of  its  own  initiative  at  any  stage  of 
the  action  and  on  such  terms  as  are  just.  Any  claim  against 
a  party  may  be  severed  and  proceeded  with  separately. 

The  provisions  of  this  section  shall  be  in  addition  to  sec- 
tions two,  three  and  four  and  to  clause  Sixth  of  section  seven. 

Section  2.  Section  one  hundred  and  forty-one  of  said 
chapter  two  hundred  and  thirty-one,  as  most  recently 
amended  by  section  five  of  chapter  two  hundred  and  ninety- 
six  of  the  acts  of  the  current  year,  is  hereby  further  amended 
by  inserting  after  the  word  "four",  the  first  time  such  word 
occurs  therein,  the  following :  —  ,  four  A,  —  so  as  to  read  as 
follows :  —  Section  IJ^l .  Sections  one,  two,  three,  four,  four  A, 
five,  six,  seven,  ten,  eleven,  twelve,  thirteen,  thirteen  A,  four- 
teen, fifteen,  sixteen,  seventeen,  eighteen,  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  3.    Nothing  in  this  act  shall  be  held  or  construed 


Acts,  1943.  —  Chap.  351.  371 

to  affect  any  provision  of  sections  one  to  fifteen,  inclusive,  of 
chapter  two  hundred  and  twenty-three  of  the  General  Laws 
or  any  other  provision  of  general  law  relative  to  the  venue  of 
actions. 

Section  4.    This  act  shall  take  effect  on  September  first  Effective 
of  the  current  year.  Approved  May  27,  1943.      '^^^''■ 

An  Act  authorizing  the  fire  commissioner  of  the  city  QJiqj)  351 
OF  boston  to  issue  permits  to  the  boston  school         ^' 
committee  for  the  keeping,  storage  and  maintenance 
OF  automotive  equipment  and  volatile  inflammable 
fluids  on  the  premises  of  a  school  in  connection 

WITH   the   conduct   OF    "SHOP    COURSES",    SO-CALLED. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  fire  commissioner  of  the  city  of  Boston, 
upon  application  by  the  school  committee  of  said  city,  may 
issue  a  permit  authorizing  said  school  committee  to  keep, 
store  and  maintain  on  the  premises  of  such  school  or  schools 
as  may  be  specified  in  such  permit,  motor  vehicles,  motors, 
engines  and  any  automotive  equipment  for  use  in  connec- 
tion with  "shop  courses",  so-called,  conducted  at  such 
school  or  schools,  and  to  keep,  store  and  use  such  quanti- 
ties of  volatile  inflammable  liquids  as  are  reasonably  neces- 
sary to  conduct  said  courses;  provided,  that  no  such  per- 
mit shall  be  issued  hereunder  if,  in  the  opinion  of  the  fire 
commissioner,  the  keeping,  storage  or  maintenance  of  such 
motor  vehicles,  motors,  engines  and  automotive  equipment 
and  the  keeping,  storage  or  use  of  volatile  inflammable 
liquids  would  constitute  a  fire  or  explosion  hazard.  Permits 
granted  hereunder  shall  be  in  accordance  with  and  subject 
to  such  terms  and  conditions  as  said  fire  commissioner  may 
prescribe,  and  shall  expire  on  the  thirty-first  day  of  August 
following  the  date  of  issue  or  on  such  other  date  as  may  be 
specified  therein. 

Any  permit  issued  under  the  provisions  of  this  act  shall 
be  in  lieu  of  any  other  permit  that  may  be  required  by  the 
provisions  of  any  law,  ordinance,  rule  or  regulation  with 
respect  to  the  keeping,  storage  or  maintenance  of  motor 
vehicles,  motors,  engines  or  other  automotive  equipment  or 
to  the  keeping,  storage  or  use  of  volatile  inflammable  liquids, 
and  no  school  building  wherein  motor  vehicles  are  kept, 
stored  or  maintained  as  provided  by  this  act  shall  be  deemed 
to  be  a  garage  for  the  purposes  of  any  law,  ordinance,  rule 
or  regulation  pertaining  to  garages  in  the  city  of  Boston. 

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

Approved  May  28,  1943. 


372  Acts,  1943. —  Chaps.  352,  353. 


C hap. S62  An  Act  relative  to  the  filing  in  the  city  of  lowell  by 

CANDIDATES  FOR  ELECTION  TO  MUNICIPAL  OFFICE  THEREIN 
OF   CERTAIN    STATEMENTS   AND   PETITIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  section 
one  hundred  and  ten  of  chapter  forty-three  of  the  General 
Laws  hmiting  the  period  within  which  certain  statements 
and  petitions  shall  be  filed  with  the  city  clerk  of  a  city,  in 
the  city  of  Lowell  during  the  current  year  and  while  such 
city  remains  under  the  provisions  of  Plan  E,  so  called,  such 
statements  and  petitions  shall  be  so  filed  at  least  twenty- 
one  week  days  prior  to  any  regular  municipal  election  in 
said  city. 

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

Approved  May  28,  1943. 


Chav.SdS  An  Act  authorizing  the  city  of  salem  to  appropriate 

MONEY   FOR   THE   PAYMENT  OF,   AND   TO   PAY,    CERTAIN   UN- 
PAID  BILLS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Salem  is  hereby  authorized  to 
appropriate  money  for  the  payment  of,  and  to  pay,  such  of 
the  unpaid  bills  incurred  in  the  year  nineteen  hundred  and 
forty-one,  as  shown  by  a  list  filed  with  the  director  of  ac- 
counts in  the  department  of  corporations  and  taxation,  as 
are  legally  unenforceable  against  said  city  by  reason  of  its 
failure  to  comply  with  the  provisions  of  its  charter  or  by 
reason  of  the  fact  that  no  appropriation  was  available  at  the 
time  of  incurring  such  bills. 

Section  2.  No  bill  shall  be  paid  under  authority  of  this 
act  unless  and  until  a  certificate  has  been  signed  and  filed 
with  the  auditor  of  said  city,  stating  under  the  penalties  of 
perjury  that  the  goods,  materials  or  services  for  which  such 
bill  has  been  submitted  were  ordered  by  an  official  or  em- 
ployee of  said  city  and  that  such  goods  and  materials  were 
delivered  and  actually  received  by  said  city  or  that  such 
services  were  rendered  to  said  city,  or  both,  nor  unless  and 
until  such  bill  has  been  approved  by  the  board  established 
by  section  one  of  chapter  forty-nine  of  the  acts  of  nineteen 
hundred  and  thuty-three. 

Section  3.  Any  person  who  knowingly  files  a  certificate 
required  by  section  two  which  is  false  and  who  thereby  re- 
ceives payment  for  goods,  materials  or  services  which  were 
not  received  by  or  rendered  to  said  city  shall  be  punished  by 
imprisonment  for  not  more  than  one  year  or  by  a  fine  of  not 
more  than  three  hundred  dollars,  or  both. 

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

Approved  May  28,  1943. 


Acts,  1943.  —  Chaps.  354,  355.  373 

An  Act  to  empower  the  city  of  Cambridge  to  pay  cer-  Chav.S^A 

TAIN  EXPENSES  FROM  THE  APPROPRIATIONS  OF  THE  SCHOOL 
COMMITTEE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Cambridge  is  hereby  authorized 
to  pay  from  the  appropriations  made  for  the  maintenance 
and  expenses  of  the  school  department,  for  the  fiscal  year 
commencing  January  first,  nineteen  hundred  and  forty-three, 
such  of  the  unpaid  bills  incurred  during  the  years  nineteen 
hundred  and  thirty-six  to  nineteen  hundred  and  forty-one, 
inclusive,  the  total  of  such  bills  being  three  thousand,  one 
hundred  and  seventy-five  dollars,  as  set  forth  in  a  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  failure  to 
present  them  for  payment  during  the  year  in  which  they 
were  incurred. 

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  ma- 
terials were  delivered  and  actually  received  by  said  city  or 
that  such  services  were  rendered  to  said  city,  or  both. 

Section  3.  Any  person  who  knowingly  files  a  certificate 
required  by  section  two  which  is  false  and  who  thereby  re- 
ceives payment  for  goods,  materials  or  services  which  were 
not  received  by  or  rendered  to  said  city  shall  be  punished 
by  imprisonment  for  not  more  than  one  year  or  by  a  fine  of 
not  more  than  three  hundred  dollars,  or  both. 

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

Approved  May  28,  1943. 


An  Act  for  the  more  effective  regulation  of  fires 
in  the  open  air  in  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  No  person  shall  set,  maintain  or  increase  a 
fire  in  the  open  air  in  the  city  of  Boston  without  obtaining 
a  permit  from  the  fire  commissioner  as  hereinafter  provided. 
Permits  for  the  setting  and  maintaining  of  fires  in  the  open 
air  in  said  city  may  be  issued  by  the  fire  commissioner  of 
said  city  for  such  periods  of  time,  not  exceeding  one  year 
from  the  date  thereof,  and  subject  to  such  reasonable  condi- 
tions as  said  fire  commissioner  may  establish  by  regulation. 
Any  such  permit  may  be  revoked  at  any  time  by  said  fire 
commissioner.     Violation  of  this  section  shall  be  punished 


C/iap.355 


374  Acts,  1943.  —  Chaps.  356,  357. 

by  a  fine  of  not  more  than  one  hundred  dollars  or  by 
imprisonment  for  not  more  than  one  month,  or  both. 

Section  2.  Section  thirteen  of  chapter  forty-eight  of 
the  General  Laws  shall  not  apply  to  the  city  of  Boston. 

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

Approved  May  28,  1943. 


Chap.SdQ  An  Act  making  appropriation  for  the  teachers'  retire- 
ment  BOARD    IN   THE   DEPARTMENT   OF  EDUCATION. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  The  sum  herein  set  forth,  for  the  purposes 
herein  specified,  is  hereby  appropriated  from  the  general 
fund  or  revenue  of  the  commonwealth,  subject  to  the  provi- 
sions of  law  regulating  the  disbursement  of  public  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  his  excellency  the  governor  of  May  twenty-fifth 
of  the  current  year. 

Item 
1305-03     For  payment  of  pensions  to  retired  teachers,  to  be 
in  addition  to  any  amount  heretofore  appropriated 
for  the  purpose $105,000  00 

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

Approved  May  28,  1943. 


Chap.S57  An   Act   further   regulating   the   laws   relative   to 

SEARCH  FOR  AND  SEIZURE  OF  CERTAIN  NARCOTIC  DRUGS. 

Be  it  enacted,  etc.,  as  follows: 

Ed V" 94 ^214  Section  two  hundred  and  fourteen  of  chapter  ninety-four 
etc., 'amended. '  of  the  General  Laws,  as  amended  by  section  eight  of  chapter 
four  hundred  and  twelve  of  the  acts  of  nineteen  hundred 
and  thirty-five,  is  hereby  further  amended  by  striking 
out,  in  the  sixth  line,  the  word  "hypnotic"  and  inserting 
in  place  thereof  the  word :  —  narcotic,  —  so  as  to  read  as 
search"^  f ollows :  —  Scction  214-     If  a  person  makes  complaint  under 

warrants.  oath  to  a  district  court,  or  to  a  trial  justice  or  justice  of  the 
peace  authorized  to  issue  warrants  in  criminal  cases,  that 
he  has  reason  to  believe  that  opium,  morphine,  heroin, 
codeine,  cannabis,  peyote  or  any  other  narcotic  drug,  or 
any  salt,  compound  or  preparation  of  said  substances,  or 
any  cocaine,  alpha  or  beta  eucaine,  or  any  synthetic  sub- 
stitute for  them,  or  any  preparation  containing  the  same, 
or  any  salts  or  compounds  thereof,  is  kept  or  deposited  by 
a  person  named  therein  in  a  store,  shop,  warehouse,  building, 
vehicle,  steamboat,  vessel  or  any  place  whatever,  such 
person  being  other  than  a  licensee  under  sections  one  hun- 
dred and  ninety-eight  A  and  one  hundred  and  ninety-eight  B, 
registered  pharmacist,  registered  physician,  registered  vet- 
erinarian, registered  dentist,  registered  nurse,  employee  of 


Acts,  1943.  —  Chap.  358.  .  375 

an  incorporated  hospital,  or  a  common  carrier  or  messenger 
when  transporting  any  drug  mentioned  herein  between 
parties  hereinbefore  mentioned,  such  court  or  justice,  if  it 
appears  that  there  is  probable  cause  to  believe  that  said 
complaint  is  true,  shall  issue  a  search  warrant  to  a  sheriff, 
deputy  sheriff,  city  marshal,  chief  of  police,  deputy  marshal, 
police  officer  or  constable,  commanding  him  to  search  the 
premises  where  it  is  alleged  that  any  of  the  above  mentioned 
drugs  is  kept  or  deposited,  and  to  seize  and  securely  keep 
the  same  until  final  action,  and  to  arrest  the  person  in  whose 
possession  such  drug  is  found,  together  with  all  persons 
present  where  such  drug  is  found,  and  to  return  forthwith 
the  warrant  with  his  doings  thereon,  to  a  court  or  trial 
justice  having  jurisdiction  in  the  town  where  said  drug  is 
alleged  to  be  kept  or  deposited.  Whoever  is  so  present  Penalty  for 
where  any  of  the  aforesaid  drugs  is  found  shall  be  punished  ''®'°^  present. 
by  a  fine  of  not  more  than  one  thousand  dollars  or  by  im- 
prisonment in  the  house  of  correction  for  one  year,  or  both. 

Approved  May  28,  194S. 


An  Act  revoking  the  power  of  the  director  of  the 

DIVISION    OF   employment   SECURITY   TO   REMOVE    CERTAIN 
EMPLOYEES    FORMERLY    TRANSFERRED    TO    SUCH    DIVISION. 

Be  it  enacted,  etc.,  as  follows: 

Section  six  of  chapter  twenty  of  the  acts  of  nineteen  hun- 
dred and  thirty-nine  is  hereby  amended  by  striking  out  all 
after  the  word  "employment"  in  the  nineteenth  line,  —  so 
as  to  read  as  follows :  —  Section  6.  The  unemployment  com- 
pensation commission  existing  on  the  effective  date  of  this 
section  is  hereby  abolished,  and  all  books  and  papers  of  said 
commission  shall  upon  said  date  be  turned  over  to  the  di- 
rector of  the  division  of  unemployment  compensation  ap- 
pointed as  provided  in  section  one  of  this  act.  The  state 
advisory  council  existing  on  said  date  is  hereby  abolished. 
All  unexpended  balances  of  moneys  heretofore  appropriated 
for  said  unemployment  compensation  commission  shall  be 
immediately  available  for  expenditure  by  said  division  of 
unemployment  compensation.  Persons  lawfully  employed 
and  serving  under  said  unemployment  compensation  com- 
mission are  hereby  transferred  to  serve  under  said  director 
without  impairment  of  any  rights  to  which  they  may  be 
lawfully  entitled;  provided,  that  nothing  herem  shall  be 
construed  to  validate  or  ratify  the  appointment  or  employ- 
ment of  any  employee  of  said  commission  that  may  not  have 
been  made  in  compliance  with  any  law,  rule  or  regulation 
governing  or  regulating  such  appointment  or  employment. 

Approved  May  28,  1943. 


Chap.S5S 


376  Acts,  1943.  —  Chaps.  359,  360. 


Chap. 359  An  Act  extending  the  authority  of  the  industrial 

ACCIDENT  BOARD  IN  OBTAINING  DEPOSITIONS  AND  TESTI- 
MONY OF  PERSONS  AND  WITNESSES  RESIDING  WITHOUT 
THE    COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Ed  K  i52^§  5,        Section  five  of  chapter  one  hundred  and  fifty-two  of  the 
ameAded.'         General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  adding  at  the  end  the  following  para- 
graph :  — 
S%°r^sons"^  In  lieu  of  the  foregoing  procedure  relative  to  depositions, 

etc..  residing  the  department  or  any  member  thereof  may  upon  the  filing 
commonwealth,  of  a  Written  request  of  any  party,  together  with  interroga- 
tories and  cross-interrogatories,  if  any  there  be,  with  the  de- 
partment or  member,  request  officers  in  other  jurisdictions, 
having  powers  and  duties  similar  to  those  of  the  department 
or  members,  to  take  depositions  or  testimony  of  persons  or 
witnesses  residing  in  such  jurisdictions.  Upon  the  return  of 
any  such  deposition  to  the  department  it  shall  be  opened  by 
the  secretary  of  the  department,  who  shall  endorse  thereon 
the  date  when  it  was  received.  The  department  may  allow 
a  reasonable  fee  for  stenographic  services  in  connection  with 
the  taking  of  such  depositions  and  the  expenses  thereof  shall 
be  assessed  upon  the  parties  requesting  such  depositions. 

Approved  May  28,  19^3. 


Chap, SQO  An  Act  relative  to  retraction  and  damages  in  libel 

CASES   AND   TO    DAMAGES   IN    SLANDER    CASES. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Chapter  two  hundred  and  thirty-one  of  the  General  Laws 

amemfed^.'  ^'^'  is^hercby  amended  by  striking  out  section  ninety-three,  as 
appearing  in  the  Tercentenary  Edition,  and  inserting  in 
Retraction  of ;;  placc  thereof  the  following  section:  ^  Section  93.  Where 
t^n'o?,"etc°^"  the  defendant  in  an  action  for  libel,  at  any  time  after  the 
publication  of  the  libel  hereinafter  referred  to,  either  before 
or  after  such  action  is  brought,  but  before  the  answer  is  re- 
quired to  be  filed  therein,  gives  written  notice  to  the  plain- 
tiff or  to  his  attorney  of  his  intention  to  publish  a  retraction 
of  the  libel,  accompanied  by  a  copy  of  the  retraction  which 
he  intends  to  publish,  and  the  retraction  is  published,  he 
may  prove  such  publication,  and,  if  the  plaintiff  does  not 
accept  the  offer  of  retraction,  the  defendant  may  prove  such 
non-acceptance  in  mitigation  of  damages.  If  within  a  rea- 
sonable time  after  receiving  notice  in  writing  from  the  plain- 
tiff that  he  claims  to  be  libelled  the  defendant  makes  such 
offer  and  publishes  a  reasonable  retraction,  and  such  offer  is 
not  accepted,  he  may  prove  that  the  alleged  libel  was  pub- 
lished in  good  faith  and  without  actual  mahce,  and,  unless 
the  proof  is  successfully  rebutted,  the  plaintiff  shall  recover 
only  for  any  actual  damage  sustained.    In  no  action  of  slan- 


Acts,  1943.  —  Chaps.  361,  362.  377 

der  or  libel  shall  exemplary  or  punitive  damages  be  allowed, 
whether  because  of  actual  malice  or  want  of  good  faith  or 
for  any  other  reason.  Proof  of  actual  maHce  shall  not  en- 
hance the  damages  recoverable  for  injury  to  the  plaintiff's 
reputation.  Approved  May  28,  1943. 


An  Act  relative  to  mitigation  of  damages  in  cases  or  Chav. SGI 

CHAIN   LIBEL,   SO    CALLED. 

Be  it  enacted,  etc.,  as  follows: 

Section  ninety-four  of  chapter  two  hundred  and    thirty-  g.  l.  (Ter. 
one  of  the  General  Laws,  as  appearing  in  the  Tercentenary  ameA(kd.'  ^  ^^' 
Edition,  is  hereby  amended  by  striking  out,  in  the  second  line,  ' 
the  words  "has  already"  and  inserting  in  place  thereof  the 
words :  —  already  has  brought  action  for  or,  —  so  as  to  read 
as  follows:  —  Section  94-    In  an  action  for  libel,  the  defend-  ^J^'f^^'J^^^" 
ant  may  allege  and  prove  in  mitigation  of  damages  that  the  of  damages. 
plaintiff  already  has  brought  action  for  or  recovered  damages 
for,  or  has  received  or  has  agreed  to  receive  compensation 
in  respect  of,  substantially  the  same  libel  as  that  for  which 
such  action  was  brought.    In  an  action  for  libel  or  slander, 
he  may  introduce  in  evidence,  in  mitigation  of  damages  and 
in  rebuttal  of  evidence  of  actual  malice,  acts  of  the  plaintiff 
which  create  a  reasonable  suspicion  that  the  matters  charged 
against  him  by  the  defendant  are  true. 

Approved  May  28,  1943. 


An  Act  authorizing  the  adjutant  general  to  accept  (jhdj)  352 

FOR    MILITARY    PURPOSES,    ON    BEHALF    OF    THE    COMMON-  ^' 

WEALTH,    GIFTS    OF   PERSONAL   PROPERTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  thirty-three  of  the  General  Laws,  as  o.  l.  (Xer. 
appearing  in  section  one  of  chapter  four  hundred  and  twenty-  f'^o^l^'added. 
five  of  the  acts  of  nineteen  hundred  and  thirty-nine,  is  hereby 
amended  by  inserting  after  section  one  hundred  and  four,  as 
so  appearing,  the  following  section:  —  Section  IO4A.     The  Gifts  or 
adjutant  general,  with  the  approval  of  the  governor  and  ac?epTance  of. 
council,  may  accept  on  behalf  of  the  commonwealth  any  gift 
or  bequest  of  personal  property  to  or  for  the  use  of  the  mih- 
tary  forces  of  the  commonwealth,  and  shall  forthwith  trans- 
fer any  money  or  securities  so  received  to  the  state  treasurer 
who  shall  administer  the  same  as  provided  in  section  seven- 
teen A  of  chapter  ten. 

Section  2.     Chapter  ten  of  the  General  Laws  is  hereby  g.  l.  (Per. 
amended  by  inserting  after  section  seventeen,  as  amended  f'jyA.^added. 
by  section  one  of  chapter  one  hundred  and  ninety-four  of 
the  acts  of  nineteen  hundred  and  forty-one,  the  following 
section :  —  Section  17 A.     The  state  treasurer  shall  receive  all  ^i", receive, 
funds  given  to  the  commonwealth  for  the  use  of  the  military  fu.-jdsjor 
forces  as  provided  in  section  one  hundred  and  four  A  of  chap-  "orces!^^ 


378  Acts,  1943.  —  Chaps.  363,  364. 

ter  thirty-three.  The  said  funds,  if  in  cash,  shall  be  invested 
safely  by  the  state  treasurer,  or,  if  in  securities,  he  may  hold 
them  in  their  original  form  or,  upon  the  approval  of  the 
governor  and  council,  sell  them  and  reinvest  the  proceeds 
in  securities  which  are  legal  investments  for  the  common- 
wealth sinking  funds.  Upon  the  request  of  the  adjutant  gen- 
eral, approved  by  the  governor  and  council,  he  shall  expend 
such  funds  or  any  part  thereof  for  the  use  of  the  military 
forces  of  the  commonwealth.  He  shall  be  held  responsi- 
ble for  the  faithful  management  of  said  funds  in  the  same 
manner  as  for  other  funds  held  by  him  in  his  official  capacity. 

Approved  May  28,  1943. 


C/iap.363  An  Act  relative  to  the  status  of  certain   persons 

IN  THE  employ  OF  THE  DEPARTMENT  OF  LABOR  AND 
INDUSTRIES. 

Be  it  enacted,  etc.,  as  follows: 

Persons  who,  on  the  effective  date  of  this  act,  are  in  the 
emplo}^  of  the  division  of  industrial  safety  of  the  department 
of  labor  and  industries  as  painters'  experts  to  assist  in  con- 
ducting examinations  of  painters'  riggers  may,  upon  passing 
a  non-competitive  qualifying  examination  to  which  they 
shall  be  subjected  by  the  division  of  civil  service,  continue 
to  serve  as  such  and  their  tenure  of  office  shall  be  unlimited, 
subject,  however,  to  the  civil  service  laws. 

Approved  May  28,  1943. 


C/iap. 364  An  Act  authorizing  the  establishment  of  a  park  de- 
partment, TO  BE  in  charge  OF  A  PARK  COMMISSIONER, 
IN   the    city    OF   PITTSFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Pittsfield  may  by  ordinance 
establish  a  park  department,  to  be  under  the  charge  of  an 
official  who  shall  be  known  as  the  park  commissioner.  The 
commissioner  shall  have  entire  charge  of  and  full  control 
over  the  maintenance  and  care  of  the  public  parks  and  play- 
grounds, including  all  buildings  and  trees  thereon,  located 
in  said  city,  except  playgrounds  within  the  limits  of  school 
property,  and  may  conduct  and  promote  recreation,  play, 
sports  and  physical  education,  for  which  admission  may  be 
charged.  The  commissioner  shall  be  appointed  biennially, 
beginning  with  the  year  nineteen  hundred  and  forty-four, 
by  the  mayor,  subject  to  confirmation  by  the  city  council 
in  accordance  with  the  provisions  of  its  charter,  and  shall 
receive  such  compensation,  if  any,  as  the  mayor  and  city 
council  may  determine. 

Section  2.  Except  as  otherwise  provided  by  this  act, 
all  powers  and  duties  relating  to  parks  and  playgrounds 


Acts,  1943.  —  Chap.  365.  379 

under  chapter  forty-five  of  the  General  Laws  shall  be  exer- 
cised and  performed  in  said  city  by  the  mayor  and  city 
council  thereof. 

Section  3.  The  employees  in  the  park  department  of 
said  city,  as  existing  immediately  prior  to  the  establishment 
of  the  park  department  hereunder,  shall  be  transferred  to 
the  park  department  established  hereunder  without  impair- 
ment of  their  civil  service  status  or  retirement  rights. 

Section  4.  So  much  of  chapter  two  hundred  and  eighty 
of  the  acts  of  nineteen  hundred  and  thirty-two,  and  acts  in 
amendment  thereof  and  in  addition  thereto,  as  is  inconsistent 
with  this  act,  is  hereby  repealed. 

Section  5.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  said  city  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  passed  by  the  general  court  in  the  year  nineteen  hundred 
and  forty-three,  entitled  'An  Act  authorizing  the  Establish- 
ment of  a  Park  Department,  to  be  in  Charge  of  a  Park  Com- 
missioner, in  the  City  of  Pittsfield',  be  accepted?"  If  a 
majority  of  the  votes  cast  on  said  question  is  in  the  affirma- 
tive, this  act  shall  take  full  effect  on  the  first  Monday  of 
January  in  the  year  nineteen  hundred  and  forty-four,  but 
not  otherwise.  Approved  May  28,  1943. 


An  Act  relative  to  the  proof  of  malice  in  actions  of  Chap. 365 
libel  and  slander. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  thirty-one  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  amencfed^.'  ^  ^^' 
ninety-one,  as  appearing  in  the  Tercentenary  Edition,  and 
inserting  in  place  thereof  the  following :  —  Section  91 .    If  the  Justification 
defendant  in  an  action  for  slander  or  for  publishing  a  libel  n°ot  p?ooY 
justifies  that  the  words  spoken  or  published  were  true,  such  of  malice 
allegation,  although  not  maintained  by  the  evidence,  shall 
not  of  itself  be  proof  of  the  malice  alleged  in  the  declaration, 
nor  shall  statements  of  the  defendant  differing  in  import 
from  those  declared  on  be  admissible  to  establish  his  malice 
unless  such  statements  were  published  in  pursuance  of  a 
general  scheme  to  defame  or  otherwise  injure  the  plaintiff. 
If  the  plaintiff  proposes  to  introduce  evidence  of  statements 
of  the  defendant  other  than  those  declared  on,  he  shall  give 
the  defendant  written  notice  of  such  intention,  specifying 
the  date  and  content  of  each  such  statement,  at  least  four- 
teen days  before  trial  begins,  or  earlier  if  the  court  so  orders ; 
and,  if  any  such  statement  is  introduced  in  evidence,  the  de- 
fendant shall  be  permitted  to  prove  that  it  was  true,  or  was 
privileged,  or  any  other  facts  relating  thereto  which  tend  to 
negative  malice. 


380 


Acts,  1943. —  Chap.  366. 


Effective 
date. 


Section  2.  This  act  shall  become  operative  on  October 
first  in  the  current  year,  but  shall  not  apply  to  any  action 
pending  on  said  effective  date.        Approved  May  28,  194S. 


G.  L.  (Ter. 
Ed.),  32,  §89, 
etc.,  amended. 


C/iap. 366  An  Act  relative  to  the  payment  of  annuities  to  de- 
pendents OF  certain  public  employees  killed  or 
dying  from  injuries  received  or  hazards  undergone 
in  the  performance  of  duty. 

Be  it  enacted,  etc.,  as  follows: 

Section  eighty-nine  of  chapter  thirty-two  of  the  General 
Laws,  as  most  recently  amended  by  chapter  three  hundred- 
and  twenty-six  of  the  acts  of  nineteen  hundred  and  thirty- 
six,  is  hereby  further  amended  by  striking  out,  in  the  nine- 
teenth line,  the  word  "all"  and  inserting  in  place  thereof 
the  words:  —  a  majority  of  the,  —  by  striking  out,  in  the 
forty-sixth  line,  the  word  "if"  and  inserting  in  place  thereof 
the  words :  —  ,  or  to  or  for  the  benefit  of  an  unmarried  or 
widowed  sister  of  the  deceased  with  whom  he  was  living  at 
the  time  of  his  death,  if  such  father,  mother  or  sister  was, — 
and  by  striking  out,  in  the  forty-eighth  line,  the  word  "re- 
marry" and  inserting  in  place  thereof  the  following:  — 
marry.  The  members  of  said  board  to  be  designated  by 
the  retiring  authority  and  the  commissioner  of  public  health, 
as  aforesaid,  shall  be  so  designated  within  thirty  days  after 
the  filing  of  an  application  for  an  annuity  hereunder,  —  so 
that  the  first  paragraph  will  read  as  follows:  —  If  a  member 
of  the  police  or  fire  force,  or  a  forest  warden,  of  a  city  or 
town,  or  a  member  of  the  department  of  public  safety  doing 
police  duty,  or  an  investigator  or  examiner  of  the  registry 
of  motor  vehicles  in  the  department  of  public  works  doing 
police  duty,  or  an  inspector  of  the  department  of  labor  and 
industries,  or  a  prison  oflficer  or  any  technical  employee  of 
the  department  of  public  works  or  public  health,  of  the  met- 
ropolitan district  commission,  or  of  the  division  of  metro- 
politan planning,  included  in  class  twenty-seven  of  rule  four 
of  the  civil  service  rules,  is  killed,  or  dies  from  injuries  re- 
ceived, or  dies  as  a  natural  and  proximate  result  of  under- 
going a  hazard  peculiar  to  his  employment,  while  in  the 
performance  of  his  duty,  and  it  shall  be  proved  to  the  satis- 
faction of  the  appropriate  public  authority  as  hereinafter 
defined  that  such  death  was  the  natural  and  proximate  re- 
sult of  an  accident  occurring,  or  of  undergoing  a  hazard 
peculiar  to  his  employment,  while  he  was  acting  in  the  per- 
formance and  within  the  scope  of  his  duty,  and  a  majority 
of  the  members  of  a  board  consisting  of  two  physicians  des- 
ignated by  the  public  authority  hereinafter  defined,  and  one 
physician  to  be  designated  by  the  commissioner  of  public 
health  shall  certify  to  the  treasurer  of  the  body  politic  and 
corporate  by  which  the  compensation  of  such  deceased  per- 
son was  payable,  that  the  death  was  the  natural  and  proxi- 
mate result  of  the  said  injury  or  hazard,  there  shall,  except 


Annuities  to 
dependents  of 
policemen  or 
firemen  killed, 
etc.,  in  per- 
formance 
of  duty. 


Acts,  1943. —  Chap.  366.  381 

as  hereinafter  provided,  be  paid  out  of  the  treasury  of  such 
body  politic  and  corporate,  to  the  following  dependents  of 
such  deceased  person  the  following  annuities :  To  the  widow, 
so  long  as  she  remains  unmarried,  an  annuity  not  exceeding 
one  thousand  dollars  a  year,  increased  by  not  exceeding  two 
hundred  dollars  for  each  child  of  such  deceased  person  dur- 
ing such  time  as  such  child  is  under  the  age  of  eighteen  or 
over  said  age  and  physically  or  mentally  incapacitated  from 
earning;  and,  if  there  is  any  such  child  and  no  widow  or  the 
widow  later  dies,  such  an  annuity  as  would  have  been  pay- 
able to  the  widow  had  there  been  one  or  had  she  lived,  to 
or  for  the  benefit  of  such  child,  or  of  such  children  in  equal 
shares,  during  the  time  aforesaid;  and,  if  there  is  any  such 
child  and  the  widow  remarries,  in  lieu  of  the  aforesaid  an- 
nuity to  her,  an  annuity  not  exceeding  two  hundred  and 
sixty  dollars  to  or  for  the  benefit  of  each  such  child  during 
the  time  aforesaid;  and,  if  there  is  no  widow  and  no  such 
child,  an  annuity  not  exceeding  one  thousand  dollars  to  or 
for  the  benefit  of  the  father  or  mother  of  the  deceased,  or 
to  or  for  the  benefit  of  an  unmarried  or  widowed  sister  of 
the  deceased  with  whom  he  was  living  at  the  time  of  his 
death,  if  such  father,  mother  or  sister  was  dependent  upon 
him  for  support  at  the  time  of  his  death,  during  such  time 
as  such  beneficiary  is  unable  to  support  himself  or  herself 
and  does  not  marry.  The  members  of  said  board  to  be 
designated  by  the  retiring  authority  and  the  commissioner 
of  public  health,  as  aforesaid,  shall  be  so  designated  within 
thirty  days  after  the  filing  of  an  application  for  an  annuity 
hereunder.  The  total  amount  of  all  such  annuities  shall  not, 
except  as  hereinafter  provided,  exceed  the  annual  rate  of 
compensation  received  by  such  deceased  person  at  the  date 
of  his  death.  If  such  deceased  person  was  a  reserve  or  spe- 
cial policeman  or  a  reserve  or  call  fireman  of  a  city  or  town 
and,  at  the  time  he  was  killed  or  at  the  time  he  received  the 
injuries  or  underwent  the  hazard  resulting  in  his  death,  was 
performing  duty  to  which  he  was  assigned  or  called  as  such 
policeman  or  fireman  and  for  the  performance  of  which  he 
was  entitled  to  compensation  from  said  city  or  town,  the 
total  amount  of  all  such  annuities  shall  not  exceed  the  an- 
nual rate  of  compensation  payable  to  a  regular  or  permanent 
member  of  the  police  or  fire  force  thereof,  as  the  case  may 
be,  for  the  first  year  of  service  therein,  and  if  there  are  no 
regular  or  permanent  members  of  the  police  or  fire  force 
thereof,  as  the  case  may  be,  said  total  amount  shall  not  ex- 
ceed the  sum  of  one  thousand  dollars.  The  amount  of  any 
such  annuity  shall  from  time  to  time  be  determined  within 
the  limits  aforesaid  by  the  appropriate  public  authority  as 
hereinafter  defined.  Approved  May  28,  1943. 


382 


Acts,  1943.  —  Chaps.  367,  368. 


G.  L.  (Ter. 
Ed.),  152.  §  65 
etc.,  amended.  • 


Chap.SQ7  An  Act  decreasing  the  amount  to  be  paid  into  the 

TREASURY  OF  THE  COMMONWEALTH  IN  CERTAIN  CASES  OF 
INDUSTRIAL  ACCIDENTS  RESULTING  IN  DEATH,  AND  PROVID- 
ING FOR  CERTAIN  EXPENSES  RELATIVE  THERETO. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  sixty-five  of  chapter  one  hundred  and  fifty-two  of 
the  General  Laws,  as  mOst  recently  amended  by  section  three 
of  chapter  four  hundred  and  sixty-five  of  the  acts  of  nineteen 
hundred  and  thirty-nine,  is  hereby  further  amended  by 
striking  out,  in  the  sixth  line,  the  words  "one  thousand",  and 
inserting  in  place  thereof  the  words :  —  five  hundred,  —  and 
by  adding  at  the  end  the  following  new  sentence :  —  The 
reasonable  expense  of  prosecution,  if  any,  by  the  attorney 
general,  of  claim  for  deposit  under  this  section,  shall,  subject 
to  the  approval  of  the  department,  be  payable  out  of  the' 
special  fund  established  hereunder,  —  so  as  to  read  as  fol- 
lows:—  Section  65.  For  every  case  of  personal  injury  re- 
sulting in  death  covered  by  this  chapter,  except  silicosis  or 
other  occupational  pulmonary  dust  disease,  when  there  are 
no  dependents,  the  insurer  shall  pay  into  the  treasury  of  the 
commonwealth  five  hundred  dollars.  Such  payments  shall 
constitute  a  special  fund  in  the  custody  of  the  state  treasurer, 
who  shall  make  payments  therefrom  upon  the  written  order 
of  the  department  for  the  purposes  set  forth  in  section  thirty- 
seven.  The  reasonable  expense  of  prosecution,  if  any,  by 
the  attorney  general,  of  claim  for  deposit  under  this  section, 
shall,  subject  to  the  approval  of  the  department,  be  payable 
out  of  the  special  fund  established  hereunder. 

Approved  May  28,  1943. 


Special  fund. 


C/iap. 368  An  Act  increasing  the  amount  of  payments  to  cer- 
tain DEPENDENTS  OF  EMPLOYEES  KILLED  IN  INDUSTRIAL 
ACCIDENTS. 


G.  L.  (Ter. 
Ed.).  152.  §  31. 
etc.,  amended. 


Death 
payments. 


Be  it  enacted,  etc.,  as  follows: 

The  second  paragraph  of  section  thirty-one  of  chapter  one 
hundred  and  fifty-two  of  the  General  Laws,  as  amended,  is 
hereby  further  amended  by  striking  out,  in  the  first  line, 
the  word  "ten"  and  inserting  in  place  thereof  the  word: 

—  twelve,  —  by  striking  out,  in  the  sixth  line,  the  word 
"twelve"  and  inserting  in  place  thereof  the  word:  —  fifteen, 

—  and  by  striking  out,  in  the  seventh  line,  the  word  "two" 
and  inserting  in  place  thereof  the  word :  —  three,  —  by  strik- 
ing out,  in  the  twentieth  line,  the  word  "eighteen"  and  in- 
serting in  place  thereof  the  word :  —  twenty-four,  —  and  by 
striking  out,  in  the  twenty-second  fine,  the  word  "three" 
and  inserting  in  place  thereof  the  word :  —  four,  —  so  as  to 
read  as  follows :  — 

To  the  widow,  so  long  as  she  remains  unmarried,  twelve 
dollars  a  week  if  and  so  long  as  there  is  no  child  of  the  em- 


Acts,  1943.  —  Chap.  369.  383 

ployee,  who  is  under  the  age  of  eighteen,  or  over  said  age 
and  physically  or  mentally  incapacitated  from  earning;  to 
or  for  the  use  of  the  widow  and  for  the  benefit  of  all  children 
of  the  employee,  fifteen  dollars  a  week  if  and  so  long  as  there 
is  one  such  child,  and  three  dollars  more  a  week  for  each 
such  additional  child;  provided,  that  in  case  any  such  child 
is  a  child  by  a  former  wife,  the  death  benefit  shall  be  divided 
between  the  surviving  wife  and  all  living  children  of  the  de- 
ceased employee  in  equal  shares,  the  surviving  wife  taking 
the  same  share  as  a  child.  If  the  widow  dies,  such  amount 
or  amounts  as  would  have  been  payable  to  or  for  her  own 
use  and  for  the  benefit  of  all  children  of  the  employee  shall 
be  paid  in  equal  shares  to  all  the  surviving  children  of  the 
employee.  If  the  widow  remarries,  all  pajmients  under  the 
foregoing  provisions  shall  terminate  and  the  insurer  shall 
pay  each  week  to  each  of  the  children  of  the  employee,  if 
and  so  long  as  there  are  more  than  five,  his  or  her  propor- 
tionate share  of  twenty-four  dollars  and  shall  pay  each  of 
such  children,  if  and  so  long  as  there  are  five  or  less,  four 
dollars  a  week.  If  there  is  no  surviving  wife  or  husband  of 
the  deceased  emploj^ee,  such  amount  or  amounts  as  would 
have  been  payable  under  this  section  to  or  for  the  use  of  a 
widow  and  for  the  benefit  of  all  such  children  of  the  em- 
ployee, shall  be  paid  in  equal  shares  to  all  such  surviving 
children  of  the  employee.  The  total  amount  of  payments 
and  the  period  of  payments  in  all  cases  under  this  section 
shall  not  be  more  than  sixty-four  hundred  dollars  nor  con- 
tinue for  more  than  four  hundred  weeks,  except  that  pay- 
ment to  or  for  the  benefit  of  children  of  the  deceased  em- 
ployee under  the  age  of  eighteen  shall  not  be  discontinued 
prior  to  the  age  of  eighteen.  When  weekly  payments  have 
been  made  to  an  injured  employee  before  his  death,  com- 
pensation under  the  foregoing  provisions  of  this  section  shall 
begin  from  the  date  of  the  death  of  the  employee,  but  shall 
not  amount  to  a  total  of  more  than  sixty-four  hundred  dol- 
lars, including  such  payments  as  were  made  to  the  injured 
employee  before  his  death,  and  shall  not  continue  for  more 
than  four  hundred  weeks,  including  weeks  during  which 
payments  were  made  to  the  injured  employee  before  his 
death,  except  as  above  provided  in  cases  where  children  of 
the  deceased  employee  continue  to  be  under  the  age  of 
eighteen.  Approved  May  28,  1943. 


C/iap.369 


An  Act  relative  to  the  trial  and  disposition  of  cer- 
tain ACTIONS  AND  PROCEEDINGS  PENDING  IN  DIFFERENT 
COURTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  twenty-three  of  the  o.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  ftrickln^out,^'^' 
two  A,  inserted  by  section  one  of  chapter  four  hundred  and  and  new 
eighty-three  of  the  acts  of  nineteen  hundred  and  thirty-five,  inserted.  ' 


384 


Acts,  1943.  —  Chap.  369. 


Consolidation 
of  certain 
actions. 


Transfer  of 
certain  actions 
to  superior 
court. 


Transfer  of 

action, 

procedure. 


Effective 
date. 


and  inserting  in  place  thereof  the  three  following  sections :  — 
Section  2 A .  Whenever  cross  actions  between  the  same  parties 
or  two  or  more  actions,  including  for  the  purposes  hereof  other 
court  proceedings,  arising  out  of  or  connected  with  the  same 
accident,  event  or  transaction  are  pending  in  one  or  more  dis- 
trict courts,  the  appellate  division  of  any  such  district  court 
may,  upon  motion  of  any  party  to  any  such  action  in  such 
court,  order  the  consolidation  of  such  actions  for  the  purpose 
of  trial  together  in  any  district  court  to  be  designated  in  the 
order;  provided,  that  if  motions  to  consolidate  the  same 
actions  are  filed  in  more  than  one  appellate  division,  such 
motions  shall  be  referred  to  the  appellate  division  in  which 
the  first  motion  is  filed;  and  provided,  further,  that  if  all  the 
principal  parties  to  all  such  actions  agree  upon  such  con- 
solidation for  trial  together  in  one  district  court  they  shall  be 
consolidated  and  tried  in  such  court.  The  party  making 
such  motion  shall  give  notice  thereof  to  the  clerks  of  the  dis- 
trict courts  in  which  said  actions  are  pending  and  to  all 
parties  to  such  actions,  and  thereafter  none  of  said  actions 
shall  be  placed  on  any  trial  list  until  after  the  disposition  of 
said  motion.  This  section  shall  apply  only  to  actions  as  to 
which  the  time  limit  for  removal  to  the  superior  court  under 
section  one  hundred  and  four  of  chapter  two  hundred  and 
thirty-one  has  expired. 

Section  2B.  Whenever  cross  actions  between  the  same 
parties  or  two  or  more  actions,  including  for  the  purposes 
hereof  other  court  proceedings,  arising  out  of  or  connected 
with  the  same  accident,  event  or  transaction  are  pending, 
one  or  more  in  the  superior  court  and  also  one  or  more  in  one 
or  more  district  courts,  the  superior  court,  upon  petition 
filed  therein  by  any  party  to  any  of  such  actions,  may  order 
that  the  action  or  actions  pending  in  the  district  court  or 
courts,  with  all  the  papers  relating  thereto,  be  transferred 
to  the  superior  court  without  the  payment  of  any  entry  fee, 
or,  with  the  consent  of  all  principal  parties  to  all  such  actions, 
may  order  that  such  actions  be  transferred  without  the  pay- 
ment of  any  entry  fee  to  a  designated  district  court  in  which 
any  of  such  actions  is  pending. 

Section  2C.  Whenever  any  action  or  proceeding  is  trans- 
ferred to  another  court  under  any  provision  of  section  two  A 
or  section  two  B,  such  action  or  proceeding  shall  thereafter 
proceed  in  the  court  to  which  it  is  thus  transferred  as  though 
originally  entered  there. 

Section  2.  This  act  shall  take  effect  on  October  first  in 
the  current  year.  Approved  May  28,  194S. 


Acts,  1943.  — Chap.  370.  385 


An  Act  making  appropriations  for  the  maintenance  of  (Jfiar).S70 

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  the  maintenance  of  the  sev- 
eral departments,  boards,  commissions  and  institutions,  of 
sundry  other  services,  and  for  certain  permanent  improve- 
ments, and  to  meet  certain  requirements  of  law,  the  sums 
set  forth  in  section  two,  for  the  several  purposes  and  subject 
to  the  conditions  specified  in  said  section  two,  are  hereby 
appropriated  from  the  general  fund  or  revenue  of  the  com- 
monwealth, unless  some  other  source  of  revenue  is  expressed 
subject  to  the  provisions  of  law  regulating  the  disburse- 
ment of  public  funds  and  the  approval  thereof,  for  the  fiscal 
year  ending  June  thirtieth,  nineteen  hundred  and  forty- 
four,  and  for  the  fiscal  year  ending  June  thirtieth,  nineteen 
hundred  and  forty-five,  or  for  such  other  period  as  may  be 
specified. 

Section  2. 

Appropriation     Appropriation 
P'iscal  Year  Fiscal  Year 

Item  1914.  1945. 

Service  of  the  Legislative  Department. 

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

0101-02  For  expense  allowance  of  senators 
for  the  year  nineteen  hundred 
and  forty-four  and  for  compensa- 
tion for  travel  for  the  year  nine- 
teen hundred  and  forty-five       .        $20,000  00  6,000  00 

0101-03  For  the  compensation  of  represent- 
atives        -  602,500  00 

0101-04  For  expense  allowance  of  repre- 
sentatives for  the  year  nineteen 
hundred  and  forty-four  and  for 
compensation  for  travel  for  the 
year  nineteen  hundred  and  forty- 
five  120,000  00  37,000  00 

0101-05  For  the  salaries  of  the  clerk  of  the 
senate  and  the  clerk  of  the  house 
of  representatives     .  .  .  12,000  00  12,000  00 

0101-06  For  the  salaries  of  the  assistant 
clerk  of  the  senate  and  the  assist- 
ant clerk  of  the  house  of  repre- 
sentatives        ....  8,500  00  8.630  00 

0101-07  For  such  additional  clerical  assist- 
ance to,  and  with  the  approval 
of,  the  clerk  of  the  senate,  as  may 
be  necessary  for  the  proper  des- 
patch of  public  business,  includ- 
ing not  more  than  one  permanent 
position  .....  2,800  00  2,800  00 


386  Acts,  1943.  —  Chap.  370. 

Appropriation     Appropriation 
Fiscal  Year         Fiscal  Year 
Item  1944.  1945. 

0101-08  For  such  additional  clerical  assist- 
ance to,  and  with  the  approval 
of,  the  clerk  of  the  house  of  rep- 
resentatives, as  may  be  neces- 
sary for  the  proper  despatch  of 
public  business,  including  not 
more  than  three  permanent  po- 
sitions      $7,800  00  88,100  00 

0101-09     For  the  salary  of  the  sergeant-at- 

arms 4,000  00  4,000  00 

0101-10  For  clerical  and  other  assistance 
emploj'ed  by  the  sergeant-at- 
arms,  including  not  more  than 
four  permanent  positions  .  .  6,510  00  6,630  00 

0101-11  For  the  compensation  for  travel  of 
doorkeepers,  assistant  doorkeep- 
ers, general  court  officers,  pages 
and  other  employees  of  the 
sergeant-at-arms,  authorized  by 
law  to  receive  the  same     .  .  4,000  00  8,000  00 

0101-12  For  the  salaries  of  the  doorkeepers 
of  the  senate  and  house  of  repre- 
sentatives, with  the  approval  of 
the  sergeant-at-arms,  including 
not  more  than  two  permanent 
positions  ....  5,500  00  5,500  00 

0101-13  For  the  salaries  of  assistant  door- 
keepers of  the  senate  and  house 
of  representatives  and  of  general 
court  officers,  with  the  approval 
of  the  sergeant-at-arms,  includ- 
ing not  more  than  twenty-two 
permanent  positions  .  .  44,600  00  44,600  00 

0101-14  For  compensation  of  the  pages  of 
the  senate  and  house  of  repre- 
sentatives, with  the  approval 
of  the  sergeant-at-arms,  includ- 
ing not  more  than  fourteen  per- 
manent positions    ....  —  9,800  00 

0101-15  For  the  salaries  of  clerks  employed 
in  the  legislative  document 
room,  including  not  more  than 
two  permanent  positions  .  .  4,850  00  6,250  00 

0101-17  For  the  salaries  of  the  chaplains  of 
the  senate  and  house  of  repre- 
sentatives, including  not  more 
than  two  permanent  positions    .  -  1,500  00 

0101-18  For  personal  services  of  the  counsel 
■  to  the  senate  and  assistants,  in- 
cluding not  more  than  four  per- 
manent positions      .  .  .  22,000  00  23,000  00 

0101-19  For  personal  services  of  the  counsel 
to  the  house  of  representatives 
and  assistants,  including  not 
more  than  seven  permanent 
positions  ....  31,600  00  34,400  00 

0101-20  For  clerical  and  other  assistance 
of  the  senate  committee  on  rules, 
including  not  more  than  one  per- 
manent position        .  .  .  4,300  00  5,000  00 

0101-21  For  clerical  and  other  assistance  of 
the  house  committee  on  rules,  in- 
cluding not  more  than  four  per- 


Acts,  1943. —  Chap.  370. 


387 


Item 


0101-22 


0102-01 


0102-02 


0102-03 
0102-04 


0102-05 

0102-06 

0102-07 
0102-08 

0102-09 

0102-10 

0102-11 


0102-12 
0102-13 


0102-14 


manent  positions  in  the  year 
nineteen  hundred  and  forty-four 
and  three  permanent  positions  in 
the  year  nineteen  hundred  and 
forty-five  .  .  . 

For  clerical  and  other  assistance 
of  the  joint  recess  committee  on 
ways  and  means 

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

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

For  printing  the  manual  of  the 
general  court,  with  the  approval 
of  the  clerks  of  the  two  branches 

For  expenses  in  connection  with 
the  publication  of  the  bulletin 
of  committee  hearings  and  of 
the  daily  list,  -nath  the  approval 
of  the  joint  committee  on  rules, 
including  not  more  than  two  per- 
manent positions  in  the  year 
nineteen  hundred  and  forty-five 

For  stationery  for  the  senate,  pur- 
chased by  and  with  approval  of 
the  clerk  .... 

For  office  and  other  expenses  of  the 
committee  on  rules  on  the  part  of 
the  senate         .... 

For  office  expenses  of  the  counsel 
to  the  senate    .... 

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

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

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

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

For  telephone  ser\dce  . 

For  biographical  sketches  of  cer- 
tain state  and  federal  officials     . 

For  the  payment  of  witness  fees  to 
persons  summoned  to  appear  be- 
fore committees  of  the  general 
court,  and  for  expenses  incidental 
to  summoning  them,  with  the 
approval  of  the  sergeant-at-arma 


Appropriation     Appropriation 

Fiscal  Year  Fiscal  Year 

1944.  1945. 


;,390  00     $5,215  00 
500  00       250  00 

400  00      4,000  00 

90,000  00 
5,100  00 


100  00 

100  00 
100  00 

350  00 

200  00 

300  00 


5,000  00 
1,500  00 


18,975  00 

400  00 

200  00 
300  00 

800  00 

300  00 

300  00 


9,500  00 
10,000  00 

1,700  00 


200  00 


388 


Acts,  1943. —  Chap.  370. 


Item 
0102-16 


For  the  consolidation  and  arrange- 
ment of  certain  laws,  including 
work,  under  the  direction  of  the 
senate  and  house  counsel,  with 
the  approval  of  the  president  of 
the  senate  and  the  speaker  of  the 
house  of  representatives,  upon 
certain  indexes  and  relating  to 
recess  committee  investigations  . 

Totals  .... 


Appropriation 

Fiscal  Year 

1944. 


$2,000  00 


Appropriation 

Fiscal  Year 

1W5. 


$2,000  00 


$317,400  00     $1,077,450  00 


0301-01 

0301-02 

0301-03 

0301-04 
0301-05 

0301-06 
0301-07 
0301-08 


Service  of  the  Judicial  Department. 

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

and  of  the  six  associate  justices  . 
For  traveling  allowances  and  ex- 
penses    ..... 
For  the  salary  of  the  clerk  for  the 

commonwealth 
For  clerical  assistance  to  the  clerk 
For  law  clerks,  stenographers  and 

other  clerical  assistance  for  the 

justices  ..... 
For   office   supplies,    services   and 

equipment        .... 
For  the  salaries  of  the  officers  and 

messengers       .... 
For  the  commonwealth's  part  of 

the  salary  of  the  clerk  for  the 

county  of  Suffolk 


0301-11 


0301-12 


Totals  .... 

Reporter  of  Decisions: 
For  the  salary  of  the  reporter  of 
decisions  .... 

For  clerk  hire  and  office  supplies, 
services  and  equipment,  includ- 
ing not  more  than  four  perma- 
nent positions 

Totals  .... 

Superior  Court,  as  follows: 

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

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

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

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

Totals  .... 


$99,000  00 

1,500  00 

6,500  00 
1,800  00 

28,000  00 
5,500  00 
3,290  00 

1,500  00 
$147,090  00        $147,090  00 


$99,000  00 

•    1,500  00 

6,500  00 
1,800  00 


28,000  00 


5,500  00 


3,290  00 


1,500  00 


$6,000  00 


13,000  00 
$19,000  00 


$385,000  00 

14,000  00 

1,000  00 


13,300  00 


$6,000  00 


13,000  00 
$19,000  00 

$385,000  00 

14,500  00 

1,000  0(1 


13,550  00 


$413,300  00        $414,050  00 


Acts,  1943.  —  Chap.  370. 


389 


Item 


0302-11 


0302-12 


0302-13 


0303-01 


0303-02 


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

Totals  .... 

Judicial  Council: 

For  expenses  of  the  judicial  coun- 
cil, as  authorized  by  section 
thirty-four  C  of  chapter  two 
hundred  and  twentj'-one  of  the 
General  Laws,  to  be  in  addition 
to  any  amount  heretofore  ap- 
propriated for  the  purpose 

For  compensation  of  the  secretary 
of  the  judicial  council,  as  au- 
thorized by  said  section  thirty- 
four  C  of  said  chapter  two  hun- 
dred and  twenty-one 

Totals  .... 


Appropriation     Appropriation 

Fiscal  Year  Fiscal  Year 

1944.  1945. 


$4,500  00 


650  00 


$1,800  00 


3,500  00 
$5,300  00 


$5,000  00 


650  00 


1,000  00  1,000  00 


3,150  00  $6,650  00 


$1,800  00 


3,500  00 
$5,300  00 


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

Probate  and  Insolvency  Courts, 
as  follows: 

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

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

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

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

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

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

Totals  .... 


$4,500.00  $4,500  00 


$158,500  00        $158,500  00 


8,000  00  8,000  00 


300  00 


300  00 


300  00 


63,900  00  63,900  00 


79,380  00  80,100  00 


300  00 


$310,380  00        $311,100  00 


390 


Acts,  1943.  —  Chap.  370. 


Item 

0306-01 
0306-02 
0306-03 
0306-04 

0306-05 
0306-06 
0306-07 
0306-08 
0306-09 
0306-10 
0306  11 
0306-12 
0306-13 
0306-14 

0307-01 
0308-01 
0308-02 
0308-03 


Appropriation     Appropriation 

Fiscal  Year         Fiscal  Year 

1944.  1945. 


0309-01 


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

than  two  permanent  positions    . 
Berkshire,  including  not  more  than 

four  permanent  positions  . 
Bristol,  including  not  more  than 

ten  permanent  positions    . 
Dukes     County,     including     not 

more  than  one  permanent  posi- 
tion        ..... 
Essex,    including   not    more   than 

fourteen  permanent  positions 
Franklin,  including  not  more  than 

one  permanent  position     . 
Hampden,  including  not  more  than 

nine  permanent  positions 
Hampshire,    including    not    more 

than  two  permanent  positions  . 
Middlesex,  including  not  more  than 

thirty-five  permanent   positions 
Norfolk,  including  not  more  than 

thirteen  permanent  positions    . 
Plymouth,  including  not  more  than 

four  permanent  positions  . 
Suffolk,   including  not  more  than 

forty-five  permanent  positions  . 
Worcester,  including  not  more  than 

twelve  permanent  positions 
Nantucket  .... 


$2,580  00 

5,280  00 

14,730  00 

660  00 
20,040  00 

2,160  00 
14,370  00 

3,030  00 
49,590  00 
18,000  00 

5,220  00 

61,600  00 

16,860  00 
150  00 


Totals  .... 

Administrative    Committee     of 

Probate  Courts: 
For  expenses  of  the  administrative 

committee  of  probate  courts     .  $100  00 

Service  of  the  Land  Court. 

For  the  salaries  of  the  judge,  as- 
sociate judges,  the  recorder  and 
court  officer,  including  not  more 
than  five  permanent  positions   .        $38,984  00 

For  engineering,  clerical  and  other 
personal  services,  including  not 
more  than  twenty-four  perma- 
nent positions  .  .  •  58,740  00 

For  personal  services  in  the  exami- 
nation of  titles,  for  publishing 
and  serving  citations  and  other 
services,  traveling  expenses,  sup- 
plies and  office  equipment,  and 
for  the  preparation  of  sectional 
plans  showing  registered  land     .  23,500  00 


Totals 


Pensions  for  Certain  Retired  Justices. 
For  pensions  of  retired  justices  of 
the  supreme  judicial  court  and  of 
the  superior  court,  and  judges  of 
the  probate  courts  and  the  land 
court $50,000  00 


$2,700  00 

5,400  00 

15,030  00 

660  00 
20,820  00 

2,160  00 
14.730  00 

3,090  00 
50,670  00 
18,300  00 

5,340  00 

62,800  00 

17,040  00 
150  00 


$214,270  00        $218,890  00 


$100  00 


$38,984  00 


59,480  00 


23,500  00 


$121,224  00        $121,964  00 


$50,000  00 


Acts,  1943. —  Chap.  370. 


391 


Item 

Service  of  the  District  Attorneys. 

District  Attorneys,  as  follows: 

0310-01  For  the  salaries  of  the  district  at- 
torney and  assistants  for  the 
Suffolk  district,  including  not 
naore  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  .... 

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

0310-04  For  the  salaries  of  the  district  at- 
torney, deputy  district  attorney 
and  assistants  for  the  south- 
eastern district,  including  not 
more  than  five  permanent  posi- 
tions       ..... 

0310-05  For  the  salaries  of  the  district  at- 
torney and  assistants  for  the 
southern  district,  including  not 
more  than  four  permanent  posi- 
tions       ..... 

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

0310-07  For  the  salaries  of  the  district  at- 
torney and  assistants  for  the 
western  district,  including  not 
more  than  three  permanent  po- 
sitions    ..... 

0310-08  For  the  salary  of  the  district  attor- 
ney for  the  northwestern  dis- 
trict        ..... 

0310-09  For  traveling  expenses  necessarily 
incurred  by  the  district  attor- 
neys, except  in  the  Suffolk 
district,  including  expenses  in- 
curred in  pre^aous  years  . 


Appropriation 

Fiscal  Year 

1944. 


Appropriation 

Fiscal  Year 

1945. 


Totals 


$66,000  00  $66,000  00 


28,000  00  28,000  00 

17,400  00  17,400  00 

18,600  00  18,600  00 

15,100  00  15,100  00 

15,000  00  15.000  00 

10,400  00  10,400  00 

4,000  00  4,000  00 

4,500  00  4,500  00 

$179,000  00  $179,000  00 


Service  of  the  Board  of  Probation. 

0311-01  For  personal  services  of  the  com- 
missioner, clerks  and  stenog- 
raphers, including  not  more 
than  forty-three  permanent 
positions  .... 

0311-02  For  services  other  than  personal, 
including  printing  the  annual 
report,  traveling  expenses,  rent, 
office  supplies  and  equipment    . 


$70,020  00  $71,280  00 


6,500  00 


6,500  00 


Totals 


$76,520  00  $77,780  00 


392  Acts,  1943.  —  Chap.  370. 

Appropriation     Appropriation 
Fiscal  Year         Fiscal  Year 
Item  1944.  1945. 

Service  of  the  Board  of  Bar  Examiners. 

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

0312-02  For  other  services,  including  not 
more  than  one  permanent  posi- 
tion, and  including  printing 
the  annual  report,  traveling 
expenses,  office  supplies  and 
equipment        ....  6,657  00  6,657  00 


Totals  ....        $19,157  00  $19,157  00 


Suffolk  County  Court  House. 

0318-01  For  reimbursing  the  city  of  Boston 
for  thirty  per  cent  of  the  cost 
of  maintenance  of  the  Suffolk 
County  Court  House,  as  pro- 
vided by  and  subject  to  the  con- 
ditions of  section  six  of  chapter 
four  hundred  and  seventy-four 
of  the  acts  of  the  year  nineteen 
hundred  and  thirty-five;  pro- 
vided, that  this  appropriation 
shall  not  be  construed  as  fixing 
the  specific  amount  for  which  the 
commonwealth  shall  be  liable  on 
account  of  said  maintenance     .      $100,000  00        $100,000  00 


Service  of  the  Executive  Department. 

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

0401-02     For  the  salary  of  the  lieutenant 

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

0401-03  For  the  salaries  of  the  eight  council- 
lors   8,000  00  8,000  00 

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

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

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

0401-22  For  postage,  printing,  office  and 
other  contingent  expenses,  in- 
cluding travel,  of  the  governor   .  11,000  00  11,000  00 

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

0401-24  For  the  cost  of  entertainment  of 
distinguished  visitors  to  the  com- 
monwealth and  for  the  payment 
of  other  extraordinary  expenses 
not  otherwise  provided  for         .  10,000  00  10,000  00 


Acts,  1943. —  Chap.  370.  393 

Appropriation    Appropriation 
Fiscal  Year         Fiscal  Year 
Item  1944.  1945. 

0401-26     For  certain  maintenance  expenses 

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

0401-31  For  the  purchase  of  portraits  of 
former  governors,  as  authorized 
by  section  nineteen  of  chapter 
eight  of  the  General  Laws         .  -  3,000  00 

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


Totals $95,890  00  $99,890  00 

Service  of  the  Adjutant  General. 

0402-01     For    the    salary    of    the    adjutant 

general $6,000  00  $6,000  00 

0402-02  For  personal  services  of  office 
assistants,  including  services  for 
the  preparation  of  records  of 
Massachusetts  soldiers  and 
sailors,  and  including  not  more 
than  eighteen  permanent  posi- 
tions         37,260  00  37,740  00 

0402-03  For  services  other  than  personal, 
and  for  necessary  office  supplies 
and  expenses    ....  9,500  00  9,500  00 

0402-04  For  expenses  not  otherwise  pro- 
vided for  in  connection  with 
military  matters  and  accounts   .  6,000  00  6,000  00 


Totals  .         .  .  .        $58,760  00         $59,240  00 

Service  of  the  Organized  Militia. 

0403-01  For  allowances  to  companies  and 
other  administrative  units,  to 
be  expended  under  the  direction 
of  the  adjutant  general      .  .      $122,000  00        $122,200  00 

0403-03  For  certain  allowances  for  officers 
of  the  organized  militia,  as  au- 
thorized by  paragraph  (c)  of 
section  one  hundred  and  twenty 
of  chapter  thirty-three  of  the 
General  Laws  .  .  .  38,000  00  43,000  00 

0403-05  For  expenses  of  military  training 
and  instruction,  including  organ- 
ization, administration  and  ele- 
ments of  military  art,  use  of 
chemical  gas,  rifle  practice,  and 
pay  and  expenses  of  certain 
camps  of  instruction  .  .        125,000  00  125,000  00 

0403-07  For  transportation  of  officers  and 
non-commissioned  officers  to  and 
from  military  meetings  and  regi- 
mental and  battahon  drUls         .  3,000  00  3,000  00 

0403-08  (This  item  combined  with  Item 
0403-07.) 

0403-13     For  compensation  for  special  and 

miscellaneous  duty  .  .  27,000  00  27,000  00 

0403-14  For  compensation  for  accidents 
and  injuries  sustained  in  the 
performance  of  military  duty     .  4,500  00  4,500  00 


394 


Acts,  1943.  — Chap.  370. 


Item 

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

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

0403-18     For  premiums  on  bonds  for  officers 

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

0403-23  For  personal  services  necessary 
for  the  operation  of  the  com- 
monwealth depot  and  motor 
repair  park,  including  not  more 
than  fourteen  permanent  posi- 
tions       ..... 

Totals  .... 

Specials: 

0404-31  The  unexpended  balance  of  the 
appropriation  made  by  Item 
0404-31  of  chapter  four  hun- 
dred and  nineteen  of  the  acts 
of  nineteen  hundred  and  forty- 
one  and  of  transfers  made  to 
this  account  during  the  fiscal 
year  nineteen  hundred  and  forty- 
two  from  chapter  eighteen  of 
the  acts  of  the  Special  Session  of 
nineteen  hundred  and  forty-two 
is  hereby  reappropriated. 

0404-32  For  certain  expenses  of  maintain- 
ing regional  posts  of  command 
of  the  state  guard,  including 
rent         ..... 


Appropriation 

Fiscal  Year 

1944. 


$500  00 


3,000  00 
1,550  00 


6,500  00 


24,500  00 


Appropriation 

Fiscal  Year 

1945. 


$500  00 


3,000  00 
2,500  00 


6,500  00 


24,800  00 


$355,550  00        $362,000  00 


$8,000  00 


$8,000  00 


$16,880  00 


Service  of  the  State  Quartermaster. 

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

0405-02  For  the  salaries  of  armorers  and 
assistant  armorers  of  armories 
of  the  first  class,  superintend- 
ent of  armories,  and  other  em- 
ployees, including  not  more  than 
eighty-two  permanent  positions 

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

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

0406-03  For  the  care  and  maintenance  of 
the  state  camp  ground  and 
buildings  at  Framingham 

0406-04  For  the  maintenance  of  armories 
of  the  first  class,  including  the 
purchase  of  certain  furniture 


$17,200  00 


145,793  00 

147,705  00 

25  00 

25  00 

14,000  00 

14,000  00 

100  00 

100  00 

180,000  00 

175,000  00 

Acts,  1943.  —  Chap.  370. 


395 


Item 
0406-05 


040&-06 


0406-07 


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

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

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

Totals  .... 


Appropriation 

Fiscal  Year 

1944. 


$16,900  00 


13,000  00 


500  00 


Appropriation 

Fiscal  Year 

1945. 


$16,900  00 


13,000  00 


500  00 


$387,198  00        $384,430  00 


Service  of  the  State  Surgeon, 


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

0407-02  For  services  other  than  personal, 
and  for  necessary  medical  and 


$5,340  00 


$5,340  00 


0407-03 

ofiice  supplies  and  equipment    . 
For  the  examination  of  recruits     . 

Totals           .... 

1,500  00 
5,000  00 

1,500  00 
5,000  00 

$11,840  00 

$11,840  00 

Service  of  the  State  Judge 

Advocate. 

0408-01 

For    compensation    of    the    state 
judge  advocate 

$1,500  00 

$1,500  00 

Service  of  the  Armory  Cormnission. 

0409-01 
0409-02 

For  compensation  of  one  member  . 

For  office,  incidental  and  traveling 

expenses           .... 

$200  00 
100  00 

$200  00 
100  00 

Totals 


$300  00 


$300  00 


Service  of  Special  Military  Expenses. 

0411-01  For  the  expense  of  testimonials  to 
soldiers  and  sailors  of  the  world 
war,  to  be  expended  under  the 
direction  of  the  adjutant  general  $25  00 


$25  00 


Service  of  the  Commission  on  Administration  and  Finance. 

0415-01  For  personal  services  of  the  com- 
missioners, including  not  more 
than  four  permanent  positions  . 

0415-02  For  personal  services  of  the  bureau 
of  the  comptroller,  including  not 
more  than  eighty-five  perma- 
nent positions 

0415-03  For  personal  services  of  the  bureau 
of  the  purchasing  agent,  includ- 
ing not  more  than  forty-one  per- 
manent positions 

0415-04  For  other  personal  services  of  the 
commission,  including  not  more 
than  thirty-two  permanent  posi- 
tions       ..... 


$26,500  00  $26,500  00 


146,295  00  150,410  00 


77,040  00 


73,340  00 


78,360  00 


74,700  00 


396 


Acts,  1943.  —  Chap.  370. 


Item 
0415-05 


0415-10 


0415-11 


0415-12 


0416-01 


0416-02 


0416-03 


0416-04 


0416-05 


0416-11 


0416-13 


0416-14 


Appropriation 

Fiscal  Year 

1944. 


Appropriation 

Fiscal  Year 

1945. 


For  other  expenses  incidental  to 
the  duties  of  the  commission 

Totals  .... 

Telephone  service: 
For  telephone  service  in  the  state 
house  and  expenses  in  connec- 
tion therewith 

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  commission  on  administra- 
tion and  finance 

Central  mailing  room: 
For  personal  services  of  the  central 
mailing  room,  including  not  more 
than  eight  permanent   positions 


$60,000  00  $60,000  00 


,175  00        $389,970  00 


$43,000  00  $44,500  00 


$25,000  00 


$40,000  00 


$13,500  00  $14,160  00 


Service  of  the  State  Superintendent  of  Buildings. 

For  personal  services  of  the  super- 
intendent and  office  assistants, 
including  not  more  than  five 
permanent  positions  .  .        $12,480  00 

For  personal  services  of  engineers, 
assistant  engineers,  firemen  and 
helpers  in  the  engineer's  depart- 
ment, including  not  more  than 
forty  permanent  positions  .  71,580  00 

For  personal  services  of  capitol 
police,  including  not  more  than 
twenty-seven  permanent  posi- 
tions         49,380  00 

For  personal  services  of  janitors, 
including  not  more  than  twenty- 
three  permanent  positions  .  31,500  00 

For  other  personal  services  inci- 
dental to  the  care  and  mainte- 
nance of  the  state  house  and  of 
the  Ford  building,  so-called,  in- 
cluding not  more  than  seventy- 
eight  permanent  positions  95,820  00 

Totals 

Other  annual  expenses: 

For  contingent,  office  and  other  ex- 
penses of  the  superintendent      .  $325  00 

For  services,  supplies  and  eqmp- 
ment  necessary  to  furnish  heat, 
light  and  power         .  •  •  90,000  00 

For  other  services,  supplies  and 
equipment  necessary  for  the 
maintenance  and  care  of  the 
state  house  and  grounds  and  of 
the  Ford  building,  so-called,  in- 
cluding repairs  of  furniture  and 
equipment        ....  36,500  00 


$12,660  00 

73,200  00 

50,580  00 
31,860  00 

96,060  00 


$260,760  00   $264,360  00 

$325  00 
90,000  00 

36,500  00 


Totals 


$126,825  00   $126,825  00 


Acts,  1943.  —  Chap.  370. 


397 


Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

Service  of  the  Alcoholic  Beverages  Control  Commission. 

The  following  items  shall  be  pay- 
able from  fees  collected  under 
section  twenty-seven  of  chap- 
ter one  hundred  and  thirty- 
eight  of  the  General  Laws: 
0417-01     For    personal    services,    including 
not  more  than  forty-five  perma- 
nent positions 
0417-02     For  services  other  than  personal, 
including  rent  of  offices,  travel, 
and    office    and    incidental    ex- 
penses    .  .  .  .        '  . 

Totals  .... 


$112,860  00        $112,980  00 


26,000  00 


26,000  00 


$138,860  00        $138,980  00 


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: 
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  ex- 
penses    ..... 


Totals 


$69,000  00    $69,000  00 


7,700  00 


7,700  00 


$76,700  00         $76,700  00 


Service  of  the  State  Planning  Board 

0419-01  For  personal  services  of  secretary, 
chief  engineer,  and  other  assist- 
ants, including  not  more  than 
thirteen  permanent  positions 

0419-02  For  services  other  than  personal, 
including  rent  of  offices,  travel, 
and  office  supplies  and  equip- 
ment      ..... 


Totals 


$42,380  00  $42,440  00 


9,500  00 


$51,880  00 


9,500  00 


$51,940  00 


Service  of  the  Commissioners  on  l<niform  State  Laus. 
0420-01     For  expenses  of  the  commissioners  $400  00  $400  00 


Service  of  the  State  Library. 

0423-01  For  personal  services  of  the  libra- 
rian   $5,700  00  $5,700  00 

0423-02  For  personal  services  of  the  regu- 
lar library  assistants,  temporary 
clerical  assistance,  and  for  serv- 
ices for  cataloguing,  including 
not  more  than  twenty-two  per- 
manent positions       .  .  .  41,460  00  41,580  00 


398 


Acts,  1943.  —  Chap.  370. 


Item 
0423-03 


0423-04 


For  services  other  than  personal, 
including  printing  the  annual  re- 
port, ofSce  supplies  and  equip- 
ment, and  incidental  traveUng 
expenses  .... 

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

Totals  .... 


Appropriation 

Fiscal  Year 

1944. 


$4,500  00 


8,500  00 
$60,160  00 


Appropriation 

Fiscal  Year 

1945. 


$4,500  00 


8,500  00 
$60,280  00 


Service  of  the  Art  Conwiission. 
0424-01     For  expenses  of  the  commission  $310  00 


$60  00 


Service  of  the  Ballot  Law  Coynmission,. 


0425-01  For  compensation  of  the  commis- 
sioners, including  not  more  than 
three  permanent  positions 

0425-02  For  expenses,  including  travel, 
supplies  and  equipment     . 

Totals  .... 


$750  00 


250  00 


$1,000  00 


$750  00 
250  00 


$1,000  00 


0430-00 


0440-01 


Service  of  the  Soldiers'  Home  in  Massachusetts. 

For  the  maintenance  of  the  Sol- 
diers' Home  in  Massachusetts, 
with  the  approval  of  the  trustees 
thereof,  including  not  more  than 
two  hundred  and  thirteen  per- 
manent positions,  to  be  in  addi- 
tion to  certain  receipts  from  the 
United  States  government;  pro- 
vided, that  these  appropriations 
be  reduced  by  any  amount  by 
which  the  receipts  from  the 
United  States  government  may 
exceed  ninety  thousand  five 
hundred  dollars  in  each  of  the 
years  nineteen  hundred  and 
forty-four  and  nineteen  hundred 
and  forty-five;  and,  provided 
further,  that  if  such  receipts 
from  the  United  States  govern- 
ment are  less  than  ninety  thou- 
sand five  hundred  dollars,  these 
appropriations  be  increased  by 
an  amount  equal  to  the  dif- 
ference between  said  amount 
and  the  amount  actually  re- 
ceived, and  such  increases  shall  » 
be  taken  from  the  War  Emer- 
gency Fund      .... 


$332,920  00        $332,950  00 


Service  of  the  Commissioner  of  State  Aid  and  Pensions. 

For  personal  services  of  the  com- 
missioner and  deputies,  includ- 
ing not  more  than  three  perma- 
nent positions  .  .  .        $12,390  00  $12,880  00 


Acts,  1943.  —  Chap.  370.  399 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

0440-02  For  personal  services  of  agents, 
clerks,  stenographers,  and  other 
assistants,  including  not  more 
than  twenty-six  permanent  po- 
sitions      $40,780  00  $42,100  00 

0440-03  For  services  other  than  personal, 
including  printing  the  annual 
report,  traveling  expenses  of  the 
commissioner  and  his  em- 
ployees, and  necessary  office 
supphes  and  equipment     .  .  10,400  00  10,400  00 


Totals  ....        $63,570  00  $65,380  00 


For  Expenses  on  Account  of  Wars. 

0441-01  For  reimbursing  cities  and  towns 
for  money  paid  on  account  of 
state  and  military  aid  to  Mas- 
sachusetts soldiers  and  their 
families,  to  be  paid  on  or  before 
the  fifteenth  day  of  November 
in  the  years  nineteen  hundred 
and  forty-three  and  nineteen 
hundred  and  forty-four,  in  ac- 
cordance with  the  provisions  of 
existing  laws  relative  to  state 
and  military  aid  other  than  chap- 
ter eleven  of  the  acts  of  the 
Special  Session  of  nineteen  hun- 
dred and  forty-two  .  .  .      $349,652  78        $375,000  00 

0441-02  For  certain  care  of  veterans  of 
the  civil  war,  their  wives  and 
widows,  as  authorized  by  sec- 
tion twenty-five  of  chapter  one 
hundred  and  fifteen  of  the  Gen- 
eral Laws         ....  20,000  00  18.000  00 

0441-11  For  reimbursing  cities  and  towns 
for  money  paid  on  account  of 
war  allowance,  state  and  mili- 
tary aid,  and  soldiers'  relief  to 
certain  residents  of  the  common- 
wealth and  their  dependents,  as 
authorized  by  chapter  eleven  of 
the  acts  of  the  Special  Session  of 
nineteen  hundred  and  forty-two        248,647  56  350.000  00 


Totals  ....      $618,300  34        $743,000  00 


Service  of  the  Massachusetts  Aeronautics  Commission. 

0442-01  For  personal  services  of  employees, 
including  not  more  than  three 
permanent  positions  .  .  $2,400  00  $2,520  00 

0442-02  For  administrative  expenses,  in- 
cluding consultants'  services,  of- 
fice rent  and  other  incidental 
expenses  ....  5.600  00  5,600  00 

Totals  ....  $8,000  00  $8,120  00 


400  Acts,  1943.  —  Chap.  370. 

Appropriation      Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

For  the  Maintenance  of  the  Mount  Greylock  War  Memorial. 

0443-01  For  expenses  of  maintenance  of  the 
Mount  Greylock  War  Memorial, 
as  authorized  by  section  forty- 
seven  of  chapter  six  of  the  Gen- 
eral Laws         ....  $1,20000  $1,20000 

For  the  Maintenance  of  Old  State  House. 

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

Service  of  the  Governor's  Committee  on  Public  Safety. 

0450-01  For  personal  and  other  expenses 
of  the  governor's  committee  on 
public  safety.  No  part  of  the  ap- 
propriations herein  authorized 
shall  be  available  for  the  salaries 
of  positions  on  a  permanent 
basis.  Persons  employed  by 
said  committee  shall  not  be  sub- 
ject to  the  civil  service  laws  or 
the  rules  and  regulations  made 
thereunder,  but  their  employ- 
ment and  salary  rates  shall  be 
subject  to  the  rules  and  regu- 
lations of  the  division  of  person- 
nel and  standardization.  Fur- 
ther activities  of  the  committee 
shall  cease  within  six  months  of 
the  termination  of  the  existing 
state  of  war  between  the  United 
States  and  any  foreign  country 
or  earlier  if,  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         .      $470,787  00        $470,287  00 

Service  of  the  Industrial  Committee  for  National  Defense. 

0460-01  For  personal  services  and  for  ad- 
ministrative expenses,  includ- 
ing office  rent  and  other  inci- 
dental expenses.  No  part  of  the 
appropriation  herein  author- 
ized shall  be  available  for  the 
salaries  of  positions  on  a  per- 
manent basis,  and  persons  em- 
ployed by  said  committee  shall 
not  be  subject  to  the  civil  serv- 
ice laws  or  the  rules  and  regu- 
lations made  thereunder,  but 
their  employment  and  salary 
rates  shall  be  subject  to  the 
rules  and  regulations  of  the  di- 
vision of  personnel  and  stand- 


Acts,  1943.  —  Chap.  370.  401 

Appropriation     Appropriation 
Fiscal  Year         Fiscal  Year 
Item  1944.  1945. 

ardization.  Further  activities  of 
the  committee  shall  terminate 
whenever,  in  the  opinion  of  the 
governor,  its  continuation  is  no 
longer  required  in  the  best  in- 
terests of  the  commonwealth     .        $13,000  00  $13,000  00 

Service  of  the  Secretary  of  the  Commonwealth. 

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

0501-02  For  the  salaries  of  officers  and  em- 
ployees holding  positions  estab- 
lished by  law,  and  other  personal 
services,  including  not  more  than 
sixty-five  permanent  positions  .        124,600  00  126,600  00 

0501-03  For  services  other  than  personal, 
traveling  expenses,  office  sup- 
plies and  equipment,  for  the  ar- 
rangement and  preservation  of 
state  records  and  papers,  includ- 
ing traveling  expenses  of  the 
supervisor  of  public  records       .  19,000  00  19,000  00 

0501-04  For  postage  and  expressage  on 
public  documents,  and  for  mail- 
ing copies  of  bills  and  resolves 
to  certain  state,  city  and  town 
officials 2,000  00  2,000  00 

0501-05     For    printing    registration    books, 

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

0501-06  For  the  preparation  of  certain  in- 
dexes of  births,  marriages  and 
deaths 6,000  00  6,000  00 

0501-08     For  the  purchase  of  ink  for  public 

records  of  the  commonwealth     .  1,000  00  1,000  00 

0501-09  For  the  purchase  of  copies  of  cer- 
tain town  records  prior  to  eight- 
een hundred  and  fifty        .  .  1,800  00  4,000  00 

0501-10     For  expenses  required  in  taking  the 

decennial  census        ...  -  10,000  00 


Totals  ....      $163,400  00        $177,600  00 

Specials: 
0502-01     For  the  purchase  of  certain  supplies 

and  equipment,    and   for  other 

things  necessary  in   connection 

with    the    reproduction    of    the 

manuscript  collection  designated 

"Massachusetts  Archives"         .  $1,300  00  $1,300  00 

0502-02     For  the  purchase  and  distribution 

of  copies  of  certain  journals  of 

the  house  of  representatives  of 

Massachusetts  Bay  from  seven- 
teen   hundred    and    fifteen    to 

seventeen  hundred  and  eighty, 

inclusive,  as  authorized  by  chap- 
ter four  hundred  and  thirteen  of 

the  acts  of  nineteen  hundred  and 

twenty 750  00  750  00 

0502-04     (Funds  for  this  item  in  Governor's 

War  Emergency  Fund.) 

Totals  ....  $2,050  00  $2,050  00 


402 


Acts,  1943.  —  Chap.  370. 


Item 


0503-01 


0503-02 


0503-03 


Appropriation     Appropriation 

Fiscal  Year  Fiscal  Year 

1944.  1945. 


For  printing  laws,  etc.: 

For  printing  and  distributing  the 
pamphlet  edition  and  for  print- 
ing and  binding  the  blue  book 
edition  of  the  acts  and  resolves 
of  the  year  nineteen  hundred 
and  forty-five 

For  the  printing  of  reports  of  deci- 
sions of  the  supreme  judicial 
court       ..... 

For  printing  and  binding  public 
documents       .... 

Totals  .  .  .  . 


$16,000  00 

$24,510  00  24,510  00 

2,500  00  2,500  00 

$27,010  00  $43,010  00 


For  matters  relating  to  elections: 

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

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

0504-03  For  furnishing  cities  and  towns 
with  ballot  boxes,  and  for  re- 
pairs to  the  same;  for  the  pur- 
chase of  apparatus  to  be  used 
at  polling  places  in  the  canvass 
and  counting  of  votes;  and  for 
providing  certain  registration 
facilities  .... 

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

0504-05  For  services  and  expenses  of  the 
electoral  college 

0504-07  For  expenses  of  compiUng  and 
publishing  information  to  voters, 
as  required  by  section  fifty- 
three  of  chapter  fifty-four  of  the 
General  Laws 

Totals  .... 


),000  00        $221,000  00 


6,300  00  3,000  00 


1,000  00  2,000  00 

18,500  00 
500  00 


40,000  00 


$97,300  00        $285,000  00 


Medical  Examiners'  Fees: 
0505-01     For   medical   examiners'    fees,    as 
provided  by  law 

Commission  on  Interstate  Co- 
operation: 
0506-01  For  personal  and  other  services  of 
the  commission,  including  travel 
and  other  expenses,  as  author- 
ized by  sections  twenty-one  to 
twenty-five,  inclusive,  of  chap- 
ter nine  of  the  General  Laws, 
including  not  more  than  two 
permanent  positions 


L.aOO  00  $1,300  00 


$10,700  00  $10,950  00 


Acts,  1943. —  Chap.  370.  403 

Appropriation     Appropriation 
Fiscal  Year         Fiscal  Year 
Item  1944.  1945. 

Service  of  the  Treasurer  and  Receiver-General. 

0601-01     For  the  salary  of  the  treasurer  and 

receiver-general         .  .  .  $6,000  00  $6,000  00 

0601-02  For  salaries  of  officers  and  em- 
ployees holding  positions  estab- 
lished by  law  and  additional 
clerical  and  other  assistance,  in- 
cluding not  more  than  tliirty- 
eight  permanent  positions  .  ,.        70,500  00  72,400  00 

0601-03  For  services  other  than  personal, 
traveling  expenses,  office  sup- 
plies and  equipment  .  .  18,150  00  16,900  00 


Totals  ....        $94,650  00  $95,300  00 

Commissioners  on  Firemen's  Re- 
lief: 

0602-01  For  reUef  disbursed,  with  the  ap- 
proval of  the  commissioners  on 
firemen's  relief,  subject  to  the 
provisions  of  law       .  .  .        $15,000  00  $15,000  00 

0602-02  For  expenses  of  administration  by 
the  commissioners  on  firemen's 
reHef 300  00  300  00 


Totals  ....        $15,300  00         $15,300  00 

Payments  to  Soldiers: 
0603-01     For  making  payments  to  soldiers 
in  recognition  of  service  during 
the  world  war  and  the  Spanish 
war,  as  provided  by  law    .  .  $1,000  00  $1,000  00 

State  Board  of  Retirement: 

0604-01  For  personal  services  in  the  admin- 
istrative office  of  the  state  board 
of  retirement,  including  not 
more  than  eleven  permanent 
positions  ....        $18,860  00  $19,460  00 

0604-02  For  services  other  than  personal, 
printing  the  annual  report,  and 
for  office  supplies  and  equipment  1,385  00  1,600  00 

0604-03  For  requirements  of  annuity  funds 
and  pensions  for  employees  re- 
tired from  the  state  service  un- 
der authority  of  law,  to  be  in 
addition  to  the  amounts  appro- 
priated in  item  2970-01     .  .        414,000  00  464,000  00 


Totals  ....      $434,245  00        $485,060  00 

Service  of  the  Emergency  Finance  Board. 
0605-01     For  administrative  expenses  of  the 
emergency  finance  board,  includ- 
ing not  more  than  eight  perma- 
nent positions  .  .  .  .        $13,640  00  $13,820  00 

Service  of  the  State  rhnergency  Public  Works  Commission. 
0606-01  For  expenses  of  the  board  ap- 
pointed to  formulate  projects  or 
perform  any  act  necessary  to 
enable  the  commonwealth  to  re- 
ceive certain  benefits  provided 


404 


Acts,  1943.  —  Chap.  370. 


Item 


by  any  acts  or  joint  resolutions 
of  congress  authorizing  grants 
of  federal  money  for  public  proj- 
ects, including  not  more  than  six 
permanent  positions 


Appropriation 

Fiscal  Year 

1944. 


$11,950  00 


Appropriation 

Fiscal  Year 

1945. 


812,000  00 


Service  of  the  Auditor  of  the  Commonwealth. 

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

0701-02  For  personal  services  of  deputies 
and  other  assistants,  including 
not  more  than  twenty-five  per- 
manent positions  .  .  .  73,680  00 
0701-03  For  services  other  than  personal, 
traveling  expenses,  office  sup- 
plies and  equipment           .          .  6,700  00 

Totals  ....        $86,380  00 


0801-01 


0801-02 


0801-03 


0802-01 


0802-02 


0803-04 


0803-06 


Service  of  the  Attorney  General's  Department. 


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

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  .... 

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

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 

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

Totals  .... 

Specials: 

For  expenses  incidental  to  special 
Htigation  to  recover  certain  bank 
deposits,  as  authorized  by  sec- 
tion forty-one  of  chapter  one 
hundred  and  sixty-eight  of  the 
General  Laws,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose     . 

(This  item  omitted.) 


$3,000  00 


Service  of  the  Department  of  Agriculture. 


0901-01     For  the  salary  of  the  commissioner 
0901-02     For  personal  services  of  clerks  and 
stenographers,      including      not 
more  than  seventeen  permanent 
positions  .... 

0901-03  For  traveling  expenses  of  the  com- 
missioner .... 


$6,000  00 


26,300  00 


700  00 


$6,000  00 

75,000  00 

6,700  00 
$87,700  00 


$8,000  00  $8,000  00 


118,660  00  118,900  00 


11,000  00  11,000  00 


8,000  00  8,000  00 


3,000  00      3,000  00 
$148,660  00   $148,900  00 


$6,000  00 

26,520  00 
700  00 


Acts,  1943.  —  Chap.  370. 


405 


Item 
0901-04 


0901-11 


0901-21 


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

For  compensation  and  expenses 
of  members  of  the  advisory 
board      ..... 

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

Totals  .... 


Appropriation 

Fiscal  Year 

1944. 


$5,100  00 


500  00 


1,900  00 


Appropriation 

Fiscal  Year 

1945. 


$5,100   00 


500  00 


1,900  00 


$40,500  00  $40,720  00 


Division  of  Dairying  and  Animal 
Husbandry: 

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

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

0905-03  For  administering  the  law  relative 
to  the  inspection  of  barns  and 
dairies  by  the  department  of  ag- 
riculture, including  not  more 
than  ten  permanent  positions     . 

Totals  .  .  .  . 


$13,860  00 
4,800  00 

29,400  00 


$13,860  00 
4,800  00 

29,500  00 


$48,060  00  $48,160  00 


Milk  Control  Board: 

0906-01  For  personal  services  of  members 
of  the  board  and  their  employ- 
ees, including  not  more  than 
fifty-three  permanent  positions  . 

0906-02  For  other  administrative  expenses 
of  the  board,  including  office  ex- 
penses, rent,  travel  and  special 
services  ..... 

0906-03  For  expenses  in  connection  with 
certain  activities  conducted  in 
co-operation  with  the  federal 
government,  as  authorized  by 
section  twenty-three  of  chapter 
ninety-four  A  of  the  General 
Laws       ..... 

Totals     .... 


$114,380  00   $117,680  00 


53,.500  00 


7,500  00 


53,500  00 


7,500  00 


$175,380  00   $178,680  00 


0907-01 
0907-02 


0907-03 


Division    of    Livestock    Disease 
Control : 
For  the  salary  of  the  director         .  $4,000  00  $4,000  00 

For  personal  services  of  clerks  and 

stenographers,      including      not 

more   than  eighteen  permanent 

positions  ....  24,600  00  25,000  00 

For  services  other  than  personal, 

including    printing    the    annual 

report,  traveling  expenses  of  the 

director,     office     supplies     and 

equipment,  and  rent  .  .  8,100  00  8,100  00 


406 


Acts,  1943. —  Chap.  370. 


Item 
0907-04 


0907-05 
0907-06 


0307-07 


0907-08 

0908-01 
0908-02 


For  personal  services  of  veteri- 
narians and  agents  engaged  in 
the  work  of  extermination  of 
contagious  diseases  among  do- 
mestic animals,  including  not 
more  than  twelve  full-time  per- 
manent positions  and  not  more 
than  one  hundred  and  twenty- 
five  permanent  intermittent 
positions  .... 

For  traveling  expenses  of  veteri- 
narians and  agents   . 

For  reimbursement  of  owners  of 
horses  killed  during  the  fiscal 
years  nineteen  hundred  and 
forty-four  and  nineteen  hundred 
and  forty-five  and  previous 
years,  travel,  when  allowed,  of 
inspectors  of  animals,  incidental 
expenses  of  killing  and  burial, 
quarantine  and  emergency  serv- 
ices, and  for  laboratory  and 
veterinary  supplies  and  equip- 
ment      ..... 

For  reimbursement  of  owners  of 
tubercular  cattle  killed,  includ- 
ing the  payment  of  two  claims  of 
the  previous  years  amounting 
to  nine  hundred  seventy-nine 
dollars  and  fifty-three  cents,  as 
authorized  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  author- 
ity of  section  thirty-three  of 
said  chapter  one  hundred  and 
twenty-nine  during  the  years 
nineteen  hundred  and  forty-four 
and  nineteen  hundred  and  forty- 
five  and  the  previous  year,  to 
be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose;  and  any  unexpended 
balance  remaining  at  the  end  of 
either  of  the  years  nineteen  hun- 
dred and  forty-four  and  nineteen 
hundred  and  forty-five  may  be 
used  in  the  succeeding  year 

Totals  .... 

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

Division  of  Markets: 

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

For  other  expenses 


Appropriation     Appropriation 

Fiscal  Ye.ar  Fiscal  Year 

1944.  194.5. 


51,360  00    $52,360  00 
8,000  00      8,000  00 


3,560  00 


3,560  GO 


30,000  00 


30,000  00 


$129,620  00   $131,020  00 


$5,200  00 


$23,250  00 
6,700  GO 


$5,200  GO 


$23,550  GO 
6,7GG  GO 


Acts,  1943. —  Chap.  370.  407 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

0908-03  For  the  cost  of  work  of  inspecting 
certain  orchards  within  the  com- 
monwealth to  provide  for  effec- 
tive apple  pest  control       .  .  $1,700  00  $1,700  00 


Totals  ....        $30,650  00  $30,950  00 

Division  of  Plant  Pest  Control 
and  Fairs: 
0909-01     For  personal  services,  including  not 

more  than  four  permanent  posi- 
tions         $11,070  00  $11,070  00 

0909-02     For  travel  and  other  expenses        .  4,900  00  4,900  00 

0909-11     For  work  in  protecting  the  pine 

trees  of  the  commonwealth  from 

white  pine  blister  rust,  and  for 

payments  of  claims  on  account 

of  currant  and  gooseberry  bushes 

destroyed  in  the  work  of  sup- 
pressing white  pine  blister  rust  .  5,000  00  5,000  00 
0909-12     For  quarantine  and  other  expenses 

in  connection  with  the  work  of 

suppression    of    the    European 

corn  borer,  so-called,  to  be  in  ad- 
dition to  any  amount  heretofore 

appropriated  for  the  purpose      .  2,000  00  2,000  00 

0909-13     For  quarantine  and  other  expenses 

in  connection  with  the  work  of 

suppression     of     the     Japanese 

beetle,  so-called        .  .  .  2,750  00  2.750  00 

0909-14     For  personal  services  and  expenses 

in  connection  with  the  work  of 

suppression   of   the    Dutch   elm 

disease,  so-called       .  .  .  4,000  00  4,000  00 

0909-21     For  state  prizes  and   agricultural 

exhibits  including  allotment  of 

funds  for  the  4-H  club  activities, 

to  be  in  addition  to  any  amount 

heretofore  appropriated  for  this 

purpose,    and    any   unexpended 

balance  remaining  at  the  end  of 

either  of  the  years  nineteen  hun- 
dred and  forty-four  and  nineteen 

hundred  and  forty-five  may  be 

used  in  the  succeeding  year        .  11,000  00  11,000  00 


Totals  ....        $40,720  00  $40,720  00 

State  Reclamation  Board: 
0910-01     For  expenses  of  the  board,  includ- 
ing not  more  than  four  perma- 
nent positions  .  .  .  $8,600  00  $8,600  00 


Service  of  the  Department  of  Conservation. 

Administration : 

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

1001-02  For  traveling  expenses  of  the  com- 
missioner ....  400  00  400  00 

1001-03  For  services  other  than  personal, 
including  printing,  suppHes  and 
equipment,  and  rent  .  .  6,500  00  6,500  00 


408 


Acts,  1943.  —  Chap.  370. 


Item 
1001-04 


1002-01 
1002-02 


1002-11 


1002  12 


1002-14 


1002-15 


1002-16 


1002-21 


For  clerical  and  other  assistance 
to  the  commissioner,  including 
not  more  than  twelve  perma- 
nent positions 

Totals  .... 

Division  of  Forestry : 

For  personal  services  of  oflSce  as- 
sistants, including  not  more  than 
four  permanent  positions  . 

For  services  other  than  personal, 
including  printing  the  annual  re- 
port, and  for  traveling  expenses, 
necessary  office  supplies  and 
equipment,  and  rent 

For  aiding  towns  in  the  purchase 
of  equipment  for  extinguishing 
forest  fires  and  for  making  pro- 
tective belts  or  zones  ag  a  de- 
fence against  forest  fires,  for  the 
fiscal  years  nineteen  hundred 
and  forty-four  and  nineteen  hun- 
dred and  forty-five  and  for  pre- 
vious years      .... 

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  supplies  and  equip- 
ment and  materials  used  in  new 
construction  in  the  forest  fire 
prevention  service,  including 
not  more  than  thirteen  perma- 
nent positions 

For  the  expenses  of  forest  fire  pa- 
trol, as  authorized  by  section 
twenty-eight  A  of  chapter  forty- 
eight  of  the  General  Laws 

For  '  reimbursement  to  certain 
towns,  as  authorized  by  section 
twenty-four  of  said  chapter  forty- 
eight        ..... 

For  reimbursement  of  certain 
towns  for  part  of  the  cost  of 
certain  forest  fire  patrol,  as  au- 
thorized by  chapter  six  hundred 
and  eighty-eight  of  the  acts  of 
nineteen  hundred  and  forty-one 

For  the  development  of  state  for- 
ests, including  not  more  than 
twenty  permanent  positions, 
and  including  salaries  and  ex- 
penses 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  au- 
thorized by  sections  one,  six, 
nine  and  thirty  to  thirty-six,  in- 
clusive, of  chapter  one  hundred 
and  thirty-two  of  the  General 


Appropriation     Appropriation 

Fiscal  Year  Fiscal  Year 

1944.  1945. 


$32,548  00    $33,028  00 


$45,448  00    $45,928  00 


3,180  00     $6,240  00 


2,800  00      2,800  00 


1,500  00      1,500  00 


77,600  00 


6,800  00 


200  00 


2,000  00 


77,600  00 


6,800  00 


200  00 


Acts,  1943.  —  Chap.  370. 


409 


Item  * 

Laws,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  this  purpose,  and  any  unex- 
pended balance  remaining  at  the 
end  of  either  of  the  years  nine- 
teen hundred  and  forty-four  and 
nineteen  hundred  and  forty-five 
may  be  used  in  the  succeeding 
year         ..... 

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

Totals  .... 

Special: 
1002-54  For  payment  to  the  federal  gov- 
ernment of  one  half  of  the  pro- 
ceeds of  the  sale  of  certain  forest 
products,  as  provided  by  chap- 
ter ninety-four  of  the  acts  of 
nineteen  hundred  and  forty-one 

Division  of  Fisheries  and  Game: 
The  comptroller  is  authorized  to 
establish  on  the  books  of  the 
commonwealth  an  account  to  re- 
cord the  excess,  if  any,  of  the 
aggregate  amount  of  money  re- 
ceived by  the  division  of  fish- 
eries and  game  and  the  division 
of  wildlife  research  and  manage- 
ment in  the  department  of  con- 
servation, during  the  period  be- 
ginning December  first,  nineteen 
hundred  and  forty-two,  and  end- 
ing June  thirtieth,  nineteen  hun- 
dred and  forty-five,  from  license 
fees,  fines  and  other  sources,  over 
the  aggregate  amount  expended 
by  or  on  account  of  said  divisions 
during  the  same  period.  The 
amount  so  recorded  shall  be 
available  for  appropriation  for 
expenditure  by  or  on  account 
of  the  said  divisions  during  the 
next  fiscal  biennium. 
1004-01  For  the  salary  of  the  director 
1004-02  For  personal  services  of  office  as- 
sistants, including  not  more  than 
ten  permanent  positions  . 
1004-03  For  services  other  than  personal, 
including  printing  the  annual  re- 
port, traveling  expenses  and  nec- 


Appropriation 

Fiscal  Year 

1944. 


Appropriation 

Fiscal  Year 

1945. 


$117,300  00   $118,700  00 


31,000  00 


31,500  00 


$245,380  00   $245,340  00 


$4,137  43 


$5,000  00 


17,700  00 


$5,000  00 
18,000  00 


410 


Acts,  1943.  —  Chap.  370. 


Item 

essary  office  supplies  and  equip- 
ment, and  rent 

Enforcement  of  laws: 

1004-11  For  personal  services  of  conserva- 
tion officers,  including  not  more 
than  thirty-seven  permanent  po- 
sitions    ..... 

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

Biological  work: 

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

1004-22  For  traveling  and  other  expenses 
of  the'  biologist  and  his  assist- 
ants        ..... 

Propagation  of  game  birds,  etc.; 

1004-31  For  personal  services  of  employees 
at  game  farms  and  fish  hatch- 
eries, including  not  more  than 
seventeen  permanent  positions  . 

1004-32  For  other  maintenance  expenses  of 
game  farms  and  fish  hatcheries, 
and  for  the  propagation  of  game 
birds  and  animals  and  food  fish  . 

Damages  by  wild  deer  and  wild 
moose: 
1004-35  For  the  payment  of  damages 
caused  by  wild  deer  and  wild 
moose,  for  the  years  nineteen 
hundred  and  forty-four  and 
nineteen  hundred  and  forty-five 
and  for  previous  years,  as  pro- 
vided by  law    .... 

Supervision  of  public  fishing  and 
hunting  grounds: 
For  personal  services  . 
For  other  expenses 

Specials: 
For  the  piu-chase  of  fish  and  game 
For  the  cost  of  construction  and 
improvement  of  certain  fishways 
For  consultants  and  other  personal 
services,  and  for  expenses,  in 
connection  with  a  biological  sur- 
vey of  the  streams  and  waters  of 
the  commonwealth  to  be  made 
under  the  direction  of  the  com- 
missioner of  conservation  . 

Totals  .... 

Division  of  Wild  Life  Research 
and  Management: 
1004-51     For  personal  services,  including  not 
more  than  three  permanent  po- 
sitions    ..... 


1004-41 
1004r-42 


1004-44 
1004-46 


1004-47 


Appropriation     Appropriation 

Fiscal  Year  Fiscal  Year 

1944.  1945. 


$5,400  00  $5,400  00 

69.660  00  68,640  00 

25,000  00  25,000  00 

2,760  00  2,880  00 

660  00  660  00 

47,000  00  47,720  00 

55,000  00  56,000  00 


4,000  00  4,000  00 

2,280  00  -  2,280  00 

1,000  00  1,000  00 

10,000  00  10.000  00 

1,000  00  1,000  00 


8,000  00      8,000  00 
$254,460  00   $254,580  00 


$1,410  00 


$1,410  00 


Acts,  1943.  —  Chap.  370. 


411 


Item 

1004-52 

1004-53 


1004-70 
1004-71 


1004-72 


1004-81 


1004-82 


1004-83 


1004-84 


1004-85 


For  other  expenses 

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

Totals  .... 

Division  of  Marine  Fisheries: 
For  the  salary  of  the  director 
For  personal  services,  including  not 
more  than  six  permanent  posi- 
tions       ..... 
For  services  other  than  personal, 
traveling     expenses,     necessary 
oflBce   supplies   and   equipment, 
and  rent  .... 

Enforcement  of  shellfish  and 
other  marine  fishery  laws: 

For  personal  ser\aces  for  the  ad- 
ministration and  enforcement  of 
laws  relative  to  shellfish  and 
other  marine  fisheries,  and  for 
regulating  the  sale  and  cold 
storage  of  fresh  food  fish,  mclud- 
ing  not  more  than  sixteen  per- 
manent positions 

For  other  expenses  of  the  adminis- 
tration and  enforcement  of  laws 
relative  to  shellfish  and  other 
marine  fisheries  and  for  regulat- 
ing the  sale  and  cold  st6rage  of 
fresh  food  fish 

For  expenses  of  purchasing  lob- 
sters, subject  to  the  conditions 
imposed  by  section  forty-three 
of  chapter  one  hundred  and 
thirty  of  the  General  Laws ;  pro- 
vided, that  the  price  paid  for 
such  lobsters  shall  not  exceed 
the  prevailing  wholesale  price 
for  such  lobsters  in  the  district 
where  purchased 

For  the  cost  of  assisting  coastal 
cities  and  towns  in  the  propa- 
gation of  shellfish  through  the 
purchase  of  shellfish  seed,  as  au- 
thorized by  section  twenty  of 
chapter  one  hundred  and  thirty 
of  the  General  Laws 

For  reimbursement  to  coastal 
cities  and  towns  of  a  part  of  the 
cost  of  work  done  by  them  in  the 
suppression  of  enemies  of  shell- 
fish,   as   authorized    by   section 


Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

1944.  1945. 

$1,500  00  $1,500  00 


24,000  00     25,000  00 


S26,910  00  $27,910  00 
$5,000  00  $5,000  00 
13,140  00     13,380  00 


6,000  00 


5.900  00 


42.786  00     42,885  00 


11,100  00     10,300  00 


500  00       500  00 


10,000  00     10,000  00 


412  Acts,  1943.  —  Chap.  370. 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 


Item 


twenty  of  chapter  one  hundred 

and  thirty  of  the  General  Laws   .  $5,000  00  $5,000  00 


Totals  ....        $93,526  00  $92,965  00 

Special: 
1004-90  For  services  and  expenses  of  the 
Atlantic  States  Marine  Fisheries 
Commission,  as  authorized  by 
chapter  four  hundred  and 
eighty-nine  of  the  acts  of  nine- 
teen hundred  and  forty-one         .  $3,800  00  $3,800  00 

Bounty  on  seals: 
1004-91     For  bounties  on  seals  .  .  .  $100  00  $100  00 


Service  of  the  £)epartnient  of  Banking  and  Insurance. 

Division  of  Banks: 

1101-01  For  the  salary  of  the  commis- 
sioner ....  $6,000  00  $6,000  00 

1101-02  For  services  of  deputy,  directors, 
examiners  and  assistants,  clerks, 
stenographers  and  experts,  in- 
cluding not  more  than  one  hun- 
dred and  thirty-five  permanent 
positions  ....        340,000  00  342,000  00 

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


Totals  ....      $406,000  00        $408,000  00 

Supervisor  of  Loan  Agencies: 
1 102-01     For  personal  services  of  supervisor 

and     assistants,     including    not 

more     than     seven     permanent 

positions  ....        $13,800  00  $13,920  00 

1 102-02     For  services  other  than  personal, 

printing  the  annual  report,  office 

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


Totals  ....        $15,100  00  $15,220  00 

Division  of  Insurance: 

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

1103-02  For  other  personal  services  of  the 
division,  including  expenses  of 
the  board  of  appeal  and  certain 
other  costs  of  supervising  motor 
vehicle  liability  insurance,  and 
including  not  more  than  one  hun- 
dred and  fifty-nine  permanent 
positions,  partly  chargeable  to 
item  2970-02  ....        268,000  00  273,000  00 

1 103-03  For  other  services,  including  print- 
ing the  annual  report,  traveling 
expenses,  necessary  office  sup- 
plies and  equipment  and  rent  of 
offices 78,000  00  78,000  00 


Totals  .  .  .  .      $352,000  00        $357,000  00 


Acts,  1943.  —  Chap.  370.  413 

Appropriation     Appropriation 
Fiscal  Year         Fiscal  Year 
Item  1944.  1945. 

Board  of  Appeal  on  Fire  Insur- 
ance Rates: 
110-4-01     For  expenses  of  the  board     .  .  $100  00  $100  00 

Division  of  Savings  Bank  Life 
Insurance: 

1 105-01  For  personal  services  of  officers  and 
employees,  including  not  more 
than  twenty-nine  permanent 
positions  ....        $50,845  00  $52,405  00 

1105-02  For  services  other  than  personal, 
printing  the  annual  report,  trav- 
eling expenses,  rent  and  equip- 
ment        16,300  00  16,500  00 


Totals  ....        $67,145  00  $68,905  00 

Service  of  the  Department  of  Corporations  and  Taxation. 

Corporations  and  Tax  Divisions: 

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

1201-02  For  the  salaries  of  certain  positions 
filled  by  the  commissioner,  with 
the  approval  of  the  governor  and 
council,  and  for  additional  cleri- 
cal and  other  assistance,  includ- 
ing not  more  than  one  hundred 
and  twenty-six  permanent  posi- 
tions, partly  chargeable  to  item 
2970-03 ;  and  it  is  hereby  further 
provided  that  the  sum  of  fifty 
thousand  dollars,  which  repre- 
sents the  estimated  annual  cost 
of  collection  of  alcoholic  bever- 
ages taxes,  so-called,  and  which 
is  hereby  included  in  these  ap- 
propriations for  each  of  the  years 
nineteen  himdred  and  forty-four 
and  nineteen  hundred  and  forty- 
five,  shall  be  transferred  to  the 
General  Fund  from  fees  collected 
under  section  twenty-seven  of 
chapter  one  hundred  and  thirty- 
eight  of  the  General  Laws  .        211,820  00  212,280  00 

1201-03  For  other  ser\'ices,  necessary  office 
supplies  and  equipment,  travel, 
and  for  printing  the  annual  re- 
port, other  publications  and 
valuation  books        .  .  .  45,000  00  45,000  00 

1201-04  (This  item  combined  with  item 
1201-03.) 


Totals  ....      $264,320  00        $264,780  00 

Reimbursement  for  loss  of  taxes: 
1201-05  For  reimbursing  cities  and  towTis 
for  loss  of  taxes  on  land  used  for 
state  institutions  and  certain 
other  state  acti\dties,  as  certified 
by  the  commissioner  of  corpora- 
tions and  taxation  for  the  calen- 
dar years  nineteen  hundred  and 
forty-three  and  nineteen  hun- 
dred and  forty-four  .  .      $163,019  32        $165,000  00 


414  Acts,  1943.  —  Chap.  370. 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  194i.  1945. 

Administration  of  cigarette 
taxes: 

1201-11  For  personal  services  for  the  ad- 
ministration of  certain  laws 
levying  the  cigarette  taxes,  so- 
called,  including  not  more  than 
thirty-six  permanent  positions    .        $62,460  00  $64,740  00 

1201-12  For  expenses  other  than  personal 
services  for  the  administration 
of  certain  laws  levying  the  ciga- 
rette taxes,  so-called  .  .  19,400  00  19,400  00 


Totals  ....        $81,860  00  $84,140  00 

Excise  upon  charges  for  meals 
(the  following  two  items  shall 
be  payable  from  amounts  col- 
lected under  chapter  64B  of 
the  General  Laws) : 
1201-21     For  personal  services  of  the  direc- 
tor, assistant  director,  and  other 
necessary  employees  for  the  ad- 
ministration   of    an    excise    on 
meals,  including  not  more  than 

thirty-two  permanent  positions  .        $52,380  00  $54,660  00 

1201-22  For  expenses  other  than  personal 
services  for  the  administration 
of  an  excise  on  meals,  as  pro- 
vided by  chapter  sixty-four  B 
of  the  General  Laws  .  .  13,300  00  13,300  00 


Totals  ....        $65,680  00  $67,960  00 

1201-28     (This  item  omitted.) 

Income  Tax  Division  (the  three  " 

following    appropriations    are 

to  be  made  from  the  receipts 

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

permanent  positions  .  .      $517,820  00        $520,000  00 

1202-02  For  services  other  than  personal, 
and  for  traveling  expenses, 
office   supplies   and   equipment, 

and  rent 175,000  00  175,000  00 

1202-21  For  expenses  in  connection  with 
certain  bonds  filed  in  the  state  of 
Texas,  and  for  legal  fees  in  con- 
nection with  certain  suits  to  re- 
cover judgment  against  Edgar 
B.  Davis  in  relation  to  an  unpaid 
income  tax,  to  be  in  addition  to 
any  amount  heretofore  appro- 
priated for  the  purpose      .  .  35,551  34  25,551  34 

Totals  ....      $728,371  34        $720,551  34 


Acts,  1943.  —  Chap.  370. 


415 


Item 

Division  of  Accounts: 

1203-01  For  personal  services,  including 
not  more  than  one  hundred  and 
ten  permanent  positions  partly 
chargeable  to  item  1203-11 

1203-02     For  other  expenses 

1203-11  For  services  and  expenses  of  audit- 
ing and  installing  systems  of 
municipal  accounts,  the  cost  of 
which  is  to  be  assessed  upon 
the  municipalities  for  which  the 
work  is  done    .... 

1203-12  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 

1203-21  For  the  administrative  expenses  of 
the  county  personnel  board,  in- 
cluding not  more  than  five  per- 
manent positions 

Totals  .... 

Appellate  Tax  Board: 
1204-01  For  personal  services  of  the  mem- 
bers of  the  board  and  employees, 
including  not  more  than  twenty- 
five  permanent  positions  . 
1204-02  For  services  other  than  personal 
traveling  expenses,  ofiice  sup- 
plies and  equipment,  and  rent 

Totals 


Appropriation     Appropriation 

Fiscal  Year  Fiscal  Year 

1944.  1945. 


$105,000  00   $106,000  00 
10,800  00     10,000  00 


226,240  00    230,870  00 


24,000  00     24,000  00 


7,900  00      7.720  00 


$373,940  00        $378,590  00 


$86,540  00  $86,900  00 


24,500  00  24,500  00 


111,040  00        $111,400  00 


Service  of  the  Department  of  Education. 

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

1301-02     For  personal   services   of   officers, 

agents,  clerks,  stenographers  and 

other   assistants,   including   not 

more  than  forty-nine  permanent 

positions,     but     not     including 

those    employed    in    university 

extension  work         .  .  .        131,000  00  132,000  00 

1301-03  For  traveling  expenses  of  mem- 
bers of  the  advisory  board  and 

of  agents  and  employees  when 

required  to  travel  in  discharge 

of  their  duties  .  .  .  4,000  00  4.000  00 

1301-04     For  services  other  than  personal, 

necessary  office  supplies,  and  for 

printing  the  annual  report  and 

bulletins  as  provided  by  law      .  11,400  00  11,400  00 

1301-05  For  expenses  incidental  to  furnish- 
ing school  committees  with  rules 

for  testing  the  sight  and  hear- 
ing of  pupils  ....  200  GO  200  00 
1301-06     For  printing  school  registers  and 

other    school    blanks    for    cities 

and  towns        ....  2,000  00  2.000  00 

1301-07     For  expenses  of  holding  teachers' 

institutes  ....  1,000  00  1,000  00 


416  Acts,  1943.  —  Chap.  370. 

Appropriation     Appropriation 
Fiscal  Year         Fiscal  Year 
Item  1944.  1945. 

1301-08  For  aid  to  certain  pupils  in  state 
teachers'  colleges,  under  the  di- 
rection of  the  department  of  edu- 
cation       $5,000  00  $5,000  00 

1301-09  For  assistance  to  children  of  cer- 
tain war  veterans,  for  the  years 
nineteen  hundred  and  forty-four 
and  nineteen  hundred  and  forty- 
five  and  for  previous  years,  as 
authorized  by  chapter  two  hun- 
dred and  sixty-three  of  the  acts 
of  nineteen  hundred  and  tliirty, 
as  amended      ....  10,000  00  10,000  00 

1301-10  For  the  maintenance  and  operation 
of  the  state  building  on  Newbury 
Street,  Boston,  including  not 
more  than  four  permanent  posi- 
tions         17,000  00  17,180  00 


Totals  ....     $190,600  00       $191,780  00 

Specials: 

1301-11     (This  item  omitted.)! 

1301-12  For  the  cost  of  interior  painting 
and  refinishing  at  the  state 
building  on  Newbury  Street, 
Boston,  and  the  amount  appro- 
priated for  the  year  nineteen 
hundred  and  forty-five  is  in  ad- 
dition to  the  amount  appropri- 
ated for  the  year  nineteen  hun- 
dred and  forty-four  for  the  same 
purpose  ....  $1,000  00  $1,000  00 

1301-13  For  certain  repairs  to  the  roof  of 
the  state  building  on  Newbury 
Street,  Boston,  and  the  amount 
appropriated  for  the  year  nine- 
teen hundred  and  forty-five  is  in 
addition  to  the  amount  appro- 
priated for  the  year  nineteen 
hundred  and  forty-four  for  the 
same  purpose  ....  1,000  00  1,000  00 

1301-26  For  the  cost  of  preparation,  print- 
ing and  distribution  of  courses 
of  study  for  elementary  grades 
in  certain  subjects,  including 
science 4,500  00 


Totals  ....         $6,500  00  $2,000  00 

Division  of  Vocational  Educa- 
tion: 

1 301-30  For  aid  to  certain  persons  receiving 
instruction  in  the  courses  for 
vocational  rehabilitation,  as  au- 
thorized by  section  twenty-two 
B  of  chapter  seventy-four  of  the 
General  Laws  .  .  .  $2,500  00  $2,500  00 

1301-31  For  the  training  of  teachers  for 
vocational  schools,  to  comply 
with  the  requirement  of  fed- 
eral authorities  under  the  pro- 
visions of  the  Smith-Hughes  act. 


Acts,  1943.  —  Chap.  370.  417 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

so  called,  including  not  more 
than  twenty  permanent  posi- 
tions         $29,775  00  $30,470  00 

1301-32  For  the  expenses  of  promotion  of 
vocational  rehabilitation  in  co- 
operation with  the  federal  gov- 
ernment, including  not  more 
than  sixteen  permanent  posi- 
tions         41,000  00  41.000  00 


Totals  ....       $73,276  00         $73,970  00 

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         .  .  .  .      $425,000  00        $425,000  00 

Reimbursement  and  aid: 

1301-51  For  assisting  small  towTis  in  pro- 
viding themselves  with  school 
superintendents,  as  provided  by 
law $96,500  00  $96,500  00 

1301-52  For  the  reimbursement  of  certain 
towns  for  the  payment  of  tuition 
of  pupils  attending  high  schools 
outside  the  towns  in  which  they 
reside,  as  provided  by  law  .        195,000  00  195.000  00 

1301-53  For  the  reimbursement  of  certain 
towns  for  the  transportation  of 
pupils  attending  high  schools 
outside  the  towns  in  which  they 
reside,  as  provided  by  law  .        210,000  00  210,000  00 

1301-54  For  the  reimbursement  of  certain 
cities  and  towns  for  a  part  of  the 
expenses  of  maintaining  agricul- 
tural and  industrial  vocational 
schools,  as  provided  by  law; 
provided,  that  a  sum  not  exceed- 
ing fifty-six  hundred  seventeen 
dollars  and  thirty-nine  cents 
may  be  paid  in  the  year  nineteen 
hundred  and  forty-four  to  the 
city  of  Revere  as  reimburse- 
ment on  account  of  expenses  of 
said  city  prior  to  the  year  nine- 
teen hundred  and  forty-two        .     1,829,293  90       1,900,000  00 

1301-55  For  reimbursement  of  certain  cities 
and  towns  for  adult  English- 
speaking  classes        .         .  .         78,000  00  78,000  00 


Totals  ....  $2,408,793  90     $2,479,500  00 

University  Extension  Courses: 

1301-61  For  personal  services,  including  not 
more  than  forty-three  perma- 
nent positions  .  .  .      $150,640  00        $151,960  00 

1301-62     For  other  expenses        .  .  .  28,500  00  28,500  00 


Totals  ....      $179,140  00        $180,460  00 


418 


Acts,  1943.  —  Chap.  370. 


Item 

1301-64 

1301-65 

1302-01 
1302-02 

1303-01 
1303-02 


1304-01 


1304-03 
1304-04 


1304-05 
1304-06 


1304-07 
1304-08 


1304-10 


1304-11 


English-speaking  Classes  for 
Adults: 

For  personal  services  of  adminis- 
tration, including  not  more  than 
four  permanent  positions  . 

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

Totals  .... 

Division  of  Immigration  and 
Americanization : 

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

For  other  expenses 

Totals  .... 

Division  of  Public  Libraries; 

For  personal  services  of  regular 
agents  and  other  assistants,  in- 
cluding not  more  than  eight  per- 
manent positions 

For  other  services,  including  print- 
ing the  annual  report,  traveling 
expenses,  necessary  office  sup- 
plies and  expenses  incidental  to 
the  aiding  of  public  libraries 

Totals  .... 

Division  of  the  Blind: 

For  general  administration,  fur- 
nishing information,  industrial 
and  educational  aid,  and  for  car- 
rying out  certain  provisions  of 
the  laws  establishing  said  divi- 
sion, including  not  more  than 
twenty-two  permanent  positions 

(See  items  1304-11  and  1304^12.) 

(See  items  1304-13,  1304-14,  and 
1304-15.) 

(See  items  1304^16  and  1304-17.) 

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

(See  item  1304-27.) 

For  aiding  the  adult  bUnd,  subject 
to  the  conditions  provided  by  law 

For  expenses  of  administering  and 
operating  the  services  of  piano 
tuning  and  mattress  renovating 
under  section  twenty-five  of 
chapter  sixty-nine  of  the  Gen- 
eral Laws         ... 

For  personal  services  and  other  ex- 
penses in  connection  with  the 
operation  of  local  shops,  includ- 
ing not  more  than  nine  perma- 
nent positions,  but  excluding  the 
purchase  of  merchandise  and 
payments  to  blind  employees 


Appropriation     Appropriation 

Fiscal  Ye^r         Fiscal  Year 

1944.  1945. 


$11,700  00    $11,760  00 
2,000  00      2,000  00 


$13,700  00    $13,760  00 


J6,780  00    $37,140  00 
7,500  00      7.500  00 


$44,280  00    $44,640  00 


$17,240  00    $17,720  00 


11,000  00     11,000  00 


5,240  00    $28,720  00 


$50,500  00    $51,500  00 


19,500  00  19,500  00 

200,000  00  200,000  00 

20,000  00  20,000  00 

18,500  00  18,500  00 


Acts,  1943.  — Chap.  370. 


419 


Item 
1304-12 


1304-13 


1304-14 


1304-15 


1304-16 


1304-17 


1304-27 


1305-01 


1305-02 


1305-03 


1305-05 


For  the  purchase  of  merchandise 
and  payments  to  Hind  employ- 
ees in  connection  with  the  oper- 
ation of  local  shops  . 

For  personal  services  and  other  ex- 
penses in  connection  with  the 
operation  of  the  Woolson  House 
industries,  including  not  more 
than  two  permanent  positions, 
but  excluding  the  purchase  of 
merchandise  and  payments  to 
blind  persons  .... 

For  the  purchase  of  merchandise 
and  payments  to  blind  employ- 
ees in  connection  with  the  Wool- 
son  House  industries 

For  the  operation  of  the  salesroom 
and  other  expenses  in  connection 
with  the  sale  of  materials  made 
by  blind  persons,  including  not 
more  than  two  permanent  posi- 
tions       ..... 

For  personal  services  and  other  ex- 
penses in  connection  with  the 
operation  of  certain  industries 
for  men,  including  not  more  than 
five  permanent  positions,  but  ex- 
cluding the  purchase  of  mer- 
chandise and  payments  to  blind 
persons  ..... 

For  the  purchase  of  merchandise 
and  payments  to  blind  employ- 
ees in  connection  with  certain 
industries  for  men     . 

Reimbursement: 
For   expenses   of   providing   sight- 
saving  classes,  with  the  approval 
of  said  division  .    "      . 

Totals  .... 

Teachers'  Retirement  Board: 

For  personal  services  of  employ- 
ees, including  not  more  than  nine 
permanent  positions 

For  services  other  than  personal, 
including  printing  tlie  annual  re- 
port, traveling  expenses,  office 
supplies  and  equipment,  and 
rent         ..... 

For  payment  of  pensions  to  retired 
teachers  .... 

For  the  reimbursement  by  the  state 
treasurer  of  the  surplus  interest 
account  of  the  teachers'  retire- 
ment fund  in  each  of  the  years 
•  nineteen  himdred  and  forty-four 
and  nineteen  hundred  and  forty- 
five,  the  sum  of  one  hundred 
thousand  dollars  on  account  of 
deficits  in  the  annuity  fund  paid 
from  surplus  interest  during  the 
calendar  years  nineteen  hundred 


Appropriation     Appropriation 

Fiscal  Year         Fiscal  Year 

1944.  1945. 


$52,500  00    $52,500  00 


8,000  00      8,000  00 


43,000  00     43,000  00 


20,000  00     20,000  00 


20,000  00     20,000  00 


143,000  00    143,000  00 


21,000  00     21,000  00 


$15,900  00 


6,000  00 


$616,000  00   $617,000  00 


$16,100  00 


5,400  00 


1,840,000  00   1,930,000  00 


420  Acts,  1943.  —  Chap.  370. 


Item 


Appropriation      Appropriation 

Fiscal  Year  Fiscal  Year 

1944.  1945. 


and  forty,  nineteen  hundred  and 
forty-one  and  nineteen  hundred 
and  forty-two,  and  the  teachers' 
retirement  board  is  hereby  au- 
thorized and  directed  to  transfer 
from  any  surplus  interest  ac- 
count to  the  annuity  reserve  fund 
an  amount  necessary  to  meet 
any  deficiencies  in  the  annuity 
reserve  fund  during  the  calen- 
dar years  nineteen  hundred  and 
forty-three  and  nineteen  hundred 
and  forty-four,  notwithstanding 
the  provisions  of  paragraph  two 
of  section  nine  of  chapter  thirty- 
two  of  the  General  Laws  .  $100,000  00  $100,000  00 
1305-06  For  the  payment  of  retirement  as- 
sessments of  teachers  formerly 
in  military  or  naval  service,  as 
authorized  by  section  nine  of 
chapter  seven  hundred  and  eight 
of  the  acts  of  nineteen  hundred 
and  forty-one  ....  59  83  100  00 

Reimbursement : 
1305-04     For  reimbursement  of  certain  cities 
and  towns  for  pensions  to  retired 
teachers  ....        381,049  83  400,000  00 

Totals  .  .  .  .  $2,343,009  66     $2,451,600  00 

Massachusetts  Maritime  Acad- 
emy: 

1306-01  For  personal  services  of  the  secre- 
tary and  office  assistants,  includ- 
ing not  more  than  three  perma- 
nent  positions  -  .  .  $5,640  00  $6,000  00 

1306-02  For  services  other  than  regular 
clerical  services,  including  print- 
ing the  annual  report,  rent,  office 
supplies  and  equipment    .  .  2,400  00  2.400  00 

1306-10  For  the  maintenance  of  the  acad- 
emy and  ship,  including  not  more 
than  thirty-two  permanent  posi- 
tions       .  .  .  •  •  94,820  00  99,520  00 

Totals  ....      $102,860  00        $107,920  00 

For  the  maintenance  of  and  for 
'  certain  improvements  at  the 

following  state  teachers'  col- 
leges, and  the  boarding  halls 
attached  thereto,  with  the  ap- 
proval of  the  commissioner  of 
education;  provided,  that,  if 
in  the  opinion  of  said  commis- 
sioner, the  continued  oper- 
ation of  any  state  teachers' 
college  is  impractical  because 
of  a  decline  in  enrollment  or 
other  condition  arising  from 
the  present  war  emergency, 
said  commissioner,  with  the 
approval  of  the  governor,  may 


Acts,  1943.  —  Chap.  370. 


421 


Item 

temporarily  suspend  operation 
of  said  college  and  make  satis- 
factory provision  elsewhere 
for  the  pupils  of  said  college: 

1307-00  State  teachers'  college  at  Bridge- 
water,  including  not  more  than 
fifty-nine  permanent  positions   . 

1307-21  State  teachers'  college  at  Bridge- 
water,  boarding  hall,  including 
not  more  than  twenty-nine  per- 
manent positions 

1308-00  State  teachers'  college  at  Fitch- 
burg,  including  not  more  than 
fifty-seven  permanent  positions 

1308-21  State  teachers'  college  at  Fitch- 
burg,  boarding  hal),  including 
not  more  than  nine  permanent 
positions  .... 

1308-32  For  renovation  of  electric  wiring  in 
Palmer  Hall  at  the  state  teach- 
ers' college  at  Fitchburg  . 

1308-33  For  the  cost  of  painting  at  the  state 
teachers'  college  at  Fitchburg    . 

1309-00  State  teachers'  college  at  Fram- 
ingham,  including  not  more  than 
sixty-one  permanent  positions  . 

1309-21  State  teachers'  college  at  Fram- 
ingham,  boarding  hall,  including 
not  more  than  twenty-five  per- 
manent positions 

1309-31  For  the  cost  of  replacing  certain 
floors  in  Horace  Mann  Hall  at 
the  state  teachers'  college  at 
Framingham    .... 

1309-32  (This  item  included  under  item 
1309-00,  Repairs  and  Renewals.) 

1310-00  State  teachers'  college  at  Hyannis, 
including  not  more  than  twenty- 
nine  permanent  positions 

1310-21  State  teachers'  college  at  Hyannis, 
boarding  hall,  including  not  more 
than  three  permanent  positions  . 

1310-35  For  the  cost  of  relming  certain 
boilers  at  the  state  teachers'  col- 
lege at  Hyannis 

1311-00  State  teachers'  college  at  Lowell, 
including  not  more  than  thirty- 
eight  permanent  positions 

1312-00  State  teachers'  college  at  North 
Adams,  including  not  more  than 
twenty-eight  permanent  posi- 
tions       ..... 

1312-21  State  teachers'  college  at  North 
Adams,  boarding  hall,  including 
not  more  than  four  permanent 
positions  .... 

1313-00  State  teachers'  college  at  Salem, 
including  not  more  than  fifty- 
one  permanent  positions    . 

1313-31  For  the  cost  of  replacing  two  flag- 
poles at  the  state  teachers' 
college  at  Salem 


Appropriation     Appropriation 

Fiscal  Year  Fiscal  Year 

1944.  1945. 


$152,190  00  $152,350  00 

55,200  00  55,200  00 

177,980  00  178,670  00 

37,200  00  37,200  00 

3,500  00 
5,000  00 

164,964  00  163,374  00 

53,700  00  54,100  00 
750  00 

64,138  00  65,328  00 

10,000  00  10,000  00 
2,500  00 

79,018  00  77,650  00 

65,965  00  66,235  00 

10,000  00  10,120  00 

126,800  00  126,920  00 
880  00 


422 


Acts,  1943.  —  Chap.  370. 


Item 
1313-32 


1314-00 


1314-21 


1314-32 


1315-00 


1315-31 


Totals 


Appropriation     Appropriation 

Fiscal  Year         Fiscal  Year 

1944.  1945. 


(This  item  included  under  item 
1313-00,  Repairs  and  Renewals.) 

State  teachers'  college  at  West- 
field,  including  not  more  than 
thirty-four  permanent  positions 

State  teachers'  college  at  West- 
field,  boarding  hall,  including 
not  more  than  one  permanent 
position  ..... 

State  teachers'  college  at  West- 
field,  personal  services  and  ex- 
penses of  boarding  hall  for  army 
signal  corps  trainees,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  pur- 
pose        ..... 

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

For  the  cost  of  certain  exterior 
painting  at  the  state  teachers' 
college  at  Worcester 
1321-00  Massachusetts  School  of  Art,  in- 
cluding not  more  than  thirty- 
one  permanent  positions    . 


$64,525  00 


1,650  00 


$64,945  00 


1,650  00 


74,090  00  76,310  00 


90.810  00  92,050  00 


500  00 


78,950  00  79,340  00 


.  $1,320,310  00    $1,310,442  00 


Textile  Schools: 

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

1332-00  For  the  maintenance  of  the  Lowell 
textile  institute,  with  the  ap- 
proval of  the  commissioner  of 
education  and  the  trustees,  in- 
cluding not  more  than  sixty-one 
permanent  positions,  and  includ- 
ing the  sum  of  ten  thousand 
dollars  which  is  to  be  assessed 
upon  the  city  of  Lowell  as  a  part 
of  the  state  tax  for  each  of  the 
calendar  years  nineteen  hundred 
and  forty-three  and  nineteen 
hundred  and  forty-four 

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


$65,700  00 


$66,200  00 


179,965  00 


180,465  00 


Acts,  1943.  —  Chap.  370.  423 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  19-15. 

eluding  the  sum  of  ten  thousand 
dollars  which  is  to  be  assessed 
upon  the  city  of  New  Bedford 
as  a  part  of  the  state  tax  for  each 
of  the  calendar  years  nineteen 
hundred  and  forty-three  and 
nineteen  huridred  and  forty-four        $65,375  00  $64,975  00 


Totals  ....      $311,040  00        $311,640  00 

Massachusetts  State  College: 

1341-00  For  maintenance  and  current  ex- 
penses of  the  Massachusetts 
state  college,  with  the  approval 
of  the  trustees,  including  not 
more  than  four  hundred  and 
eighty-one  permanent  positions  .  $1,165,871  00     $1,161,891  00 

1341-01  For  personal  services  and  expenses 
of  the  summer  session,  and  the 
amount  hereby  appropriated  for 
the  year  nineteen  hundred  and 
forty-four  is  in  addition  to  sums 
heretofore  made  available  for 
this  purpose     ....  7,067  00  12,950  00 

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

1341-78  For  other  expenses  of  the  mainte- 
nance of  the  boarding  hall  .  75,000  00  75,000  00 

1341-82     For  aid  to  certain  students,  with 

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

1341-83  For  the  cost  of  field  and  laboratory 
work  in  connection  with  the 
Dutch  elm  disease  and  other 
shade  tree  diseases  and  insects    .  5,000  0  5,000  00 

1341-91  For  repointing  and  repairing  the 
exterior  walls  of  South  College 
administration  building     .  .  5,000  00  — 

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

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

1341-98     For  certain  repairs  to  the  power 

plant 2,000  00 


Totals  ....  $1,336,938  00     $1,331,841  00 


Service  of  the  Department  of  Civil  Service  and  Registration. 

Division  of  Civil  Service: 

1402-01  For  the  salary  of  the  director  and 
for  the  compensation  of  mem- 
bers of  the  commission      .  .        $12,500  00  $12,500  00 

1402-02  For  other  personal  services  of  the 
division,  including  not  more 
than  one  hundred  and  ten  per- 
manent positions      .  .  .        173,660  GO  173,880  GO 


424 


Acts,  1943.  —  Chap.  370. 


Item 
1402-03 


1403-01 
1403-02 


1403-03 


1404-01 


1404-03 


1405-01 


1405-02 
1405-03 


1406-01 


1406-02 


1407-01 


1407-02 


1407-03 


For  other  services  and  for  printing 
the  annual  report,  and  for  office 
supplies  and  equipment  neces- 
sary for  the  administration  of 
the  civil  service  law 

Totals  .... 

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


Appropriation 

Fiscal  Year 

1944. 


$37,100  00 
$223,260  00 


$2,400  00 


69,560  00 


18,000  00 


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


,800  00 
700  00 


100  00 


Board  of  Registration  in  Phar- 
macy: 

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

For  personal  services  of  agents  and 
investigators,  including  not  more 
than  four  permanent  positions  . 

For  traveling  expenses 

Totals  .... 


$4,300  00 


8,760  00 
3,500  00 


Appropriation 

Fiscal  Year 

1945. 


$34,800  00 
$221,180  00 

$2,400  00 
70,560  00 

18,200  00 


Totals           .... 

$89,960  00 

$91,160  00 

Board  of  Registration  in  Medi- 

cme: 

For  personal  services  of  the  mem- 

bers of  the  board,  including  not 

more    than     seven     permanent 

positions           .... 

$6,.300  00 

$6,300  00 

For  traveling  expenses 

500  00 

500  00 

Totals           .... 

$6,800  00 

$6,800  00 

$3,800  00 
700  00 


100  00 


Totals           .... 

$4,600  00 

$4,600  00 

Board  of  Registration  in  Chirop- 

ody: 

For  personal  services  of  members 

of  the  board,  including  not  more 

than  five  permanent  positions    . 

$900  00 

$900  00 

For  traveling  expenses 

300  00 

300  00 

Totals           .... 

$1,200  00 

$1,200  00 

$4,300  00 


9,120  00 
3,500  00 


$16,560  00    $16,920  00 


Acts,  1943.  —  Chap.  370.  425 

Appropriation     Appropriation 
Fiscal  Year         P'lscal  Year 
Item  1944.  1945. 

Board  of  Registration  of  Nurses: 

1408-01  For  personal  services  of  the  mem- 
bers of  the  board,  and  of  the  ap- 
pointive members  of  the  approv- 
ing authority,  including  not 
more  than  ten  permanent  posi- 
tions         $3,570  00  $3,570  00 

1408-02     For  traveling  expenses  .  .  700  00  700  00 


Totals  ....  $4,270  00  $4,270  00 

Board   of  Registration  in   Em- 
balming and  Funeral  Direct- 
ing: 
1409-01     For  personal  services  of  members 

of  the  board,  including  not  more 

than  tliree  permanent  positions  .  $1,500  00  $1,500  00 

1409-02     For  traveling  expenses  .  .  2,000  00  2,000  00 

1409-03     For    the    dissemination    of   useful 

knowledge  among  and  for  the 

benefit  of  licensed  embalmers     .  100  00  100  00 


Totals  ....  $3,600  00  $3,600  00 

Board    of    Registration    in    Op- 
tometry : 
1410  01     For  personal  services  of  members 

of  the  board,  including  not  more 

than  five  permanent  positions    .  $1,900  00  $1,900  00 

1410-02     For  traveling  expenses  .  .  400  00  400  00 


Totals  .  .  .  .  $2,300  00  $2,300  00 

Board  of  Registration  in  Veter- 
inary Medicine: 

1411-01  For  personal  services  of  members 
of  the  board,  including  not  more 
than  five  permanent  positions    .  $600  00  $600  00 

1411-02  For  other  services,  printing  the  an- 
nual report,  traveling  expenses, 
office  supplies  and  equipment    .  275  00  275  00 


Totals  ....  $875  00  $875  00 

Board  of  Registration  of  Profes- 
sional Engineers  and  of  Land 
Surveyors: 
1412-01     For  personal  services  and  other  ex- 
penses, including  travel     .  .  $2,100  00  $2,100  00 

Board  of  Registration  of  Archi- 
tects: 
1413-01     For  personal  servnces  of  members 

of  the  board,  including  not  more 

than  five  permanent  positions    .  $2,500  00  $2,500  00 

1413-02     For    travel    and    other    necessary 

expenses  ....  900  00  900  00 


Totals  ....  $3,400  00  $3,400  00 

Board  of  Registration  of  Public 
Accountants: 
1414-01     For  personal  services  of  members 
of  the  board,  including  not  more 
than  five  permanent  positions    .  $675  00  $675  00 


426 


Acts,  1943.  —  Chap.  370. 


Item 
1414-02 


Appropriation     Appropriation 

Fiscal  Year         Fiscal  Year 

1944.  1945. 


1416-01 


1416-02 


1417-01 


1417-02 


1420-01 


1420-02 


1421-01 


1421-02 


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

Totals  .... 

State  Examiners  of  Electricians: 

For  personal  services  of  members 

of  the  board,  including  not  more 

than  two  permanent  positions    . 

For  traveling  expenses 

Totals  .... 

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

Totals  .... 

Board  of  Registration  of  Barbers: 
For  personal  services  of  members 
of  the  board  and  assistants,  in- 
cluding not  more  than  eight 
permanent  positions. 
For  travel  and  other  necessary  ex- 
penses, including  rent 

Totals  .... 

Board  of  Registration  of  Hair- 
dressers : 

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

For  travel  and  other  necessary  ex- 
penses, including  rent 

Totals  .... 


$2,000  00 


$2,675  00 


$1,000  00 
4,000  00 

$5,000  00 


$1,100  00 
1,500  00 

$2,600  00 


$16,700  00 

6,000  00 

$22,700  00 


$29,715  00 

9,500  00 

$39,215  00 


$2,000  00 
$2,675  00 


$1,000  00 
4,000  00 

$5,000  00 


$1,100  00 
1,500  00 

$2,600  00 


$16,700  00 

6,000  00 

$22,700  00 


$30,075  00 

9,500  00 

$39,575  00 


Service  of  the  Department  of  Industrial  Accidents. 

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

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

1501-03     For  traveling  expenses 

1501-04  For  other  serv-ices,  printing  the  an- 
nual report,  necessary  office  sup- 
plies and  equipment 

1501-05  For  expenses  of  impartial  examina- 
tions, and  for  expenses  of  indus- 
trial disease  referees,  as  author- 
ized by  section  nine  B  of  chapter 
one  hundred  and  fifty-two  of  the 
General  Laws  .  .  .  25,000  00 


$42,500  00 


158,000  00 
6,300  00 


14,100  00 


$42,500  00 


160,000  00 
6,300  00 


14,100  00 


25,000  00 


Totals 


$245,900  00   $247,900  00 


Acts,  1943.  —  Chap.  370.  427 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

Service  of  the  Department  of  Labor  and  Industries. 

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

1601-02  For  clerical  and  other  assistance  to 
the  commissioner,  including  not 
more  than  five  permanent  posi- 
tions        6,360  00  6,480  00 

1601-11  For  personal  services  for  the  in- 
spectional  service,  including  not 
more  than  sixty -nine  permanent 
positions,  and  for  traveling  ex- 
penses of  the  commissioner,  as- 
sistant commissioner,  associate 
commissioners  and  inspectors  of 
labor,  and  for  services  other  than 
personal,  printing  the  annual  re- 
port, rent  of  district  offices,  and 
office  supplies  and  equipment 
for  the  inspectional  service         .        175,000  00  176,000  00 

1601-31  For  personal  services  for  the  di- 
vision of  occupational  hygiene, 
including  not  more  than  six  per- 
manent positions      .  .  .  14,040  00  14,520  00 

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

1601-41  For  personal  ser\aces  for  the  statis- 
tical service,  including  not  more 
than  thirty-five  permanent  posi- 
tions, and  for  services  other  than 
personal,  printing  report  and 
publications,  traveling  expenses 
and  office  supplies  and  equip- 
ment for  the  statistical  service  .  71,300  00  72,000  GO 

1601-51  For  personal  services  for  the  divi- 
sion on  necessaries  of  life,  includ- 
ing not  more  than  five  perma- 
nent positions  .  .  10,620  00  10,620  00 

1601-62  For  services  other  than  personal, 
traveling  expenses,  office  sup- 
plies and  equipment  for  the  divi- 
sion on  necessaries  of  life  .  .  1,200  00  1,200  00 

1601-53  For  personal  services  in  administer- 
ing sections  two  hundred  and 
ninety-five  A  to  two  hundred 
and  ninety-five  O,  inclusive,  of 
chapter  ninety-foxir  of  the  Gen- 
eral Laws,  relating  to  the  adver- 
tising and  sale  of  motor  fuel  at 
retail,  including  not  more  than 
twelve  permanent  positions        .  23,160  00  24,300  00 

1601-54  For  other  expenses  in  administer- 
ing said  sections  two  hundred 

and  ninety-five  A  to  two  hun-  , 

dred  and  ninety-five  O,  inclusive  7,500  00  7,500  00 

1601-61  For  clerical  and  other  assistance 
for  the  board  of  conciliation  and 


428 


Acts,  1943.  —  Chap.  370. 


Item 
1601-62 

1601-71 

1601-72 

1601-73 
1601-81 

1601-82 


1603-01 


1603-02 


1604-01 


1604-02 


1605-01 


arbitration,  including  not  more 
than  seven  permanent  positions 

For  other  services,  printing,  travel- 
ing expenses  and  office  supplies 
and  equipment  for  the  board  of 
conciliation  and  arbitration 

For  personal  services  of  investiga- 
tors, clerks  and  stenographers 
for  the  minimum  wage  service, 
including  not  more  than  nine- 
teen permanent  positions 

For  services  other  than  personal, 
printing,  traveling  expenses  and 
office  supplies  and  equipment  for 
minimum  wage  service 

For  compensation  and  expenses  of 
wage  boards     .... 

For  personal  services  for  the  divi- 
sion of  standards,  including  not 
more  than  seventeen  permanent 
positions  .... 

For  other  services,  printing,  travel- 
ing expenses  and  office  supplies 
and  equipment  for  the  division  of 
standards         .... 

Totals  .... 

Massachusetts  Development  and 
Industrial  Commission: 

For  personal  services  of  employees, 
including  not  more  than  five  per- 
manent positions 

For  administrative  expenses,  in- 
cluding office  rent  and  other  in- 
cidental expenses,  and  for  the 
promotion  and  development  of 
the  industrial,  agricultural  and 
recreational  resources  of  the 
commonwealth 

Totals  .... 

Labor  Relations  Commission: 
For  personal  services  of  the  com- 
missioners and  employees,  in- 
cluding not  more  than  twenty 
permanent  positions 
For  administrative  expenses,  in- 
cluding office  rent     . 

Totals  .... 

Division  of  Apprentice  Training: 
For  personal  services  of  the  mem- 
bers of  the  apprenticeship  coun- 
cil and  clerical  and  other  assist- 
ants, as  authorized  by  sections 
eleven  E  to  eleven  L,  inclusive, 
of  chapter  twenty-three  of  the 
General  Laws,  including  not 
more  than  eight  permanent  posi- 
tions       .  .  .  .  • 


Appropriation     Appropriation 

Fiscal  Year         Fiscal  Year 

1944.  1945. 


$27,180  00  $27,180  00 

4,500  00  4,500  GO 

32,520  00  33.720  00 

3,250  00  3,250  00 

1,750  00  1,750  00 

33,000  00  33,540  00 

9,500  00  9.500  00 


$449,380  00   $454,560  00 


$13,520  00    $13,760  00 


18,900  00     18,800  00 


$32,420  00    $32,560  00 


54,350  00    $55,070  00 
7,220  00      7,220  00 


$61,570  00    $62,290  00 


$2,820  00     $2,940  00 


Acts,  1943. —  Chap.  370.  429 

Appropriation     Approprintion 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

1605-02  For  other  expenses,  including 
travel,  as  authorized  by  sections 
eleven  E  to  eleven  L,  inclusive, 
of  chapter  twenty-three  of  the 
General  Laws  .  .  .  $1,150  00  $1,050  00 


Totals  ....  $3,970  00  $3,990  00 

Service  of  the  Department  of  Mental  Health. 

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

1701-02  For  personal  services  of  officers 
and  employees,  including  not 
more  than  eighty-two  perma- 
nent positions  . ,         .  .        158,000  00  160,000  00 

1701-03  For  transportation  and  medical 
examination  of  state  charges 
under  its  charge  for  the  years 
nineteen  hundred  and  forty-four 
and  nineteen  hundred  and  forty- 
five  and  for  previous  years  .  3,500  00  3,500  00 

1701-04  For  other  services,  including  print- 
ing the  annual  report,  traveling 
expenses,  office  supplies  and 
equipment,  and  rent  .  .  38,000  00  38,000  00 

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


Totals  ....      $235,500  00        $237,500  00 

Division  of  Mental  Hygiene: 
1702-00  For  expenses,  including  not  more 
than  fifty-seven  permanent  posi- 
tions, of  investigating  the  na- 
ture, causes  and  results  of  mental 
diseases  and  defects  and  the  pub- 
lication of  the  results  thereof, 
and  of  what  further  preventive 
or  other  measures  might  be 
taken  and  what  further  expendi- 
tures for  investigation  might  be 
made  which  would  give  promise 
of  decreasing  the  number  of  per- 
sons afflicted  with  mental  dis- 
eases or  defects         .  .  .      $117,560  00        $119,780  00 

Special: 
1702-21     For  the  cost  of  boarding  certain 
feeble-minded  persons  in  private 
homes $5,000  00  $5,000  00 

For  the  maintenance  of  and  for 
certain  improvements  at  the 
following  institutions  under 
the  control  of  the  Department 
of  Mental  Health;  provided, 
that  from  the  amounts  herein 
appropriated  for  the  year 
nineteen  hundred  and  forty- 
four  sums  not  exceeding  three 
thousand  one  hundred  and 
four  dollars  shall  be  paid  to 
certain  employees  as  compen- 
sation   in    lieu    of    vacations  , 


430 


Acts,  1943.  —  Chap.  370. 


Item 

which  they  did  not  receive  in 
the  year  nineteen  hundred  and 
forty-two : 

1710-00  Boston  psychopathic  hospital,  in- 
cluding not  more  than  one  hun- 
dred and  fifty-six  permanent 
positions  .... 

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

1711-26  For  the  cost  of  painting  a  certain 
iron  fence  at  the  Boston  state 
hospital  ..... 

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

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

1713-25  For  the  cost  of  completing  the  in- 
stallation of  a  certain  hydro- 
therapeutic  suite  in  E  building 
at  the  Foxborough  state  hospital 

1714-00  Gardner  state  hospital,  including 
not  more  than  three  hundred 
and  thirty-seven  permanent  po- 
sitions    ..... 

1715-00  Grafton  state  hospital,  including 
not  more  than  four  hundred  and 
sixty-four  permanent  positions 

1715-24  For  the  cost  of  replacing  certain 
wooden  floors  in  the  Pines  B 
building  at  the  Grafton  state 
hospital  ..... 

1715-27  The  unexpended  balance  of  the 
amount  appropriated  by  item 
1715-27  of  chapter  419  of  the 
acts  of  nineteen  hundred  and 
forty-one,  for  certain  improve- 
ments to  drainage  of  the  sewer 
beds  at  the  Grafton  state  hospi- 
tal, is  hereby  reappropriated. 

1716-00  Medfield  state  hospital,  including 
not  more  than  four  hundred  and 
eighty  permanent  positions 

1716-22  For  the  purchase  of  beds  for  the 
Medfield  state  hospital,  to  be  in 
addition  to  any  amounts  hereto- 
fore appropriated  for  the  purpose 

1716-28  For  the  cost  of  certain  reconstruc- 
tion work  in  connection  with 
the  bakery  and  kitchen  elevators 
at  Medfield  state  hospital 

1717-00  Metropolitan  state  hospital,  in- 
cluding not  more  than  four  hun- 
dred and  seventeen  permanent 
positions  .... 

1718-00  Northampton  state  hospital,  in- 
cluding not  more  than  four  hun- 
dred and  eighty-one  permanent 
positions  .... 


Appropriation     Appropriation 

Fiscal  Year  Fiscal  Year 

1944.  1945. 


$261,985  00   $260,790  00 


1,107,930  00   1,097,580  00 


6,800  00 


1,010,640  00   1,006,250  00 


619,260  00    616,360  00 


800  00 


639,721  00    638,228  00 


752,050  00    747.060  00 


2,500  00 


778,520  00    776,140  00 


2,000  00      2,000  00 


6,000  GO 


786,855  00    784,640  00 


796,692  00    796,860  00 


Acts,  1943.  —  Chap.  370.  431 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

1719-00  Taunton  state  hospital,  including 
not  more  than  four  hundred  and 
seventy-three  permanent  posi- 
tions         $750,855  00        $747,755  00 

1720-00  Westborough  state  hospital,  in- 
cluding not  more  than  four  hun- 
dred and  twenty-four  perma- 
nent positions  .  .  .  743,665  00  739,485  00 
1721-00  Worcester  state  hospital,  includ- 
ing not  more  than  six  hundred 
and  thirty-four  permanent  po- 
sitions      1.111,610  00       1,106,835  00 

1721-22  The  unexpended  balance  of  the 
appropriation  made  by  item 
1721-22  of  chapter  four  hun- 
dred and  m'neteen  of  the  acts  of 
nineteen  hundred  and  forty- 
one,  for  the  purchase  and  instal- 
lation of  certain  laundry  ma- 
chinery at  the  Worcester  state 
hospital,  is  hereby  reappropri- 
ated. 
1721-23  The  unexpended  balance  of  the 
appropriation  made  by  item 
1721-23  of  chapter  four  hun- 
dred and  nineteen  of  the  acts  of 
nineteen  hundred  and  forty-one, 
for  the  purchase  and  installation 
of  certain  kitchen  equipment  at 
the  Worcester  state  hospital,  is 
hereby  reappropriated. 
1721-27     For  the  purchase  of  beds  for  the  * 

Worcester  state  hospital    .  .  3,000  00 

1721-28  For  the  cost  of  certain  painting  at 
the  main  hospital  of  the  Worces- 
ter state  hospital,  and  the 
amount  appropriated  for  the 
year  nineteen  hundred  and  forty- 
five  is  in  addition  to  the  amount 
appropriated  for  the  year  nine- 
teen hundred  and  forty-four  for 

the  same  purpose      .  .  .  10,000  00  10,000  00 

1721-29  For  the  cost  of  certain  repairs  to 
roofs    at    the    Worcester    State 

hospital 7,500  00 

1722-00  Monson  state  hospital,  including 
not  more  than  four  hundred  and 

nineteen  permanent  positions     .        753,074  00  750,906  00 

1723-00  Belchertown  state  school,  includ- 
ing not  more  than  three  hundred 

and  two  permanent  positions     .        554,290  00  545,240  00 

1724-00  Walter  E.  Fernald  state  school,  in- 
cluding not  more  than  four  hun- 
dred and  sixty-eight  permanent 

positions  ....        830,741  00  830,651  00 

1725-00  Wrentham  state  school,  including 
not  more  than  four  hundred  and 
nine  permanent  positions  .        701,300  00  700,300  00 


Totals  .  .  .  $12,237,788  00  $12,157,080  00 


432  Acts,  1943.  —  Chap.  370. 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

Service  of  the  Department  of  Correction. 

1801-01     For  the  salary  of  the  commissioner  $6,000  00  $6,000  00 

1801-02  For  personal  services  of  deputies, 
agents,  clerks  and  stenographers, 
including  not  more  than  twenty- 
one  permanent  positions    .  .  41,760  00  42,120  00 

1801-03  For  services  other  than  personal, 
necessary  office  supplies  and 
equipment        ....  4,800  00  4,800  00 

1801-04  For  traveling  expenses  of  officers 
and  employees  of  the  depart- 
ment, when  required  to  travel  in 
the  discharge  of  their  duties       .  1,000  00  1,000  00 

1801-05     For  the  removal  of  prisoners,  to 

and  from  state  institutions       .  7,000  00  7,000  00 

1801-07     For  the  expense  of  the  service  ol 

the  central  index        .  .  .  1,000  00  1,000  00 


Totals  ....        $61,560  00  $61,920  00 

Division     of     Classification     of 

Prisoners: 

1801-08     For  expenses  of  the  division  hereby 

authorized,  including  not  more 

than  eight  permanent  positions; 

provided,  that  the  persons  em- 

■     ployed  hereunder  shall   not  be 

subject  to  civil  service  laws  or 

the  rules  and  regulations  made 

thereunder        ....        $22,040  00  $22,460  00 

Parole  Board: 

1801-21  For  personal  services  of  the  parole 
board  and  advisory  board  of 
pardons,  agents,  clerical  and 
other  employees,  including  not 
more  than  forty-one  permanent 
positions  ....        $94,395  00  $95,175  00 

1801-22  For  services  other  than  personal, 
including  necessary  office  sup- 
plies and  equipment  .  .  3.200  00  3,200  00 

1801-23  For  traveling  expenses  of  officers 
and  employees  of  the  parole 
board  when  required  to  travel 
in  the  discharge  of  their  duties  .  10,000  00  10,000  00 

1801-S4  For  assistance  to  discharged  pris- 
oners         600  00  600  00 


Totals  ....      $108,195  00       $108,975  00 

For  the  maintenance  of  the  fol- 
lowing institutions  under  the 
control  of  the  Department  of 
Correction: 
1802-00     State    farm,    including   not   more 
than  three  hundred  and  eighty- 
one  permanent  positions  .          .      $922,405  00        $917,265  00 
1803-00     State  prison,  including  not  more 
than  one   hundred   and   thirty- 
seven  permanent  positions          .        472,550  00  471,550  00 
1805-00     Massachusetts  reformatory,  includ- 
ing not  more  than  one  hundred 
and  sixty-four  permanent  posi- 
tions         564,015  00  560,900  00 


Acts,  1943.  —  Chap.  370. 


433 


Item 
1806-00 


1807-00 


Reformatory  for  women,  including 
not  more  than  one  hundred  and 
seven  permanent  positions 

State  prison  colony,  including  not 
more  than  one  hundred  and 
seventy-five  permanent  positions 

Totals 


Appropriation 

Fiscal  Year 

1944. 


517,550  00 


Appropriation 

Fiscal  Year 

1945. 


$276,820  00        $274,220  00 


515,850  00 


$2,753,340  00    $2,739,785  00 


1901-01 
1901-02 


1901-03 


1901-22 


1902-01 


1902-02 


1904-01 


1904-02 


1906-01 


1906-02 


1906-03 


1907-01 


Service  of  the  Department  of  Public  Welfare. 
Administration : 

For  the  salary  of  the  commissioner 

For  personal  services  of  officers 
and  employees,  including  not 
more  than  thirty-one  permanent 
positions 

For  services  other  than  personal, 
printing  the  annual  report,  trav- 
eling expenses,  including  ex- 
penses of  auxiliary  visitors,  office 
supphes  and  expenses 


$7,000  GO 


56,120  00 


4,000  00 


$7,000  00 


57,000  00 


4,000  00 


Totals  .... 

Special: 

(This  item  omitted.) 

State  Board  of  Housing: 

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

For  expenses,  as  authorized  by  sec- 
tion eighteen  of  chapter  eighteen 
of  the  General  Laws 

Totals  .... 

Division  of  Aid  and  Rehef : 

For  personal  services  of  officers 
and  employees,  including  not 
more  than  one  hundred  and 
thirty-two  permanent  positions  . 

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

Totals  .... 

Division  of  Child  Guardianship: 
For  personal  services  of  officers  and 
employees,  including  not  more 
than  one  hundred   and   thirty- 
seven  permanent  positions 
For  services  other  than  personal, 
office  suppUes  and  equipment    . 
For  the  care  and  maintenance  of 
children,    including    not    more 
than  two  permanent  positions    . 

Totals  .... 

Tuition  of  children: 
For  tuition  in  the  public  schools, 
iucluding  transportation  to  and 
from  school,  of  children  boarded 
by    the    department,    for    the 


$67,120  00         $68,000  00 


$19,040  00         $19,160  00 


5.000  00 


5,000  00 


$24,040  00    $24,160  00 


$241,000  00   $243,000  00 


19,000  00 


19,000  00 


$260,000  00   $262,000  00 


$260,000  00   $264,000  00 


6,000  00 


6.000  00 


1,771,500  00   1,795,000  00 


$2,037,500  00  $2,066,000  00 


434 


Acts,  1943.  —  Chap.  370. 


Item 

twelve  months  ending  June  thir- 
tieth, nineteen  hundred  and 
forty-three,  and  June  thirtieth, 
nineteen  hundred  and  forty-four, 
respectively     .... 

Instruction  in  public  schools: 
1907-03     For  reimbursement  of  cities  and 
towns  for  tuition  of  children  at- 
tending the  public  schools 

The  following  items  are  for  re- 
imbursement of  cities  and 
towns,  and  are  to  be  in  addi- 
tion to  any  unexpended  bal- 
ances of  appropriations  here- 
tofore made  for  the  purpose: 
1907-05     For  the  payment  of  suitable  aid  to 

certain  dependent  children 
1907-07     For  the  burial  by  cities  and  towns 
of  indigent  persons  who  have  no 
legal  settlement 
1907-08     For  expenses  in  connection  with 
smallpox  and  other  diseases  dan- 
gerous to  the  public  health 
1907-09     For  the  support  of  sick  indigent 
persons  who  have  no  legal  settle- 
ment       ..... 
1907-10     For  temporary  aid  given  to  indi- 
gent persons  with  no  legal  settle- 
ment, and  to  shipwrecked  sea- 
men by  cities  and  towns,  and  for 
the    transportation    of    indigent 
persons  under  the  charge  of  the 
department      .... 


Appropriation     Appropriation 

Fiscal  Year  Fiscal  Year 

1944.  1945. 


$330,000  00       $330,000  00 


r.SOO  00  $7,500  00 


,500,000  00     $2,400,000  00 

25,000  00  25,000  00 

150,000  00  150,000  00 

300,000  00 


1,750,000  00       1,500,000  00 


Totals 

Division  of  Juvenile  Training, 
Trustees  of  Massachusetts 
Training  Schools: 

1908-01  For  services  of  the  secretary  and 
certain  other  persons  employed 
in  the  executive  office,  including 
not  more  than  nine  permanent 
positions  .... 

1908-02  For  services  other  than  personal, 
including  printing  the  annual 
report,  traveling  and  other  ex- 
penses of  the  members  of  the 
board  and  employees,  office  sup- 
plies and  equipment 

Boys'  Parole: 

1908-11  For  personal  services  of  agents  in 
the  division  for  boys  paroled 
and  boarded  in  families,  includ- 
ing not  more  than  twenty-two 
permanent  positions 

1908-12  For  services  other  than  personal, 
including  traveling  expenses  of 
the  agents  and  boys,  and  neces- 
sary office  supplies  and  equip- 
ment      ..... 


$4,425,000  00     $4,375,000  00 


$16,030  00  $16,390  00 


2,000  00 


48,740  00 


18,000  00 


2,000  00 


49,280  00 


18,000  00 


Acts,  1943.  —  Chap.  370. 


435 


Item 
1908-13 


1908-31 


1908-32 


For  board,  clothing,  medical  and 
other  expenses  incidental  to  the 
care  of  boys     .... 

Girls'  Parole: 

For  personal  services  of  agents  in 
the  division  for.  girls  paroled 
from  the  industrial  school  for 
girls,  including  not  more  than 
eighteen  permanent  positions     . 

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 

Totals  .... 


Appropriation     Appropriation 

Fiscal  Year         Fiscal  Year 

1944.  1945. 


$20,000  00  $20,000  00 


35,230  00 


17,500  00 


35,670  GO 


17,500  00 


$157,500  00       $158,840  00 


For  the  maintenance  of  and  for 
certain  improvements  at  the 
institutions  under  the  control 
of  the  trustees  of  the  Massa- 
chusetts training  schools,  with 
the  approval  of  said  trustees, 
as  follows; 
1915-00     Industrial  school  for  boys,  includ- 
ing not  more  than  one  hundred 
and  one  permanent  positions 
1915-22     For  the  purchase  of  certain  land 
at  the  industrial  school  for  boys 
1916-00     Industrial  school  for  girls,  includ- 
ing  not   more  than   ninety-one 
permanent  positions 
1917-00     Lyman  school  for  boys,  including 
not  more  than  one  hundred  and 
thirty-eight  permanent  positions 
1917-24     For  the  cost  of  renovation  and  re- 
placement   of    fire    damage    at 
Bowlder  cottage  at  the  Lyman 
school  for  boys 

Totals  .... 

Massachusetts  Hospital  School: 
1918-00  For  the  maintenance  of  the  Massa- 
chusetts hospital  school,  includ- 
ing not  more  than  one  hundred 
and  fifty-two  permanent  posi- 
tions, to  be  expended  with  the 
approval  of  the  trustees  thereof  . 

Tewksbury  State  Hospital  and 
Infirmary: 
1919-00  For  the  maintenance  of  the  Tewks- 
bury state  hospital  and  infir- 
mary, including  not  more  than 
six  hundred  and  eighty-six  per- 
manent positions,  to  be  ex- 
pended with'  the  approval  of 
the  trustees  thereof 


$199,400  00        $199,600  00 
3,000  00 

171,250  00  171,250  00 

313,800  00  310,700  00 

6,000  00 


,450  00        $681,550  00 


$234,440  00        $233,940  00 


L,215,100  00     $1,215,100  00 


436 


Acts,  1943. —  Chap.  370. 


Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

Service  of  the  Department  of  Public  Health. 

Administration : 

2001-01     For  the  salary  of  the  commissioner  $7,500  00  $7,500  00 

2001-02     For  personal  services  of  the  health 
council  and  office  assistants,  in- 
cluding not  more  than  twenty-    " 
three  permanent  positions  .  30,970  00  31,280  00 

2001-03  For  services  other  than  personal, 
including  printing  the  annual  re- 
port, traveling  expenses,  office 
supplies  and  equipment     .  .  11,100  00  8,100  00 

Service  of  Adult  Hygiene  (can- 
cer): 

2003-01  For  personal  services  of  the  di- 
vision, including  not  more  than 
nineteen  permanent  positions     .  38,880  00  40,140  00 

2003-02     For  other  expenses  of  the  division, 

including  cancer  cUnics      .  .  42,800  00  42,800  00 

Service  of  Child  and  Maternal 
Hygiene: 

2004-01  For  personal  services  of  the  direc- 
tor and  assistants,  including  not 
more  than  thirty-one  permanent 
positions  ....  61.500  00  62.280  00 

2004-02  For  services  other  than  personal, 
traveUng  expenses,  office  sup- 
pUes  and  equipment  .  .  22,300  00  22,300  00 

Division  of  Communicable  Dis- 
eases: 

2005-01  For  personal  services  of  the  direc- 
tor, district  health  officers  and 
their  assistants,  epidemiologists, 
bacteriologists  and  assistants  in 
the  diagnostic  laboratory,  in- 
cluding not  more  than  thirty 
permanent  positions  .  .  76.150  00  77.300  00 

2005-02  For  services  other  than  personal, 
traveling  expenses,  laboratory, 
office  and  other  necessary  sup- 
plies, including  the  purchase  of 
animals  and  equipment,  and 
rent  of  certain  offices         .         .  12,300  00  12,300  00 

Venereal  Diseases: 

2006-01  For  personal  services  for  the  con- 
trol of  venereal  diseases,  includ- 
ing not  more  than  eight  perma- 
nent positions  .  .  .  11,397  00  11,750  00 

2006-02  For  services  other  than  personal, 
traveling  expenses,  office  suppUes 
and  equipment,  to  be  in  addition 
to  any  amount  heretofore  ap- 
propriated for  the  purpose  .        239.000  00  239,000  00 

Wassermann  Laboratory; 

2007-01  For  personal  services  of  the  Was- 
sermann laboratory,  including 
not  more  than  fifteen  permanent 
positions  ....  19,870  00  20,540  00 

2007-02     For  expenses  of  the  Wassermann 

laboratory        ....  6,500  00  6.500  00 


Acts,  1943. —  Chap.  370. 


437 


Item 


2007-07 


Appropriation     Appropriation 

Fiscal  Year  Fiscal  Year 

1944.  1945. 


2007-08 


2012-01 


2012-02 


2013-01 


2013-02 


2015-01 


2015-02 


2020-01 


2020-02 


2020-03 


Antitoxin  and  Vaccine  Labora- 
tories: 

For  personal  services  in  the  investi- 
gation and  production  of  anti- 
toxin and  vaccine  lymph  and 
other  specific  material  for  pro- 
tective inoculation  and  diagno- 
sis of  treatment,  including  not 
more  than  forty-seven  perma- 
nent positions 

For  other  services,  supplies,  ma- 
terials and  equipment  necessary 
for  the  production  of  antitoxin 
and  other  materials  as  enumer- 
ated above,  and  for  rent    . 

Inspection  of  Food  and  Drugs: 
For  personal  services  of  the  direc- 
tor, analysts,  inspectors  and 
other  assistants,  including  not 
more  than  thirty  permanent  po- 
sitions .  .  . 
For  other  serNnces,  including  trav- 
eling expenses,  supplies,  mate- 
rials and  equipment 

Shellfish  Enforcement  Law: 
For  personal  services  for  adminis- 
tering the  law  relative  to  shell- 
fish, including  not  more  than  one 
permanent  position  . 
For  other  expenses  for  administer- 
ing the  law  relative  to  shellfish  . 

Water  Supply  and  Disposal  of 
Sewage: 

For  personal  services  of  directors, 
engineers,  chemists,  clerks  and 
other  assistants  in  the  division 
of  engineering  and  the  division 
of  laboratories,  including  not 
more  than  fifty  permanent  posi- 
tions       ..... 

For  other  services,  including  trav- 
eling expenses,  supplies,  mate- 
rials and  equipment,  for  the  di- 
vision of  engineering  and  the 
division  of  laboratories 

Totals  .... 

Division  of  Tuberculosis: 
For  personal  services  of  the  direc- 
tor, stenographers,  clerks  and 
other  assistants,  including  not 
more  than  nineteen  permanent 
positions  .... 

For  services  other  than  personal, 
including  printing  the  annual  re- 
port, traveling  expenses  and  of- 
fice supplies  and  equipment 
For  expenses  of  hospitalization  of 
certain  patients  suffering  from 


$75,834  00  $77,625  00 


41,800  00  41,800  00 


65,160  00  65,940  00 

11,200  00  11,200  00 


2.040  00  2,160  00 

500  00  500  00 


121,380  00  121,380  00 


20,000  00  20,000  00 


$918,181  00        $922,395  00 


5,920  00  $44,100  00 


2.800  00  2,800  00 


438 


Acts,  1943.  —  Chap.  370. 


Item 


2020-11 


2020-21 


2020-22 


Appropriation 

Fiscal  Year 

1944. 


Appropriation 

Fiscal  Year 

194.5. 


chronic  rheumatism,  as  author- 
ized by  section  one  hundred  and 
sixteen  A  of  chapter  one  hun- 
dred and  eleven  of  the  General 
Laws       ..... 

To  cover  the  payment  of  certain 
subsidies  for  the  maintenance  of 
hospitals  for  tubercular  patients 

For  personal  services  for  certain 
children's  clinics  for  tuberculosis, 
including  not  more  than  seven- 
teen permanent  positions  . 

For  other  services  for  certain  chil- 
dren's clinics  for  tuberculosis 

Totals  .... 


For  the  maintenance  of  and  for 
certain  improvements  at  the 
sanatoria,  as  follows: 

2022-00  Lake\'ille  state  sanatorium,  includ- 
ing not  more  than  two  hundred 
and  twenty-six  permanent  posi- 
tions       ..... 

2023-00  North  Reading  state  sanatorium, 
including  not  more  than  one 
hundred  and  eighty-five  perma- 
nent positions 

2024—00  Rutland  state  sanatorium,  includ- 
ing not  more  than  two  hundred 
and  thirty-eight  permanent  po- 
sitions    ..... 

2024-21  For  improvements  in  the  sewage 
disposal  system  at  the  Rutland 
state  sanatorium,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose 

2025-00  Westfield  state  sanatorium,  in- 
cluding not  more  than  two  hun- 
dred and  ninety  permanent  po- 
sitions    ..... 

2025-22  For  the  purchase  and  installation 
of  certain  x-ray  equipment  at 
the   Westfield  state  sanatorium 


$34,000  00  $34,000  00 


510,000  00 


37,980  00 
10,900  00 


470,000  00 


38,280  00 


10,900  00 


$639,600  00   $600,080  00 


$338,940  00   $337,090  00 


248,470  00    247,450  00 


378,680  00    380,150  00 


1,000  00 


444,670  00  442,120  00 


8,000  00 


Totals 


.  $1,419,760  00     $1,406,810  00 


2031-00 


2031-24 


2031-26 


Pondville  Hospital; 

For  maintenance  of  the  Pondville 
hospital,  including  care  of  ra- 
dium, and  including  not  more 
than  two  hundred  and  thirty- 
four  permanent  positions  . 

For  the  purchase  and  installation 
of  certain  fire  protection  equip- 
ment, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose 

For  the  purchase  and  installation 
of  certain  x-ray  equipment 


$331,500  00        $331,300  00 

2,160  00 
8,500  00 


Totals 


.     $342,160  GO       $331,300  00 


Acts,  1943. —  Chap.  370.  439 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

Service  of  the  Department  oj  Public  Safety. 

Administration: 

2101-01     For  the  salary  of  the  commissioner  $6,000  00  $6,000  00 

2101-02  For  personal  services  of  clerks 
and  stenographers,  including 
not  more  than  seventy-one  per- 
manent positions       .  .  .        102,000  00  103,000  00 

2101-03  For  contingent  expenses,  includ- 
ing printing  the  annual  report, 
rent  of  district  offices,  supplies 
and  equipment,  and  all  other 
things  necessary  for  the  investi- 
gation of  fires  and  motion  pic- 
ture Hcenses,  as  required  by 
law,  and  for  expenses  of  admin- 
istering the  law  regulating  the 
sale  and  resale  of  tickets  to 
theatres  and  other  places  of 
public  amusement  by  the  de- 
partment of  pubhc  safety  .  .  55,000  00  55,000  00 


Totals  ....      $163,000  00        $164,000  00 

Division  of  State  Police: 

2102-01  For  the  salaries  of  officers  and  de- 
tectives, including  not  more  than 
two  hundred  and  ninety-five  per- 
manent positions  partly  charge- 
able to  item  2970-04,  and  for 
the  salary  of  one  permanent 
state  police  crime  prevention 
and  juvenile  delinquency  inves- 
tigator     $200,000  00        $200,000  00 

2102-02  For  personal  services  of  civilian 
employees,  including  not  more 
than  one  hundred  and  twenty- 
nine  permanent  positions  .        156,000  00  157,000  00 

2102-03  For  other  necessary  expenses  of  the 
uniformed  division,  to  be  in  ad- 
dition to  the  amounts  appropri- 
ated in  item  2970-05  .  180,000  00  180,000  00 

2102-04  For  expert  assistance  to  the  com- 
missioner and  for  maintenance 
of  laboratories,  including  not 
more  than  five  permanent  posi- 
tions         14,680  00  14,800  00 


Totals  ....      $550,680  00        $551,800  00 

Fire  Prevention  Service: 
2103-01     For   the   salary   of   the   state  fire 

marshal $4,000  00  $4,000  00 

2103-02     For  personal  services  of  fire  and 

other  inspectors,   including  not 

more  than  eighteen  permanent 

positions  ....  50,640  00  51,040  00 

2103-03     For  other  services,  office  rent  and 

necessary    oflBce    supplies    and 

equipment        .  .  .  .  2,900  00  2,©00  00 

2103-04     For  traveling  expenses  of  fire  and 

other  inspectors         .  .  .  10.000  00  10,000  00 


Totals  ....        $67,540  GO         $67,940  00 


440 


Acts,  1943. —  Chap.  370. 


Item 

Division  of  Inspection: 

2104r-01  For  the  salary  of  the  chief  of  in- 
spections .... 

2104-02  For  services,  supplies  and  equip- 
ment necessary  for  investigations 
and  inspections  by  the  division  . 

2104-11  For  the  salaries  of  officers  for  the 
building  inspection  service,  in- 
cluding not  more  than  twenty- 
one  permanent  positions    . 

2104-12  For  traveling  expenses  of  officers 
for  the  building  inspection  serv- 
ice ..... 

2104-21  For  the  salaries  of  officers  for  the 
boiler  inspection  service,  includ- 
ing not  more  than  twenty-six 
permanent  positions 

2104-22  For  traveling  expenses  of  officers 
for  the  boiler  inspection  service 

Totals  .... 

Board  of  Boiler  Rules: 
2104-31  For  personal  services  of  members 
of  the  board,  including  not  more 
than  foiu:  permanent  positions  . 
2104-32  For  services  other  than  personal 
and  the  necessary  traveling  ex- 
penses of  the  board 

Totals  .... 

State  Boxing  Commission: 
2105-01  For  compensation  and  clerical  as- 
sistance for  the  state  boxing 
commission,  including  not  more 
than  five  permanent  positions  . 
2105-02  For  other  expenses  of  the  commis- 
sion        ..... 

Totals  .  .  .  . 


Appropriation     Appropriation 

Fiscal  Year         Fiscal  Year 

1944.  1945. 


$4,000  00 


500  00 


73,110  00 
10,000  00 


$4,000  00 


500  00 


58,180  00  61,520  00 

lb,000  00  10,000  00 


76,560  00 
10,000  00 


$155,790  00        $162,580  00 

$1,000  00  $1,000  00 

600  00  500  00 


$1,600  00  $1,500  00 


$10,320  00  $10,380  00 

6,500  00  6,500  00 


$16,820  00  $16,880  00 


Service  of  the  Department  of  Public  Works. 

2201-01  For  administering  the  law  relative 
to  advertising  signs  near  high- 
ways      .....        $19,073  16  $19,067  92 

Functions  of  the  department  re- 
lating to  waterways  and  pub- 
lic lands: 

2202-01  For  personal  services  of  the  direc- 
tor, chief  engineer  and  assistants, 
including  not  more  than  eighty 
permanent  positions 

2202-02  For  services  other  than  personal, 
including  printing  pamphlet  of 
laws  and  the  annual  report,  and 
for  necessary  office  and  engineer- 
ing supplies  and  equipment        .  1,600  00  l.fiOO  00 

2202-03  For  the  care  and  maintenance  of 
the  province  lands  and  of  the 
lands  acquired  and  structures 
erected    by    the    Provincetown 


$55,000  00  $55,000  00 


Acts,  1943. —  Chap.  370. 


441 


Item 


2202-04 
2202-06 


2202-07 


2202-08 
2202-09 


2202-11 


2202-12 


2202-13 


tercentenary  commission,  in- 
cluding not  more  than  five  per- 
manent positions 

For  the  compensation  of  dumping 
inspectors         .... 

For  the  maintenance  and  repair  of 
certain  property  in  the  town  of 
Plymouth,  including  not  more 
than  two  permanent  positions    . 

For  the  operation  and  mainte- 
nance of  the  New  Bedford  state 
pier,  including  not  more  than 
seven  permanent  positions 

(This  item  omitted.) 

For  the  maintenance  of  structures, 
and  for  repairing  damages  along 
the  coast  line  or  river  banks  of 
the  commonwealth,  and  for  the 
removal  of  wrecks  and  other  ob- 
structions from  tide  waters  and 
great  ponds      .... 

The  unexpended  balance  of  the 
appropriation  made  by  item 
2202-11  of  chapter  four  hundred 
and  nineteen  of  the  acts  of  nine- 
teen hundred  and  forty-one  is 
hereby  reappropriated. 

For  re-establishing  and  perma- 
nently marking  certain  trian- 
gulation  points  and  stations,  as 
required  by  order  of  the  land 
court  in  accordance  with  section 
thirty-three  of  chapter  ninety- 
one  of  the  General  Laws    . 

For  expenses  of  surveying  certain 
town  boundaries,  by  the  depart- 
ment of  public  works 

Totals  .... 


Appropriation     Appropriation 

Fiscal  Year         Fiscal  Ye.ar 

1944.  1945. 


$7,000  00     $7,000  00 
300  00       300  GO 


3,500  00 


15,000  00 


3,500  00 


15,000  00 


15,000  00 


15,000  00 


800  00 
300  00 


800  00 
300  00 


^,500  00    $98,500  00 


Service  of  the  Department  of  Public  Utilities. 


2301-01  For  personal  services  of  the  com- 
missioners, including  not  more 
than  five  permanent  positions    . 

2301-02  For  personal  services  of  secretaries, 
employees  of  the  accounting  di- 
vision, engineering  division,  and 
rate  and  tariff  division,  includ- 
ing not  more  than  sixteen  per- 
manent positions 

2301-03  For  personal  services  of  the  in- 
spection division,  including  not 
more  than  twenty  permanent 
positions  .... 

2301-04  For  personal  services  of  clerks, 
messengers  and  office  assistants, 
including  not  more  than  ten  per- 
manent positions 

2301-05  For  personal  services  of  the  tele- 
phone and  telegraph  division,  in- 
cluding not  more  than  seven  per- 
manent positions 


$36,000  00  $36,000  00 


52,920  00 


53,814  00 


17,160  00 


19,260  00 


53,520  00 


54,594  00 


17.520  00 


19,260  00 


442 


Acts,  1943. —  Chap.  370. 


Item 
2301-06 


2301-07 


2301-08 


2301-09 


2301-10 


2302-01 


2302-02 


2302-03 


2304-01 


2304-02 


2308-01 


For  traveling  expenses  of  the  com- 
missioners and  employees 

For  other  services,  including  print- 
ing the  annual  report  and  neces- 
sary office  supplies  and  equip- 
ment     ..... 

For  stenographic  reports  of  evi- 
dence at  inquests  held  in  cases 
of  death  by  accident  on  or  about 
railroads,  or  caused  by  the  opera- 
tion of  motor  vehicles  for  the 
carriage  of  passengers  for  hire    . 

Totals  .... 

Special  Investigations: 

For  personal  services  and  expenses 
of  special  investigations,  includ- 
ing legal  assistants  and  steno- 
graphic services  as  needed 

The  unexpended  balance  of  the 
amounts  appropriated  by  item 
2301-09  of  chapter  four  hundred 
and  nineteen  of  the  acts  of  nine- 
teen hundred  and  forty-one,  as 
amended  by  chapter  six  hun- 
dred and  eighty-three  of  the  acts 
of  said  year,  for  an  investigation 
of  the  New  York,  New  Haven 
arid  Hartford  Railroad  Com- 
pany, is  hereby  reappropriated. 

Investigation  of  Gas  and  Elec- 
tric Light  Meters: 

For  personal  services  of  the  di- 
vision of  inspection  of  gas  and 
gas  meters,  including  not  more 
than  twelve  permanent  positions 

For  expenses  of  the  division  of  in- 
spection of  gas 'and  gas  meters, 
including  traveling  and  other 
necessary  expenses  of  inspection 

For  the  examination  and  tests  of 
electric  meters 

Totals  .... 

Commercial  Motor  Vehicle  Di-  ' 
vision : 

For  personal  services  of  the  direc- 
tor and  assistants,  including  not 
more  than  eighteen  permanent 
positions  .... 

For  other  services,  necessary  office 
supplies  and  equipment,  and  for 
rent         ..... 

Totals  .... 

Sale  of  Securities: 
For  personal  services  in  adminis- 
tering the  law  relative  to  the 
sale  of  securities,  including  not 
more  than  ten  permanent  posi- 
tions       ..... 


Appropriation     Appropriation 

Fiscal  Year         Fiscal  Year 

1944.  1045. 


5,600  00     $3,600  00 


8,500  00     11,000  00 


300  00 


300  00 


$191,554  00   $195,794  00 


5,000  00     $5,000  00 


$28,500  00    $29,100  00 

2,500  00      2,500  00 
50  00        50  00 


$31,050  00    $31,650  00 

$38,850  00    $39,450  00 
17.000  00     17,000  00 


$55,850  00    $56,450  00 


$21,280  00    $21,520  00 


Acts,  1943.  —  Chap.  370. 


443 


Item 
230S-02 


2320-01 


For  expenses  other  than  personal 
in  administering  the  law  rela- 
tive to  the  sale  of  securities 

Totals  .... 

The  sum  of  twenty-five  thousand 
dollars  is  hereby  reappropriated 
from  the  unexpended  balance  of 
the  appropriation  authorized  by 
chapter  eighty-nine  of  the  re- 
solves of  nineteen  hundred  and 
forty-one. 


Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 


$1,000  00 
$22,280  00 


$1,000  00 
$22,520  00 


Interest  on  the  Public  Debt, 

2410-00  For  the  payment  of  interest  on 
the  direct  debt  of  the  common- 
wealth, to  be  in  addition  to  the 
amounts    appropriated   in   item 


2951-00 


$112,844  50 


$97,059  50 


Requirements  for  Extinguishing  the  State  Debt. 

2420-00  For  sinking  fund  requirements  and 
for  certain  serial  bonds  matur- 
ing during  the  years  nineteen 
hundred  and  forty-four  and  nine- 
teen hundred  and  forty-five,  to 
be  in  addition  to  the  amounts 
appropriated  in  item  2952-00    .  $1,638,500  00        $570,000  00 


Bunker  Hill  Monument. 

2801-00  For  the  maintenance  of  Bunker 
Hill  monument  and  the  prop- 
erty adjacent,  to  be  expended 
by  the  metropolitan  district  com- 
mission; provided,  that  from 
the  amount  herein  appropriated 
for  the  year  nineteen  hundred 
and  forty-four  sums  not  exceed- 
ing six  thousand  dollars,  in  the 
aggregate,  shall  be  available  for 
expenditure  prior  to  December 
first,  nineteen  hundred  and  forty- 
three,  and  sums  not  exceeding 
seven  thousand  dollars,  in  the 
aggregate,  shall  be  available  for 
expenditure  during  the  period 
from  December  first,  nineteen 
hundred  and  forty-three,  through 
June  thirtieth,  nineteen  hundred 
and  forty-four;  and  provided, 
further,  that  not  exceeding  one 
thousand  dollars  shall  be  ex- 
pended prior  to  December  first, 
nineteen  hundred  and  forty- 
three,  for  shrubbery  purposes    .        $12,712  00 


$4,310  00 


444 


Acts,  1943. —  Chap.  370. 


Item 


2805-01 


2805-02 


2811-01 


2811-02 


2811-03 


2811-04 


2811-05 


2820-02 


2820-04 


2820-06 


Appropriation 

Fiscal  Year 

1944. 

Unclassified  Accounts  and  Claims. 

For  the  payment  of  certain  annui- 
ties and  pensions  of  soldiers  and 
others  under  the  provisions  of 
certain  acts  and  resolves   .  .  $8,200  00 

For  payment  of  any  claims,  as  au- 
thorized by  section'  eighty-nine 
of  chapter  thirty-two  of  the 
General  Laws,  for  allowances 
to  the  families  of  members  of 
the  department  of  public  safety 
doing  police  duty  killed  or  fa- 
tally injured  in  the  discharge 
of  their  duties  .  .  .  12,500  00 

For  the  compensation  of  veterans 
of  the  civil  war  formerly  in  the 
service  of  the  commonwealth, 
now  retired      ....  990  00 

For  the  compensation  of  veterans 
who  may  be  retired  by  the  gov- 
ernor under  the  provisions  of 
sections  fifty-six  to  fifty-nine, 
inclusive,  of  chapter  thirty-two 
of  the  General  Laws 

For  the  compensation  of  certain 
prison  officers  and  instructors 
formerly  in  the  ser-vice  of  the 
commonwealth,  now  retired        .  62,000  00 

For  the  compensation  of  state  po- 
lice oflBcers  formerly  in  the  serv- 
ice of  the  commonwealth,  now 
retired 11,300  00 

For  the  compensation  of  certain 
women  formerly  employed  in 
cleaning  the  state  house,  now 
retired 300  00 

For  small  items  of  expenditure  for 
which  no  appropriations  have 
been  made,  and  for  cases  in 
which  appropriations  have  been 
exhausted  or  have  reverted  to 
the  treasury  in  previous  years  1,000  00 

For  the  compensation  of  certain 
public  employees  for  injuries  sus- 
tained in  the  course  of  their  em- 
ployment, for  the  years  nineteen 
hundred  and  forty-four  and  nine- 
teen hundred  and  forty-five  and 
for  previous  years,  as  provided 
by  section  sixty-nine  of  chapter 
one  hundred  and  fifty-two  of 
the  General  Laws,  to  be  in  ad- 
dition to  the  amounts  appropri- 
ated by  item  2970-07         .  .  45,000  00 

For  reimbxu-sement  of  persons  for 
funds  previously  deposited  in  the 
treasury  of  the  commonwealth 
and  escheated  to  the  common- 
wealth      5,000  00 


Appropriation 

Fiscal  Year 

1945. 


$8,200  00 


13,300  00 


990  00 


195,000  00  220.000  00 


63.000  00 


13,100  00 


300  00 


1,000  00 


45,000  00 


5,000  00 


Totals 


$341,290  00        $369,890  00 


Acts,  1943.  —  Chap.  370. 


445 


Iiem 


Appropriation     Appropriation 

Fiscal  Year         Fiscal  Year 

1944.  1945. 


Thb  Fol1iO"v^ng  Appropriations  are  Made  from  the  Highway  Fund: 


2921-01 


2921-02 


2921-03 


2921-04 


2922-01 


2922-02 


2922-03 


Service  of  the  Department  of  Public  Works. 

Administration : 

For  the  salaries  of  the  commis- 
sioner and  the  associate  commis- 
sioners, including  not  more  than 
three  permanent  positions,  partly 
chargeable  to  item  3131-01 

For  personal  services  of  clerks 
and  assistants  to  the  commis- 
sioner, including  not  more  than 
four  permanent  positions,  partly 
chargeable  to  item  3131-02 

For  traveling  expenses  of  the  com- 
missioners, to  be  in  addition 
to  the  amounts  appropriated  in 
item  3131-03   .... 

For  telephone  service  in  the  pub- 
lic works  building,  including  not 
more  than  six  permanent  posi- 
tions, partly  chargeable  to  item 
3131-04  .... 


Totals  .... 

PubUc  Works  Building: 

For  personal  services  for  the  main- 
tenance and  operation  of  the 
public  works  building,  includ- 
ing not  more  than  sixty-eight 
permanent  positions 

For  the  salaries  of  guards  for  the 
public  works  building,  including 
expense  of  uniforms,  and  includ- 
ing not  more  than  seventeen 
permanent  positions 

For  other  expenses  for  the  mainte- 
nance and  operation  of  the  pub- 
lic works  building 

Totals  .  ,  . 


$14,625  00 


5.745  00 


1,100  00 


19,500  00 


$14,625  00 


5,790  00 


1.100  00 


19.500  00 


$40,970  00  $41,015  00 


$85,000  00         $85,000  00 


31,920  00 


51.000  00 


31,920  00 
51.000  00 


$167,920  00        $167,920  00 


Functions  of  the  department  re- 
lating to  highways: 

2900-01  For  personal  services  and  expenses 
of  the  department  secretary,  de- 
partment business  agent,  and  for 
vacation,  sick  leave,  and  other 
compensated  absence  in  the 
highway  division 

2900-02  For  personal  services  and  expenses 
,  of  administrative  and  engineer- 

ing services  performed  in  connec- 
tion with  all  highway  activities; 
for  payment  of  damages  caused 
by  defects  in  state  highways, 
with  the  approval  of  the  attor- 
ney genera!      .... 

2900-04  For  the  maintenance  and  repair  of 
state  highways  and  bridges,  con- 


$435,530  06        $433,925  03 


1.576,196  34       1,558,159  35 


446 


Acts,  1943.  —  Chap.  370. 


Item 


2900-09 


2900-10 


2900-11 


2900-17 


2900-18 


trol  of  snow  and  ice  on  state 
highways  and  town  roads,  and 
for  the  niaintenance  of  traffic 
signs  and  signals 

For  the  construction  and  recon- 
struction of  state  highways  by 
state  forces       .... 

For  projects  for  the  construction 
and  reconstruction  of  state  high- 
ways and  grade  crossing  elimi- 
nation for  which  there  are  agree- 
ments for  reimbursement  from 
the  federal  government  and  for 
land  damages  in  connection  with 
such  projects,  to  be  in  addition 
to  any  amounts  heretofore  ap- 
propriated for  these  purposes     . 

For  projects  for  the  construction 
and  reconstruction  of  state  high- 
ways without  assistance  from 
the  federal  government 

For  maintenance  project  payments 
for  the  construction  and  repair 
of  town  and  county  ways  . 

For  aiding  towns  in  the  repair  and 
improvement  of  public  ways 


Appropriation     Appropriation 

Fiscal  Year         Fiscal  Year 

1944.  1945. 


$2,833,968  64     $2,841,588  60 


Specials: 
2900-50  1  The  existence  of  the  Public  Works 
2900-55  /  Stores  and  Equipment  account, 
established  by  items  2900-50 
and  2900-55  of  chapter  sixty- 
eight  of  the  acts  of  nineteen 
hundred  and  forty-three,  is 
hereby  continued  for  the  years 
nineteen  hundred  and  forty-four 
and  nineteen  hundred  and  forty- 
five  under  the  terms  and  condi- 
tions as  authorized  in  said  chap- 
ter sixty-eight;  provided,  that 
the  expenses  for  capital  outlay 
from  this  account  shall  not  ex- 
ceed seventy-one  thousand  dol- 
lars in  the  year  nineteen  hundred 
and  forty-four,  and  sixty-four 
thousand  dollars  in  the  year 
nineteen  hundred  and  forty-five. 
2923-72  The  unexpended  balance  of  the 
appropriation  made  by  item 
2923-72  of  chapter  four  hun- 
dred and  nineteen  of  the  acts  of 
nineteen  hundred  and  forty-one, 
as  amended  by  chapter  seven 
hundred  and  thirty  of  the  acts 
of  said  year,  is  hereby  reappro- 
priated. 

Totals  .         '. 


Registration  of  Motor  Vehicles: 

2924-01     For  personal  services,  including  not 

more  than  six  hundred  and  seven 

permanent  positions 


76,836  66 


84,728  66 


3,825  00 


33,920  00 


3,825  00 


14,300  00 


343,248  74  299,750  52 

1,145,125  00       1,145,125  00 


5,448.650  44     $6,381,402   16 


$1,008,500  00     $1,015,500  00 


Acts,  1943.  —  Chap.  370.  447 

I  Appropriation     Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

2924-02     For  servaces  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  registra- 
tion and  licensing  of  owners  and 

operators  of  motor  vehicles         .      $260,000  00        $260,000  00 
2924-03     For   printing   and   other   expenses 

necessary    in    connection    with 

publicity  for  certain  safety  work  500  00  500  00 


Totals  ....  $1,269,000  00     $1,276,000  00 


Metropolitan  District  Commission. 

The  following  items  are  to  be 
paid  with  the  approval  of  the 
metropolitan  district  commis- 
sion: 
2931-00  For  maintenance  of  boulevards 
and  parkways,  including  instal- 
lation of  traffic  lights,  to  be  in 
addition  to  any  amounts  hereto- 
fore appropriated  for  the  same 
purpose;  pro^dded,  that  from 
the  amount  herein  appropriated 
for  the  year  nineteen  hundred 
and  forty-four  sums  not  exceed-  . 
ing  three  hundred  fifty-eight 
thousand  two  hundred  and 
ninety-five  dollars,  in  the  aggre- 
gate, shall  be  available  for  ex- 
penditure prior  to  December 
first,  nineteen  hundred  and 
forty-three,  and  sums  not  ex- 
ceeding five  hundred  thousand 
dollars,  in  the  aggregate,  shall 
be  available  for  expenditure  dur- 
ing the  period  from  December 
first,  nineteen  hundred  and  forty- 
three    through    June    thirtieth, 

nineteen  hundred  and  forty-four  $854,795  00  $319,286  00 
2932-00  For  resurfacing  of  boulevards  and 
parkways,  to  be  in  addition  to 
any  unexpended  balance  of  the 
appropriation  made  for  the  pur- 
pose in  the  previous  years  .  .  50,000  00  25,000  00 

Specials: 

2937-04  For  the  construction  of  a  certain 
drain  on  the  West  Roxbury 
Parkway,  so-called    .  .  .  8,000  00 

2937-05  For  the  cost  of  certain  repairs  for 
shore  protection  at  Lynn  shore 
and  Quincy  shore      .  .  10,000  00 

2937-06  For  the  construction  of  cement 
sidewalks  on  both  sides  of  Ne- 
ponset  Valley  Parkway  from 
Wollcott  Square,  Readville,  to 
Paul's  Bridge,  Milton  .  3,500  00 


Totals  ....      $926,295  00        $344,286  00 


448 


Acts,  1943.  —  Chap.  370. 


Item 


2951-00 


Appropriation 

Fiscal  Year 

1944. 


Appropriatio  n 

Fiscal  Year 

1945. 


Interest  on  the  Public  Debt. 

For  the  payment  of  interest  on  the 
direct  debt  of  the  commonwealth, 
to  be  in  addition  to  the  amounts 
appropriated  in  item  2410-00     .        $8 


,540  00  $41,145  00 


Requirements  for  Extinguishing  the  State  Debt. 

2952-00  For  sinking  fund  requirements  and 
for  certain  serial  bonds  maturing 
during  the  years  nineteen  hun- 
dred and  forty-four  and  nineteen 
hundred  and  forty-five,  to  be  in 
addition  to  the  amounts  appro- 
priated in  item  2420-00    . 


$4,238,573  00     $1,206,449  00 


Service  of  the  Treasurer  and  Receiver-General. 

State  Board  of  Retirement: 
2970-01  For  requirements  of  annuity  funds 
and  pensions  for  employees  re- 
tired from  the  state  service  un- 
der authority  of  law,  to  be  in 
addition  to  the-  amounts  appro- 
priated in  item  0604-03     .  .        $36,000  00 


$36,000  00 


Service  of  the  Department  of  Banking  and  I nsurance. 

Division  of  Insurance: 
2970-02  For  other  personal  services  of  the 
division,  including  expenses  of 
the  board  of  appeal  and  certain 
other  costs  of  supervising  motor 
vehicle  liability  insurance,  to  be 
in  addition  to  the  amounts  ap- 
propriated in  item  1103-02         .        $70,000  00 


$70,000  00 


Service  of  the  Department  of  Corporations  and  Taxatioii. 

Corporations  and  Tax  Divisions: 
2970-03  To  cover  the  estimated  cost  of  col- 
lection of  the  gasoline  tax,  so- 
called,  and  to  be  in  addition  to 
the  amounts  appropriated  in 
item  1201-02  ....        $50,000  00  $50,000  00 


Service  of  the  Department  of  Public  Safety. 

Division  of  State  Police: 
2970-04     For  the  salaries  of  officers  and  de- 
tectives, to  be  in  addition  to  the 
amounts   appropriated   in   item 
2102-01  .  .  .  ,  . 

2970  05  For  other  necessary  expenses  of 
the  uniformed  division,  includ- 
ing traveling  expenses  of  detec- 
tives, to  be  in  addition  to  the 
amounts  appropriated  in  item 
2102-03  .... 


$300,000  00        $300,000  00 


180,000  00 


180,000  00 


Totals 


$480,000  00        $480,000  00 


Acts,  1943.  —  Chap.  370. 


449 


Item 


2970-07 


Appropriation 

Fiscal  Ynar 

1944. 


Appropriation 

Fiscal  Year 

1945. 


Unclassified  Accou7iis  and  Claims. 
For  the  compensation  of  certain 
public  employees  for  injuries  sus- 
tained in  the  course  of  their  em- 
ployment, for  the  years  nineteen 
hundred  and  forty-four  and  nine- 
teen hundred  and  forty-five  and 
for  previous  years,  as  provided 
by  section  sixty-nine  of  chapter 
one  hundred  and  fifty-two  of  the 
General  Laws,  to  be  in  addition 
to  the  amounts  appropriated  by 
item  2820-04  .... 


$55,000  00  $55,000  00 


The  Following  Appropriations  are  Made  from  the  Port  of  Boston 

Fund: 


3131-01 


3131-02 


3131-03 


3131-04 


3132-02 


3132-04 


3132-11 
3132-12 


3132-14 


Service  of  the  Department  of  Public  Works. 

Administration: 
For  the  salaries  of  the  commissioner 

and  the  associate  commissioners, 

to  be  in  addition  to  the  amounts 

appropriated  in  item  2921-01     . 
For  personal  services  of  clerks  and 

assistants  to  the  commissioner, 

to  be  in  addition  to  the  amounts 

appropriated  in  item  2921-02     . 
For  traveling  expenses  of  the  com- 
missioners, to  be  in  addition  to 

the    amounts    appropriated    in 

item  2921-03  .... 
For  telephone  service  in  the  public 

works  building,  to  be  in  addition 

to  the  amounts  appropriated  in 

item  2921-04  .... 


Totals  .... 

Functions  of  the  department  re- 
lating to  Port  of  Boston: 

For  the  supervision  and  operation 
of  commonwealth  pier  five,  in- 
cluding not  more  than  forty  per- 
manent positions,  and  for  the 
repair  and  replacement  of  equip- 
ment and  other  property  . 

For  the  construction  of  railroads 
and  piers  and  for  the  develop- 
ment of  certain  land 

(This  item  omitted.) 

For  the  maintenance  and  improve- 
ment of  commonwealth  property 
under  the  control  of  the  depart- 
ment in  connection  with  its  func- 
tions relating  to  waterways  and 
public  lands     .... 

For  personal  services  and  other  ex- 
penses of  the  cost  of  operating 
the  East  Boston  airport,  so- 
called      ..... 

Totals  .... 


$4,875  00 


1,915  00 


400  00 


6,500  00 


$80,000  00 


2,000  00 


70,000  00 


43,000  00 


$4,875  00 


1,930  00 


400  00 


6,500  00 


$13,690  00  $13,705  00 


$80,000  00 
2,000  00 

70,000  00 
43,000  00 


$195,000  00        $195,000  00 


450  Acts,  1943.  —  Chap.  370. 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

Boston  Port  Authority. 

3134-01  For  reimbursement  of  the  city  of 
Boston  for  a  part  of  the  cost 
of  the  Boston  Port  Authority,  as 
authorized  by  chapter  four  hun- 
dred and  fifty-three  of  the  acts 
of  nineteen  hundred  and  thirty- 
eight        $26,000  00  $26,000  00 

The  Following  Appbopriations  are  Payable  from  Fees    Collected 
UNDER  Section  27  of  Chapter  138  of  the  General  Laws: 

Service  of  Old  Age  Assistance  Administration. 

3621  For  personal  services  required  for 

the  administration  of  old  age 
assistance  provided  by  chapter 
one  hundred  and  eighteen  A  of 
the  General  Laws,  including  not 
more  than  fifty-four  permanent 
positions  ....        $85,000  00  $86,000  00 

3622  For  other  expenses,  including  rent, 

travel,  office  supplies  and  other 
necessary  expenses,  required  for 
the  administration  of  old  age 
assistance  provided  bv  said  chap- 
ter one  hundred  and  eighteen  A  .  12,500  00  12,500  00 


Totals  ....        $97,500  00  $98,500  00 

The  Following  Appropriation  is  Payable  from  the  Mosquito  Con- 
trol Fund: 

State  Reclamation  Board. 

3901  For  the  maintenance  and  construc- 

tion of  drainage  ditches,  as  au- 
thorized by  chapter  three  hun- 
dred and  seventy-nine  of  the  acts 
of  nineteen  hundred  and  thirty 
as  amended  by  section  one  of 
chapter  two  hundred  and  fifty 
of  the  acts  of  nineteen  hundred 
and  thirty-five,  except  that  the 
amount  so  assessed  shall  not  ex- 
ceed thirty-seven  thousand  one 
hundred  eighty-four  dollars  and 
forty-eight  cents  in  each  of  the 
calendar  years  nineteen  hundred 
and  forty-three  and  nineteen 
hundred  and  forty-four      .  .        $37,184  48  $37,184  48' 


The    Following  Appropriations  are   Payable    from    the   Parks   and 
Salisbury  Beach  Reservation  Fund: 

Division  of  Parks  and  Recreation. 

4011  For  personal  services  for  certain 

administrative  purposes  and  for 
certain  consulting  services,  in- 
cluding not  more  than  six  per- 
manent positions       .  .  .        $22,780  00  $22,840  00 


Acts,  1943.  — Chap.  370.  451 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

4012  For  travel  and  other  administra- 

tive expenses,  including  supplies 

for  reservation  improvements     .  $5,500  00  $5,500  00 

4013  For    the    development    of   recrea- 

tional    opportunities     in     state 
forests,  including  personal  serv- 
ices and  other  expenses      .  .  27,300  00  27,300  00 
4021           For  the  maintenance  of  the  Stan- 
dish  monument  reservation         .            2,000  00  2,000  00 

Salisbury  Beach  Reservation: 

4031  For  the  maintenance  of  Salisbury 
beach  reservation,  including  not 
more  than  one  permanent  posi- 
tion          17,000  00  17,000  00 

4037  (This  item  omitted.) 


Totals  ....        $74,580  00  $74,640  00 

The  Following  Appropriations  are  Payable  from  the  Smoke  Inspec- 
tion Fund: 
Division  of  S7noke  Inspection. 

4311  For    personal    services,    including 

not  more  than  thirteen  i^erma- 

nent  positions  .  .  .        $27,420  00  $27,540  00 

4312  For  other  services,  printing  the  an- 

nual report,  travel,  and  neces- 
sary office  supplies  and  equip- 
ment        2,800  00  2,600  00 


Totals  ....        $30,220  00  $30,140  00 

The  Following  Appropriations  are  Payable  from  the  Prison  Indus- 
tries Fund: 
The   following    amounts    appro- 
priated in   Items  4411,   4511, 
4611  and  4711  include,  in  each 
instance,     partial     compensa- 
tion of  not  more  than  seven 
additional  permanent  employ- 
ees in  industries  at  the  State 
Prison : 
4411           For  salaries  of  persons  employed 
in  industries  at  the  Massachu- 
setts     Reformatory,      including 
not  more  than   twenty-six  per- 
manent positions       .           .           .        $55,000  00  $55,500  00 
4511           For  salaries  of  persons  employed 
in  industries  at  the  Reformatory 
for  Women,  including  not  more 
than   thirteen   permanent   posi- 
tions         27,146  00  27,386  00 

4611  For  salaries  of  persons  employed 

in  industries  at  the  State  Prison, 
including  not  more  than  thirty- 
seven  permanent  positions  .  84,000  00  84,500  00 
4711  For  salaries  of  persons  employed 
in  industries  at  the  State  Prison 
Colony,  including  not  more  than 
sixteen  permanent  positions        .          43,146  00            44,766  00 


Totals  ....      $209,292  00       $212,152  00 


452  Acts,  1943.  —  Chap.  370. 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  194.3.  1944. 

Metropolitan  District  Commission  Funds. 
The  following  appropriations  are 
for  the  fiscal  year  ending 
November  thirtieth,  nineteen 
hundred  and  forty-three,  and 
for  the  fiscal  year  ending 
November  thirtieth,  nineteen 
hundred  and  forty-four,  or  for 
such  other  period  as  may  be 
specified,  and  are  to  be  as- 
sessed upon  the  several  dis- 
tricts in  accordance  with  the 
methods  fixed  by  law,  unless 
otherwise  provided,  and  to  be 
expended  under  the  direction 
and  with  the  approval  of  the 
metropolitan  district  commis- 
sion: 
8602-00  For  maintenance  of  parks  reserva- 
tions, including  the  retirement 
of  veterans  under  the  provisions 

of  the  General  Laws  .  .      $645,019  00        $631,765  00 

8602-27  For  the  cost  of  suppressing  gypsy 
moths,  including  certain  equip- 
ment, to  be  assessed  as  part  of 
the  cost  of  maintenance  of  parka 
reservations,  and  the  amount 
herein  appropriated  for  the  year 
nineteen  hundred  and  forty-four 
is  in  addition  to  the  amount  ap- 
propriated for  the  year  nineteen 

hundred  and  forty-three  .  .  5,000  00  5,000  00 
8602-31  For  the  cost  of  certain  research 
plans  and  studies  regarding  the 
Neponset  river  valley,  to  be  as- 
sessed as  part  of  the  cost  of 
maintenance  of  parks  reserva- 
tions         2,500  00 

8607-00     For   maintenance   of   the   Charles 
River    basin,    including    retire- 
ment of  veterans  under  the  pro- 
visions of  the  General  Laws       .        165,797  00  154,203  00 
8611-00     For  maintenance  of  the  Nantasket 

Beach  reservation  .  .  .  59,293  00  58,185  00 
8611-22  For  the  cost  of  certain  repairs  for 
shore  protection  at  the  Nan- 
tasket Beach  reservation,  to  be 
in  addition  to  any  amount  here- 
tofore appropriated  for  the  pur- 
pose          5,000  00 

8802-00  For  the  maintenance  and  operation 
of  a  system  of  sewage  disposal 
for  the  north  metropolitan  sew- 
erage district,  including  retire- 
ment of  veterans  under  the  pro- 
visions of  the  General  Laws  .  465,305  00  459,080  00 
8802-23  For  the  cost  of  building  a  certain 
roadway  for  the  trucking  of  coal 
at  the  Deer  Island  pumping  sta- 
tion, to  be  assessed  as  part  of 
the  cost  of  maintenance  of  the 
north  metropolitan  sewerage  sys- 
tem          10,000  00 


Acts,  1943. —  Chap.  370. 


453 


Item 
8807-00 


8902-00 


8902-22 


8902-24 


8902-25 


8902-27 


8902-28 


8902-29 


For  the  maintenance  and  operation 
of  a  system  of  sewage  disposal 
for  the  south  metropolitan  sew- 
erage district,  including  retire- 
ment of  veterans  under  the  pro- 
visions of  the  General  Laws 

For  the  maintenance  and  operation 
of  the  metropolitan  water  sys- 
tem, including  retirement  of  vet- 
erans under  the  provisions  of  the 
General  Laws  .     •     . 

For  emergency  repairs  to  water 
mains,  to  be  assessed  as  a  part 
of  the  cost  of  maintenance  of  the 
metropolitan  water  system,  and 
the  amount  herein  appropriated 
for'  the  year  nineteen  hundred 
and  forty-four  is  in  addition  to 
the  amount  appropriated  for  the 
year  nineteen  hundred  and  forty- 
three        ..... 

For  payment  to  the  commissioners 
of  Worcester  county  of  certain 
assessments  upon  the  former 
town  of  Dana,  to  be  assessed 
as  a  part  of  the  cost  of  mainte- 
nance of  the  metropolitan  water 
system    ..... 

For  personal  services  of  metropoli- 
tan district  police  at  the  Quab- 
bin  reservoir,  so-called,  includ- 
ing not  more  than  ten  permanent 
positions,  to  be  assessed  as  a  part 
of  the  cost  of  maintenance  of  the 
metropolitan  water  system 

For  certain  repairs  to  the  building 
containing  the  chlorinating  ap- 
paratus at  Weston,  to  be  assessed 
as  a  part  of  the  cost  of  mainte- 
nance of  the  metropolitan  water 
system    ..... 

For  personal  services  of  metro- 
politan district  police  and  other 
employees  engaged  in  guarding 
locations  on  the  metropolitan 
water  system,  to  be  assessed  as 
a  part  of  the  cost  of  mainte- 
nance of  the  metropolitan  water 
system;  provided,  that  if  the 
police  at  present  assigned  to  this 
duty  shall  return  to  their  former 
stations  the  cost  of  their  salaries 
shall  then  be  charged  to  the  ap- 
propriate funds,  as  provided  by 
law  ..... 

For  other  expenses  of  metropolitan 
district  police  and  other  em- 
ployees engaged  in  guarding 
locations  on  the  metropolitan 
water  system,  to  be  assessed  as 
a  part  of  the  cost  of  maintenance 
of  the  metropolitan  water  sys- 
tem; provided,  that  if  the  poUce 


Appropiiation     Appropriation 

Fiscal  Year  Fiscal  Year 

1943.  1944. 


$331,945  00   $324,905  00 


1,071,815  00   1.050,093  00 


5,000  00 


5,000  00 


745  48 


327  00 


22,750  00 


2,000  00 


22,700  00 


276,300  00 


271,474  00 


454 


Acts,  1943.  —  Chap.  370. 


Item 


Appropriation 

Fiscal  Year 

1943. 


Appropriation 

Fiscal  Year 

1944. 


8902-32 
8902-34 


at  present  assigned  to  this  duty 
shall  return  to  their  former  sta- 
tions the  cost  of  their  expenses 
shall  then  be  charged  to  the  ap- 
propriate funds,  as  provided  by 
law  .  .  .  .  . 

(This  item  omitted.) 

For  the  construction  of  additions 
and  improvements  to  certain 
supply  and  distribution  mains, 
as  a  part  of  the  cost  of  mainte- 
nance of  the  metropolitan  water 
system,  to  be  in  addition  to  any 
unexpended  balance  of  an  appro- 
priation made  for  the  purpose 
in  the  previous  years 

For  maintenance  expenses,  includ- 
ing personal  services,  of  prop- 
erty held  and  operated  by  the 
metropolitan  water  supply  com- 
mission, to  be  assessed  as  a  part 
of  the  cost  of  maintenance  of  the 
metropolitan  water  system 

Totals 


General  Fund  .... 

Highway  Fund  .... 

Port  of  Boston  Fund 

Old  Age  Assistance  Fund,  administration 

Special  Assessment  Funds 

Prison  Industries  Fund 

Metropolitan  District  Commission  Funds 


$13,600  00  $13,600  00 


8902-35 


161,000  00 


176,000  00 


133,000  00 

143,000  00 

.  $3,376,069  48 

$3,315,332  00 

$58,405,412  65  $56,570,821  76 

.  16,367,948  44 

10,649,217  16 

234,690  00 

234,705  00 

97,500  00 

98,500  00 

141,984  48 

141,964  48 

209,292  00 

212,152  00 

.  3,676.069  48 

3,615,332  00 

Section  3.  No  payment  shall  be  made  or  obligation  in- 
curred under  authority  of  any  special  appropriation  made  by 
this  act  for  construction  of  public  buildings  or  other  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  traveling  which  is  in  excess  of  one  dollar  and  twenty-five 
cents.  Nothing  herein  contained  shall  apply  to  state  em- 
ployees 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,  exceeds  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. 


Acts,  1943.  —  Chap.  370.  455 

Nothing  herein  contained  shall  be  construed  as  preventing 
a  department  from  approving  allowances  for  meals,  not  ex- 
ceeding two  dollars  and  fifty  cents  in  any  one  day,  for  its 
employees  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  im- 
mediately following  the  passage  of  this  act. 

Section  7.  All  money  paid  into  the  treasury  of  the  com- 
monwealth from  federal  subventions  and  grants  may  be 
expended  without  specific  appropriation,  if  such  expendi- 
tures are  otherwise  in  accordance  with  law.' 

Section  8.  The  state  treasurer  is  hereby  authorized  and 
directed  to  charge  off  from  the  accounts  of  deposits  hereto- 
fore made  with  certain  banks  now  closed  the  sum  of  three 
hundred  thousand  dollars  in  the  year  nineteen  hundred  and 
forty-four  and  the  sum  of  three  hundred  thousand  dollars 
in  the  year  nineteen  hundred  and  forty-five* 

Section  9.  To  provide  in  part  for  meeting  the  cost  of  in- 
creasing the  salaries  of  employees  in  the  service  of  the  com- 
monwealth, as  authorized  by  chapter  one  hundred  and  sev- 
enty of  the  acts  of  the  current  year,  the  sum  of  three  million 
five  hundred  thousand  dollars  in  the  General  Fund  and  the 
sum  of  five  hundred  thousand  dollars  in  the  Highway  Fund 
are  hereby  appropriated  in  each  of  the  years  nineteen  hun- 
dred and  forty-four  and  nineteen  hundred  and  forty-five, 
and  the  sum  of  three  hundred  thousand  dollars  in  the  Metro- 
politan District  Funds  for  each  of  the  years  nineteen  hun- 
dred and  forty-three  and  nineteen  hundred  and  forty-four. 
The  governor,  with  the  approval  of  the  council,  and  upon 
recommendation  of  the  commission  on  administration  and 
finance,  is  hereby  authorized  to  transfer  the  said  sums  to 
items  of  appropriation  in  section  two  of  this  act  which  are 
available  in  whole  or  in  part  for  personal  services.  For  the 
purpose  aforesaid,  the  governor,  with  the  approval  of  the 
council,  and  upon  recommendation  of  the  commission  on 
administration  and  finance  is  hereby  authorized  to  transfer 
between  items  of  appropriation  in  section  two  of  this  act 
which  are  available  in  whole  or  in  part  for  personal  services. 

Section  10.  To  provide  for  divers  emergency  expendi- 
tures which  may  be  necessary  to  meet  any  emergency  which 
may  arise  by  reason  of  the  exigencies  of  the  existing  state 
of  war  and  to  meet  deficiencies  in  existing  appropriations,, 
there  may  be  expended  under  the  direction  of  the  governor 
sums  not  exceeding  seven  million  dollars  in  the  aggregate, 
and  for  said  purposes  there  is  hereby  appropriated  from  the 


456  Acts,  1943.  —  Chap.  371. 

General  Fund  the  sum  of  two  million  dollars  and  from  the 
Highway  Fund  the  sum  of  two  million  dollars  which  amounts 
shall  be  available  for  expenditure  on  and  after  July  first  in 
the  current  year,  and  said  amounts,  together  with  any  un- 
expended balance  remaining  from  the  funds  previously  pro- 
vided under  chapter  eighteen  of  the  acts  of  nineteen  hun- 
dred and  forty-two,  are  to  be  credited  on  the  books  of  the 
commonwealth  to  a  fund  to  be  known  as  the  War  Emer- 
gency Fund.  All  expenditures  hereinbefore  referred  to  shall 
be  subject  to  the  approval  of  the  council.  Requests  for  any 
such  expenditures  shall  be  referred  by  the  governor  to  the 
commission  on  administration  and  finance,  which,  after  in- 
vestigation of  the  need  of  such  expenditure,  shall  forthwith 
submit  to  the  governor  its  written  recommendation  of  the 
amount  of  funds  required,  together  with  pertinent  facts  rela- 
tive thereto.  All  expenditures  authorized  under  this  section 
and  the  employment  of  persons  whose  positions  have  been 
created  by  reason  of  money  made  available  by  this  section 
shall  cease  not  later  than  thirty  days  after  the  governor, 
with  the  advice  and  consent  of  the  council,  shall  have  pro- 
claimed that  the  existing  emergency  has  ended,  and  no  new 
obligations  may  be  authorized  after  January  third,  nineteen 
hundred  and  forty-five. 

Section  11.  The  governor,  upon  recommendation  of  the 
commission  on  administration  and  finance  and  with  the 
approval  of  the  council,  may  make  allocations  by  transfer 
or  otherwise  from  the  unexpended  balances  of  appropria- 
tions for  the  fiscal  years  ending  June  thirtieth,  nineteen 
hundred  and  forty-four  and  June  thirtieth,  nineteen  hundred 
and  forty-five,  respectively,  contained  in  appropriation  items 
of  this  act  and  of  any  subsequent  appropriation  act  passed 
in  the  current  year,  for  use  for  meeting  in  whole  or  in  part 
the  expenditures  referred  to  in  section  ten  and  also  for  set- 
ting up  such  reserves  as  are  deemed  necessary  to  compen- 
sate for  shrinkage  in  estimated  revenue.  In  determining 
the  items  from  which  allocations  are  to  be  made,  considera- 
tion shall  be  given  to  the  necessity  of  the  expenditures 
authorized  bj^  such  items  in  relation  to  the  defense  of  the 
commonwealth  and  its  participation  in  the  conduct  of  the 
war. 

Section  12.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  1,  1943. 

Chap. S71  An  Act  relative  to  the  office  of  city  auditor  of  the 

CITY    OF    LOWELL    AND    TO    THE    PRESENT    INCUMBENT    OF 
SAID    OFFICE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  any  gen- 
eral law  or  any  special  act  relating  to  the  cit}^  of  Lowell,  the 
office  of  city  auditor  of  the  city  of  Lowell,  which  was  placed 
under  the  civil  service  laws  by  chapter  one  hundred  and 
seventy-eight  of  the  acts  of  nineteen  hundred  and  thirty- 


Acts,  1943.  —  Chap.  372.  457 

eight,  shall  continue  thereunder  when  plan  E,  so  called, 
takes  effect  in  said  city,  and  thereafter,  and  the  tenure  of 
office  of  Daniel  E.  Martin,  the  present  incumbent  of  said 
office,  shall  be  unlimited,  subject,  however,  to  said  laws,  and 
said  Daniel  E.  Martin  may  continue  in  said  office  without 
taking  a  civil  service  examination. 

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

Approved  June  1,  1943. 

An   Act   temporarily   authorizing   the   issuance   and  Qhn^  379 

USE     BY     certain     INSURANCE  '  COMPANIES     OF    RENEWAL         ,     ^' 
CERTIFICATES,      RENEWAL      AGREEMENTS      AND      RENEWAL 
RECEIPTS. 

Whereas,  Owing  to  the  lack  of  manpower  due  to  the 
emergency  caused  by  the  existing  state  of  war,  as  well  as  the 
temporaiy  shortage  of  material  and  resources  caused  thereby, 
it  is  necessary  to  conserve  the  material  and  resources,  clerical 
and  otherwise,  of  insurance  companies  authorized  to  trans- 
act business  within  the  commonwealth,  and  the  deferred 
operation  of  this  act  would  in  part  tend  to  defeat  its  purpose, 
which  is  to  make  immediately  available  the  relief  offered  by 
its  terms,  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  1.  Any  company,  as  such  term  is  defined  in 
chapter  one  hundred  and  seventy-five  of  the  General  Laws, 
may  issue  and  use  renewal  certificates,  renewal  agreements 
and  renewal  receipts,  or  any  of  them,  anything  in  chapter 
ninety,  chapter  one  hundred  and  fifty-two  and  chapter  one 
hundred  and  seventy-five  of  the  General  Laws  to  the  con- 
trary notwithstanding.  The  commissioner  of  insurance  may 
require  such  a  company  to  submit  for  his  inspection  forms  of 
renewal  certificates,  renewal  agreements  and  renewal  receipts, 
or  applications  used  in  connection  therewith,  issued  or  used, 
or  to  be  issued  or  used,  by  it  in  relation  to  policies  subject  to 
section  one  hundred  and  ninety-one  of  said  chapter  one  hun- 
dred and  seventy-five.  All  provisions  of  general  law  relative 
to  the  filing  of  policy  forms  with,  and  the  approval  of  such 
forms  by,  said  commissioner  shall  also  apply  to  all  renewal 
certificates,  renewal  agreements  and  renewal  receipts  issued 
or  used  in  connection  with  such  policy  forms,  and  applica- 
tions used  in  connection  therewith. 

Section  2.  This  act  shall  cease  to  be  effective  upon  the 
termination  of  the  existmg  state  of  war  between  the  United 
States  and  any  foreign  country,  or  upon  July  first  in  the  year 
nineteen  hundred  and  forty-five,  whichever  is  the  earlier 
date.  .  Approved  June  1,  1943. 


458 


Acts,  1943.  —  Chap.  373. 


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


Procedure 
for  collection 
of  interest 
or  penalties. 


Chap.S7d  An   Act   relative   to   court   proceedings   to   enforce 

PAYMENTS   OF    CONTRIBUTIONS,   INTEREST    AND    PENALTIES 
UNDER   THE    EMPLOYMENT   SECURITY   LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  fifteen  of  chapter  one  hundred  and  fifty-one  A  of 
the  General  Laws,  as  appearing  in  section  one  of  chapter  six 
hundred  and  eighty-five  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)  In  any  case  based  upon  a  return  by  an  employer,  in 
addition  to  any  other  remedy  provided  b}^  law  the  director 
may  file  in  a  district  court  within  the  judicial  district  of 
which  the  employer  hereinafter  referred  to  lives  or  has  a 
usual  place  of  business  a  petition  for  entry  of  judgment 
against  an  employer  in  default  in  any  payment  of  contribu- 
tions, interest  or  penalties  assessed  in  lieu  thereof  provided 
by  this  chapter.  At  least  twenty  days  prior  to  fihng  such 
petition  the  director  shall  send  by  registered  mail  to  such 
employer  a  written  notice,  addressed  to  him  at  his  last 
known  residence  or  place  of  business.  Such  notice  shall 
state  (a)  the  name  and  address  of  such  employer,  (6)  the 
amount  for  which  the  director  alleges  he  is  in  default  in  the 
payment  of  contributions,  interest  or  penalties,  as  the  case 
may  be,  and  to  what  date,  (c)  the  name  and  location  of  the 
district  court  in  which  said  petition  will  be  filed  and  the 
date,  which  shall  be  a  regular  return  day  of  said  court,  (d) 
that  the  director  has  complied  with  all  the  provisions  of 
this  chapter  in  relation  to  the  computation  and  levy  of  said 
contributions,  interest  or  penalty,  as  the  case  may  be,  and 
(e)  that  judgment  will  be  entered  against  such  employer  by 
said  court  for  the  total  amount  alleged  in  said  notice,  with 
interest,  unless  said  employer  within  the  time  (which  shall 
be  specified  in  the  notice)  allowed  in  that  court  for  filing 
an  answer  in  an  action  of  contract  brings  an  assignment  of 
error  in  said  proceeding,  stating  specifically  sufficient  rea- 
sons why  such  judgment  should  not  be  entered,  and  re- 
quests the  court  to  issue  an  order  of  notice  to  the  director 
thereon.  Such  order  of  notice,  with  a  copy  of  the  assign- 
ment of  error,  shall  be  served  upon  the  director  by  registered 
mail  or  by  an  officer  qualified  to  serve  civil  process. 

A  general  denial  of  the  allegations  of  the  director's  peti- 
tion shall  not  constitute  a  sufficient  assignment  of  error  for 
the  issuance  by  the  court  of  an  order  of  notice  thereon,  and 
the  employer  shall  not  avail  himself  of  any  defense  in  mat- 
ters of  fact  which  he  had  adequate  opportunity  to  present 
to  the  director.  The  director's  petition,  when  filed  in  the 
district  court,  shall  be  accompanied  by  a  copy  of  the  notice 
mailed  by  the  director  to  the  employer  and  the  registered 
mail  return  receipt  received  in  reply  thereto.  If  no  sufficient 
assignment  of  error  is  brought  by  the  employer  within  the 


Acts,  1943. —  Chap.  374.  459 

time  above  specified,  he  shall  be  defaulted  and  judgment 
shall  be  entered  against  him  for  the  amount  alleged  due  in 
the  petition,  with  interest  from  the  date  to  which  interest 
was  computed  in  said  petition,  and  execution  issued  there- 
for as  in  other  civil  cases.  If  a  sufficient  assignment  of  error 
is  seasonably  brought  by  the  employer  and  an  order  of 
notice  served  thereon  the  case  shall  be  ripe  for  hearing,  and 
such  employer  desiring  to  place  the  case  on  the  trial  list 
shall  do  so  within  forty-five  daj^s  thereof  and  shall  give 
notice  thereof  by  registered  mail  to  all  other  parties  entitled 
to  be  heard,  and  their  attorneys,  and  shall  also,  at  least 
fourteen  days  before  the  trial  day,  file  with  the  clerk  of  such 
district  court  a  request  that  the  case  be  placed  upon  the 
trial  list,  together  with  a  certificate  of  the  service  of  such 
notice.  Failure  bj^  the  employer  to  request  a  hearing  within 
said  period  of  forty-five  daj^s  shall  be  deemed  a  waiver 
thereof.  A  default  shall  thereupon  be  recorded  and  judg- 
ment shall  be  entered  by  the  clerk  under  the  general  orders 
of  the  court  as  to  judgments  on  default.  At  the  hearing  on 
the  assignment  of  error  the  court  shall  inquire  only  whether 
the  director  acted  within  his  jurisdiction  and  whether  his 
action  was  founded  on  evidence  and  free  from  any  error  of 
law  affecting  substantial  rights.  If  the  court  is  in  doubt  as 
to  whether  the  employer  has  received  proper  notice,  it  may 
order  such  further  notice  as  it  deems  proper.  If  the  defense 
raised  by  the  employer  is  not  meritorious,  the  court  may 
impose  additional  costs  against  the  employer.  The  petition 
and  the  assignment  of  error  may,  upon  motion,  be  amended 
by  leave  of  the  court.  Approved  June  1,  1943. 

An  Act  changing  the  practice  with  respect  to  peti-  Chap.S74: 

TIONS    FOR    certiorari    AND    FOR    MANDAMUS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  four  of  chapter  two  hundred  ^-^^d  g^l.  ^tw. 
forty-nine  of  the  General  Laws,  as  appearing  m  the  Ter-  amended.' 
centenary  Edition,  is  hereby  amended  by  inserting  after 
the  first  sentence  the  following :  —  It  shall  be  open  to  the 
petitioner  to  contend  at  the  hearing  upon  the  petition  that 
the  evidence  which  formed  the  basis  of  the  action  complained 
of  or  the  basis  of  any  specified  finding  or  conclusion  was  as 
matter  of  law  insufficient  to  warrant  such  action,  finding  or 
conclusion,  —  and  by  striking  out,  in  the  fifth  line,  the  word 
"six"  and  inserting  in  place  thereof  the  word:  —  two, — 
so  as  to  read  as  follows :  —  Section  4-     A  petition  for  a  Petition  for 
writ  of  certiorari  to  correct  errors  in  proceedings  which  are  decreJand costs. 
not  according  to  the  course  of  the  common  law  may  be 
presented  to  a  justice  of  the  supreme  judicial  court,  and  he 
may,  after  notice,  hear  and  determine  the  same.     It  shall 
be  open  to  the  petitioner  to  contend  at  the  hearing  upon 
the  petition  that  the  evidence  which  formed  the  basis  of 
the  action  complained  of  or  the  basis  of  any  specified  finding 


460 


Acts,  1943.  —  Chap.  374. 


G.  L.  (Ter. 
Ed.),  249, 
§  5,  etc., 
amended. 


Writ  of 
mandamus. 


Notice,  pro- 
cedure, etc. 


G.  L.  (Ter. 
Ed.),  213,  §  3, 
amended. 


or  conclusion  was  as  matter  of  law  insufficient  to  warrant 
such  action,  finding  or  conclusion.  The  writ  shall  not  be 
issued  unless  the  petition  therefor  is  presented  within  two 
years  next  after  the  proceedings  complained  of.  It  may  be 
issued  from  the  clerk's  office  in  any  county  and  shall  be 
returnable  as  the  court  orders.  The  court  at  any  time 
after  the  petition  is  presented  may  impose  costs  upon  any 
party,  may  issue  an  injunction  and  may  order  the  proceed- 
ings brought  up;  and,  after  they  are  brought  up,  may  quash 
or  affirm  them,  or  may  make  such  order,  judgment  or  decree 
as  law  and  justice  may  require. 

Section  2.  Section  five  of  said  chapter  two  hundred 
and  forty-nine,  as  amended  by  chapter  two  hundred  and 
two  of  the  acts  of  nineteen  hundred  and  thirty-eight,  is 
hereby  further  amended  by  striking  out  the  second  sentence 
and  inserting  in  place  thereof  the  two  following  sentences :  — - 
Upon  the  return  of  the  order  of  notice,  the  person  required 
to  appear  shall  file  an  answer  showing  cause  why  the  writ 
should  not  issue,  and  the  petitioner  may  demur  thereto. 
Unless  a  demurrer  is  filed  any  affirmative  allegation  con- 
tained in  the  answer  shall  be  considered  to  be  denied  by 
the  petitioner  without  a  replication,  unless  the  court,  upon 
motion  by  the  respondent,  requires  him  to  reply  thereto, 
and  to  state  what  part,  if  any,  he  admits  or  denies,  —  so 
as  to  read  as  follows :  —  Section  5.  A  petition  for  a  writ  of 
mandamus  may  be  presented  to  a  justice  of  the  supreme 
judicial  court,  and  he  may,  after  notice,  hear  and  determine 
the  same.  Upon  the  return  of  the  order  of  notice,  the  person 
requii'ed  to  appear  shall  file  an  answer  showing  cause  why 
the  writ  should  not  issue,  and  the  petitioner  may  demur 
thereto.  Unless  a  demurrer  is  filed  any  affirmative  allega- 
tion contained  in  the  answer  shall  be  considered  to  be  denied 
by  the  petitioner  without  a  replication,  unless  the  court, 
upon  motion  by  the  respondent,  requires  him  to  reply 
thereto,  and  to  state  what  part,  if  any,  he  admits  or  denies. 
The  court  may  require  a  third  person  who  has  or  claims  a 
right  or  interest  in  the  subject  matter  to  appear  and  answer 
and  to  stand  as  the  real  party.  If  the  respondent  is  the 
holder  of  a  public  office  and  pending  the  determination  of 
the  cause  he  ceases  to  hold  that  office,  the  court  in  its  dis- 
cretion may,  after  notice,  allow  an  amendment  to  substitute 
his  successor  in  office  as  a  party  respondent.  If  the  peti- 
tioner prevails,  his  damages  shall  be  assessed  and  judgment 
shall  be  rendered  therefor,  with  costs,  and  for  a  peremptory 
writ  of  mandamus;  otherwise,  the  party  answering  shall 
recover  costs  of  the  petitioner.  No  action  shall  be  main- 
tained for  a  false  answer.  All  writs  and  processes  may  be 
issued  from  the  clerk's  office  in  any  county  and  shall  be 
returnable  as  the  court  orders. 

Section  3.  Section  three  of  chapter  two  hundred  and 
thirteen  of  the  General  Laws,  as  appearing  in  the  Tercente- 
nary Edition,  is  hereby  amended  by  inserting  after  clause 


Acts,  1943.  —  Chap.  375.  461 

"Tenth  A"   the  following  clause:  —  Tenth   B,   Specifying  Rules  as  to 
the  means  whereby  at  a  hearing  upon  a  petition  for  certio-  '^f^'t'o^'^". 
rari  the  evidence  adduced  before  the  respondent  shall  be 
exhibited  to  the  court. 

Section  4.     Said  chapter  two  hundred   and  thirteen  is  g.  l.  (Ter. 
hereby  further  amended  by  inserting  after  section  one  B,  ^ew'§ffc 
inserted  by  section  one  of  chapter  two  hundred  and  fifty-  and  id, 
seven  of  the  acts  of  nineteen  hundred  and  thirty-nine,  the  ^    ^  ■ 
two  following  sections:  —  Section  IC.     The  supreme  judicial  Amendnient 

,  •  -  iri^i-Jii  °'  petitions  for 

or  the  superior  court  may,  before  nnal  judgment,  and  upon  certiorari  or 
terms,  allow  an  amendment  changing  a  petition  for  a  writ  '"^"'^^'""s. 
of  certiorari  into  a  petition  for  a  writ  of  mandamus,  or  a 
petition  for  a  writ  of  mandamus  into  a  petition  for  a  writ  of 
certiorari,  if  it  is  necessary  to  enable  the  plaintiff  to  sustain 
the  proceeding  for  the  cause  for  which  it  was  intended  to 
be  brought.  The  court  in  which  the  amendment  is  allowed 
may  retain  jurisdiction  of  the  cause  as  amended. 

Section  ID.     A   person   aggrieved   by   a   final   judgment  Appeals  in 
rendered  by  a  single  justice  of  the  supreme  judicial  court  aOTari°or'^'^ 
or  by  the  superior  court  upon  a  petition  for  a  writ  of  certiorari  nmndamus. 
or  a  writ  of  mandamus  may  appeal  therefrom  to  the  full 
court  of  the  supreme  judicial  court.     Upon  such  appeal  all 
questions,  whether  of  fact,  of  law  or  of  discretion,  which 
were  open  at  the  hearing  before  the  single  justice  or  before 
the  superior  court,  as  the  case  may  be,  shall  be  open  to  the 
same  extent  as  before  such  justice  or  court.     The  appeal 
shall  be  subject  to  the  provisions  of  sections  nineteen  and 
twenty-two  to  twenty-eight,  inclusive,  of  chapter  two  hun- 
dred and  fourteen  relative  to  appeals  in  equity  suits,  so  far 
as  applicable.  Approved  June  1,  1943. 

An  Act  providing  for  the  inclusion  of  accident  bene-  Chap. 37 5 

FITS   IN    certain   LIABILITY    INSURANCE    POLICIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,    Chapter  one  hundred  and  seventy-five  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  inserting  after  section  new  §  liic, 
one  hundred  and  eleven  B,  as  appearing  in  the  Tercentenary  added. 
Edition,  the  following  section:  —  Section  lllC.     A  policy  inclusion  of 
of  insurance  issued  under  subdivision  (6)  of  clause  Sixth  of  "xptnse'in  ^" 
section  forty-seven  affording  insurance  against  legal  liability  certain  policies. 
for  loss  or  damage  on  account  of  the  bodily  injury  or  death  of 
any  person  may  also  insure,  or  an  endorsement  or  rider  may 
be  attached  thereto  to  insure,  any  person  including  the 
named  insured  under  the  policy  in  respect  to  medical,  sur- 
gical, ambulance,  hospital,  professional  nursing  and  funeral 
expenses  on  account  of  the  bodily  injury  or  death  of  any  per- 
son including  the  named  insured.    The  provisions  of  sections 
one  hundred  and  eight  and  one  hundred  and  nine  shall  not 
apply  to  any  such  policy  or  any  endorsement  or  rider  pro- 
viding for  any  or  all  of  the  benefits  permitted  by  this  section. 

Section  2.    Section  one  hundred  and  ninety-two  of  said  g^Vm  H92 

amended. 


462  Acts,  1943. —  Chaps.  376,  377. 

chapter  one  hundred  and  seventy-five,  as  so  appearing,  is 
hereby  amended  by  adding  at  the  end  the  following  sen- 
^dersjo^cer-  ^encc :  —  All  such  provisions  of  law  shall  also  apply  to  all 
forms  of  riders  or  endorsements,  designed  to  be  attached  to 
motor  vehicle  liability  policies  as  defined  in  section  thirty- 
four  A  of  chapter  ninety,  providing  for  additional  coverage 
permitted  by  section  one  hundred  and  eleven  C. 

Approved  June  1,  1943. 


Chap.S7Q  An  Act  placing  under  civil  service  certain  employees 

OF   THE   STATE    FARM. 

Be  it  enacted,  etc.,  as  follows: 

All  employees  of  the  state  farm  on  the  effective  date  of 
this  act,  except  those  specifically  exempted  from  civil  service 
by  section  four  of  chapter  thirty-one  of  the  General  Laws, 
who  were  employed  on  or  after  September  fourth,  nineteen 
hundred  and  forty-one  and  prior  to  November  third  in  said 
year,  and  who  at  all  times  between  the  date  of  their  employ- 
ment and  the  effective  date  of  this  act  have  been  employees 
of  the  state  farm,  may  continue  to  serve  in  their  respective 
positions  without  taking  a  civil  service  examination,  and 
their  tenure  of  office  shall  be  unlimited,  subject,  however,  to 
the  civil  service  laws.  Approved  June  1,  1943. 

Chap. S77  An  Act  relative  to  certain  crimes  against  chastity, 

MORALITY,    DECENCY   AND    GOOD    ORDER   AND    THE    PUNISH- 
MENT  THEREFOR. 

Be  it  enacted,  etc.,  as  follows: 

EdV  27^'%  53       Chapter  two  hundred  and  seventy-two  of  the  General  Laws 
ameAded.'      ' '  is  hereby  amended  by  striking  out  section  fifty-three,  as  ap- 
pearing in  the  Tercentenary  Edition,  and  inserting  in  place 
Idle  and  thcrcof  the  following  section :  —  Section  53.    Stubborn  chil- 

persott'etc.  drcn,  runaways,  common  drunkards,  common  night  walkers, 
both  male  and  female,  common  railers  and  brawlers,  persons 
who  with  offensive  and  disorderly  act  or  language  accost 
or  annoy  persons  of  the  opposite  sex,  lewd,  wanton  and  las- 
civious persons  in  speech  or  behavior,  idle  aiid  disorderly  per- 
sons, disturbers  of  the  peace,  keepers  of  noisy  and  disorderly 
houses  and  persons  guilty  of  indecent  exposure  may  be  pun- 
ished by  imprisonment  in  a  jail  or  house  of  correction  for  not 
more  than  six  months,  or  by  imprisonment  at  the  state  farm, 
or  by  a  fine  of  not  more  than  two  hundred  dollars,  or  by  both 
such  fine  and  imprisonment.  Approved  June  1,  1943. 


Acts,  1943.  —  Chaps.  378,  379.  463 


An  Act  requiring   that  employers   paying  wages  by  QJiar)  378 

CHECK    shall    provide    REASONABLE    FACILITIES    FOR    THE 
CASHING    OF   THE    SAME    WITHOUT   CHARGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  forty-eight  of  chapter  one  hun-  g.  l.  (Ter. 
dred  and  forty-nine  of  the  General  Laws,  as  most  recently  §^i48/et^c'.. 
amended  by  chapter  one  hundred  and  sixty  of  the  acts  of  amended. 
nineteen  hundred  and  thirty-six,  is  hereby  further  amended 
by  inserting  after  the  third  paragraph  the  following  para- 
graph :  — 

Any  employer  paying  wages  to  an  employee  by  check  or  Payment 
draft  shall,  unless  facilities  for  the  cashing  of  such  check  or  by'chfck. 
draft  at  a  bank  or  elsewhere  without  charge  by  deduction 
from  the  face  amount  thereof  or  otherwise  are  otherwise 
available,   provide   to   such  employee  reasonable   facilities 
therefor.  Approved  June  1,  1943. 

An  Act  providing  that  certain  persons  residing   in  Chap. 379 

CERTAIN    charitable    INSTITUTIONS    SHALL    NOT    GAIN    OR 
LOSE    A    SETTLEMENT   WHILE    SO    RESIDING. 

Be  it  enacted,  etc.,  as  follows: 

Section  two  of  chapter  one  hundred  and  sixteen  of  the  g.  l.  (Ter. 
General  Laws,  as  amended  by  chapter  two  hundred  and  f  2',^kc^^' 
thirteen  of  the  acts  of  nineteen  hundred  and  thirty-three,  is  amended. 
hereby  further  amended  by  adding  at  the  end  the  following 
sentence :  —  No  person  residing  in   an  incorporated   chari- 
table institution  the  personal  property  of  which  is  exempt 
from  taxation,  other  than  an  employee  of  such  institution, 
shall  gain  or  lose  a  settlement  nor  be  in  the  process  of  gain- 
ing or  losing  a  settlement  while  residing  therein,  —  so  as  to 
read  as  follows :  —  Section  2.    No  person  shall  acquire  a  set-  Settlement 

1  i-i  !•  •  1  iM      '^°'  acquired 

tlement,  or  be  in  the  process  oi  acquiring  a  settlement,  while  while  receiv- 
receiving  public  relief  other  than  aid  or  relief  received  under  reie'f^etc^ 
chapter  one  hundred  and  fifteen,  unless,  within  two  years 
after  receiving  such  relief,  he  tenders  reimbursement  of  the 
cost  thereof  to  the  commonwealth  or  to  the  town  furnishing 
it.  No  former  patienliof  a  state  or  county  tuberculosis  sana- 
torium or  hospital,  who  is  employed  in  such  an  institution, 
shall  lose  or  gain  a  settlement  or  be  in  the  process  of  losing 
or  gaining  a  settlement  while  so  employed.  No  person  re- 
siding in  an  incorporated  charitable  institution  the  personal 
property  of  which  is  exempt  from  taxation,  other  than  an 
employee  of  such  institution,  shall  gain  or  lose  a  settlement 
nor  be  in  the  process  of  gaining  or  losing  a  settlement  while 
residing  therein.  Approved  June  1,  1943. 


464 


Acts,  1943. —  Chaps.  380,  381. 


Chap. S80  An  Act  subjecting  to  the  civil  service  laws  the  of- 
fices AND  positions  OF  THE  AMERICANIZATION  DEPART- 
MENT   OF   THE    CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

The  offices  and  positions  of  the  Americanization  depart- 
ment 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  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  quali- 
fying examination  by  the  division  of  civil  service,  and  those 
passing  said  examination  shall  be  certified  for  their  respec- 
tive offices  and  positions  and  shall  be  deemed  to  be  perma- 
nently appointed  thereto  without  being  required  to  serve 
any  probationary  period.  Approved  June  1,  1943, 


G.  L.  (Ter. 
Ed.),  94, 
§§  270-277, 
inc.,  not 
applicable, 
when. 


"Reprocessed 

material" 

defined. 


Chap.SSl  An  Act  relative  to  the  marking  of  comforters,  quilts 

AND     PUFFS    consisting    IN    WHOLE    OR    IN    PART    OF    RE- 
PROCESSED   MATERIAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  provisions  of  sections  two  hundred  and 
seventy  to  two  hundred  and  seventy-seven,  inclusive,  of 
chapter  ninety-four  of  the  General  Laws  shall  apply  with 
respect  to  comforters,  quilts  and  puffs,  except  as  otherwise 
provided  in  this  act. 

Section  2.  For  the  purposes  of  this  act,  "reprocessed 
material"  shall  mean  any  material  which  has  formed  a  part 
or  portion  of  another  manufactured  article,  has  never  been 
used  in  any  way  by  an  ultimate  consumer,  and,  except,  in 
the  case  of  down,  feathers  or  kapok,  has  subsequently  been 
made  into  a  fibrous  state,  and  "ultimate  consumer"  shall 
mean  a  person  who  acquires  material  otherwise  than  for  the 
purpose  of  sale,  barter  or  exchange. 

Section  3.  If  any  comforter,  quilt  or  puff  is  composed 
in  whole  or  in  part  of  reprocessed  material  and  is  composed 
in  no  part  of  material  which  has  been  used  in  any  way  by 
an  ultimate  consumer,  there  shall  b^  plainly  marked  upon 
each  such  article,  or  upon  a  tag  sewed  thereon  or  otherwise 
securely  attached  thereto,  in  addition  to  the  statement  of 
the  kind  of  material  used  for  filling  and  the  name  of  the 
manufacturer  or  vendor  as  required  by  said  section  two 
hundred  and  seventy,  the  words  "reprocessed  material", 
and  not  the  words  "second  hand",  and  if  any  such  article 
is  enclosed  in  a  bag,  box,  crate  or  other  receptacle,  there 
shall  be  plainly  marked  upon  such  receptacle,  or  upon  a 
tag  securely  attached  thereto,  a  statement  that  the  contents 
of  the  receptacle  are  so  marked. 

Section  4.  This  act  shall  be  operative  only  until  July 
first,  nineteen  hundred  and  forty-five. 

Approved  June  1,  1943. 


Branding  of 
goods  made 
from  re- 
processed 
material. 


Expiration 
of  act. 


Acts,  1943. —  Chaps.  382,  383.  465 


An  Act  providing   relief  to  certain  industries  and  (JfiQ^r)  382 

ESTABLISHMENTS  FROM  CONDITIONS  RESULTING  FROM 
THE  SHORTAGE  OF  MAN  POWER  DUE  TO  THE  EXISTING 
WAR. 

Whereas,  The  deferred  operation  of  this  act  would  deprive  Emergency 
certain  industries  and  estabUshments  of  immediately  neces-  p^'^ambie. 
sary  personnel,  therefore  this  act  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  commissioner  of  labor  and  industries  Commissioner 
is  hereby  authorized,   in   conformity  with  Article  XX  of  ^rtaiTpro'^'^ 
Part  the  First  of  the  constitution  of  the  commonwealth,  visions  of  law. 
to  suspend  the  application  or  operation  of  any  provision  of 
chapter  one  hundred  and  forty-nine  of  the  General  Laws, 
or  of  any  rule  or  regulation  made  thereunder,  regulating, 
limiting  or  prohibiting  the  employment  of  women  or  minors, 
in  such  instances,  and  for  such  periods  of  time,  as  said  com- 
missioner deems  such  suspension  necessary  to  supply  any 
deficiency  in  man  power  due  directly  or  indirectly  to  the 
existing  state  of  war  between  the  United  States  and  certain 
foreign  countries.     Nothing  in  this  act  shall  authorize  the 
suspension  of  any  such  provision  in  any  case  where  such 
suspension  may  be  effected  under  other  authority  granted 
by  the  general  court. 

Section  2.     This  act  shall  be  operative  only  during  the  Expiration 
continuance  of  the  existing  state  of  war  between  the  United  °^  ^°*- 
States  and  any  foreign  country.    Approved  June  2,  194S. 

An  Act  providing  that  the  commissioner  of  corpora-  (Jfiav  383 

TIONS  and  taxation  SHALL  FURNISH  TO  COUNTY  LAW 
libraries  a  LIST  OF  CERTAIN  CORPORATIONS  DISSOLVED 
BY   THE   SUPREME   JUDICIAL   COURT. 

Be  it  enacted,  etc.,  as  follows: 

Section  fifty  A  of  chapter  one  hundred  and  fifty-five  of  the  o.  l.  (Ter. 
General  Laws,  inserted  by  section  one  of  chapter  four  hun-  f  go.Cetc., 
dred  and  fifty-six  of  the  acts  of  nineteen  hundred  and  thirty-  amended. 
nine,  is  hereby  amended  by  adding  at  the  end  the  following 
sentence :  —  The  commissioner  shall  furnish  to  each  county 
law  library  within  the  commonwealth,  upon  application  there- 
for, a  copy,  mimeographed  or  otherwise  prepared  as  he 
shall  determine,  of  the  list  of  the  corporations  dissolved  as 
herein  provided,  —  so  as  to  read  as  follows:  —  Section  50 A.  ^dissolution  of 

Te  -icii  1  11  ••  !•   corporations. 

11  a  corporation  has  failed  to  comply  with  the  provisions  of 
law  requiring  the  filing  of  reports  or  returns  with  the  com- 
missioner or  the  state  secretary  for  two  consecutive  years, 
or  if  the  commissioner  is  satisfied  that  a  corporation  has  be- 
come inactive  and  that  its  dissolution  would  be  in  the  public 
interest,  the  commissioner  may  apply  to  the  supreme  judicial 
court  for  its  dissolution,  and  the  court,  after  notice  by  mail 


466 


Acts,  1943.  —  Chaps.  384,  385. 


or  otherwise  as  it  may  order,  may  decree  such  dissolution 
subject  to  the  provisions  of  sections  fifty-one,  fifty-two  and 
fifty-six.  The  commissioner  may  include  as  many  corpora- 
tions in  a  single  application  as  he  deems  fit  and  the  court  may 
include  in  its  decree  any  or  all  thereof.  The  commissioner 
shall  furnish  to  each  county  law  library  within  the  common- 
wealth, upon  application  therefor,  a  copy,  mimeographed  or 
otherwise  prepared  as  he  shall  determine,  of  the  list  of  the 
corporations  dissolved  as  herein  provided. 

Approved  June  2,  1943. 


Chap. 384:  An   Act   providing    for   the    examination   of    school 

children's  feet. 


G.  L.  (Ter. 
Ed.),  71,  § 
amended. 


Testing  as 
to  defective 
sight,  etc. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  seventy-one  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  fifty-seven,  as  appearing  in 
the  Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following  section :  —  Section  57.  The  committee  shall  cause 
every  child  in  the  public  schools  to  be  separately  and  care- 
fully tested  and  examined  at  least  once  in  every  school  year 
to  ascertain  defects  in  sight  or  hearing,  and  other  physical 
defects  tending  to  prevent  his  receiving  the  full  benefit  of  his 
school  work,  or  requiring  a  modification  of  the  same  in  order 
to  prevent  injury  to  the  child  or  to  secure  the  best  educa- 
tional results,  and  to  ascertain  defects  of  the  feet  which  might 
unfavorably  influence  the  child's  health  or  physical  efficiency, 
or  both,  during  childhood,  adolescence  and  adult  years,  and 
shall  require  a  physical  record  of  each  child  to  be  kept  in  such 
form  as  the  department  may  prescribe.  The  tests  of  sight 
and  hearing  shall  be  made  by  the  teachers,  directions  for 
which  shall  be  prescribed  by  the  department  of  public  health, 
and  the  examinations  of  feet  shall  be  made  by  the  school 
physicians.  Approved  June  2,  194-3. 


Chap. SS5  An   Act   penalizing   the    requirement   by   any   labor 

UNION  OR  PERSON  ACTING  IN  ITS  BEHALF  OF  THE  PAY- 
MENT OF  CERTAIN  FEES  AND  ASSESSMENTS  AS  A  CONDITION 
OF   SECURING    OR    CONTINUING    EMPLOYMENT. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  forty-nine  of  the  General  Laws 
is  hereby  amended  by  inserting  after  section  one  hundred 
and  fifty  A,  inserted  by  chapter  four  hundred  and  three 
of  the  acts  of  nineteen  hundred  and  thirty-eight,  the  follow- 
ing section:  —  Section  loOB.  No  labor  union,  or  person 
acting  in  its  behalf,  shall  require  any  person,  as  a  condition 
of  securing  or  continuing  employment,  to  pay  any  fee  or 
assessment  other  than  such  initiation  fees,  dues  and  assess- 
ments as  are,  by  the  constitution  and  by-laws  of  such  union, 
chargeable  upon  members  thereof.  Any  union  or  person 
violating  any  provision  of  this  section  shall  be  punished  by 
a  fine  of  not  less  than  one  hundred  dollars. 

Approved  June  2,  1943. 


G.  L.  (Ter. 
Ed.),  149, 
new  §  150B, 
added. 


Fees  payable 
to  labor 
unions 
regulated. 


Acts,  1943.  —  Chaps.  386,  387,  388.  467 

An  Act  relative  to  the  financial  relief  of  the  town  Chap. 386 
OF  millville. 

Be  it  enacted,  etc.,  as  follows: 

Section  three  of  chapter  five  hundred  and  fourteen  of  the 
acts  of  nineteen  hundred  and  thirty-nine  is  hereby  amended 
by  striking  out,  in  the  fourth  Hne,  the  word  "forty-four" 
and  inserting  in  place  thereof  the  word :  —  forty-three,  — 
so  as  to  read  as  follows :  —  Section  3.  In  the  distribution 
of  the  proceeds  of  income  taxes  under  the  provisions  of 
section  eighteen  of  chapter  fifty-eight  of  the  General  Laws 
in  each  of  the  years  nmeteen  hundred  and  forty-one  to  nine- 
teen hundred  and  forty-three,  inclusive,  there  shall  be  dis- 
tributed to  said  town,  in  addition  to  its  normal  share,  the 
sum  of  thirty  thousand  dollars.      Approved  June  2,  1943. 

An  Act  temporarily  reducing  the  age  requirements  Chap  387 

FOR     REGISTRATION/    AS     NURSES     AND     FOR     LICENSES     AS  . 

ATTENDANTS. 

Whereas,  The  acute  shortage  of  registered  nurses  and  Emergency 
licensed  attendants  in  the  commonwealth  during  the  exist- 
ing emergency  makes  it  necessary  that  this  act  become 
effective  without  delay,  therefore  it  is  hereby  declared  to 
be  an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  health,  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Subject  to  the  limitations  contained  in  sec-  Agerequire- 
tion  two,  the  minimum  age  prescribed  by  section  seventy-  regfstration 
four  of  chapter  one  hundred  and  twelve  of  the  General  of  nurses. 
Laws  for  applicants  for  registration   as  nurses  is  hereby 
changed  from  twenty-one  years  to  twenty  years,  and  the 
minimum  age  prescribed  by  section  seventy-four  A  of  said 
chapter  one  hundred  and  twelve  for  applicants  for  licenses 
as   attendants   is   hereby   changed   from   twenty  years   to 
nineteen  years. 

Section  2.  This  act  shall  apply  only  to  applicants  for  Expiration 
registration  as  nurses  or  for  licenses  as  attendants  during  °^^^*- 
the  existing  war  between  the  United  States  and  certain 
foreign  countries,  and  to  applicants  therefor  after  the  ter- 
mination of  said  war  who  shall  have  matriculated  during 
said  war  in  an  approved  school  for  nurses  or  an  approved 
school  for  attendants,  as  the  case  may  be. 

Approved  June  2,  1943. 

An  Act  temporarily  authorizing  the  issuance  to  per-  Chap. SS8 

SONS  IN  the  military  OR  NAVAL  SERVICE  OF  THE  UNITED 
STATES  OF  SPECIAL  CERTIFICATES  ENTITLING  THEM  TO 
HUNT  AND    FISH   IN   THIS   COMMONWEALTH. 

Whereas,    The  deferred  operation  of  this  act  would  tend  Emergency 


in  part  to  defeat  its  purpose,  which  is  to  grant  to  persons  in 
the  military  or  naval  service  of  the  United  States  during  the 


preamble. 


468 


Acts,  1943.  —  Chap.  389. 


Persons  in 
armed  forces 
may  hunt, 
etc.,  without 
license. 


Expiration 
of  act. 


present  war  certain  privileges  with  respect  to  hunting  and 
fishing  in  this  commonwealth,  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.  A  person  in  the  military  or  naval  service  of 
the  United  States  may  hunt  any  bird  or  mammal  within  the 
commonwealth,  or  may  fish  in  any  of  the  inland  waters  of 
the  commonwealth,  if  he  holds  a  special  certificate  entitling 
him  so  to  do,  which  certificate  the  director  of  the  division 
of  fisheries  and  game  of  the  department  of  conservation  and 
the  clerk  of  any  city  or  town  are  hereby  authorized  to  issue, 
and  the  holder  of  such  certificate  shall  have  the  same  rights 
and  privileges  and  be  subject  to  the  same  duties  as  if  he 
held  a  sporting  license.  Such  certificate  shall  be  in  the  form 
prescribed  upon  a  blank  furnished  by  said  division  of  fish- 
eries and  game.  In  case  of  residents  of  the  commonwealth 
no  fee  shall  be  charged  for  such  certificate,  and  in  case  of 
non-residents  a  fee  of  two  dollars  shall  be  charged  therefor. 

Section  2.  This  act  shall  be  in  effect  only  during  the 
continuance  of  the  existing  state  of  war  between  the  United 
States  and  certain  foreign  countries. 

Approved  June  2,  194S. 


Chap. 3S9  An  Act  relating  to  salvage  operations  of  trustees. 
Be  it  enacted,  etc.,  as  folio ws: 


G.  L.  (Ter. 
Ed.),  203, 
new  §§  24  .\ 
and  24 B, 
added. 


Disposition  of 
cash  proceeds 
from  sale. 


Apportion- 
ment of  cash 
proceeds. 


Section  1.  Chapter  two  hundred  and  three  of  the  Gen- 
eral Laws  is  hereby  amended  by  inserting  after  section 
twenty-four,  as  appearing  in  the  Tercentenary  Edition,  the 
two  following  sections,  under  the  caption  salvage  opera- 
tions OF  trustees:  —  Section  24A.  Unless  otherwise  ex- 
pressly provided  by  the  will  or  other  instrument  by  which  a 
trust  is  created,  upon  the  sale  of  real  estate  acquired  by  a 
trustee  under  a  will  or  other  instrument  as  a  result  of  a  fore- 
closure or  a  deed  in  lieu  of  foreclosure  of  any  mortgage  held 
by  the  trust,  for  a  consideration  consisting  in  part  or  in 
whole  of  a  note  or  other  obligation  secured  by  a  mortgage 
thereon  or  on  a  part  thereof,  the  cash  proceeds  of  such  sale, 
plus  the  net  cash  receipts  of  the  trust  from  the  property 
since  default,  shall  first  be  applied  to  the  payment  of  all 
reasonable  expenses  and  charges  involved  in  acquiring,  man- 
aging, maintaining,  caring  for  and  selling  the  property.  Any 
balance  of  cash  remaining  may  in  the  discretion  of  the  trus- 
tee forthwith  be  apportioned  between  income  and  principal 
as  though  such  cash  constituted  the  entire  proceeds  of  the 
sale. 

Section  24B.  Cash  payments,  whether  of  principal  or 
interest,  on  a  note  or  other  obligation  of  the  type  referred  to 
in  section  twenty-four  A,  received  subsequent  to  the  time 
when  such  note  or  obligation  was  accepted  as  the,  or  part 


Acts,  1943.  —  Chap.  390.  469 

of  the,  consideration  shall,  if  the  total  net  cash  receipts  re- 
ferred to  in  said  section  twenty-four  A  were  insufficient  to 
pay  the  expenses  and  charges  therein  referred  to,  be  first 
applied  in  reduction  of  such  expenses  and  charges  until  can- 
celled. Subject  to  such  provision,  all  such  receipts,  whether 
of  principal  or  interest,  may  in  the  discretion  of  the  trustee 
be  apportioned  between  capital  and  income  at  such  times 
as  the  trustee  deems  advisable. 

If  any  apportionment  is  made  under  said  section  twenty- 
four  A,  all  subsequent  apportionments  between  income  and 
principal  shall  be  made  in  the  same  ratio,  unless  subsequent 
conditions  or  other  circumstances  render  a  different  ratio  of 
apportionment  more  equitable.  The  trustee,  after  the  ex- 
penses and  charges  referred  to  in  said  section  twenty-four  A 
have  been  paid,  may  treat  as  income  all  or  any  part  of  the 
interest  received  on  such  note.  A  trustee  who  makes,  in 
good  faith,  an  apportionment  provided  for  in  this  section  or 
said  section  twenty-four  A  shall  not  be  charged  with  per- 
sonal liability  for  such  acts. 

Nothing  in  this  section  or  section  twenty-four  A  shall  pre- 
vent a  trustee  from  seeking  the  instruction  of  the  proper 
court  if  he  deems  it  advisable.  The  term  "mortgage"  as 
used  in  said  section  twenty-four  A  shall  include  a  mortgage 
participation  or  a  mortgage  certificate  or  any  other  form  of 
interest  in  a  single  entire  mortgage,  but  shall  not  include  a 
mortgage  participation  or  a  mortgage  certificate  or  any  other 
form  of  interest  in  a  group  of  mortgages. 

Section  2.  The  various  provisions  of  this  act  are  hereby  severability 
declared  to  be  severable  and  if  any  such  provision  or  its  ap- 
plication to  any  person  or  circumstance  shall  be  held  to  be 
invalid  or  unconstitutional  such  invalidity  or  unconstitution- 
ality shall  not  affect  the  validity  or  constitutionality  of  any 
of  the  remaining  provisions  or  application  to  persons  or  cir- 
cumstances other  than  those  as  to  which  it  is  held  invalid. 

Approved  June  2,  1943. 


An  Act  relative   to  absent  voting  by  residents  of  Chap. S90 

MASSACHUSETTS  SERVING  IN  THE  ARMED  FORCES  OF  THE 
UNITED  STATES  DURING  THE  PRESENT  WAR  AND  TO  THE 
QUALIFICATION  OF  SUCH  RESIDENTS  AS  VOTERS  AT  CER- 
TAIN   ELECTIONS. 

Be  it- enacted,  etc.,  as  follows: 

Section  1.  Except  as  herein  provided,  words  and  terms 
used  in  this  act  shall  be  construed  in  accordance  with  the 
definitions  set  forth  in  chapter  fifty  of  the  General  Laws. 
For  the  purpose  of  this  act,  the  word  "kindred"  shall  mean 
spouse,  father,  mother,  sister  or  brother  of  the  whole  or  half 
blood,  son,  daughter,  adopting  parent  or  adopted  child,  step 
parent  or  step  child,  uncle,  aunt,  niece  or  nephew. 

Section  2.  Notwithstanding  any  contrary  provision  of 
general  or  special  law,  any  legal  resident  of  the  common- 


of  act. 


470  Acts,  1943. —  Chap.  390. 

wealth  while  serving  in  the  armed  forces  of  the  United  States 
during  the  existing  war  between  the  United  States  and  any 
foreign  country  and  whose  name  is  included  in  the  current 
annual  register  of  voters  of  any  city  or  town  therein,  or  who 
may  be  determined  to  be  qualified  as  a  voter  thereof  in 
accordance  with  section  eight  of  this  act,  may  be  furnished 
with  an  official  absent  voting  ballot,  prepared  in  accordance 
with  clause  (a)  of  section  eighty-seven  of  chapter  fifty-four 
of  the  General  Laws,  for,  and  may  vote  by  means  of  such 
ballot  at,  any  regular  biennial  state  election  or  at  any  regu- 
lar annual  or  biennial  city  or  town  election  at  which  absent 
voting  is  permitted,  provided  an  application  therefor  is  filed 
with  the  clerk  of  the  city  or  town  of  which  he  is  such  legal 
resident  and  the  same  is  certified  by  the  registrars  of  voters 
thereof,  in  the  manner  hereinafter  provided. 

Section  3.  Application  for  an  official  absent  voting  bal- 
lot to  be  furnished  to  such  resident  for  any  such  election 
may  be  made  to  the  clerk  of  the  city  or  town  in  which  such 
resident  is  registered  as  a  voter,  or  in  which  he  has  been  de- 
termined to  be  qualified  to  vote  as  provided  in  said  section 
eight,  by  any  registered  voter  of  the  commonwealth  who  is 
a  kindred  of  such  resident.  The  applicant  shall  state  therein 
his  name  and  that  of  the  city  or  town  in  which  he  is  regis- 
tered as  a  voter,  together  with  the  street  and  number  of  his 
address,  if  any,  the  name  of  the  resident  in  whose  behalf  the 
application  is  made,  the  place  of  his  legal  residence  on  Janu- 
ary first  of  the  current  year,  or  on  such  subsequent  date  when 
he  first  became  a  legal  resident  of  such  city  or  town,  and 
the  address  to  which  such  ballot  is  to  be  mailed.  The  ap- 
plicant shall  also  make  a  statement  of  his  relationship  to 
such  resident,  shall  make  oath  to  the  truth  of  all  statements 
in  such  application  and  shall  sign  the  same. 

Section  4.  The  state  secretary,  or  the  clerk  of  each  city 
and  town  subject  to  this  act,  as  the  case  may  be,  shall  sea- 
sonably^ prepare,  prior  to  each  regular  biennial  state  election 
or  regular  annual  or  biennial  city  or  town  election,  in  such 
quantities  as  he  shall  deem  necessary,  all  of  the  papers  pre- 
scribed by  said  section  eighty-seven  of  said  chapter  fifty-four, 
as  amended,  with  such  changes  therein  as  may  be  required 
to  give  effect  thereto.  On  the  envelopes  prepared  for  return- 
ing the  official  absent  voting  ballots  furnished  to  any  person 
determined  to  be  qualified  to  vote  under  said  section  eight, 
except  as  to  his  ability  to  sign  his  name  and  to  read,  there 
shall  be  provided  a  space  for  him  to  sign  his  name  and  there 
shall  be  printed  five  lines  of  the  constitution  of  the  common- 
wealth in  English.  There  shall  be  included  in  the  jurat  to 
be  executed  by  the  officer  in  whose  presence  such  person 
makes  his  affidavit  a  statement  setting  forth  that  the  affiant 
has  signed  his  name  in  the  officer's  presence,  and  has  read 
the  said  five  lines  in  such  a  manner  as  to  show  that  he  was 
neither  prompted  nor  reciting  from  memory,  or  was  pre- 
vented by  a  physical  disability  from  doing  either. 


Acts,  1943.  — Chap.  390.  471 

Section  5.  When  an  application  is  made  for  an  official 
absent  voting  ballot  as  provided  in  section  three  and  the 
same  is  filed  with  the  city  or  town  clerk,  it  shall  be  trans- 
mitted by  said  clerk  forthwith  to  the  registrars  of  voters  of 
such  city  or  town  and,  if  they  are  satisfied  that  the  state- 
ments therein  are  true  and  that  the  person  in  whose  behalf 
the  application  is  made  is  a  duly  registered  voter  of  such 
city  or  town  or  has  been  determined  to  be  qualified  to  vote 
therein  at  such  election  as  provided  in  said  section  eight, 
they  shall  so  certify  thereon  and  return  such  application  to 
the  city  or  town  clerk.  If  the  person  in  whose  behalf  such 
an  application  is  made  is  a  duly  registered  voter,  the  clerk 
shall  cause  to  be  placed  upon  the  voting  list  to  be  used  at 
the  election,  to  vote  at  which  such  application  is  made,  the 
letters  SAV,  in  capitals,  opposite  the  name  of  such  voter. 
The  said  clerk  shall  then  mail,  postage  prepaid,  to  such 
resident  at  the  address  designated  in  such  application,  such 
ballot  together  with  all  blank  forms  and  envelopes  required. 

Section  6.  Any  such  resident  who  has  received  an  official 
absent  voting  ballot  furnished  in  accordance  with  this  act 
may  vote  by  mailing  the  same  to  the  clerk  of  the  city  or 
town  where  he  resides.  He  shall  mark  such  ballot  in  the 
presence  of  a  commissioned  officer  in  the  armed  forces,  in  a 
municipality  or  place  other  than  the  city  or  town  in  which 
it  is  determined  that  such  voter  is  qualified  to  vote.  Before 
marking  his  ballot  he  shall  exhibit  it  to  said  officer,  who  shall 
satisfy  himself  that  it  is  unmarked,  but  he  shall  not  allow 
such  officer  to  see  how  he  marks  it.  Such  officer  shall  hold 
no  communication  with  such  voter,  nor  he  with  such  officer, 
as  to  how  he  votes.  After  marking  his  ballot  he  shall  enclose 
it  in  the  proper  envelope  provided  for  the  purpose  and  shall 
execute  in  the  presence  of  such  officer  the  affidavit  thereon. 
He  shall  then  seal  the  envelope  with  the  ballot  therein  and 
shall  mail  the  same,  postage  prepaid,  to  the  city  or  town  clerk, 
on  or  before  the  day  of  the  election  in  a  municipality  or  place 
other  than  the  city  or  town  in  which  he  has  been  determined 
to  be  qualified  as  a  voter.  The  postmark,  if  legible,  shall  be 
evidence  of  the  time  and  place  of  mailing. 

Section  7.  Except  as  otherwise  provided  in  this  act,  the 
provisions  of  sections  eighty-six  to  one  hundred  and  three  A 
of  chapter  fifty-four  of  the  General  Laws  relating  to  absent 
voting,  and  of  sections  twenty-seven  and  thirty-four  of  chap- 
ter fifty-six  of  the  General  Laws  prescribing  penalties  for 
violations  of  laws  relating  to  absent  voting,  shall,  where 
pertinent,  apply  to  absent  voting  under  this  act. 

The  provisions  of  section  ninety-five  of  said  chapter  fifty- 
four  relating  to  the  duties  of  election  officers  at  polling 
places  with  respect  to  absent  voting  ballots  shall  apply  to 
loallots  cast  under  this  act.  In  addition  to  the  duties  pre- 
scribed by  said  section  ninety-five,  the  warden  or  his  deputy 
shall,  in  comparing  the  statements  appearing  in  the  affi- 
davits upon  the  envelopes  in  which  such  ballots  are  enclosed 


472  Acts,  1943.  — Chap.  390. 

with  the  applications  therefor,  determine  whether  the  state- 
ments appearing  in  such  affidavits  conform  to  those  appear- 
ing in  such  apphcations,  and  whether  the  persons  signing 
such  affidavits  have  been  determined  to  be  quahfied  to  vote 
at  such  election.  All  envelopes,  opened  and  unopened,  en- 
closing ballots  returned  by  persons  determined  to  be  quali- 
fied to  vote  at  such  election  in  accordance  with  said  section 
eight  shall,  instead  of  being  retained  and  returned  with  the 
ballots  cast,  be  enclosed  and  sealed  in  an  envelope  provided 
for  the  purpose  of  returning  the  same  to  the  city  or  town 
clerk,  and  said  clerk  shall  retain  such  envelope  as  long  as 
he  retains  the  ballots  cast,  after  which  he  shall  transmit  the 
same  to  the  registrars  of  voters  who  shall  preserve  such  en- 
velope for  five  years  from  the  date  of  such  election. 

Section  8.  Any  legal  resident  of  the  commonwealth  who 
is  serving  in  the  armed  forces  of  the  United  States  during 
the  existing  war  between  the  United  States  and  any  foreign 
country  and  who  has  the  qualifications  for  voting  prescribed 
by  the  constitution  of  the  commonwealth,  but  whose  name 
is  not  included  m  the  current  annual  register  of  the  city  or 
town  of  his  legal  residence,  may  be  qualified  for  voting  at 
any  regular  biennial  state  election  or  at  any  regular  annual 
or  biennial  city  or  town  election  at  which  absent  voting  is 
permitted  upon  the  personal  application  of  a  registered  voter 
of  the  commonwealth  of  the  kindred  of  such  resident  made 
to  the  registrars  of  voters  of  the  city  or  town  in  which  the 
right  of  such  resident  to  vote  may  be  claimed.  Such  appli- 
cation may  be  made  not  less  than  twenty  days  before  the 
day  of  such  election  at  any  time  during  regular  business 
hours  or  at  sessions  held  for  the  purpose  of  registering  voters 
for  such  election,  and  shall  be  upon  a  form  prescribed  by 
the  state  secretary.  The  person  making  such  application 
shall  state  thereon  his  name,  and  that  of  the  city  or  town  in 
which  he  is  registered  as  a  voter,  with  the  street  and  number 
of  his  address,  if  any;  the  name  of  the  person  in  whose  be- 
half the  application  is  made,  his  place  of  legal  residence 
when  he  entered  the  service,  on  January  first  of  the  preced- 
ing year,  on  January  first  of  the  current  year  or  on  such 
later  date  when  he  first  became  a  legal  resident  of  such  city 
or  town,  and  at  the  time  of  making  such  application,  and 
the  place  and  date  of  his  birth,  and  shall  make  a  declaration 
that  such  resident  has  legally  resided  in  the  commonwealth 
one  year,  and  m  the  city  or  town  in  which  his  right  to  vote 
is  claimed  six  months,  next  preceding  the  election  at  which 
such  right  is  claimed.  The  applicant  shall  also  make  thereon 
a  statement  of  his  relationship  to  the  resident  in  whose  be- 
half such  application  is  made,  shall  make  oath  to  the  truth 
of  the  statements  therein  and  sign  his  name  thereto. 

If  the  resident  in  whose  behalf  such  an  application  is  made 
claims  to  be  a  naturalized  citizen,  or  to  derive  United  States 
citizenship  through  the  naturalization  or  citizenship  of  some 
other  person,   the   applicant  shall   produce  for  inspection 


Acts,  1943.  —  Chap.  390.  473 

papers  of  naturalization,  certificate  of  citizenship  made  un- 
der federal  authority,  or  any  other  papers  upon  which  he 
relies  to  prove  the  citizenship  of  the  resident,  and,  if  the 
registrars  are  satisfied  that  the  resident  is  a  citizen,  they 
shall  make  upon  such  papers  a  memorandum  of  the  date  of 
such  inspection. 

The  registrars  shall  make  and  certify  on  the  application 
made  under  this  section  a  statement  of  their  determination 
as  to  whether  or  not  the  resident  in  whose  behalf  the  appli- 
cation is  made  appears  to  be  entitled  to  be  registered,  ex- 
cept the  ability  to  sign  his  name  and  to  read  in  the  manner 
prescribed  by  Article  XX  of  the  amendments  to  the  consti- 
tution. In  case  it  is  determined  that  such  resident  is  not 
entitled  to  be  registered,  the  registrars  shall  give  written 
notice  thereof  to  the  applicant  and  give  him  an  opportunity 
to  be  heard. 

If  the  registrars  certify  that  the  resident  has  the  qualifi- 
cations entitling  him  to  registration,  except  that  his  ability 
to  sign  his  name  and  to  read  as  prescribed  by  Article  XX 
of  the  amendments  to  the  constitution  has  not  been  deter- 
mined, he  shall  nevertheless  be  entitled  to  receive  an  official 
absent  voting  ballot  and  application  therefor  may  be  made 
in  the  manner  provided  in  section  three  of  this  act.  Before 
permitting  him  to  mark  his  ballot  the  officer  referred  to  in 
section  six  of  this  act  shall  require  him  to  sign  his  name  if 
he  is  physically  able  to  do  so,  and  to  read  in  his  presence 
and  in  such  a  manner  as  to  show  that  he  was  neither  prompted 
nor  reciting  from  memory  the  five  lines  of  the  constitution 
printed  on  the  return  envelope  as  provided  in  section  four 
of  this  act.  If  he  is  unable  to  do  either,  and  is  not  pre- 
vented by  physical  disability  from  so  doing,  the  officer  shall 
so  certify  on  said  envelope,  and  shall  not  permit  him  to  vote 
but  shall  return  the  envelope  with  the  ballot  enclosed  and 
unmarked,  and  the  ballot  shall  not  be  counted. 

Applications  for  qualification  of  residents  as  voters  under 
this  section  shall  be  preserved  by  the  registrars  for  five  years 
and  the  registrars  shall  cause  a  suitable  index  to  be  made 
containing  the  name  of  each  person  determined  to  be  so 
qualified,  his  place  of  legal  residence,  with  street  and  num- 
ber of  his  address,  if  any,  at  the  time  of  making  such  appli- 
cation, the  name  of  the  military  or  naval  unit  in  which  he 
is  then  serving  and  his  rank,  his  place  and  date  of  birth 
and,  if  he  is  a  naturalized  citizen  or  has  derived  United 
States  citizenship  through  the  naturalization  of  some  other 
person,  the  facts  appearing  in  such  application  relating 
thereto.  Such  index  shall  be  preserved  as  a  public  record, 
but  shall  not  be  deemed  to  be  a  part  of  the  general  register 
of  voters. 

Persons  registered  under  this  section  shall  be  subject  to 
the  provisions  of  sections  forty-eight  and  forty-nine  of  chap- 
ter fifty-one  of  the  General  Laws  and,  except  as  herein 
otherwise  provided,  to  all  of  the  provisions  of  said  chapter 


474  Acts,  1943.  —  Chap.  390. 

fifty-one  prescribTng  qualifications  for  voting.  The  provi- 
sions of  sections  two,  three,  six,  seven,  eight,  nine,  ten  and 
eleven  of  chapter  fifty-six  of  the  General  Laws  prescribing 
penalties  for  offenses  concerning  the  listing  or  registration 
of  voters  shall,  so  far  as  pertinent,  apply  to  persons  applying 
for  registration  under  this  section. 

Section  9.  The  registrars  of  voters  may  cause  an  investi- 
gation of  any  application  under  this  act  to  be  made  by  a 
police  officer  who  shall  forthwith  after  such  investigation  re- 
port to  them  his  findings  with  respect  thereto,  and  for  this 
purpose  the  board  or  officer  in  charge  of  the  police  force  of 
each  city  or  town  shall  give  the  registrars  such  assistance  as 
they  may  require. 

Section  10.  The  registrars  of  voters  shall  include  in  the 
voting  lists  prepared  in  accordance  with  section  fifty-five  of 
chapter  fifty-one  of  the  General  Laws  for  use  at  each  regular 
biennial  state  election  and  at  each  regular  annual  or  biennial 
city  or  town  election  at  which  absent  voting  is  permitted  the 
names  and  residences  on  January  first  preceding,  or  subse- 
quently, as  the  case  may  be,  of  all  residents  of  their  respective 
cities  and  towns  who  have  been  registered  at  any  such  elec- 
tion as  provided  in  section  eight  of  this  act  and  shall  cause  to 
be  placed  opposite  the  name  of  each  such  resident  the  letters 
SAV,  in  capitals.  They  shall  forthwith,  following  the  twen- 
tieth day  preceding  any  such  election,  give  written  notice  to 
the  state  secretary,  or  the  city  or  town  clerk,  as  the  case  may 
be,  of  the  number  of  residents  who  have  been  registered  under 
this  act  in  such  city  or  town,  and  in  each  ward  and  precinct 
therein,  and  shall  likewise  furnish  the  said  secretary  with 
mailing  lists  of  such  residents  before  each  such  state  election. 

Section  1L  The  provisions  of  section  forty-six  of  chapter 
fifty-one  of  the  General  Laws  shall  apply  to  all  applications 
for  registration  under  this  act  on  behalf  of  persons  who  have 
all  the  qualifications  of  a  voter,  except  that  of  age,  and  who 
will,  on  or  before  the  day  of  the  next  regular  biennial  state 
election  or  next  regular  annual  or  biennial  city  or  town  elec- 
tion at  which  absent  voting  is  permitted,  as  the  case  may  be, 
attain  the  age  of  twenty-one  years. 

Section  12.  The  state  secretary  shall  forthwith,  after  the 
effective  date  of  this  act,  prepare  in  such  quantities  as  he 
may  deem  necessary,  the  following  papers: 

(a)  Blank  forms  for  registration  application  worded  sub- 
stantially as  follows: 

I, ,  a  duly  registered  voter  of  the  city  or 

(Name  of  Applicant) 

town  of ,  residing  at in 

(Name  of  City  or  Town  where  Ap-  (Street  and  Number) 

plicant  is  registered  as  a  Voter) 

such  city  or  town,  do  hereby  make  application  for  an  official  absent 
voting  ballot  for  the to  be  held  in , 

(Name  of  Election)  (Name  of  City  or  Town) 

on ,  19 . . ,  for ,  serv- 

(Name  of  Person  in  Service) 

ing  in  the with  the  rank  of ,  and 

(Name  of  Unit) 


Acts,  1943.  —  Chap.  390.  475 

a  duly  qualified  voter  for  such  election  at in 

(Street  and  Number) 

the  city  or  town  of ,  and,  as  I  believe,  en- 

(Name  of  City  or  Town) 

titled  to  vote  at  said  election  in  Ward . . . ,  Precinct . . . . ,  in  the  city 
or  town  of ,  said  ballot  to  be  mailed  to 


I  hereby  further  declare  that  I  am  the of 

(Relationship) 

the  person  in  whose  behalf  this  appUcation  is  made. 

Signature  of  appHcant (Date) ,  19 .  . . 

Personally  appeared  before  me  the  above-named 

and  made  oath  that  the  foregoing  statements  are  true  to  the  best 
of  his  knowledge  and  belief. 


(Registrar  of  Voters) 


(Not  to  be  filled  in  by  apphcant) 

We,  the  undersigned,  a  majority  of  the  registrars  of  voters  of 
,  hereby  certify  that , 

(Name  of  City  or  Town)  (Name  of  Person  in  Service) 

in  whose  behalf  the  foregoing  application  has  been  made,  has  been 

determined  to  be  a  duly  qualified  voter  at  the _ 

election  to  be  held  in  Ward ,  Precinct ,  of  the  city  or 

town  of ,  and  is  entitled  to  vote  therein 

at  such  election. 

(Four  blank  lines  for  signatures  of  registrars) 

(6)  Blank  forms  of  affidavit  to  be  printed  on  envelope  for 
enclosing  official  absent  voting  ballot  furnished  to  person 
whose  name  is  included  in  current  annual  register  of  voters 
and  serving  in  the  armed  forces  of  the  United  States,  worded 
substantially  as  follows: 

I, ,  serving  in  the with  the 

(Name  of  Military  or  Naval  CInit) 

rank  of ,  do  hereby  make  oath  that  T  am  a 

registered  voter  in  the  city  or  town  of ,  Mas- 
sachusetts, at in  Precinct .  . . ,  Ward ; 

(Street  and  Number) 

that  the  place  where  I  now  am  is  not  the  municipality  in  which  I 
am  registered  as  a  voter ;  that  I  have  carefully  read  the  instructions 
forwarded  to  me  with  the  ballot  herein  enclosed;  and  that  I  have 
marked  and  sealed  the  within  ballot  as  stated  hereon  by  the  person 
taking  my  oath. 

(Signature  of  voter) 

Subscribed  and  sworn  to  before  me  this day  of 

,  19 . . ;  and  I  hereby  certify  that  when  I  was 

alone  with  the  affiant  he  showed  me  the  ballot  herein  enclosed  un- 
marked, and  then  in  my  presence  marked  the  same  without  my 
seeing  how  he  marked  it,  after  which  he  sealed  said  ballot  in  this 
envelope.  I  had  no  communication  with  the  affiant  as  to  how  he 
was  to  vote. 

Name  of  Officer 

(Seal,  if  any)  Unit 

Mihtary  or  Naval  Rank 


476  Acts,  1943.  —  Chap.  390. 

(c)  Blank  forms  of  affidavit  to  be  printed  on  envelope  for 
enclosing  absent  voting  ballot  furnished  to  resident  deter- 
mined to  be  qualified  to  vote  as  provided  in  section  eight, 
worded  substantially  as  follows: 

I, ,  serving  in  the wil^h  the 

rank  of ,  do  hereby  make  oath  that  at  the 

time  I  entered  the  military  or  naval  service  or  on  the  first  day  of 
January  I  was  a  legal  resident  of at 

(City  or  Town  and  State) 

;  that  on  the  first  day  of  January  of  this 

(Street  and  Number) 

year  I  was  a  legal  resident  of at ,  knd 

(City  or  Town  and  State)     (Street  and  Number) 

that  I  am  now  a  legal  resident  of at ; 

(City  or  Town  and  State)      (Street  and  Number) 

that  I  was  born  on in ;    that 

(Date  of  Birth)      (City  or  Town  and  State  or  Country) 

I  am  a  citizen  of  the  United  States,  and  that  I  have  been  a  legal 
resident  of  the  commonwealth  of  Massachusetts  one  year  and  of 
the  city  or  town  of . : six  months  next  pre- 
ceding the  election  at  which  I  claim  this  right  to  vote. 

(The  voter  shall  then  sign  his  name  and  read  the  following  aloud 
to  the  officer  taking  his  oath.) 

(Print  five  lines  of  the  State  Constitution  here) 

I  do  herebj'^  further  make  oath  that  the  place  where  I  now  am  is 
not  the  municipality^  in  which  I  claim  this  right  to  vote;  that  I 
have  carefully  read  the  instructions  forwarded  to  me  with  the  ballot 
enclosed,  and  that  I  have  marked  and  sealed  the  within  ballot  as 
stated  by  the  person  taking  my  oath. 

(Signature  of  voter) 

Subscribed  and  sworn  to  before  me  by  the  above  affiant  this 
day  of ,  19 . . ;  and  I  hereby  cer- 
tify that  such  affiant  has  signed  his  name  in  my  presence,  or  was 
prevented  by  physical  incapacity  from  so  doing,  read  aloud  the  five 
fines  of  the  state  constitution  appearing  hereon  in  such  a  manner 
as  to  show  he  was  neither  prompted  nor  reciting  from  memory, 
and  that  when  I  was  alone  with  him,  he  showed  me  the  ballot 
herein  enclosed,  unmarked,  and  then  in  my  presence  marked  the 
same  without  my  seeing  how  he  marked  it,  after  which  he  sealed 
the  said  ballot  in  this  envelope.  I  had  no  communication  with  the 
affiant  as  to  how  he  was  to  vote. 

Name  of  Officer 

(Seal,  if  any)  Unit 

Military  or  Naval  Rank 

(d)  Blank  forms  of  application  for  qualification  of  person 
in  service  as  a  voter  as  provided  in  this  act,  worded  sub- 
stantially as  follows: 

I, ,  a  duly  registered  voter  of  the  city  or 

(Name  of  Applicant) 

town  of ,  residing  at hereby 

(Name  of  City  or  Town  where  Ap-  (Street  and  Number) 

plicant  is  registered  as  a  Voter) 

make  oath  that is  now  serving  in  the 

(Name  of  Person  in  Service)  (Name  of  Unit) 

of  the  United  States ;  that  on  January  first  of 


Acts,  1943.  —  Chap.  390.  477 

last  year  he  was  a  legal  resident  of at , 

(City  or  Town  and  State)     (Street  and  Number) 

and,  on  January  first  of  this  year,  of at 

(City  or  Town  and  State) 

;  that  he  is  now  a  legal  resident  of 

(Street  and  Number)  (City  or  Town  and  State) 

at ;  that  he  was  born  in ... . 

(Street  and  Number) 

on ;    and  that  he 

(City  or  Town  and  State  or  Country)  (Date  of  Birth) 

has  legally  resided  in  the  commonwealth  of  Massachusetts  for  one 

year  and  in  the  city  or  town  of for  six 

months  next  preceding  the  election  at  which  his  right  to  vote  is  now 
being  claimed. 

I  hereby  further  declare  that  I  am of  the 

(Degree  of  Relationship) 

person  herein  named  in  whose  behalf  this  application  for  qualifica- 
tion as  a  voter  at  said  election  is  claimed. 

(Signature  of  applicant) (Date) ,  19 . . . 

Personally  appeared  before  me  the  above-named and 

made  oath  that  the  foregoing  statements  are  true  to  the  best  of  his 
knowledge  and  beUef. 


(Registrar  of  Voters) 

(If  the  person  in  whose  behalf  the  application  is  made  is  a  natural- 
ized citizen  or  has  derived  United  States  citizenship  through  the 
naturalization  of  another,  the  registrars  shall  record  in  the  space 
below,  from  the  papers  presented  by  the  applicant,  the  facts  re- 
quired to  show  the  citizenship  of  the  person  in  ser\ace.) 

(Not  to  be  filled  in  by  applicant) 

We,  the  undersigned,  a  majority  of  the  registrars  of  voters  of 
the of ,  acting  under 

(City  or  Town)  (Name  of  City  or  Town) 

authority  of  section of  chapter of  the  Acts  of  1943, 

do  hereby  determine  that is  (is  not)  quali- 

(Name  of  Person  in  Service) 

fied  to  vote  at  the to  be  held  in  Ward , 

(Name  of  Election) 

Precinct of  the  city  or  town  of on 

.19... 

(Four  blank  fines  for  signatures  of  registrars) 

(e)  Blank  forms  of  report  of  police  investigation,  worded 
substantially  as  follows: 

This  is  to  certify  that,  after  investigation,  I  find  that,  on  January 
first  of  this  year, was  a 

(Name  of  Person  in  whose  Behalf  Application 
for  C}ualification  as  Voter  is  made) 

resident  of ,  and  that  he  is  now  a  legal 

(City  or  Town  and  State) 

resident  of at This 

(City  or  Town  and  State)  (Street  and  Number) 

information  was  furnished  to  me  by re- 

(Name  of  Informant) 

siding  at 

(Place  of  Residence  of  Informant) 

(Signed) 

^Police  Officer) 


478  Acts,  1943.  —  Chaps.  391,  392. 

(/)  Suitable  forms  of  certificates  of  listing,  notices  of 
omitted,  additional  or  corrected  listings  to  assessors  and  col- 
lectors of  taxes  and  notices  to  registrars  of  voters  of  other 
cities  or  towns. 

Section  13.  The  registrars  of  voters  in  the  preparation  of 
their  annual  register  shall  remove  therefrom  the  name  of  each 
person  registered  under  the  provisions  of  this  act  who  does 
not  re-register  in  person  as  a  voter  within  six  months  of  the 
time  of  his  or  her  discharge  from  the  armed  forces  of  the 
United  States  or  of  the  termination  of  the  existing  states  of 
war  between  the  United  States  and  certain  foreign  countries. 

Section  14.  If  any  part  of  this  act,  or  section  thereof, 
shall  be  declared  unconstitutional,  the  validity  of  the  re- 
maining parts  thereof  shall  not  be  affected  thereby. 

Section  15.  This  act  shall  remain  in  force  only  during 
such  period  as  the  existing  war  between  the  United  States 
and  certain  foreign  countries  shall  continue  and  until  a 
declaration  of  the  termination  thereof  by  the  President  of 
the  United  States.  Approved  June  2,  1943. 

Chap. 391  An  Act  relative  to  the  disposition  of  receipts  from 

THE    PUBLIC    GOLF    COURSE    MAINTAINED    BY    THE    CITY    OF 
SALEM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  board  of  park  commissioners  in  the  city  of 
Salem  shall  deposit  with  the  city  treasurer  all  moneys  re- 
ceived from  the  use  of  the  public  golf  course  maintained  by 
said  city  and  from  the  sale  of  supplies  or  other  articles  thereat. 
Such  deposits  shall  be  kept  in  a  separate  account  to  be  known 
■  as  the  Fund  Receipts  from  Golf  Course.  Expenditures  shall, 
subject  to  appropriation,  be  made  from  said  fund  by  said 
board  of  park  commissioners  for  improving  and  maintaining 
the  parks  or  playgrounds  in  said  city. 

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

Approved  June  2,  1943. 


Chap. 392  An    Act   authorizing    appropriations    for    temporary 

INCREASES.   IN    THE    SALARIES    OF    CERTAIN    OFFICERS    AND 
employees    IN    THE    SERVICE    OF   THE    CITY    OF   LOWELL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  provision  of  general  law  or  of  chapter 
eighty-eight  of  the  acts  of  the  current  year,  or  of  any  other 
special  act  relating  to  the  city  of  Lowell,  to  the  contrary  not- 
withstanding, the  mayor  of  said  city  may  recommend  and 
the  city  council  thereof  may  vote  to  appropriate  additional 
sums  of  money  for  temporary  increases  of  not  more  than  ten 
per  cent  of  the  salaries  and  wages  of  each  officer  and  emploj^ee, 
except  officers  and  employees  of  the  school  department,  in 


Acts,  1943.  —  Chaps.  393,  394.  479 

the  service  of  said  city.  The  increase  in  salaries  provided 
for  by  this  act  shall  be  effective  June  first  in  the  current  year 
and  shall  continue  in  effect  until  the  adoption  of  the  annual 
budget  for  the  year  nineteen  hundred  and  forty-four,  and 
such  increases  shall  not  prevent  an  officer  or  employee  from 
receiving  during  said  period  step  rate  increases  to  which  he 
may  be  entitled. 

Section  2.  No  increase  in  salary  made  by  this  act  shall, 
for  any  purpose  of  chapter  thirty-two  of  the  General  Laws  or 
any  other  provision  of  law  providing  for  pensions,  annuities 
or  retirement  allowances  for  officers  or  employees  of  said 
city,  be  deemed  or  construed  to  be  a  portion  of  the  regular 
compensation  of  any  officer  or  employee  now  or  formerly  in 
the  service  of  said  city. 

Section  3.  No  appropriation  or  transfer  of  funds  voted 
for  such  increases  shall  be  valid  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. 

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

Approved  June  2,  1943. 


An  Act  to  provide  for  certain  work  at  the  Gloucester  Chav.S9S 

FISH  PIER,  so  called,  IN  THE  CITY  OF  GLOUCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  public  works  is  hereby 
authorized  and  directed  to  expend  such  sum,  not  exceeding 
fifteen  thousand  dollars,  as  may  hereafter  be  appropriated 
therefor,  for  work  at  the  Gloucester  fish  pier,  so  called,  as 
follows :  —  For  filling  said  pier  to  grade  and  repairing  the 
main  sewer. 

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

Approved  June  2,  1943. 


Chap.SM 


An  Act  further  regulating  pay  and  allowances  of 
officers,  warrant  officers  and  soldiers  of  the  land 
forces  of  the  commonwealth. 

Whereas,  The  deferred  operation  of  this  act  would  tend,  Emergency 
in  part,  to  defeat  its  purpose,  which  is  to  provide  immedi- 
ately a  more  equitable  system  of  pay  and  allowances  for  the 
land  forces  of  the  commonwealth;  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: 

Section  1.  Section  one  hundred  and  fourteen  of  chapter  o.  l.  (Ter. 
thirty-three  of  the  General  Laws,  as  appearing  in  section  one  f  ti4,^etc., 
of  chapter  four  hundred  and  twenty-five  of  the  acts  of  nine-  amended. ' 
teen  hundred  and  thirty-nine,  is  hereby  amended  by  striking 


480 


Acts,  1943.  —  Chap.  395. 


Pay  of  officers 
and  men. 


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


Same 
subject. 


out  paragraphs  (a)  and  (6)  and  inserting  in  place  thereof  the 
following  two  paragraphs :  — 

(a)  There  shall  be  allowed  and  paid  per  diem  to  officers 
and  warrant  officers  of  the  land  forces,  on  rolls  and  accounts 
kept  in  such  form  as  the  commander-in-chief  may  prescribe, 
for  the  duty  prescribed  by  sections  seventeen,  eighteen,  nine- 
teen or  one  hundred  and  five,  the  same  per  diem  pay  as  would 
be  received  by  them  if  they  were  in  the  military  service  of 
the  United  States,  and  for  the  duty  prescribed  by  section 
eleven  either  pay  of  grade  as  specified  above  or  special  duty 
pay,  as  directed  by  the  commander-in-chief. 

(b)  There  shall  be  allowed  and  paid  per  diem  to  soldiers 
of  the  land  forces,  on  rolls  and  accounts  kept  in  such  form  as 
the  commander-in-chief  may  prescribe,  for  the  duty  pre- 
scribed by  sections  seventeen,  eighteen  or  nineteen,  as  fol- 
lows: bandsmen,  four  dollars  and  fifty-five  cents;  cooks, 
three  dollars  and  fifty-five  cents,  if  it  is  certified  and  made  to 
appear  that  in  each  case  the  duty  of  superintending  and  as- 
sisting in  the  preparation  of  the  food  of  the  company  was 
actually  performed  by  the  cook  in  person  during  the  tour  of 
duty  or  day  of  duty  for  which  he  is  returned  for  pay,  other- 
wise, the  pay  of  other  enlisted  men  of  like  grade;  and  every 
other  enlisted  man  the  same  per  diem  pay  received  by  soldiers 
of  hke  grade  in  the  regular  army;  provided,  that  the  per 
diem  pay  of  soldiers  of  the  land  forces  for  the  duty  prescribed 
by  section  eleven  shall  be  either  pay  of  grade  as  specified 
above  or  special  duty  pay,  as  directed  by  the  commander-in- 
chief. 

Section  2.  Paragraph  (d)  of  said  section  one  hundred  and 
fourteen  of  said  chapter  thirty-three,  as  so  appearing,  is 
hereby  amended  by  inserting  after  the  word  "diem"  in  the 
third  line  the  words:  —  special  duty  pay  as  follows: — , — 
so  as  to  read  as  follows :  — 

(d)  For  all  other  duty  under  orders  of  the  commander- 
in-chief  unless  specially  provided,  or  as  a  witness  or  defend- 
ant under  summons,  there  shall  be  paid  per  diem  special 
duty  pay  as  follows :  —  to  all  officers  above  the  rank  of  cap- 
tain, four  dollars;  to  every  other  commissioned  officer,  two 
dollars  and  fifty  cents;  to  every  member  of  a  band,  three 
dollars  and  fifty-five  cents,  and  if  with  troops  one  dollar 
additional;  and  to  every  other  enlisted  man,  one  dollar  and 
fifty-five  cents,  except  where  payment  is  made  therefor  from 
federal  funds.  Approved  June  2,  1943. 


Chap. 395  An  Act  relative  to  the  excise  on  corporations  inter- 
ested IN  SHIPS  AND   vessels. 


G.  L.  (Ter. 
Ed.),  03, 
§  4.5,  etc., 
amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  forty-five  of  chapter  sixty-three  of  the  General 
Laws,  as  most  recently  amended  by  section  five  of  chapter 
four  hundred  and  seventy-three  of  the  acts  of  nineteen 
hundred  and  thirty-five,  is  hereby  further  amended  by  in- 


Acts,  1943.  — Chap.  396.  481 

serting  after  the  word  "inclusive"  in  the  fourth  Une  the  fol- 
lowing:—  ,  or  under  section  sixty-seven,  —  so  as  to  read 
as  follows :  —  Section  45.  If  the  commissioner  discovers  from  Assessment 
the  verification  of  a  return,  or  otherwise,  that  the  full  amount  tfonaf  tax. 
of  any  tax  due  under  sections  thirty  to  fifty-one,  inclusive,  or 
under  section  sixty-seven,  has  not  been  assessed,  he  may,  at 
any  time  within  two  years  after  September  first  of  the  year 
in  which  such  assessment  should  have  been  made,  assess  the 
same,  with  interest  as  provided  in  section  forty-eight  to  the 
date  when  the  additional  tax  so  assessed  is  required  to  be 
paid  hereunder,  first  giving  notice  to  the  corporation  to  be 
assessed  of  his  intention;  and  a  representative  of  the  cor- 
poration shall  thereupon  have  an  opportunity,  within  ten 
days  after  such  notification,  to  confer  with  the  commissioner 
as  to  the  proposed  assessment.  After  the  expiration  of  ten 
days  from  the  notification  the  commissioner  shall  assess  the 
amount  of  the  tax  remaining  due  the  commonwealth  with 
interest  as  aforesaid,  and  shall  give  notice  to  the  corporation 
so  assessed.  Any  tax  so  assessed  shall  be  required  to  be  paid 
to  the  commissioner  fourteen  days  after  the  date  of  the  notice. 

Approved  June  2,  1943. 


An  Act  relative  to  the  unincorporated  association 

KNOWN  AS  "relief  PLAN  OF  BETHLEHEM  STEEL  CORPORA- 
TION  AND    SUBSIDIARY    COMPANIES". 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  persons  who  from  time  to  time  are  or 
shall  be  members  of  the  unincorporated  association  known  as 
"Relief  Plan  of  Bethlehem  Steel  Corporation  and  Sub- 
sidiary Companies",  while  acting  as  members  of  and  on  be- 
half of  said  unincorporated  association,  and  said  association, 
are  hereby  exempted  from  all  provisions  of  general  and 
special  law,  other  than  this  act,  relative  to  insurance  and  to 
fraternal  benefit  societies. 

Section  2.  Membership  in  said  association  shall  consist 
only  of  employees  of  corporations  ninety  per  cent  or  more  of 
the  outstanding  capital  stock  of  which  is  from  time  to  time 
owned,  directly  or  indirectly,  by  Bethlehem  Steel  Corpora- 
tion. 

Section  3.  Said  association  may  afford  relief  to  its  mem- 
bers, not  exceeding  twelve  dollars  a  week  or  six  hundred  and 
twenty-four  dollars  in  any  period  of  twelve  consecutive 
months,  for  disability  caused  by  sickness  or  accident,  and 
may  pay  death  or  funeral  benefits  not  exceeding  fifteen  hun- 
dred dollars  in  any  one  case;  but,  except  as  aforesaid,  shall 
not  engage  in  the  business  of  insurance. 

Approved  June  2,  1943. 


Chap.SQQ 


482 


Acts,  1943.  —  Chaps.  397,  398. 


Chap. 397 


G.  L.  (Ter. 
Ed.),  81,  new 
§  7C.  added. 


Laying  out 
of  limited 
access  ways. 


An  Act  relative  to  limited  access  ways. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  eighty-one  of  the  General  Laws  is  hereby  amended 
by  inserting  after  section  seven  B,  inserted  by  chapter  five 
hundred  and  nineteen  of  the  acts  of  nineteen  hundred  and 
forty-one,  the  following  section:  —  Section  7C.  If  the  de- 
partment determines  that  public  necessity  and  convenience 
require  that  a  limited  access  way  shall  be  laid  out,  it  shall 
lay  out  such  way  in  the  same  manner  as  state  highways.  A 
limited  access  way  is  hereby  defined  to  be  a  highway  over 
which  the  easement  of  access  in  favor  of  abutting  land  exists 
only  at  such  points  and  in  such  manner  as  is  designated  in 
the  order  of  laying  out.  All  of  the  provisions  of  law  in  re- 
gard to  the  laying  out,  relocation,  alteration  or  discontinu- 
ance of  state  highways  and  to  damages  therefor  shall  apply 
to  limited  access  ways.  If  a  limited  access  way  is  laid  out 
in  whole  or  in  part  in  the  location  of  an  existing  public  way, 
the  owners  of  land  abutting  upon  such  existing  public  way 
shall  be  entitled  to  recover  damages  under  chapter  seventy- 
nine  for  the  taking  of  or  injury  to  their  easements  of  access 
to  such  public  way.  No  highway,  town  way  or  private  way 
shall  be  laid  out  by  county  commissioners,  by  the  selectmen 
of  a  town  or  by  the  appropriate  officer  or  board  of  a  city 
which  crosses,  enters  upon  or  unites  with  a  limited  access 
way,  without  the  consent  in  writing  of  the  department. 

Approved  June  2,  1943. 


Chap. 398  An  Act  relative  to   pensions  op  special  justices  of 

DISTRICT   COURTS. 


G.  L.  (Ter. 
Ed.).  32. 
§  65B,  etc., 
amended. 


Pensions  for 
special  justices 
of  district 
courts. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  thirty-two  of  the  General  Laws  is  hereby  amended 
by  striking  out  section  sixty-five  B,  inserted  by  section  one 
of  chapter  six  hundred  and  eighty-nine  of  the  acts  of  nine- 
teen hundred  and  forty-one,  and  inserting  in  place  thereof 
the  following  section:  —  Section  65 B.  A  special  justice  of  a 
district  court,  including  the  municipal  court  of  the  city  of 
Boston,  who  shall  be  retired  under  Article  LVIII  of  the 
amendments  to  the  constitution,  or  a  special  justice  thereof 
sixty-five  years  of  age  or  over  who  shall  resign  his  office,  after 
in  either  case  having  served  as  a  special  justice  for  at  least 
ten  years,  shall  be  entitled  to  receive  a  pension  for  life  at  an 
annual  rate  equal  to  three  fourths  of  his  average  yearly  earn- 
ings as  special  justice  during  the  period  of  ten  years  next 
preceding  such  retirement  or  resignation  or  at  an  annual 
rate  equal  to  three  fourths  of  his  average  yearly  earnings  as 
special  justice  during  the  entire  period  of  his  service  in  said 
office,  whichever  is  the  higher  rate,  but  not  exceeding  in  any 
event  an  annual  rate  equal  to  three  fourths  of  the  annual 
rate  of  salary  of  the  justice  of  his  court  or,  in  the  case  of  the 
municipal  court  of  the  city  of  Boston,  three  fourths  of  the 


Acts,  1943.  —  Chaps.  399,  400.  483 

annual  rate  of  salary  of  an  associate  justice  of  said  court, 
payable  from  the  same  source  and  in  the  same  manner  as 
the  salary  of  such  justice  or  associate  justice,  as  the  case 
may  be.  Approved  June  2,  194S. 

An  Act  authorizing  the  placing  of  the  office  of  chief  Chav.S99 

ENGINEER  OF  THE  FIRE  DEPARTMENT  OF  THE  PALMER 
FIRE  DISTRICT  NUMBER  ONE  OF  PALMER  UNDER  THE  CIVIL 
SERVICE    LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  The  office  of  chief  engineer  of  the  fire  depart- 
ment of  the  Palmer  Fire  District  Number  One  of  Palmer 
shall,  upon  the  effective  date  of  this  act,  become  subject  to 
the  civil  service  laws  and  rules  and  regulations  relating  to 
permanent  members  of  fire  departments  in  towns,  and  the 
tenure  of  office  of  any  incumbent  of  said  office  shall  be  un- 
limited, subject,  however,  to  said  laws,  but  the  present  in- 
cumbent of  said  office  may  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.  After 
this  act  takes  full  effect,  any  vacancy  in  said  office  shall  be 
filled  by  appointment  by  the  prudential  committee  of  said 
district. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  a  majority  vote  of  the  voters  of  the  said  Palmer  Fire 
District  Number  One  of  Palmer  present  and  voting  thereon 
at  a  district  meeting  called  for  the  purpose  within  three  years 
after  its  passage,  but  not  otherwise. 

Approved  June  2,  1943. 


An   Act   increasing   the   amounts   of   certain   death  (7/iao.400 
benefits  under  the  workmen's  compensation  law. 

Be  it  enacted,  etc.,  as  follows: 

Section  thirty-one  of  chapter  one  hundred  and  fifty-two  g.  l.  (Ter. 
of  the  General  Laws,  as  amended,  is  hereby  further  amended  fii'^lili 
by  striking  out  the  last  paragraph,  as  appearing  in  the  Ter-  amended.' 
centenary  Edition,  and  inserting  in  place  thereof  the  fol- 
lowing :  — 

In  all  other  cases  of  total  dependency,  the  insurer  shall  Death  pay- 
pay  the  dependents  of  the  employee  wholly  dependent  upon  amount  of. 
his  earnings  for  support  at  the  time  of  the  injury  a  weekly 
payment  equal  to  two  thirds  of  his  average  weekly  wages, 
but  not  more  than  twelve  dollars  nor  less  than  five  dollars  a 
week,  for  a  period  of  five  hundred  weeks ;  but  in  no  case  shall 
the  amount  be  more  than  four  thousand  dollars.  If  the  em- 
ployee leaves  dependents  only  partially  dependent  upon  his 
earnings  for  support  at  the  time  of  his  injury  the  insurer 
shall  pay  such  dependents  a  weekly  compensation  equal  to 
the  same  proportion  of  the  weekly  payments  for  the  benefit 


484  Acts,  1943.  —  Chap.  401. 

of  persons  wholly  dependent  as  the  amount  contributed  by 
the  employee  to  such  partial  dependents  bears  to  the  annual 
earnings  of  the  deceased  at  the  time  of  his  injury.  In  the 
event  of  the  parties  agreeing  or  the  department  finding  that  a 
partial  dependent  is  the  next  of  kin  of  the  deceased  employee 
and  has,  during  the  year  preceding  the  injury,  received  from 
such  deceased  employee  contributions  for  his  support  inde- 
pendent of  gifts  and  gratuities,  such  partial  dependent  shall 
be  paid  by  the  insurer  a  minimum  weekly  compensation  of 
five  dollars.  When  weekly  payments  have  been  made  to  an 
injured  employee  before  his  death,  compensation  under  this 
paragraph  to  dependents  shall  begin  from  the  date  of  the 
death  of  the  employee,  but  shall  not  continue  for  more  than 
five  hundred  weeks;  but  in  no  case  of  partial  dependency 
shall  the  amount  be  more  than  four  thousand  dollars. 

Approved  June  2,  1943. 

ChapAOl  An  Act  providing  for  a  rebate  of  motor  vehicle  reg- 
istration FEES  IN  THE  CASE  OF  REGISTRANTS  WHO  SUR- 
RENDER THEIR  REGISTRATION  CERTIFICATES  AND  NUMBER 
PLATES  BECAUSE  OF  THEIR  ENTRANCE  INTO  THE  MILITARY 
OR   NAVAL   SERVICE   OF   THE    UNITED   STATES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  If,  during  the  existing  state  of  war  between 
the  United  States  and  certain  foreign  countries,  a  person, 
because  of  his  entry  into  the  military  or  naval  service  of 
the  United  States,  surrenders  the  certificate  of  registration 
and  number  plates  of  a  motor  vehicle  or  trailer  registered 
in  his  name  he  shall  be  entitled  to  a  rebate  equal  in  amount 
to  that  proportion  of  the  registration  fee  paid  for  a  full  year 
which  the  number  of  months  in  said  year  following  the  last 
day  of  the  month  in  which  such  surrender  of  certificate  of 
registration  and  number  plates  occurred  bears  to  twelve; 
provided,  that  in  case  such  surrender  occurs  prior  to  August 
first  in  any  year  no  rebate  hereunder  shall  be  less  in  amount 
than  the  rebate  provided  by  section  two  of  chapter  ninety 
of  the  General  Laws.  No  such  rebate  shall  be  paid  unless 
written  application  therefor  is  made  by  the  owner  of  the 
vehicle,  or  by  his  mother  or  father,  wife  or  husband,  sister 
or  brother,  child  eighteen  years  of  age  or  over,  or  a  person 
certified  by  the  registrar  of  motor  vehicles  as  having  author- 
ity, express  or  implied,  from  the  owner  of  such  vehicle  to 
make  such  application,  nor  unless  the  application  is  filed 
before  the  date  of  expiration  of  the  registration  of  said  ve- 
hicle. Except  as  otherwise  provided  herein,  any  such  rebate 
shall  be  made  subject  to  the  provisions  of  said  section  two  of 
said  chapter  ninety. 

Section  2.  This  act  shall  apply  to  certificates  of  regis- 
tration of  motor  vehicles  and  trailers  surrendered  since  Jan- 
uary first  in  the  current  year  and  prior  to  the  effective  date 
of  this  act  as  well  as  to  those  surrendered  on  or  after  said 
effective  date.  Approved  June  2,  lOI^S. 


Acts,  1943.  —  Chaps.  402,  403.  485 


An  Act  placing  the  labor  service  of  the  department  Chav  402 
OF  public  utilities  under  the  civil  service  laws. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  four  of  chapter  thirty-one  of  the  o.  l.  (Xer. 
General  Laws,  as  amended,  is  hereby  further  amended  by  §^4,^k^c^' 
adding  at  the  end  the  following  paragraph :  —  amended. 

The  labor  service  of  the  state  department  of  public  utilities.  Labor  service 
Section  2.    Any  person  holding,  on  January  first  of  the  of  pubUc '"*'"* 
year  nineteen  hundred  and  forty-three,  a  position  in  the  utilities. 
labor  service  of  the  department  of  public  utilities  and  con-  Examinations. 
tinning  to  serve  in  a  position  in  such  labor  service  to  and  in- 
cluding the  effective  date  of  this  act  may  continue  to  serve 
in  such  position  after  passing  a  non-competitive  qualifying 
examination  to  which  he  shall  be  subjected  by  the  division 
of  civil  service.  Approved  June  2,  1943. 


An  Act  extending  the  advantages  of  free  correspond-  Chav. 403 

ENCE  courses  TO  CERTAIN  PRESENT  AND  FORMER  TUBER- 
CULAR patients  of  municipal  hospitals  AND  SANATO- 
RIA. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  sixty-nine  of  the  General  Laws  is  hereby  amended  g-  l-  (Xer. 
by  striking  out  section  seven,  as  most  recently  amended  by  §  i^'ctcl 
chapter  five  hundred  and  sixty-one  of  the  acts  of  nineteen  =*'"'""^'^'* 
hundred  and  forty-one,  and  inserting  in  place  thereof  the 
following  section :  —  Section  7.     The  department  may  co-  University 
operate  with  existing  institutions  of  learning  in  the  estab-  fuid  cor°re- 
lishment  and  conduct  of  university  extension  and  corre-  spondence 
spondence  courses;   may  supervise  the  administration  of  all 
such  courses  supported  in  whole  or  in  part  by  the  common- 
wealth;   and  also,  where  deemed  advisable,  may  establish 
and  conduct  such  courses  for  the  benefit  of  residents  of  the 
commonwealth  and,  provided  that  the  fees  charged  exceed 
the  cost  of  service,  may  enroll  in  correspondence  courses 
such   non-residents   as   are   approved   by   the   department. 
The  department  may  offer  correspondence  courses,  free  of 
charge,  to  inmates  of  county  and  state  hospitals  and  sana- 
toria, municipal  sanatoria  and  tuberculosis  divisions  and 
tuberculosis  wards  of  municipal  hospitals,  county  and  state 
correctional  institutions,  the  Tewksbury  state  hospital  and 
infirmary,  and  federal  hospitals  situated  within  the  common- 
wealth, and  to  veterans,  as  such  term  is  defined  in  section 
twenty-one  of  chapter  thirty-one,  who  come  within  the  class 
referred  to  as  disabled  veterans  in  section  twenty-three  of 
said  chapter  thirty-one,  and  may  permit  university  exten- 
sion courses  to  be  taken,  free  of  charge,  by  such  veterans, 
and  also  by  blind  persons  who  have  resided  in  the  common- 
wealth at  least  one  year  immediately  prior  to  the  taking  of 
such  courses.    The  department  may  also  furnish  correspond- 


486  Acts,  1943.  —  Chap.  404. 

ence  courses,  free  of  charge,  to  former  inmates  of  any  of  said 
county  or  state  hospitals  or  sanatoria,  municipal  sanatoria 
and  tuberculosis  divisions  and  tuberculosis  wards  of  munici- 
pal hospitals,  for  a  period  of  one  year  immediately  following 
their  discharge  therefrom;  provided,  that  such  courses  shall 
be  furnished  only  for  the  purpose  of  completing  correspond- 
ence courses  in  which  said  former  inmates  had  enrolled  prior 
to  their  discharge.  It  may,  in  accordance  with  rules  and 
regulations  established  by  it,  grant  to  students  satisfactorily 
completing  such  courses  suitable  certificates. 

Approved  June  2,  1943. 

ChapA04:  An   Act  authorizing   the   establishment   within   the 

TOWN    OF    WEYMOUTH    OF    A    HOSPITAL    FOR    THE    INHABIT- 
ANTS  OF   SUCH   TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Mrs.  Gertrude  A.  Cassese,  Clement  N.  Curtis, 
Preston  A.  DePlacido,  Allan  C.  Emery,  John  Gallant,  Roger 
P.  Loud,  Mrs.  Lucy  P.  Mahoney,  Mrs.  Emily  L.  McGovern, 
Honorable  Kenneth  L.  Nash,  Timothy  G.  Osborn,  George  E. 
Pruden,  A.  Wesley  Sampson,  Mrs.  Marguerite  W.  Shaftoe, 
Russell  A.  Stiles  and  C.  Parker  Whittle,  Jr.,  all  of  the  town 
of  Weymouth,  and  their  successors  who  shall  be  residents  of 
said  town,  are  hereby  made  a  corporation  by  the  name  of  the 
Laban  Pratt  Hospital,  for  the  sole  purpose  of  establishing  and 
maintaining  a  public  hospital  for  the  use  of  the  inhabitants 
of  said  town  and  others  who  may  be  admitted  thereto  under 
the  provisions  of  the  will,  and  the  codicil  thereto,  of  Laban 
Pratt,  late  of  Boston,  deceased,  and  may  require  medical  and 
surgical  treatment. 

Section  2.  Said  corporation  shall  have  authority  for  the 
purpose  aforesaid,  and  no  other,  to  hold  real  and  personal 
estate  to  the  amount  of  one  million  dollars. 

Section  3.  The  chairman  of  the  board  of  selectmen,  the 
town  accountant  and  the  town  treasurer,  severally  for  the 
time  being,  and  their  successors,  shall  be  trustees,  ex-officiis 
during  the  terms  of  their  respective  offices,  and,  together 
with  the .  corporators  above  named,  shall  constitute  the 
board  of  trustees,  of  whom  the  chairman  of  the  board  of 
selectmen  shall  be  ex-officio  chairman,  and  whose  terms  of 
office,  except  as  above  provided,  shall  be  as  follows:  —  The 
trustees  shall  in  the  year  next  following  the  acceptance  of 
this  act  as  hereinafter  provided,  elect  five  of  their  members 
whose  terms  of  office  are  not  fixed  as  above,  who  shall  hold 
for  the  term  of  one  year  from  the  first  day  of  the  following 
February,  and  five  of  their  own  number  who  shall  hold  for 
the  term  of  two  years  from  said  first  day  of  the  following 
February,  and  the  remaining  five  shall  be  elected  to  hold  for 
the  term  of  three  years  from  the  said  first  day  of  the  follow- 
ing February,  and  who  shall  severally  hold  for  the  terms  for 
which  they  are  elected  and  until  their  successors  are  chosen. 


Acts,  1943. —  Chap.  404.  487 

and  thereafter,  as  the  terms  of  office  of  the  members,  other 
than  the  members  ex-officiis,  expire,  the  town  shall  annually, 
by  ballot,  elect  such  number  of  trustees,  for  the  term  of  three 
years  each,  as  are  necessary  to  fill  such  vacancies.  Six  mem- 
bers of  the  board  shall  constitute  a  quorum,  except  in  the 
election  or  removal  of  trustees  when  a  majority  of  the  board 
shall  be  required.  Whenever  a  vacancy  shall  occur  in  the 
board  of  trustees  by  reason  of  the  death,  resignation  or  other- 
wise of  the  members  so  elected,  the  remaining  trustees  shall 
fill  the  vacancy  for  the  unexpired  term.  No  member  of  the 
board  as  such  shall  receive  compensation  for  his  services. 
The  town  of  Weymouth  is  hereby  authorized  and  empowered 
to  place  in  trust  in  the  hands  of  the  trustees  of  said  corpora- 
tion all  funds,  gifts  and  bequests,  which  are  or  may  be  held 
by  it  for  the  purpose  of  establishing  and  maintaining  said 
hospital,  especially  all  sums  it  has  or  may  from  time  to  time 
receive  from  the  trustees  appointed  under  the  will  of  the  said 
Laban  Pratt,  deceased.  And  said  corporation  shall,  upon  the 
acceptance  of  this  act  as  hereinafter  provided,  receive  and 
hold  all  past  and  future  bequests  and  gifts  that  may  be  made 
for  the  maintenance  of  said  hospital,  and  the  same  shall  be 
appropriated,  held  and  used  by  said  corporation  for  the  sole 
use  and  purpose  aforesaid  as  a  trust  in  behalf  of  and  for  the 
inhabitants  of  said  town,  and  to  such  other  persons  as  may 
be  permitted  to  enjoy  the  benefits  of  said  hospital  in  pursu- 
ance of  the  provisions  of  said  will  and  codicil.  Said  trustees 
shall  render  to  the  board  of  selectmen  annually  as  of  the  first 
of  January  a  report  of  their  proceedings,  with  a  statement  of 
the  condition  of  the  hospital,  the  property  and  funds  per- 
taining to  the  same,  with  an  accurate  account  of  all  receipts 
and  expenditures,  together  with  such  other  information  or 
suggestions  they  may  deem  desirable,  which  report  shall  be 
published  by  the  board  of  selectmen  in  the  annual  town  re- 
port. Said  trustees  shall  in  behalf  of  said  town  carefully  and 
considerately  carry  into  execution  the  generous  plan  of  the 
testator  as  contemplated  by  the  said  will  and  codicil. 

Section  4.  The  town  treasurer  of  said  town  of  Weymouth 
shall  be  the  custodian  of  all  funds  and  securities  of  the  hos- 
pital, and  shall,  as  directed  by  the  trustees,  invest  and  rein- 
vest them,  and  make  expenditures  therefrom.  The  town 
treasurer  shall  furnish  a  bond  satisfactory  to  the  trustees  for 
the  faithful  performance  of  his  duties,  and  his  books  of  ac- 
count and  vouchers  shall  at  all  times  be  open  to  the  trustees, 
or  any  one  of  them. 

Section  5.  The  trustees  shall  appoint  a  clerk  whose  duty 
it  shall  be  to  keep  a  full  and  fair  record  of  the  proceedings  of 
the  board,  and  to  discharge  such  other  duties  as  they  shall 
from  time  to  time  prescribe.  The  compensation  of  the  clerk 
shall  be  fixed  by  the  trustees. 

Section  6.  The  trustees  shall  have  full  power  to  elect 
such  other  officers  as  they  may  from  time  to  time  think  neces- 
sary or  expedient,  and  to  determine  and  fix  the  tenure  of  their 


488  Acts,  1943.  —  Chap.  405. 

offices,  to  remove  any  trustee  who  shall  be  incapable  through 
age,  removal  from  the  town,  infirmity  or  otherwise  for  the 
discharge  of  his  duties  as  said  trustee,  or  who  by  unreason- 
able absence  from  the  meetings  of  the  board  shall  fail  to  dis- 
charge the  duties  of  his  office,  and  generally  to  do  all  acts  and 
things  necessary  or  expedient  to  be  done  for  the  purpose  of 
carrying  into  full  effect  the  provisions  and  purposes  of  this 
act. 

Section  7.  It  shall  be  the  duty  of  the  trustees  to  safely 
and  securely  invest,  or  to  hold  invested,  the  trust  funds 
derived  under  said  will  or  otherwise,  and  they  shall  have  re- 
gard at  all  times  to  all  the  provisions  of  said  will  affecting 
said  trust  and  the  desire  of  the  testator  as  expressed  therein. 

Section  8.  Nothing  in  this  act  contained  shall  be  held  to 
alter  or  impair  any  trust  created  by  said  will  and  codicil. 
The  corporation  hereby  created,  acting  through  its  trustees 
and  proper  officers,  shall  be  deemed  the  agent  of  said  town  of 
Weymouth  for  the  proper  execution  of  all  trusts  arising  under 
the  provisions  of  said  will  and  codicil.  Nothing  in  this  act 
contained  shall  be  construed  as  releasing  said  town  of  Wey- 
mouth from  any  obligation  arising  from  the  acceptance  of 
said  bequest  under  said  will  and  codicil  or  from  any  condi- 
tion made  therein.  Said  Allan  C.  Emery  is  hereby  authorized 
and  empowered  to  prescribe  the  time  and  place  for  the  hold- 
ing of  the  first  meeting  of  said  trustees  and  to  notify  them 
thereof. 

Section  9.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  a  majority  of  the  town  meeting  members  of  the  town 
of  Weymouth  present  and  voting  thereon  at  a  meeting  legally 
called  for  this  purpose  not  later  than  five  years  after  the  date 
of  the  passage  of  this  act,  but  not  otherwise. 

Approved  June  2,  1943. 

ChapA05  An  Act  relative  to  the  filing  fees  to  be  paid  in  con- 
nection WITH  THE  CONSOLIDATION  OF  BUSINESS  COR- 
PORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

G.L.  (Ter.  SECTION  1.     Scctiou  forty-six  B  of  chapter  one  hundred 

§  468,  etc.,       and  fifty-six  of  the  General  Laws,  as  inserted  by  section  two 
amended.  ^f  chapter  fivc  hundred  and  fourteen  of  the  acts  of  nineteen 

hundred  and  forty-one,  is  hereby  amended  by  striking  out 
the  paragraph  contained  in  the  one  hundred  and  second  to 
the  one  hundred  and  eighth  lines,  inclusive,  and  inserting  in 
place  thereof  the  following  paragraph :  — 
Filing  fee.  The  filing  fee  to  be  paid  to  the  state  secretary  for  any  in- 

crease of  capital  stock,  based  upon  the  increase  of  the  author- 
ized capital  stock  of  the  consolidated  corporation  above  the 
total  aggregate  capital  stock  theretofore  authorized  for  the 
constituent  corporations,  shall  be  determined  in  the  man- 
ner provided  by  section  fifty-four,  but  in  no  event  shall  the 
fee  for  filing  the  articles  of  consolidation  be  less  than  fifty 
dollars. 


Acts,  1943. —  Chap.  406.  489 

Section  2.    Section  forty-six  D  of  said  chapter  one  hun-  g.  l.  fxer. 
dred  and  fifty-six,  as  so  inserted,  is  hereby  amended  by  strik-  §^4i5b!  etc.. 
ing  out  the  paragraph  contained  in  the  sixty-fourth  to  the  «"'ended. 
seventy-third  hnes,  inclusive,  and  inserting  in  place  thereof 
the  following  paragraph :  — 

If  the  consolidated  corporation  is  to  be  a  domestic  corpora-  Filing  fee. 
tion  the  filing  fee  to  be  paid  to  the  state  secretary  for  any 
increase  of  capital  stock,  based  upon  the  increase  of  the 
authorized  capital  stock  of  the  consolidated  corporation 
over  the  total  aggregate  capital  previously  authorized  for 
the  constituent  domestic  corporations,  shall  be  determined 
in  the  manner  provided  by  section  fifty-four,  but  in  no  event 
shall  the  fee  for  filing  the  articles  of  consolidation  be  less 
than  fifty  dollars  if  the  consolidated  corporation  is  to  be  a 
domestic  corporation  nor  less  than  one  hundred  dollars  if 
the  consolidated  corporation  is  to  be  a  foreign  corporation. 

Approved  June  2,  1943. 


An  Act  to  exempt  persons  in  the  military  and  naval  ChapAOQ 

SERVICE    OF   THE    UNITED    STATES    FROM    THE    PAYMENT    OF 
POLL   TAXES. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^r^ambiT^ 
to  defeat  its  purpose,  which  is  to  exempt  immediately  per- 
sons who  served  or  are  serving  in  the  armed  forces^of  the 
United  States  during  the  existing  states  of  war  between  the 
United  States  and  certain  foreign  countries  from  the  pay- 
ment of  poll  taxes  and  to  provide  for  the  reimbursement  to 
such  persons  of  such  taxes  which  may  already  have  been 
paid,  therefore  it  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public  con- 
venience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Inhabitants  of  the  commonwealth  liable  to  Suspension  of 
be  assessed  for  a  poll  tax  who  were  engaged  in  the  military  mimbe'rJo'f 
or  naval  service  of  the  United  States  during  the  existing  '"'"^d  forces. 
states  of  war  between  the  United  States  and  certain  foreign 
countries  before  the  effective  date  of  this  act,  and  those  who, 
on  or  after  said  date,  engage  in  said  service,  shall  be  assessed 
in  accordance  with  law  for  poll  taxes,  but  shall  be  exempt 
from  the  payment  of  all  poll  taxes  assessed  for  the  year  nine- 
teen hundred  and  forty-one  and  for  any  subsequent  year 
during  the  continuance  of  said  states  of  war. 

Section  2.  All  taxes  heretofore  collected  which  would  Refunds. 
be  exempt  from  payment  under  section  one  shall,  at  the  re- 
quest of  the  person  assessed,  be  refunded  by  the  city  or 
town  receiving  the  same  and  charged  to  the  overlay  of  the 
year  in  which  the  tax  so  exempted  from  payment  was  as- 
sessed. Approved  June  3,  1943. 


490 


Acts,  1943.  —  Chaps.  407,  408. 


Emergency 
preamble. 


Chav. 407  An  Act  providing  for  the  extension  of  the  temporary 

CIGARETTE   TAX. 

Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose  by  depriving  the  commonwealth  of 
necessary  revenue,  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  nineteen  of  chapter  four  hundred  and  seventeen 
of  the  acts  of  nineteen  hundred  and  forty-one  is  hereby 
amended  by  striking  out,  in  the  fourth  line,  the  word  "forty- 
three"  and  inserting  in  place  thereof  the  word:  —  forty- 
five,  —  so  as  to  read  as  follows:  —  Section  19.  Sections  one 
to  seventeen,  inclusive,  of  this  act  shall  become  effective  on 
July  first  of  the  current  year  and  shall  continue  in  effect 
until  July  first,  nineteen  hundred  and  forty-five;  and  this 
section  and  section  eighteen  of  this  act  shall  take  effect  upon 
its  passage.  Approved  June  3,  1943. 


Chap. 40S  An   Act   relative   to    births,    deaths   and   marriages 

TAKING    PLACE    ON    FEDERAL    RESERVATIONS. 


Emergency 
preamble. 


Births  and 
deaths  on 
federal 
reservations. 


Marriages 
solemnized 
on  federal 
reservations, 
recording  of. 


Whereas,  The  deferred  operation  of  this  act  would  delay 
the  accomplishment  of  one  of  its  principal  purposes,  which 
is  to  remove  immediately  certam  impediments  to  the  solem- 
nization of  marriages  on  federal  reservations  of  persons  in 
the  armed  forces  and  others,  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  1.  For  the  purposes  of  chapter  forty-six  of  the 
General  Laws,  all  births  and  deaths  occurring  on  any  federal 
reservation  not  a  part  of  the  commonwealth  shall  be  deemed 
to  take  place  in  the  city  or  town  of  which  the  place  of  birth 
or  death  formed  a  part  immediately  prior  to  its  inclusion  in 
such  reservation. 

Section  2.  For  the  purpose  of  solemnizing  marriages,  any 
federal  reservation  not  a  part  of  the  commonwealth  shall  be 
deemed  to  be  a  part  thereof.  If  both  parties  to  a  marriage 
proposed  to  be  solemnized  on  any  federal  reservation,  whether 
or  not  it  be  a  part  of  the  commonwealth,  dwell  without  the 
commonwealth,  they  may  cause  notice  of  their  intention  to 
be  filed  in  the  office  of  the  clerk  or  registrar  of  any  city  or 
town  contiguous  to  or  partly  contained  in  such  reservation, 
and  the  provisions  of  chapters  forty-six  and  two  hundred  and 
seven  of  the  General  Laws  shall  apply  to  the  filing  of  such 
notice,  the  issuance  of  a  certificate  or  license  pursuant  thereto 
and  to  the  solemnization  and  recording  of  the  marriage,  in  all 


Acts,  1943.  —  Chap.  409.  491 

respects  as  though  such  city  or  town  were  the  place  of  such 
marriage. 

Section  3.    This  act  shall  take  effect  as  of  October  first,  Expiration 
nineteen  hundred  and  forty- two,  and  shall  be  effective  only  °^  ''^*" 
during  the  continuance  of  the  existing  states  of  war  between 
the  United  States  and  any  foreign  country. 

Approved  June  3,  194-3. 


An  Act  to  provide  for  the  acquiring  of  motor  vehi-  (Jhdj)  409 

CLES   or   for   obtaining   THE   USE   THEREOF  BY   THE   MILI-  ^' 

TARY  DIVISION  OF  THE  EXECUTIVE  DEPARTMENT  AND  FOR 
THE  SETTLEMENT  OF  CERTAIN  CLAIMS  AGAINST  THE  COM- 
MONWEALTH ARISING  OUT  OF  THE  OPERATION  OF  MOTOR 
VEHICLES. 

Whereas,  In  the  existing  state  of  war  public  safety  and  Emergenoy 
convenience  require  a  just,  adequate  and  prompt  method  of 
acquiring  and  of  operating  motor  vehicles  by  the  military 
forces  of  the  commonwealth  and  of  disposing  of  claims 
against  the  commonwealth  caused  by  such  operation,  and 
the  deferred  operation  of  this  act  would  tend  to  delay  and 
in  part  to  defeat  that  purpose,  therefore  it  is  hereby  de- 
clared to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  thirty-three  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  inserting  after  section  fifty-five,  as  ap-  f^i^ssl^ssll*' 
pearing  in  section  one  of  chapter  four  hundred  and  twenty-  added. 
five  of  the  acts  of  nineteen  hundred  and  thirty-nine,  the  six 
following  sections :  —  Section  56 A .     In  the  event  that  an  Acquisition 
enemy  which  is  at  war  with  the  United  States  shall  com-  yehMeVsoT 
mence  or  threaten  operations  to  endanger  the  peace  or  safety  military  use. 
of  this  commonwealth,  or  in  the  event  of  tumult,  riot,  mob 
or  catastrophe  within  the  purview  of  section  eighteen  or  sec- 
tion nineteen,  or  in  the  event  that  any  unit  of  the  military 
forces  of  the  commonwealth  shall,  by  order  of  the  com- 
mander-in-chief, be  directed  or  authorized  to  participate  in 
or  engage  in,   any  military  training,   exercise  or  duty  in 
which  the  use  of  motor  vehicles  in  excess  of  the  number 
issued  to  such  unit  by  the  state  quartermaster  is  authorized 
or  directed  in  writing,  the  adjutant  general,  in  the  name  and 
on  behalf  of  the  commonwealth,  may,  under  orders  issued 
by  the  commander-in-chief,  accept  the  gfft  or  loan  of,  or 
the  grant  of  the  temporary  right  to  the  use  and  control  of, 
or  may  hire,  or  purchase  such  motor  vehicle  for  military  use. 

Section  55 B.     Claims  against  the  commonwealth  for  the  claims  for 
destruction  of  or  damage  to  any  motor  vehicle  so  given,  '^''^"^''ses. 
loaned  or  hired,  or  for  any  damage  to  property  or  any  injury 
(including  death  resulting  therefrom)  to  any  person  caused 
by  any  motor  vehicle  during  any  such  period  of  use,  shall 
be  referred  to  a  board  established  under  a  second  paragraph 


492 


Acts,  1943.  —  Chap.  409. 


Compensation 
for  personal 
injuries  or 
death  arising 
from  use  of 
borrowed  or 
hired  motor 
vehicles. 


of  section  fifty-five  C,  and  all  pertinent  provisions  of  said 
paragraph  shall  apply  to  the  settlement  of  such  claims. 
The  commonwealth  shall  not  be  liable  for  the  depreciation 
of  an}^  motor  vehicle  so  acquired. 

Sedio7i  odC.  An  officer,  or  soldier  of  the  military  forces 
of  the  commonwealth,  a  person  not  a  member  of  the  mili- 
tary forces  of  the  commonwealth  but  who  is  the  owner,  or 
is  employed  by  the  owner,  of  a  motor  vehicle  lawfully  loaned 
to  or  hired  by  the  commonwealth  under  section  fifty-five  A 
and  whose  services  are  loaned  or  given  to  the  common- 
wealth for  any  purpose  set  forth  in  said  section,  or  a  person 
rendering  assistance  to  any  of  the  military  forces  of  the 
commonwealth  in  connection  with  the  use  of  a  motor  vehi- 
cle under  any  provision  of  said  section  fifty-five  A  by  re- 
quest or  order  of  a  responsible  officer  of  said  military  forces, 
and  who  by  reason  of  such  voluntary  action  or  employment 
or  assistance  and  without  fault  or  neglect  on  his  part  shall 
receive  any  injury,  be  disabled,  or  contract  any  sickness  or 
disease,  incapacitating  him  from  pursuing  his  usual  business 
or  occupation  shall,  during  the  period  of  such  incapacity,  re- 
ceive compensation  to  be  fixed  by  a  board  appointed  as 
herein  provided  to  inquire  into  his  claim,  the  amount  of 
such  compensation  not  to  exceed,  in  the  case  of  an  officer 
or  soldier,  special  duty  pay  plus  ration  allowance  provided 
by  this  chapter  or,  in  the  case  of  a  person  not  a  member  of 
the  military  forces  of  the  commonwealth,  three  dollars  per 
day  and  in  addition,  in  each  instance,  actual  necessary  ex- 
penses for  medical  services  and  care,  medicines  and  hospi- 
talization. 

In  case  of  death  resulting  from  such  injury,  sickness  or 
disease,  compensation  shall  be  paid  to  the  decedent's  depend- 
ents as  determined  in  accordance  with  section  thirty-two 
and  clause  (3)  of  section  one,  both  of  chapter  one  hundred 
and  fifty-two,  in  the  amount  provided  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  compensation  provided  in  the 
preceding  sentence  and  that,  for  the  purposes  thereof,  said 
board  shall  exercise  all  the  powers  given  by  said  chapter  one 
hundred  and  fifty-two  to  the  department  of  industrial  acci- 
dents. All  claims  arising  under  this  section  and  claims  re- 
ferred to  in  the  first  sentence  of  section  fifty-five  B  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  evi- 
dence, administer  oaths,  issue  subpoenas  and  compel  wit- 
nesses 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.  409.  493 

Section  55D.     If  any  person  makes  a  claim  against  the  Person  mak- 
commonwealth  by  giving  a  notice  as  authorized  by  section  wfivis'other 
fifty-five  F,  he  shall  be  deemed  thereby  to  have  waived  any  "g^ts,  etc. 
and  all  right  or  remedy  against  the  commonwealth  relative 
to  the  subject  matter  of  such  claim  to  which  he  would  other- 
wise be  entitled  by  law. 

Section  55 E.     Where   the   damage   or   injury   for   which  Liability  of 
compensation  is  claimed  under  section  fifty-five  B  or  section  than°common- 
fifty-five  C  was  caused  under  circumstances  creating  a  legal  ^^^g^-g^"  ^f 
liability  in  some  person  other  than  the  commonwealth  to  pay  °"®'"''" 
damages  in  respect  thereof,  the  commonwealth  may  enforce, 
in  the  name  of  the  claimant  or  in  its  own  name  and  for  its 
own  benefit,  the  liability  of  such  other  person.     The  sum 
recovered  shall  be  for  the  benefit  of  the  commonwealth  unless 
such  sum  is  greater  than  that  paid  by  it  to  the  claimant,  in 
which  case  four  fifths  of  the  excess  shall  be  paid  to  the  claim- 
ant. 

Section  55F.  No  person  performing  any  services  under  Certain  per- 
section  fifty-five  C  shall,  by  reason  of  such  services,  be  deemed  be"deemed' 
to  be  an  employee  of  the  commonwealth  or,  if  not  already  an  of'^^mmon- 
officer  or  soldier  of  the  military  forces  of  the  commonwealth,  wealth. 
to  be  such  an  officer  or  soldier,  or  to  be  entitled  to  receive 
any  pension  or  retirement  allowance  from  the  common- 
wealth, or  to  have  acquired  any  right,  or  to  be  entitled 
to  receive  any  other  benefit  or  compensation.  Any  person 
claiming  the  right  to  receive  compensation  from  the  com- 
monwealth under  any  provision  of  said  last  mentioned  sec- 
tion shall,  within  thirty  days  after  receiving  an  injury,  or 
contracting  any  sickness  or  disease,  while  performing  serv- 
ices referred  to  therein,  give  to  the  adjutant  general  notice 
of  his  name  and  place  of  residence,  and  the  time,  place  and 
cause  of  such  injury,  sickness  or  disease;  provided,  that  such 
notice  shall  not  be  invalid  or  insufficient  solely  by  reason  of 
any  inaccuracy  in  stating  the  name  or  place  of  residence 
of  the  person  receiving  the  injury,  or  contracting  sickness  or 
disease,  or  the  time,  place  or  cause  of  the  injury,  sickness  or 
disease,  if  it  is  shown  that  there  was  no  intention  to  mislead 
and  the  adjutant  general  was  not  in  fact  misled  thereby. 
Such  notice  shall  be  in  writing,  signed  by  the  person  claim- 
ing compensation  or  by  someone  in  his  behaK.  If  by  reason 
of  physical  or  mental  incapacity  it  is  impossible  for  such 
person  to  give  notice  within  the  time  required,  he  may  give 
it  within  thirty  days  after  such  incapacity  has  been  removed, 
and  if  he  dies  within  said  thirty  days  his  executor  or  adminis- 
trator may  give  the  notice  within  thirty  days  after  his  ap- 
pointment. Any  form  of  written  communication  signed  by 
the  person,  or  by  someone  in  his  behalf,  or  by  his  executor 
or  administrator,  or  by  someone  in  behalf  of  such  executor  or 
administrator,  which  contains  the  information  that  the  per- 
son was  so  injured,  or  so  contracted  sickness  or  disease, 
giving  the  name  and  place  of  residence  of  such  person  and  the 
time,  place  and  cause  of  the  injury,  sickness  or  disease,  shall 
be  considered  a  sufficient  notice, 


494 


Acts,  1943.  —  Chap.  409. 


G.  L.  (Ter. 
Ed.),  90,  new 
§  5A,  added. 

Plates  for  use 
on  vehicles 
used  by  mili- 
tary forces. 


G.  L.  (Ter. 
Ed.).  12. 
§  3B.  etc., 
amended. 


Members  of 
military  forces 
deemed  em- 
ployees of 
common- 
wealth, when. 


G.  L.  (Ter. 
Ed.),  260, 
§  4,  etc., 
amended. 


To  whom 

section 

applicable. 


Section  2.  Chapter  ninety  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  five,  as  appearing  in  the 
Tercentenary  Edition,  the  following  section:  —  Section  5 A. 
The  adjutant  general,  in  behalf  of  the  military  forces  of  the 
commonwealth,  may  make  application,  in  such  form  and 
containing  such  information  as  the  registrar  of  motor  ve- 
hicles may  determine,  for  a  general  distinguishing  number  or 
mark,  and  the  registrar  shall  issue  to  him  a  certificate  of 
registration.  All  motor  vehicles  under  the  control  of  the 
military  forces  of  the  commonwealth  shall  be  regarded  as 
registered  under  such  general  distinguishing  number  or 
mark,  provided  number  plates  furnished  as  hereinafter  pro- 
vided are  properly  displayed  thereon. 

The  adjutant  general  shall  provide  for  use  on  the  vehicles 
aforesaid  one  pair  of  number  plates  for  each  vehicle,  which 
shall  contain  the  general  distinguishing  number  or  mark 
assigned  by  the  registrar  and  be  of  such  color  and  form  as  the 
registrar  shall  approve.  When  a  pair  of  number  plates  is 
issued  for  use  the  adjutant  general  shall  keep  a  record  of 
the  plates  so  issued  and  report  said  issuance  to  the  registrar. 

Whoever  attaches  a  number  plate  or  other  distinctive 
mark  as  provided  in  this  section  to  a  motor  vehicle  or  trailer 
without  being  authorized  so  to  do  shall  be  punished  by  a  fine 
of  not  more  than  one  hundred  dollars. 

Whoever  upon  any  way  of  the  commonwealth  operates  a 
motor  vehicle  to  which  number  plates  or  marks  of  distinction, 
as  provided  in  this  section,  have  been  attached  without  au- 
thority, or  whoever  without  authority  operates  a  motor 
vehicle  to  which  such  number  plates  or  marks  have  been 
legally  attached,  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  nor  more  than  fifty  dollars. 

Section  3.  Section  three  B  of  chapter  twelve  of  the 
General  Laws,  as  most  recently  amended  by  section  one  of 
chapter  two  hundred  and  ninety-one  of  the  acts  of  nineteen 
hundred  and  thirty-four,  is  hereby  further  amended  by 
inserting  after  the  first  paragraph  the  following  paragraph: — 

For  the  purposes  only  of  this  section,  an  officer,  or  soldier 
of  the  military  forces  of  the  commonwealth,  as  defined  in 
chapter  thirty-three,  shall  while  performing  any  lawfully 
ordered  military  duty  be  deemed  to  be  an  officer  or  employee 
of  the  commonwealth  and  a  motor  vehicle  given  to  the  com- 
monwealth, loaned  to  it  or  hired  or  purchased  by  it  under 
section  fifty-five  A  of  chapter  thirty-three  shall,  while  being 
used  in  the  performance  of  any  lawfully  ordered  military 
duty,  be  deemed  to  be  a  motor  vehicle  owned  by  the  com- 
monwealth. 

Section  4.  Section  four  of  chapter  two  hundred  and 
sixty  of  the  General  Laws,  as  most  recently  amended  by  sec- 
tion nine  of  chapter  three  hundred  and  eighty-five  of  the  acts 
of  nineteen  hundred  and  thirty-seven,  is  hereby  amended  by 
adding  at  the  end  the  following  paragraph :  — 

For  the  purposes  only  of  this  section,  an  officer  or  soldier 
of  the  military  forces  of  the  commonwealth,  as  defined  in 


Acts,  1943.  — Chap.  410.  495 

chapter  thirty-three,  shall  while  performing  any  lawfully 
ordered  military  duty  be  deemed  to  be  an  officer  or  employee 
of  the  commonwealth.  Approved  June  3,  1943. 


An  Act  relative  to  contracts  of  conditional  sale  of  ChavAlO 

PERSONAL   PROPERTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  fifty-five  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  ^i^.etl'. 
twelve,  as  appearing  in  section  one  of  chapter  five  hundred  amended. 
and  nine  of  the  acts  of  nineteen  hundred  and  thirty-nine,  and 
inserting  in  place  thereof  the  following  section:  —  Section  12.  ^°gg^Jo°"racts 
Each  conditional  sale  which  includes  one  or  more  articles  of 
personal  property  shall  be  embodied  in  a  single  written  con- 
tract, which  contract  shall  contain  the  entire  agreement  be- 
tween the  parties.  Said  contract  shall  specifically  set  forth, 
captioned  in  print  of  not  less  than  eight-point  type  in  case  a 
printed  form  is  used,  the  following:  —  a  description  of  the 
property  to  be  sold  to  the  vendee;  the  cash  price  thereof;  the 
down  payment;  a  description  of  property  to  be  traded  in, 
if  any,  and  the  trade-in  allowance  therefor;  other  credit 
allowances,  if  any;  the  difference  between  the  cash  price  and 
the  aggregate  of  down  payment  and  allowances,  if  any;  a 
description  of  each  policy  of  insurance  for  which  a  charge  is 
made  by  the  vendor;  the  total  amount  of  finance  charges, 
which  shall  include  the  insurance  premiums,  if  any;  the 
"total  time  price";  the  net  balance  due  from  the  vendee; 
the  number  and  amount  of  weekly,  monthly  or  other  instal- 
ment payments;  a  statement  of  delinquency  charges,  if  any; 
a  statement  of  prepayment  allowances,  if  any;  and,  if  any 
promissory  note  is  to  be  executed  in  the  transaction,  a  state- 
ment that  a  promissory  note  or  notes,  as  the  case  may  be, 
are  being  executed  in  connection  with  the  contract.  Where 
any  insurance  premium  is  part  of  the  total  time  price  or  fi- 
nance charge,  the  vendor  or  his  assignee  shall,  within  twenty 
days  after  execution  of  the  contract,  send  or  cause  to  be  sent 
to  the  vendee  a  policy  or  policies  or  certificate  of  insurance 
clearly  setting  forth  the  exact  nature  of  the  insurance  cover- 
age. If  such  contract  does  not  substantially  contain  the 
subject  matter  as  herein  set  forth,  the  vendee  shall  have  a 
valid  defence  against  the  recovery  of  all  finance  charges  and 
fees,  exclusive  of  insurance  premiums,  in  any  action  or  pro- 
ceeding to  enforce  said  contract. 

Section  2.     This  act  shall  become  effective  on  January  Effective 
first,  nineteen  hundred  and  forty-four. 

Approved  June  3,  1943. 


496 


Acts,  1943. —  Chap.  411. 


G.  L.  (Ter. 
Ed.),  54,  §  2, 
amended. 


Voting  pre- 
cincts, division 
of  cities  and 
wards  into. 


ChapAll  An  Act  making  certain  correctional  changes  in  the 

LAWS   pertaining   TO    THE    CONDUCT   OF    ELECTIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  two  of  chapter  fifty-four  of  the  Gen- 
eral Laws,  as  appearing  in  the  Tercentenary  Edition,  is 
hereby  amended  by  striking  out,  in  the  tenth  fine,  the  word 
"July"  and  inserting  in  place  thereof  the  word:  —  October, 
—  and  by  adding  at  the  end  the  following  sentence :  —  Ex- 
cept as  provided  in  section  three,  when  new  precincts  are 
established,  the  new  division  shall  take  effect  on  the  thirty- 
first  day  of  December  next  following,  —  so  as  to  read  as 
follows :  —  Section  2.  Each  city  shall  be  divided  into  con- 
venient voting  precincts,  designated  by  numbers  or  letters 
and  containing  not  more  than  two  thousand  voters.  Every 
ward  shall  constitute  a  voting  precinct  by  itself,  or  shall  be 
divided  into  precincts  containing  as  nearly  as  may  be  an 
equal  number  of  voters,  consisting  of  compact  and  contigu- 
ous territory  entirely  within  the  ward,  and  bounded,  so  far 
as  possible,  by  the  center  line  of  known  streets  or  ways  or 
by  other  well  defined  limits.  If  a  ward  constituting  one 
precinct  contains  more  than  two  thousand  voters,  according 
to  the  registration  at  the  preceding  annual  or  biennial  city 
election,  the  aldermen,  on  or  before  the  first  Monday  of 
October,  shall  divide  it  into  two  or  more  voting  precincts. 
They  may  so  divide  a  ward  or  precinct  containing  less  than 
two  thousand  voters.  If  in  any  year,  according  to  such 
registration,  a  voting  precinct  contains  more  than  two  thou- 
sand voters,  the  aldermen  shall  in  like  manner  either  divide 
such  precinct  into  two  or  more  voting  precincts  or  make  a 
new  division  of  the  ward  into  voting  precincts.  Except  as 
provided  in  section  three,  when  new  precincts  are  estab- 
lished, the  new  division  shall  take  effect  on  the  thirty-first 
day  of  December  next  following. 

Section  2.  Said  chapter  fifty-four  is  hereby  further 
amended  by  striking  out  section  six,  as  so  appearing,  and 
inserting  in  place  thereof  the  following  section :  —  Section  6. 
A  town  may  direct  its  selectmen  to  prepare  a  division  of 
the  town  into  convenient  voting  precincts.  The  selectmen 
shall,  so  far  as  possible,  make  the  center  line  of  streets  or 
ways,  or  other  well  defined  limits,  the  boundaries  of  the 
proposed  precincts,  and  shall  designate  them  by  numbers 
or  letters.  They  shall,  within  sixty  days,  file  a  report  of 
their  doings  with  the  town  clerk,  with  a  map  or  description 
of  the  proposed  precincts,  and  with  a  statement  of  the  num- 
ber of  voters  registered  in  each  for  the  preceding  state  or 
town  election.  The  report  shall  be  presented  by  the  town 
clerk  at  the  next  town  meeting,  but  shall  not  be  acted  upon 
except  at  a  meeting  held  at  least  seven  days  after  the  report 
has  been  filed.  The  division  so  reported  may  be  amended 
at  such  meeting,  and  shall  take  effect  on  the  thirty-first  day 
of  December  following  its  adoption.    If  such  report  shall  be 


G.  L.  (Ter. 
Ed.).  54,  §  (J, 
amended. 

Voting  pre- 
cincts in 
towns. 


Acts,  1943.  —  Chap.  411.  497 

rejected  the  town  may  at  any  time  direct  the  selectmen  to 
prepare  a  new  division. 

Section  3.     Said   chapter   fifty-four   is   hereby   further  o.  l.  (Ter._ 
amended  by  striking  out  section  seven,  as  so  appearing,  and  amendell.^  '' 
inserting  in  place  thereof  the  following  section :  —  Section  7.  changes  in 
Except  in  towns  of  twelve  thousand  inhabitants  or  over,  a  voting  pre- 
town  may  make  any  change  in  its  voting  precincts  which  townl 
the  selectmen  recommend  in  a  statement  giving  the  bound- 
aries, the  designations  of  the  proposed  precincts  and  the 
number  of  voters  registered  in  each  for  the  preceding  state 
or  town  election,  filed  with  the  town  clerk  at  least  seven 
days  before  a  town  meeting;    but  no  changes  other  than 
those  so  proposed  by  the  selectmen  shall  be  made  at  such 
meeting.     Changes  in  voting  precincts  under  this  section 
shall  take  effect  on  the  thirty-first  day  of  December  follow- 
ing such  change. 

Section  4.    Section  thirteen  of  said  chapter  fifty-four,  as  g.  l.  (Ter. 
amended  by  section  three  of  chapter  one  hundred  and  fifty-  f'|3;|t*c'., 
eight  of  the  acts  of  nineteen  hundred  and  thirty-foiu',  is  amended, 
hereby  further  amended  by  striking  out  the  fourth  sentence 
and  inserting  in   place  thereof  the  following  sentence :  — 
Every  election  officer  shall  hold  office  for  one  year,  begin- 
ning with  September  first  succeeding  his  appointment,  and 
until  his  successor  is  qualified,  or  until  his  removal,  except 
that  election  officers  appointed  to  count  and  tabulate  votes 
shall  serve  at  such  primaries  or  elections  and  at  such  times 
as  shall  be  designated  by  the  appointing  authority,  —  so  as 
to  read  as  follows:  —  Section  13.    Such  election  officers  shall  Party  rep- 

,  .  ,  -,  ,        resentation 

be  enrolled  voters  so  appointed  as  equally  to  represent  the  of  election 
two  leading  political  parties,  except  that,  without  disturb-  Cfoffice,*''"" 
ing  the  equal  representation  of  such  parties,  not  more  than  ""emovai. 
two  of  such  election  officers  not  representing  either  of  them 
may  be  appointed.  The  warden  shall  be  of  a  different  polit- 
ical party  from  the  clerk,  and  not  more  than  one  half  of  the 
inspectors  shall  be  of  the  same  pohtical  party.  In  each 
case  the  principal  officer  and  his  deputy  shall  be  of  the  same 
political  party.  Every  election  officer  shall  hold  office  for 
one  year,  beginning  with  September  first  succeeding  his  ap- 
pointment, and  until  his  successor  is  qualified,  or  until  his 
removal,  except  that  election  officers  appointed  to  count  and 
tabulate  votes  shall  serve  at  such  primaries  or  elections  and 
at  such  times  as  shall  be  designated  by  the  appointing 
authority.  An  election  officer  may  be  removed  by  the 
mayor,  with  the  approval  of  the  aldermen,  or  by  the  select- 
men, after  a  hearing,  upon  written  charge  of  incompetence 
or  official  misconduct  preferred  by  the  city  or  town  clerk, 
or  by  not  less  than  six  voters  of  the  ward,  or,  in  a  town,  of 
the  votmg  precinct  where  the  officer  is  appointed  to  act. 

Section  5.     Section  fourteen  of  said  chapter  fifty-four,  g.  l.  (Ter. 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended  fmemw.^  ^^' 
by  striking  out  the  last  sentence  and  inserting  in  place 
thereof  the  following  sentence:  —  Appointments  to  fill  va-  Filling  of 
eancies  shall  not  be  subject  to  confirmation  by  the  aldermen, 


vacancies. 


498 


Acts,  1943.  —  Chap.  411. 


G.  L.  (Ter. 
Ed.),  54,  new 
§  16A,  added. 

Filling  of 
vacancies 
in  cities 
or  towns. 


G.  L.  (Ter. 
Ed.),  54,  §  22, 
amended. 


Compensation 
of  election 
officers. 


G.  L.  (Ter. 
Ed.),  54,  §  23, 
amended. 


Supervisors 
of  elections, 
petition  for 
appoint- 
ment, etc. 


any  provision  of  general  or  special  law  to  the  contrary  not- 
withstanding,—  so  as  to  read  as  follows:  —  Section  I4.  If 
there  is  a  vacancy  in  the  number  of  the  election  officers,  or  if 
an  election  officer  declines  his  appointment  and  gives  notice 
thereof  to  the  city  or  town  clerk  within  ten  days  following 
the  date  of  his  appointment,  the  mayor  or  the  selectmen 
shall,  except  as  provided  in  section  sixteen,  fill  the  vacancy; 
and  the  appointment  shall  be  so  made  as  to  preserve  the 
equal  representation  of  the  two  leading  political  parties. 
Appointments  to  fill  vacancies  shall  not  be  subject  to  con- 
firmation by  the  aldermen,  any  provision  of  general  or  spe- 
cial law  to  the  contrary  notwithstanding. 

Section  6.  Said  chapter  fifty-four  is  hereby  further 
amended  by  inserting  after  section  sixteen,  as  so  appearing, 
the  following  section:  —  Section  16 A.  In  any  city  or  town 
divided  into  voting  precincts  which  accepts  this  section,  if 
the  warden,  clerk  or  inspector,  or  the  deputy  of  any  such 
officer,  if  any,  is  not  present  at  the  opening  of  the  polls,  the 
city  or  town  clerk  may  appoint  a  person  to  fill  such  vacancy 
who  shall  be  an  enrolled  voter  of  the  same  political  party 
as  the  absent  officer,  if  any  competent  person  enrolled  in 
such  party  is  present  and  willing  to  serve. 

Section  7.  Section  twenty-two  of  said  chapter  fifty- 
four,  as  so  appearing,  is  hereby  amended  by  striking  out,  in 
the  first  and  second  lines,  the  words  "for  each  day's  actual 
service",  —  so  as  to  read  as  follows:  —  Section  22.  Elec- 
tion officers  shall  receive  such  compensation  as  the  city 
council  or  the  selectmen  respectively  may  determine;  but 
no  deputy  officer  shall  receive  compensation  except  for  at- 
tendance at  the  opening  of  the  polls  or  for  services  in  place 
of  an  absent  officer. 

Section  8.  Section  twenty-three  of  said  chapter  fifty- 
four,  as  so  appearing,  is  hereby  amended  by  striking  out  the 
last  sentence  and  inserting  in  place  thereof  the  following 
sentence:  —  Supervisors  shall  receive  such  compensation  as 
the  city  council  or  selectmen  may  determine, —  so  as  to  read 
as  follows:  —  Section  23.  Upon  the  written  petition  of  ten 
qualified  voters  of  a  ward  or  of  a  town,  presented  at  least 
twenty-one  days  before  a  state  or  city  election  therein,  the 
governor,  with  the  advice  and  consent  of  the  council,  shall 
appoint  for  such  ward  or  town  or  for  each  voting  precinct 
named  in  the  petition,  two  voters  of  the  city  or  town,  who 
shall  not  be  signers  of  the  petition  or  members  of  any  political 
committee  or  candidates  for  any  office,  to  act  as  supervisors 
at  such  election.  One  supervisor  shall  be  appointed  from 
each  of  the  two  leading  political  parties.  They  shall  be  sworn 
by  the  city  or  town  clerk  or  by  an  officer  qualified  to  ad- 
minister oaths.  The  supervisors  shall  attend  the  polhng 
places  for  which  they  are  appointed,  may  challenge  persons 
offering  to  vote,  and  shall  witness  the  conduct  of  the  election 
and  the  counting  of  votes;  but  they  shall  not  make  any  state- 
ment tending  to  reveal  the  state  of  the  polls  before  the  public 


Acts,  1943.  —  Chap.  411.  499 

declaration  of  the  vote.  They  shall  remain  where  the  ballot 
boxes  are  kept  after  the  polls  are  open  and  until  the  ballots 
are  sealed  for  transmission  to  the  officers  entitled  to  receive 
them.  Each  supervisor  may  affix  his  signature,  for  the  pur- 
pose of  identification,  to  the  copy  of  the  record  of  votes  cast, 
or  attach  thereto  any  statement  touching  the  truth  or  fair- 
ness or  conduct  of  the  election.  Supervisors  shall  receive  such 
compensation  as  the  city  council  or  selectmen  may  determine. 

Section  9.  Said  chapter  fifty-four  is  hereby  further  g.  l.  (Xer. 
amended  by  striking  out  section  twenty-five,  as  so  appear-  amended.^  ^^' 
ing,  and  inserting  in  place  thereof  the  following  section: — 
Section  25.  The  aldermen  or  selectmen  shall  cause  each  ^hdve'"lnd 
polling  place  in  their  respective  cities  and  towns  to  be  pro-  guard  rails 
vided  with  a  sufficient  number  of  suitable  marking  shelves  or  \?^^eA^ltc. 
compartments  where  voters  may  conveniently  and  secretly 
mark  their  ballots;  and  they  shall  cause  a  guard  rail  to  be  so 
placed  that  only  persons  inside  thereof  can  approach  within 
six  feet  of  the  ballot  boxes  or  of  the  marking  shelves  or  com- 
partments, or  of  the  voting  machines  if  any  are  used.  The 
ballot  boxes,  marking  shelves  or  compartments  and  voting 
machines,  if  any  are  used,  shall  be  in  view  of  persons  in  the 
polhng  place  outside  the  guard  rail.  The  number  of  marking 
shelves  or  compartments  shall  be  not  less  than  one  for  every 
seventy-five  voters  at  such  polling  place,  and  not  less  than 
five  in  any  voting  precinct  of  a  city,  and  not  less  than  three  in 
any  town  or  voting  precinct  thereof,  except  that,  where  voting 
machines  are  used,  only  one  such  marking  shelf  or  compart- 
ment need  be  provided,  which  shall  be  for  the  use  of  chal- 
lenged voters.  Every  marking  shelf  or  compartment  shall 
at  all  times  be  provided  with  proper  supplies  and  conven- 
iences for  marking  the  ballots.  Where  voting  machines  are 
used,  one  voting  machine  shall  be  provided  at  each  polling 
place  for  every  four  hundred  voters,  or  the  major  part  thereof, 
entitled  to  vote  therein. 

Section  10.  For  the  purpose  of  providing  funds  for  the  Funds  for 
purchase  or  lease  of  voting  machines,  for  use  at  primaries  and  etJ-"^^  vodng 
elections  in  the  city  of  Boston,  on  orders  of  the  board  con-  "■fy'^j^Bo's'ton 
sisting  of  the  election  commissioners  and  the  mayor  of  said 
city,  as  authorized  under  section  one  of  chapter  forty-three 
of  the  General  Acts  of  nineteen  hundred  and  sixteen,  the 
treasurer  of  said  city,  without  further  authority  than  that 
contained  in  this  section,  shall  borrow  from  time  to  time,  as 
ordered  by  said  board,  such  sums  as  may  be  necessary,  not 
exceeding,  in  the  aggregate,  one  million  dollars  and  may  issue 
bonds  or  notes  therefor,  which  shall  bear  on  their  face  the 
words  "City  of  Boston,  Voting  Machine  Loan,  Act  of  1943". 
Each  authorized  issue  shall  constitute  a  separate  loan,  and 
such  loans  shall  be  payable  in  not  more  than  ten  years  from 
their  dates.  Such  indebtedness  incurred  under  this  act  shall 
be  in  excess  of  the  statutory  limit,  but  shall,  except  as  herein 
otherwise  provided,  be  subject  to  all  laws  relative  to  the  in- 
curring of  debt  by  said  city. 


500 


Acts,  1943. —  Chap.  411. 


G.  L.  (Ter. 
Ed.),  54,  §  41, 
amended. 


Designation 
of  candidate 
receiving 
nomination  of 
more  than 
one  party. 


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


Ballots,  con- 
tents, arrange- 
ment of  names 
thereon,  etc. 


Section  11.  Section  forty-one  of  said  chapter  fifty-four  is 
hereby  amended  by  striking  out  the  last  paragraph,  as  ap- 
pearing in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  three  following  paragraphs :  — 

If  a  candidate  shall  receive  the  nomination  of  more  than 
one  party  or  more  than  one  political  designation  for  the  same 
office,  he  may,  by  a  writing  delivered  to  the  officer  or  board 
required  by  law  to  prepare  the  official  ballot,  direct  in  what 
order  the  several  nominations  or  political  designations  shall 
be  added  to  his  name  upon  the  official  ballot,  and  such  direc- 
tions shall  be  followed  by  such  officer  or  board. 

For  state  elections,  such  direction  shall  be  filed  within  six 
days  next  succeeding  five  o'clock  in  the  afternoon  of  the  day 
of  the  primary  immediately  preceding;  for  city  and  town 
elections,  where  nominations  are  made  by  primaries,  within 
seventy-two  hours  next  succeeding  five  o'clock  in  the  after- 
noon of  the  day  of  the  primary  immediately  preceding;  and 
for  all  other  elections,  within  seventy-two  hours  next  suc- 
ceeding the  last  time  for  filing  nomination  papers  or  certifi- 
cates of  nomination  papers. 

If,  during  said  time,  said  candidate  shall  neglect  to  so 
direct,  said  officer  or  board  shall  add  said  nominations  or 
political  designations  to  the  name  of  said  candidate  upon  the 
official  ballot  in  such  order  as  said  officer  or  board  shall 
determine. 

Section  12.  Section  forty-two  of  said  chapter  fifty-four, 
as  most  recently  amended  by  chapter  two  hundred  and 
ninety-two  of  the  acts  of  nineteen  hundred  and  forty-one, 
is  hereby  further  amended  by  striking  out  the  last  sentence 
of  the  last  paragraph,  as  appearing  in  section  five  of  chapter 
one  hundred  and  thirty-five  of  the  acts  of  nineteen  hundred 
and  thirty-two,  and  inserting  in  place  thereof  the  following 
sentence :  —  On  the  back  and  outside  of  each  ballot  when 
folded  shall  be  printed  the  words  "Official  Ballot  for",  fol- 
lowed by  the  name  of  the  city  or  town  for  which  the  ballot  is 
prepared,  together  with  the  ward  and  precinct  of  the  city 
or  the  precinct  of  the  town,  if  any,  the  date  of  the  election, 
and  a  facsimile  of  the  signature  of  the  officer  who  has  caused 
the  ballot  to  be  prepared,  —  so  that  the  last  paragraph  will 
read  as  follows :  — 

Ballots  shall  be  so  printed  as  to  give  to  each  voter  an  oppor- 
tunity to  designate  by  a  cross  (X),  in  a  square  at  the  right 
of  the  name  and  designation  of  each  candidate,  and  at.  the 
right  of  each  question,  his  choice  of  candidates  and  his 
answer  to  such  question ;  and  upon  the  ballots  may  be  printed 
such  directions  as  will  aid  the  voter;  for  example,  "vote  for 
one",  "vote  for  two",  "yes",  "no",  and  the  like.  On  the 
back  and  outside  of  each  ballot  when  folded  shall  be  printed 
the  words  "Official  Ballot  for",  followed  by  the  name  of  the 
city  or  town  for  which  the  ballot  is  prepared,  together  with 
the  ward  and  precinct  of  the  city  or  the  precinct  of  the  town, 
if  any,  the  date  of  the  election,  and  a  facsimile  of  the  signa- 
ture of  the  officer  who  has  caused  the  ballot  to  be  prepared. 


Acts,  1943. —  Chap.  411.  501 

Section  13.     Section  forty-four  of  said  chapter  fifty-four,  g.  l.  (Tor. 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended  amended.*  ^*' 
by  striking  out  the  third  sentence  and  inserting  in  place 
thereof  the  following  sentence :  —  The  names  of  all  candidates 
shall  be  in  capital  letters  not  less  than  one  eighth  nor  more 
than  one  quarter  of  an  inch  in  height,  —  so  as  to  read  as 
follows :  —  Section  44-     The  official  ballots  shall,  except  as  official  ballots, 
otherwise  provided  in  this  chapter,  be  of  ordinary  white  fo^rnf 'type  etc. 
printing  paper,  of  two  or  more  pages,  and  shall,  before  dis- 
tribution, be  so  folded  as  to  measure  not  less  than  four  and 
one  half  nor  more  than  five  inches  in  width  and  not  less  than 
six  nor  more  than  thirteen  and  one  half  inches  in  length. 
The  names  of  all  candidates  shall  be  printed  in  black  ink 
in  lines  at  a  right  angle  with  the  length  of  the  ballot.    The 
names  of  all  candidates  shall  be  in  capital  letters  not  less 
than  one  eighth  nor  more  than  one  quarter  of  an  inch  in 
height.    The  surnames  and  political  designations  of  the  can- 
didates for  president  and  vice  president  shall  be  in  capital 
letters  not  less  than  three  sixteenths  of  an  inch  in  height. 

Section  14.     Section  forty-nine  of  said  chapter  fifty-four,  o.  l.  (Xer. 
as  so  appearing,  is  hereby  amended  by  striking  out,  in  the  ^^e^^^g^j  ^  *^' 
second  line,  the  word  "registrars"  and  inserting  in  place 
thereof  the  words:  —  city  or  town  clerk,  —  and  by  striking 
out  the  last  sentence  and  inserting  in  place  thereof  the  follow- 
ing sentence :  —  Upon  the  receipt  thereof  the  city  or  town 
clerk  shall  conspicuously  post  in  not  less  than  three  public 
places  in  each  ward  of  a  city,  or  in  each  town,  or  in  towns 
divided  into  voting  precincts  in  each  precinct,  the  lists  and 
copies  aforesaid  for  such  ward,  town  or  precinct,  —  so  as  to 
read  as  follows:  —  Section  49-     The  state  secretary,  at  least  M.sts  of  can- 
five  days  before  state  elections,  shall  transmit  to  the  city  or  al^suTe  dec- 
town  clerk  printed  lists  of  the  names,  residences  and  desig-  tionstobe 
nations  of  candidates  to  be  voted  for  at  each  polling  place,  to^^^e^^strars 
substantially  in  the  form  of  the  official  ballot,  and  also  printed  ^^'^  posted. 
copies  of  any  proposed  amendment  to  the  constitution,  law, 
or  proposed  law,  to  be  submitted  to  the  people.     Upon  the 
receipt  thereof  the  city  or  town  clerk  shall  conspicuously 
post  in  not  less  than  three  public  places  in  each  ward  of  a  city, 
or  in  each  town,  or  in  towns  divided  into  voting  precincts 
in  each  precinct,  the  lists  and  copies  aforesaid  for  such  ward, 
town  or  precinct. 

Section  15.     Section  sixty-five  of  said  chapter  fifty-four,  g.  l.  (Ter. 
as  amended  by  section  one  of  chapter  two  hundred  and  |'e5'et*;_ 
eightj^-nine  of  the  acts  of  nineteen  hundred  and  thirty-three,  amended, 
is  hereby  further  amended  by  striking  out,  in  the  ninth  and 
tenth  fines,  the  words  "and  the  cards  of  instruction",  —  so 
as  to  read  as  follows:  —  Section  65.     At  an  election  of  state  posting  in- 
or  city  officers,  and  of  town  officers  in  towns  where  official  p^^t^ers"^'  ^^''' 
ballots  are  used,  the  presiding  election  officer  at  each  polHng  ^^^^^  posters 
place  shall,  before  the  opening  of  the  polls,  post  at  least  three  or  cards 
cards  of  instruction,  three  cards  containing  abstracts  of  the  °^  ' . 
laws  imposing  penalties  upon  voters,  three  copies  of  measures  bfifot^.^etc. 
to  be  submitted  to  the  people,  if  any,  and  at  least  five  speci- 


502 


Acts,  1943.  —  Chap.  411. 


G.  L.  (Ter. 
Ed.),  54,  §  70. 
amended. 


Number  of 
voters  allowed 
within  guard 
rail. 


men  ballots  within  the  poUing  place  outside  the  guard  rail, 
and  a  copy  of  each  measure  to  be  submitted  to  the  people  in 
each  marking  compartment;  and  no  other  poster,  card, 
handbill,  placard,  picture  or  circular  intended  to  influence 
the  action  of  the  voter  shall  be  posted,  exhibited,  circulated 
or  distributed  in  the  polhng  place,  in  the  building  where  the 
polling  place  is  located,  on  the  walls  thereof,  on  the  premises 
on  which  the  building  stands,  on  the  sidewalk  adjoining  the 
premises  where  such  election  is  being  held,  or  within  one 
hundred  and  fifty  feet  of  the  entrance  to  such  polling  place. 
Pasters,  commonly  called  stickers,  shall  not  be  posted  in 
the  polling  place,  in  the  building  where  the  polling  place  is 
located,  on  the  walls  thereof,  on  the  premises  on  which  the 
building  stands,  on  the  sidewalk  adjoining  the  premises 
where  such  election  is  being  held,  or  within  one  hundred  and 
fifty  feet  of  the  entrance  to  such  polling  place,  nor  shall  they 
be  circulated  or  distributed  in  such  poHing  place.  Such 
pasters  shall  be  subject  to  all  the  restrictions  imposed  by 
sections  forty-one  and  forty-four  as  to  names  and  residences 
of  candidates  and  the  size  of  the  type  in  which  the  names  shall 
be  printed ;  but  no  political  or  other  designation  shall  appear 
on  such  pasters,  and  no  vote  by  paster  shall  be  counted  if 
such  designation  appears.  The  presiding  election  officer  shall, 
at  the  opening  of  the  polls,  publicly  open  the  packages  con- 
taining the  ballots  and  deliver  them  to  the  ballot  clerks.  All 
specimen  ballots  not  posted  shall  be  kept  in  the  custody  of 
the  presiding  officer  until  after  the  closing  of  the  polls. 

Section  16.  Said  chapter  fifty-four  is  hereby  further 
amended  by  striking  out  section  seventy,  as  appearing  in  the 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following  section :  —  Section  70.  No  more  than  four  voters, 
besides  election  officers  and  supervisors,  and  the  city  or  town 
clerk,  in  excess  of  the  number  of  marking  compartments 
provided,  shall  be  allowed  at  one  time  within  the  guard  rail. 
Where  voting  machines  are  used,  the  number  of  voters  al- 
lowed within  the  guard  rail  shall  not  be  more  than  twice  the 
number  of  voting  machines  provided.  After  the  time  fixed 
for  closing  the  polls,  no  voters  shall  be  admitted  within  the 
guard  rail,  except  the  election  officers  and  supervisors,  and 
except  voters  who  are  then  in  the  polling  place  or  in  line  at 
the  door  thereof.  The  presiding  officer  of  the  polling  place 
shall  provide  or  cause  to  be  provided  to  each  voter  so  outside 
the  guard  rail  a  card  or  slip  bearing  such  voter's  name,  and 
the  voter  shall  as  soon  as  practicable  present  the  same  to 
one  of  the  ballot  clerks  and  shall  then  be  permitted  to  vote 
if  otherwise  qualified.  When  the  polls  are  closed,  the  presid- 
ing officer  shall  cause  a  police  officer  or  other  qualified  person 
to  be  stationed  at  the  end  of  the  line  of  persons  waiting  to 
vote  to  see  that  no  other  persons  vote  than  those  who  were 
in  the  polling  place  or  in  line  at  the  door  at  the  time  fixed 
for  closing  the  polls.  After  the  last  voter  in  line  at  the  door 
has  entered  within  the  guard  rail,  the  voters  shall  be  allowed 
five  minutes  in  which  to  cast  their  votes. 


Acts,  1943.  —  Chap.  411.  503 

Section  17.     Said   chapter   fifty-four  is  hereby  further  gl.  (Xer. 
amended  by  inserting  after  section  seventy-one,  as  so  ap-  §  nk,  added. 
pearing,  the  following  section:  —  Section  71  A.     Election  of-  supervision 
ficers  in  cities  and  in  towns  divided  into  voting  precincts  offifgrs^'irr 
shall  perform  their  duties  under  the  supervision  of  the  city  cities  and 
or  town  clerk.  *°""" 

Section  18.     Section  seventy-five  of  said  chapter  fifty-  g.  l.  (Ter. 
four,  as  so  appearing,  is  hereby  amended  by  striking  out,  in  amendwi.^  ^'^' 
the  second  line,  the  word  "sixty-two"  and  inserting  in  place 
thereof  the  word :  —  sixty-five,  —  so  as  to  read  as  follows :  — 
Section  75.     Every  election   officer  shall   forthwith  report  Duties  of 
every  violation  of  any  provision  of  sections  sixty-five  to  law  is  violated. 
eighty-five  and  one  hundred  and  four  to  one  hundred  and 
thirty-seven,  both  inclusive,  to  the  police  officer  or  constable 
in  attendance  at  the  polling  place,  and  such  police  officer  or 
constable  shall  cause  the  offender  to  be  prosecuted. 

Section  19.     Said   chapter  fifty-four  is  hereby  further  Sj^  iPj,^ 
amended  by  striking  out  section  seventy-six,  as  so  appearing,  amended. 
and  inserting  in  place  thereof  the  following  section :  —  Sec-  voting,  giving 
Hon  76.    Each  voter  desiring  to  vote  at  a  polling  place  shall  "f  bSiot^'e^c^^ 
give  his  name  and,  if  requested,  his  residence  to  one  of  the 
officers  at  the  entrance  to  the  space  within  the  guard  rail, 
who  shall  thereupon  distinctly  announce  the  same.    If  such 
name  is  found  upon  the  voting  list,  the  election  officer  shall 
check  and  repeat  the  name  and  shall  admit  the  voter  to  the 
space  enclosed  by  the  guard  rail,  and,  in  case  official  ballots 
are  used,  such  voter  shall  be  given  one  ballot.    If  not  entitled 
to  vote  for  all  of  the  offices  upon  the  ballot,  the  voter  shall 
either  receive  a  partial  ballot  or  shall  be  permitted  to  vote 
only  by  the  machine  or  machines  upon  which  are  designated 
the  offices  for  which  he  is  entitled  to  vote,  as  the  case  may  be. 

Section  20.     Said  chapter  fifty-four  is  hereby  further  g.l.  (Ter.  ^ 
amended  by  inserting  after  section  seventy-six,  as  so  appear-  §  76A,  added, 
ing,   the  following  section :  —  Section  76 A .     Every  person  voter  may  be 
upon  applying  to  vote  shall,  when  requested  by  any  election  gfgn  n^ame.*° 
officer,  write  his  name  in  a  book  prepared  for  the  purpose, 
unless  the  voter  declares  under  oath  to  the  presiding  officer 
that  by  reason  of  blindness  or  other  physical  disability  he 
is  unable  to  write. 

Section  21.     Section  seventy-nine  of  said  chapter  fifty-  S%ViP5.,Q 
four,  as  so  appearing,  is  hereby  amended  by  striking  out,  in  ameAded. 
the  second  and  third  lines,  the  words  "that  he  had  the  right 
to  vote  on  May  first,  eighteen  hundred  and  fifty-seven,  and 
cannot  read,  or",  —  so  as  to  read  as  follows:  —  Section  79.  ,4^^arking 
A  voter  who  declares  on  oath  to  the  presiding  officer  that  baiiot. 
from  blindness  or  other  physical  disability  he  is  unable  to 
prepare  his  ballot  or  register  his  vote  upon  a  voting  machine, 
shall  be  assisted  in  such  marking  or  registering  by  any 
qualified  voter  whom  he  may  designate. 

Section  22.     Said  chapter  fifty-four  is  hereby  further  Gi..a'er. 
amended  by  striking  out  section  one  hundred  and  seven,  as  amended. 
so  appearing,  and  inserting  in  place  thereof  the  following 
section:  —  Section  107.    The  presiding  officer  at  every  poll-  an"n*otcast, 


504 


Acts,  1943.  —  Chap.  411. 


and  voting 
lists,  to  be 
sealed  up,  etr 


G.  L.  (Ter. 
Ed.),  54,  §  109, 
amended. 


Custody  and 
disposition  of 
ballots  and 
lists  in  cities 
and  towns. 


G.  L.  (Ter. 
Ed.),  54,  §134, 
amended. 


Contested 
election, 
ballots  to  be 
retained. 

Power  to 
recount,  etc. 


ing  place  at  elections  of  state  and  city  officers  and  of  town 
officers  in  towns  where  official  l)allots  are  u.sed  shall,  after 
the  record  of  the  counting  has  been  made,  cause  all  ballots 
cast  to  be  publicly  enclosed  in  an  envelope  or  container  and 
sealed  up  with  the  seal  provided  therefor,  and  also  with  the 
private  .seal  of  any  election  officer  who  may  desire  to  affix 
the  same;  and  a  majority  of  the  election  officers  of  the  vot- 
ing precinct  or  town  shall  endorse  upon  such  envelope  or 
container  the  polling  place,  the  election  and  the  date,  and 
also  a  certificate  that  all  the  ballots  cast  by  the  voters  of 
such  precinct  or  town,  and  none  other,  are  contained  therein. 
He  shall  cause  all  ballots  not  cast  to  be  enclosed  in  an  en- 
velope or  container  and  sealed  up  as  aforesaid,  and  shall 
certify  on  the  envelope  or  container  the  contents  thereof. 
Such  presiding  officer  shall  cause  the  voting  lists  to  be  en- 
closed in  an  envelope  and  sealed  up  as  aforesaid,  and  a 
majority  of  the  election  officers  shall  certify  thereon  to  the 
identity  of  the  voting  lists  enclosed.  He  shall  forthwith  per- 
sonally deliver  to  the  city  or  town  clerk  or  transmit  to  him, 
by  the  police  officer  or  constable  in  attendance  at  the  elec- 
tion, all  the  ballots  cast,  and  not  cast,  the  voting  lists,  the 
ballot  box,  ballot  box  seals  and  counting  apparatus. 

Section  23.  Section  one  hundred  and  nine  of  said  chap- 
ter fifty-four,  as  so  appearing,  is  hereby  amended  by  striking 
out,  in  the  second  line,  the  word  "envelope"  and  inserting 
in  place  thereof  the  words:  —  envelopes  or  containers,  —  so 
as  to  read  as  follows:  —  Section  109.  City  and  town  clerks 
shall  retain  in  their  custody  the  envelopes  or  containers  con- 
taining the  ballots  cast,  without  examining  them  or  permit- 
ting them  to  be  examined  by  any  person  except  as  required 
by  law,  and  upon  the  expiration  of  the  period  fixed  for  their 
preservation  shall  cause  such  ballots  to  be  destroyed. 

City  and  town  clerks  shall  retain  in  their  custody  the 
voting  lists  and  ballots  not  cast  as  long  as  they  retain  the 
ballots  cast.  They  shall  then  transmit  such  voting  lists  to 
the  registrars  of  voters,  and  shall  destroy  the  ballots  marked 
"Spoiled",  without  examining  them  or  permitting  them  to 
be  examined,  and  may  make  such  disposition  of  the  undis- 
tributed ballots  as  they  may  deem  proper.  Such  voting  lists 
shall  be  preserved  by  the  registrars  of  voters  for  reference 
for  five  years  after  the  expiration  of  which  they  may  be 
destroyed. 

Section  24.  Section  one  hundred  and  thirty-four  of  said 
chapter  fifty-four,  as  so  appearing,  is  hereby  amended  by 
inserting  after  the  word  "envelopes",  wherever  the  word 
occurs,  the  words:  —  or  containers,  —  so  as  to  read  as  fol- 
lows: —  Section  134.  If  a  person  who  has  received  votes  for 
any  office  at  an  election  shall,  within  thirty  days  thereafter, 
himself  or  by  his  agent  serve  upon  a  city  or  town  clerk  a 
written  claim  to  such  office  or  a  declaration  of  an  intention 
to  contest  the  election  of  any  other  person,  the  clerk  shall 
retain  the  envelopes  or  containers  containing  the  ballots  for 


Acts,  1943.  —  Chap.  411.  505 

such  office  until  such  claim  is  withdrawn  or  the  contest  is 
determined.  The  envelopes  or  containers  and  ballots  shall 
be  subject  to  the  order  of  the  body  to  which  such  person 
claims  to  be  elected,  or  of  the  officers  required  by  law  finally 
to  examine  the  records  and  to  issue  certificates  of  election  to 
such  office,  or  of  any  court  having  jurisdiction  thereof.  Such 
body  or  officers  may  require  the  clerk  to  produce  such  enve- 
lopes or  containers  and  ballots,  and  may  recount  the  ballots 
and  amend  any  record  or  copy  thereof  in  relation  to  such  office. 

Section  25.     Section  one  hundred  and  thirty-five  A  of  S^'^•  ^'^•^'■■ 
said  chapter  fifty-four,  inserted  by  section  five  of  chapter  §  135A,  etc., 
two  hundred  and  eighty-one  of  the  acts  of  nineteen  hundred  amended. 
and  thirty-eight,  is  hereby  amended  by  inserting  after  the 
word  "envelopes"  in  the  fifteenth  line  the  words:  —  or  con- 
tainers,—  so  as  to  read  as  follows:  —  Section  135 A.     The  Manner  of 
recount  of  any  election  in  an  election  district  where  voting  re°ount.'"^ 
machines  are  used  shall  consist  of  the  checking  with  the 
records  and  voting  lists  of  the  total  sheets  containing  the 
results  of  the  votes  counted,  including  those  cast  by  voting 
machines,  by  ballots  of  challenged  voters  and  by  absent 
voting  ballots;   also  the  rejection  or  counting  of  ballots  cast 
by  challenged  voters  and  the  counting  of  absent  voting  bal- 
lots cast,  the  determination  of  the  questions  raised  by  the 
petition  for  recount,  the  retabulation  of  the  results,  and  the 
certification  of  the  corrected  results  to  the  city  or  town 
clerk.    Upon  completion  of  such  recount  such  records,  total 
sheets,  voting  lists  and  ballots  shall  be  returned  to  the  city 
or  town  clerk,  after  being  sealed  up  in  their  proper  envelopes 
or  containers,  in  the  manner  and  with  the  certificate  required 
by  section  one  hundred  and  thirty-five. 

Section  26.     Section  twenty-two  of  chapter  fifty-six  of  «•  t  ■  •Jp'"- 
the  General  Laws,  as  amended  by  section  eight  of  chapter  §  2'2.'.etc*., 
three  hundred  and  forty-one  of  the  acts  of  nineteen  hundred  =*™ended. 
and  thirty-eight,  is  herebj^  further  amended  by  inserting 
after  the  word  "envelopes"  in  the  fourth  line  the  words:  — 
or  containers,  —  so  as  to  read  as  follows:  —  Section  22.    A  fo^^ply  *„° ti, 
primary  or  election  officer,  or  a  director  of  the  count  or  as-  laws  relating 
sistant  appointed  under  section  six  of  chapter  fifty-four  A,  of  baiFots  '°" 
who  wilfully  or  negligently  violates  any  provision  relating  to  ^^^  "^*® 
the  enclosing  in  envelopes  or  containers,  sealing,  endorsing 
and  delivering  or  transmitting  of  ballots  and  voting  lists, 
before  or  after  the  votes  have  been  counted  and  recorded, 
shall  be  punished  by  imprisonment  for  not  more  than  one 
year.  Approved  June  3,  1943. 


506 


Acts,  1943.  —  Chaps.  412,  413. 


Certain  real 
estate  of 
members  of 
armed  forces, 
etc.,  exempt 
from  taxation. 

Duration 
of  act. 


ChavA12  An  Act  temporarily  exempting  from  taxation  certain 

REAL  PROPERTY  OF  RESIDENTS  OF  THE  COMMONWEALTH 
SERVING  IN  THE  ARMED  FORCES  OF  THE  UNITED  STATES, 
AND   THEIR   SPOUSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Real  estate  of  a  resident  of  the  common- 
wealth serving  in  the  armed  forces  of  the  United  States 
during  the  existing  state  of  war  between  the  United  States 
and  any  foreign  country,  or  of  the  spouse  of  such  resident, 
or  of  both  if  the  real  estate  is  owned  by  them  as  joint  ten- 
ants, as  tenants  in  common  or  tenants  by  the  entirety,  and 
the  interest  in  such  real  estate  which  either  or  both  may 
own  in  real  estate  owned  by  them  or  either  of  them  with 
others,  shall,  in  each  year  during  any  portion  of  which  such 
resident  is  in  such  service,  and  for  six  months  after  the 
termination  of  such  service,  but  in  no  event  later  than  the 
year  during  which  such  existing  states  of  war  are  termi- 
nated, be  exempt  from  taxation  under  the  provisions  of 
chapter  fifty-nine  of  the  General  Laws  to  the  extent  that 
the  assessors  shall  find  that  the  payment  of  the  tax  thereon 
by  the  resident,  or  by  the  spouse  of  such  resident,  would 
constitute  a  hardship,  but  in  no  event  in  excess  of  five  thou- 
sand dollars  in  value  in  the  aggregate;  provided,  that  such 
real  estate  shall  be  occupied  in  whole  or  in  part  as  a  home 
by  such  resident;  and  provided,  further,  that  such  resident, 
or  the  spouse  of  such  resident,  or  a  person  thereunto  author- 
ized by  such  resident  or  spouse,  in  a  writing  filed  with  the 
assessors  prior  to  February  first  following  the  effective  date 
of  this  act  if  such  resident  is  then  in  such  service  or  prior  to 
February  first  of  the  year  following  the  entry  of  such  resi- 
dent into  such  service,  as  the  case  may  be,  and  also  filed 
prior  to  February  first  in  each  subsequent  year  while  such 
resident  remains  in  such  service,  shall  apply  for  exemption, 
stating  under  the  penalties  of  perjury  that  such  real  estate 
is  so  occupied  and  that  payment  of  the  full  amount  of  the 
tax  imposed  by  said  chapter  fifty-nine  would  constitute  a 
hardship  to  such  resident  or  the  spouse  of  such  resident,  as 
the  case  may  be. 

Section  2.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  forty-four. 

Approved  June  3,  1943. 


EPfeetive 
date. 


ChapAlS  An  Act  further  extending  the  opportunity  to  cities 

AND    TOWNS    TO    BORROW    UNDER    THE   ACT    CREATING    THE 
EMERGENCY   FINANCE    BOARD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  forty-nine  of  the  acts  of  nineteen 
hundred  and  thirty-three  is  hereby  amended  by  striking  out 
section  two,  as  most  recently  amended  by  section  one  of 
chapter  one  hundred  and  twenty-nine  of  the  acts  of  nine- 


Acts,  1943.  —  Chap.  413.  507 

teen  hundred  and  forty-one,  and  inserting  in  place  thereof 
the  following  section :  —  Section  2.  The  treasurer  of  any 
city  or  town,  if  authorized  by  a  two  thirds  vote,  as  defined 
by  section  one  of  chapter  forty-four  of  the  General  Laws, 
and  with  the  approval  of  the  mayor  or  the  selectmen,  may, 
on  behalf  of  such  city  or  town,  petition  the  board  to  approve 
of  its  borrowing  money  from  the  commonwealth  for  ordinary 
maintenance  expenses  and  revenue  loans,  and  the  board 
may,  if  in  its  judgment  the  financial  affairs  of  such  city  or 
town  warrant,  grant  its  approval  to  the  borrowing  as  afore- 
said of  specified  sums  not  at  any  time  exceeding,  in  the  aggre- 
gate, the  total  amount  represented  by  tax  titles  taken  or 
purchased  by  such  city  or  town  and  held  by  it;  provided, 
that  such  borrowing  is  made  at  any  time  or  times  prior  to 
July  first,  nineteen  hundred  and  forty-five.  In  case  of  such 
approval,  the  treasurer  of  such  city  or  town  shall,  without 
further  vote,  issue  notes,  with  interest  at  such  rate  as  may 
be  fixed  by  the  treasurer  with  the  approval  of  the  board,  in 
the  amount  approved  by  the  board,  for  purposes  of  sale  to 
the  commonwealth  only,  and  said  notes,  upon  their  tender 
to  the  state  treasurer,  shall  forthwith  be  purchased  by  the 
commonwealth  at  the  face  value  thereof.  Such  notes  shall 
be  payable  in  not  more  than  one  year,  and  may  be  renewed 
from  time  to  time,  if  authorized  by  the  board,  but  no  re- 
newal note  shall  be  for  a  period  of  more  than  one  year,  and 
the  maturity  of  any  loan  or  renewal  shall  not  be  later  than 
July  first,  nineteen  hundred  and  forty-six.  Such  notes  shall 
be  general  obligations  of  the  city  or  town  issuing  the  same, 
notwithstanding  the  foregoing  provisions.  Indebtedness  in- 
curred by  a  city  or  town  under  authority  of  this  act  shall 
be  outside  its  limit  of  indebtedness  as  fixed  by  chapter  forty- 
four  of  the  General  Laws.  The  excess,  if  any,  of  the  amount 
of  interest  payments  received  by  the  commonwealth  on  ac- 
count of  notes  issued  by  cities  and  towns  hereunder  over 
the  cost  to  the  commonwealth  for  interest  on  money  bor- 
rowed under  section  five,  expenses  of  the  board,  including 
compensation  paid  to  its  appointive  members,  and  expenses 
of  administration  of  the  funds  provided  by  sections  three 
and  five  shall  be  distributed  to  such  cities  and  towns  in 
November,  nineteen  hundred  and  forty-nine,  or  earlier  at 
the  discretion  of  the  board,  in  the  proportion  which  the 
aggregate  amounts  payable  by  them  on  account  of  interest 
on  such  notes  bear  to  the  total  amounts  so  payable  by  all 
cities  and  towns  hereunder. 

Section  2.  Said  chapter  forty-nine  is  hereby  further 
amended  by  striking  out  section  five,  as  most  recently 
amended  by  section  two  of  chapter  one  hundred  and  twenty- 
nine  of  the  acts  of  nineteen  hundred  and  forty-one,  and  in- 
serting in  place  thereof  the  following  section :  —  Section  5. 
The  state  treasurer,  with  the  approval  of  the  governor  and 
council,  may  borrow  from  time  to  time,  on  the  credit  of  the 
commonwealth,  such  sums  as  may  be  necessary  to  provide 
funds  for  loans  to  municipalities  as  aforesaid,  and  may  issue 


508 


Acts,  1943.  —  Chap.  414. 


and  renew  notes  of  the  commonwealth  therefor,  bearing  in- 
terest payable  at  such  times  and  at  such  rate  as  shall  be 
fixed  by  the  state  treasurer,  with  the  approval  of  the  gov- 
ernor and  council;  provided,  that  the  total  indebtedness  of 
the  commonwealth  under  this  section,  outstanding  at  any 
one  time,  shall  not  exceed  twenty-five  million  dollars.  Such 
notes  shall  be  issued  for  such  maximum  term  of  years  as 
the  governor  may  recommend  to  the  general  court  in  ac- 
cordance with  section  three  of  Article  LXII  of  the  amend- 
ments to  the  constitution  of  the  commonwealth,  but  such 
notes,  whether  original  or  renewal,  shall  be  payable  not 
later  than  November  thirtieth,  nineteen  hundred  and  forty- 
nine.  All  notes  issued  under  this  section  shall  be  signed  by 
the  state  treasurer,  approved  by  the  governor  and  counter- 
signed by  the  comptroller.  Approved  June  3,  1943. 


ChapAlA  An    Act   establishing   a   budget   system    for    county 

TUBERCULOSIS    HOSPITALS. 


G.  I>.  (Ter. 
Ed.),  Ill,  §  85, 
amended. 


Care,  main- 
tenance, etc., 
of  tuberculosis 
hospitals. 


G.  L.  (Ter. 
Ed.),  35, 
new  §  28A, 
added. 

Preparation 
and  submission 
of  estimates 
of  receipts 
and  cost  of 
tuberculosis 
hospitals. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  eighty-five  of  chapter  one  hundred 
and  eleven  of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition,  is  hereby  amended  by  striking  out  the 
first  sentence  and  inserting  in  place  thereof  the  following 
sentence :  —  The  county  commissioners  of  each  county  hav- 
ing a  tuberculosis  hospital  shall  provide  for  the  care,  main- 
tenance and  repair  of  said  hospital,  which  shall,  for  the  pur- 
poses of  this  section  and  section  eighty-five  A,  include  the 
care,  maintenance  and  repair  of  any  preventorium  erected 
by  said  county  in  accordance  with  section  eighty-five  B  and 
also  the  cost  of  its  construction  and  original  equipment  ex- 
cept when  the  cost  of  its  construction,  original  equipment, 
care,  maintenance  or  repair  is  provided  under  said  section 
eighty-five  B  to  be  paid  from  appropriations,  and  shall  for 
said  purposes  include  the  establishment  and  maintenance  of 
out-patient  departments  and  the  furnishing  of  supplementary 
diagnostic  service  under  section  eighty-five  C;  provided,  that 
the  expenditure  of  money  for  the  purposes  of  this  section  shall 
be  limited  to  such  amounts  as  may  be  authorized  by  the 
general  court. 

Section  2.  Chapter  thirty-five  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  twenty-eight,  as 
amended,  the  following  section:  —  Section  28 A.  The  county 
commissioners  of  each  county  having  a  tuberculosis  hospital 
established  under  sections  seventy-eight  to  ninety,  inclusive, 
of  chapter  one  hundred  and  eleven  shall,  in  each  even  num- 
bered year,  prepare  estimates  of  receipts  of  said  hospital  and 
of  the  cost  of  its  care,  maintenance  and  repair  for  each  of  the 
two  ensuing  years  in  the  form  prescribed  by  the  director  of 
accounts  and  upon  blanks  furnished  by  him.  The  clerk  of 
the  commissioners  shall  record  the  foregoing  in  a  book  kept 
therefor  and,  on  or  before  February  fifteenth  in  the  following 


Acts,  1943.  —  Chap.  415.  609 

year,  shall  send  a  copy  thereof,  attested  by  him  and  signed 
by  the  chairman,  to  said  director,  who  shall  analyze  and 
classify  said  estimates  and  report  the  same  to  the  general 
court  not  later  than  March  first  next  following.  The  di- 
rector, upon  request  of  the  mayor  or  selectmen  of  any  city  or 
town  in  the  tuberculosis  hospital  district  of  any  such  county, 
shall  send  to  him  or  them  so  much  of  said  report  as  relates  to 
such  district.  Approved  June  3,  1943. 


An  Act  relative  to  portions  of  the  boundary  line  ChavAld 

BETWEEN  THE  CITIES  OF  FITCHBURG  AND  LEOMINSTER 
AND  TO  CERTAIN  MATTERS  INCIDENTAL  TO  THE  RECENT 
EXCHANGES   OF   TERRITORY    BETWEEN    SAID    CITIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  thirty-seven  of  the  acts  of  nineteen 
hundred  and  forty-one  is  hereby  amended  by  striking  out 
sections  one  and  two  and  inserting  in  place  thereof  the  two 
following  sections:  —  Section  1.  The  location  of  each  angle 
point  in  the  boundary  described  below  is  fixed  by  X  and  Y 
coordinates  referred  to  the  Massachusetts  State  Coordinate 
System,  and  is  shown  on  a  plan  entitled  "Plan  of  Land  in 
Leominster  to  be  Annexed  to  the  City  of  Fitchburg",  drawn 
on  a  scale  of  one  inch  =  three  hundred  feet  by  the  Fitch- 
burg department  of  public  works,  said  plan  or  copies  thereof 
to  be  filed  with  the  state  secretary  and  the  Worcester  north- 
ern district  registry  of  deeds  and  being  hereby  made  a  part 
of  the  description. 

All  that  part  of  the  city  of  Leominster,  with  the  inhabitants 
and  estates  therein,  within  the  area  bounded  and  described 
as  follows :  —  Beginning  at  a  granite  monument  marked 
F-L-L,  at  a  point  formerly  marked  by  a  white  oak  tree,  which 
marked  the  corner  of  Fitchburg,  Leominster  and  Lunenburg 
prior  to  this  annexation,  and  having  the  following  coordi- 
nates :X  =  528502.40,  Y  =  569580.94;  thence  by  the  former 
Lunenburg-Leominster  Town  Line,  N  53°  14'  23"  E  656.55 
feet  to  a  point  which  is  the  southeasterly  corner  of  the  Fitch- 
burg Sewage  Disposal  Area;  thence  by  land  of  the  Boston 
and  Maine  Railroad  S  66°  03'  34"  E  1678.79  feet  to  a  point 
in  the  southwesterly  sideline  of  the  Boston  and  Maine  Rail- 
road location,  said  point  measuring  46.75  feet  southwesterly 
from  the  baseline  of  location  at  a  point  of  tangency  in  said 
location  line;  thence  southeasterly  on  the  arc  of  a  circle 
having  a  radius  of  3227.4  feet  more  or  less  curving  to  the 
right  493.9  feet  more  or  less  to  a  point  of  compound  curva- 
ture, the  chord  of  said  arc  bearing  S  48°  18'  09"  E,  493.55 
feet;  thence  southeasterly  on  the  arc  of  a  circle  having  a 
radius  of  3425.8  feet  more  or  less,  curving  to  the  right  789.2 
feet  more  or  less  to  a  point  of  compound  curvature,  the  chord 
of  said  arc  bearing  S  37°  19'  02"  E,  787.57  feet;  thence 
southeasterly  on  the  arc  of  a  circle  having  a  radius  of  3497.4 
feet  more  or  less,  curving  to  the  right  459.6  feet  more  or  less 


510  Acts,  1943.  —  Chap.  415. 

to  a  point  of  tangency,  the  chord  of  said  arc  bearing  S  26° 
56'  58"  E,  459.26  feet;  thence  S  23°  10'  12"  E,  1665.87  feet 
to  a  point  of  curve;  thence  southeasterly  on  the  arc  of  a 
circle  having  a  radius  of  5621.5  feet  more  or  less,  curving  to 
the  left  271.1  feet  more  or  less  to  a  point  of  compound  cur- 
vature, the  chord  of  said  arc  bearing  S  24°  32'  49"  E,  271.01 
feet;  thence  southeasterly  on  the  arc  of  a  circle  having  a 
radius  of  4821.5  feet  more  or  less,  curving  to  the  left  327.1 
feet  more  or  less  to  a  point  of  tangency,  the  chord  of  said  arc 
bearing  S  27°  50'  46"  E,  327.04  feet;  thence  S  29°  49'  11"  E, 
1152.45  feet  to  an  angle  —  the  seven  last  named  courses 
lying  on  a  line  parallel  to  the  baseline  of  location  of  the  Bos- 
ton and  Maine  Railroad  and  46.75  feet  distant  southwesterly 
therefrom  measured  at  right  angles  thereto;  thence  by  land 
of  Vincent  D'Onfro,  et  ux,  S  83°  41'  56"  W,  572.79  feet  to  a 
point  in  the  easterly  sideline  of  Crawford  Street;  thence' 
southeasterly  on  the  arc  of  a  circle  having  a  radius  of  800.00 
feet  curving  to  the  left  along  the  easterly  sideline  of  said 
Crawford  Street,  321.07  feet  to  a  point  of  tangency,  the  chord 
of  said  arc  bearing  S  36°  21'  05"  E,  318.92  feet;  thence 
crossing  said  Crawford  Street,  S  7°  20'  57"  W,  977.13  feet 
to  an  angle  on  the  westerly  bank  of  the  Nashua  River  be- 
tween the  lands  of  the  City  of  Fitchburg  and  the  heirs  of 
George  Davey ;  thence  by  land  of  said  heirs  of  George  Davey 
S  2°  53'  04"  W,  433.52  feet  to  an  angle;  thence  still  by  land 
of  said  heirs  of  George  Davey,  N  75°  26'  56"  W,  1248.23  feet 
to  an  angle;  thence  N  46°  26'  44"  W,  1334.93  feet  to  a  point 
which  marks  an  angle  in  the  boundary  between  land  of  the 
City  of  Fitchburg  and  land  of  the  Standard  Pyroxoloid  Cor- 
poration; thence  S  63°  56'  05"  W,  775.97  feet  to  a  concrete 
monument  marking  Traverse  Station  18  AL  of  the  Massachu- 
setts Geodetic  Survey,  whose  coordinates  are:  X  =  529710.95, 
Y  =  564032.20,  and  thence  by  the  same  bearing  3.99  feet 
to  a  point  which  lies  33.00  feet  distant  from  the  New  York, 
New  Haven  and  Hartford  Railroad  monumented  baseline 
measured  along  a  radial  line;  thence  northwesterly  on  the 
arc  of  a  circle  having  a  radius  of  2834.52  feet  curving  to  the 
left  along  a  line  which  lies  concentric  to  the  arc  of  said  monu- 
mented baseline  and  33.00  feet  distant  therefrom  measured 
along  a  radial  line,  894.53  feet  to  a  point  lying  in  the  easterly 
sideline  of  location  and  33.00  feet  distant,  measured  on  a 
radial  line  from  a  concrete  bound  which  marks  the  point  of 
tangency  of  said  monumented  baseline;  the  chord  to  said 
first  named  arc  bearing  N  28°  10'  44"  W,  890.82  feet;  thence 
N  6°  50'  44"  E,  784.16  feet  to  an  angle;  thence  N  32°  11' 
22"  W,  858.97  feet  to  a  stone  bound  which  marks  the  north- 
easterly sideline  of  Funston  Street  at  Moore  Street;  thence 
by  the  same  bearing  486.88  feet  to  the  northwesterly  ter- 
minus of  said  sideline  of  Funston  Street ;  thence  N  49°  13' 
22"  W,  1742.77  feet  to  a  point  which  lies  approximately  on 
the  boundary  line  between  the  Riverview  Subdivision,  so- 
called,  and  land  of  Paul  Sandrowski ;  thence  along  the  north- 
easterly sideline  of  Kenwood  Avenue  and  crossing  Battles 


Acts,  1943.  —  Chap.  415.  511 

Street,  N  55°  15'  27"  W,  708.26  feet  to  a  point  on  the  Fitch- 
burg-Leominster  City  Line  as  established  by  Legislative 
Act,  February  24,  1925;  thence  along  the  aforesaid  citv  line 
and  crossing  the  Nashua  River  N  53°  07'  38"  E,  2176.23  feet 
to  the  point  of  beginning,  is  hereby  set  off  from  the  city  of 
Leominster  and  annexed  to  the  city  of  Fitchburg. 

The  annexation  lines  above  described  encompass  an  area 
of  476.32  acres. 

Section  2.  The  location  of  each  angle  point  in  the  bound- 
ary described  below  is  fixed  by  J*^  and  Y  coordinates  referred 
to  the  Massachusetts  State  Coordinate  System,  and  is  shown 
on  a  plan  entitled  "Plan  of  land  in  Fitchburg  to  be  annexed 
to  the  City  of  Leominster",  drawn  on  a  scale  of  one  inch  = 
three  hundred  feet  by  the  Fitchburg  department  of  public 
works,  said  plan  or  copies  thereof  to  be  filed  with  the  state 
secretary  and  the  Worcester  northern  district  registry  of 
deeds,  and  being  hereby  made  a  part  of  this  description.  The 
bearings  and  distances  along  the  state  highway  conform  to 
those  given  on  two  plans  of  said  state  highway  drawn  by  the 
Massachusetts  department  of  public  works  on  a  scale  of 
one  inch  =  forty  feet  and  dated,  respectively,  July  14,  1937 
and  June  4,  1940;  and  these  bearings  must  be  decreased  in 
azimuth  four  seconds  to  conform  strictly  to  the  Massachu- 
setts State  Coordinate  System. 

All  that  part  of  the  city  of  Fitchburg,  with  the  inhabitants 
and  estates  therein,  within  the  area  bounded  and  described 
as  follows:  —  Beginning  at  a  granite  monument,  designated 
F.  L.  W.  in  the  Harbor  and  Land  Commission  Town  Bound- 
ary Survey  of  1909,  which  marks  the  corner  of  Fitchburg, 
Leominster  and  Westminster,  and  which  has  the  following 
coordinates:  X  =  508831.83;  Y  =  562708.26;  thence  N  6° 
18'  56"  E,  1743.95  feet  to  an  angle  at  a  point  in  the  southerly 
sideline  of  the  State  Highway  location,  said  point  measuring 
100  feet  southerly  from  station  149  +  09.40  on  the  State 
Highway  baseline  of  location,  measured  at  right  angles 
thereto;  thence  N  82°  07'  55"  E,  1168.37  feet  to  a  point  of 
curve;  thence  easterly  on  the  arc  of  a  circle  having  a  radius 
of  1918.11  feet  curving  to  the  right  1035.07  feet  to  a  point  of 
tangency;  thence  S  66°  56'  58"  E,  1422.77  feet  to  a  point  of 
curve ;  thence  easterly  on  the  arc  of  a  circle  having  a  radius 
of  2683.84  feet  curving  to  the  left  1605.63  feet  to  a  point  of 
tangency;  thence  N  78°  46'  22"  E,  888.78  feet  to  a  point  of  ' 
curve ;  thence  easterly  on  the  arc  of  a  circle  having  a  radius 
of  3082.50  feet  curving  to  the  right  957.38  feet  to  a  point  of 
tangency;  thence  S  83°  26'  11"  E,  369.93  feet  to  a  point  of 
curve ;  thence  easterly  to  northeasterly  on  the  arc  of  a  circle 
having  a  radius  of  2099.97  feet  curving  to  the  left  2098.25 
feet  to  a  point  of  tangency;  thence  N  39°  18'  53"  E,  1153.77 
feet  to  a  point  of  curve;  thence  northeasterly  to  southeast- 
erly on  the  arc  of  a  circle  having  a  radius  of  900.00  feet  curv- 
ing to  the  right  1037.47  feet  to  a  point  of  tangencv;  thence 
S  74°  00'  28"  E,  2169.69  feet  to  an  angle;  thence  N  87°  30' 
44"  E,  902.64  feet  to  an  angle  at  a  point  which  lies  on  the 


512  Acts,  1943.  —  Chap.  415. 

JFitchburg-Leominster  City  line  as  established  by  Legisla- 
tive Act,  February  24,  1925,  and  which  measures  100.00  feet 
from  Station  1  +  48.93  on  the  State  Highway  baseline  of 
location  measured  at  right  angles  thereto,  said  point  having 
the  following  coordinates:  X  =  522796.44,  Y  =  565301.02; 
the  twelve  last  named  courses  are  intended  substantially  to 
be  parallel  to  the  State  Highway  baseline  of  location  and 
100  feet  distant  therefrom;  thence  along  the  Fitchburg- 
Leominster  City  Line  as  established  by  Legislative  Act, 
February  24,  1925,  S  53°  07'  38"  W,  5268.26  feet  to  an 
angle  at  a  granite  monument  marked  F-L,  which  marks 
a  city  corner  in  the  boundary  line  as  described  in  said  Leg- 
islative Act,  said  point  having  the  following  coordinates: 
X  =  518581.97,  Y  =  562139.84;  thence  along  the  former 
Fitchburg-Leominster  City  Line  as  it  existed  prior  to  this 
annexation,  N  86°  39'  49"  W,  9766.69  feet  to  the  place  of 
beginning,  is  hereby  set  off  from  the  city  of  Fitchburg  and 
annexed  to  the  city  of  Leominster. 

The  annexation  lines  above  described  encompass  an  area 
of  561.20  acres. 

Section  2.  Said  chapter  thirty-seven  is  hereby  further 
amended  by  striking  out  section  two  C,  inserted  by  section 
one  of  chapter  six  hundred  and  ninety-eight  of  the  acts 
of  nineteen  hundred  and  forty-one,  and  inserting  in  place 
thereof  the  five  following  sections :  —  Section  2C.  The  inhab- 
itants of  the  territory  set  off  from  the  city  of  Leominster 
and  annexed  to  the  city  of  Fitchburg  and  of  that  set  off  from 
the  city  of  Fitchburg  and  annexed  to  the  city  of  Leominster 
by  this  act  shall,  if  qualified  to  vote  in  such  territory  for  state 
officers,  be  entitled  to  vote  for  all  purposes  in  the  city  to 
which  the  territory  of  which  they  are  inhabitants  is  annexed 
as  aforesaid,  anj^  provision  of  general  law  to  the  contrary 
notwithstanding. 

Section  2D.  There  shall  be  reserved  to  the  city  of 
Leominster  easements  for  the  purpose  of  the  upkeep,  main- 
tenance and  replacement  of  all  water  and  sewer  lines  owned 
on  the  effective  date  of  this  act  by  the  city  of  Leominster 
in  the  areas  affected  by  this  act,  and  there  shall  be  reserved 
to  the  city  of  Fitchburg  similar  rights  with  respect  to  any 
such  lines  owned  on  such  effective  date  by  the  city  of  Fitch- 
burg in  said  areas.  For  said  purposes,  each  of  said  cities 
shall  have  the  right  to  enter  upon  and  dig  up  private  or  other 
lands  within  said  areas  in  such  manner  as  not  unnecessarily 
to  obstruct  the  same  and  shall  do  such  work  in  a  reasonable 
and  workmanlike  manner. 

Section  2E.  Said  cities  of  Leominster  and  Fitchburg  are 
hereby  authorized  to  contract  with  each  other  relative  to  the 
sale  and  purchase  of  water  for  water  supply,  either  for  them- 
selves or  for  their  inhabitants,  within  the  arras  affected  by 
this  act  upon  such  terms  and  conditions  as  may  be  mutually 
agreed  upon. 

Section  2F.  Tax  assessments  levied  in  the  years  nineteen 
hundred  and  fort3^-two  and  nineteen  hundred  and  forty-three 


Acts,  1943.  —  Chap.  416.  513 

by  the  city  of  Fitchburg  on  property  within  the  area  annexed 
to  the  city  of  Leominster  by  this  act,  as  amended,  and  those 
levied  in  said  years  by  the  city  of  Leominster  on  property 
within  the  area  annexed  to  the  city  of  Fitchburg  by  this 
act,  as  amended,  shall,  notwithstanding  said  annexations,  be 
payable  to  and  collected  by  the  city  which  levied  said  assess- 
ments. 

Section  2G.  The  city  of  Fitchburg  is  hereby  authorized 
to  appropriate  and  to  pay  to  the  city  of  Leominster  the  sum 
of  two  thousand  dollars,  which  sum  the  city  of  Leominster 
is  hereby  authorized  to  receive.  Upon  the  making  of  such 
payment,  the  city  of  Leominster  shall  transfer  to  the  city  of 
Fitchburg  its  rights  to  liens,  other  than  water  liens,  so  called, 
and  tax  titles  and  fees  in  the  area  annexed  to  the  city  of 
Fitchburg  by  this  act,  as  amended,  and  the  city  of  Leominster 
shall  release  the  city  of  Fitchburg  from  all  claims  for  munic- 
ipal services  rendered  by  the  city  of  Leominster  prior  to  the 
effective  date  of  this  section  within  the  area  annexed  to  the 
city  of  Leominster  by  this  act,  as  amended. 

Section  3.  Nothing  contained  in  chapter  thirty-seven 
of  the  acts  of  nineteen  hundred  and  forty-one,  as  amended 
by  chapter  six  hundred  and  ninety-eight  of  the  acts  of  nine- 
teen hundred  and  forty-one  and  by  this  act,  shall  be  deemed 
to  affect  any  right,  action  or  cause  or  right  of  action  of  any 
inhabitant  of  the  territory  which  was  formerly  in  Leominster, 
was  set  off  and  annexed  to  Fitchburg  by  section  one  of  said 
chapter  thirty-seven,  and  is  reannexed  to  Leominster  by 
said  chapter  thirty-seven  as  amended  by  this  act;  and  the 
inhabitants  of  said  territory  above  referred  to  and  reannexed 
to  and  included  in  the  city  of  Leominster  by  this  act  shall 
hereafter  be  inhabitants  of  said  city  of  Leominster  and  shall 
enjoy  all  the  rights  and  privileges  and  shall  be  subject  to 
all  the  duties  and  liabilities  of  such  inhabitants  of  said  city 
of  Leominster  in  the  same  manner  and  to  the  same  extent 
as  if  said  territory  above  referred  to  had  never  been  set  off 
and  annexed  to  said  city  of  Fitchburg,  except  as  otherwise 
provided  by  this  act. 

Section  4.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  vote  of  the  city  council,  with  the  approval  of  the 
mayor,  of  said  city  of  Fitchburg  and  by  vote  of  the  city 
council,  with  the  approval  of  the  mayor,  of  said  city  of  Leom- 
inster, but  not  otherwise.  Approved  June  3,  1943. 


An  Act  authorizing  the  department  of  public  works  ChavAlQ 

TO  LAY  OUT  AND  ALTER  WAYS  OTHER  THAN  STATE  HIGH- 
WAYS, AND  TO  FACILITATE  THE  SECURING  OF  FEDERAL 
AID   IN   CONNECTION   THEREWITH. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  eighty-one  of  the  General  Laws  is  hereby  amended  g  l.  (Tor. 
by  inserting  after  section  twenty-nine,  as  appearing  in  the  §  29a,  added 
Tercentenary  Edition,  the  following  section:  —  Section  29 A. 


514  Acts,  1943.  —  Chap.  417. 

^r/'"°avs*'  '^^^  department  may  lay  out  or  alter  ways  other  than  state 
other  than  state  highways  in  any  city  or  town  provided  that  federal  aid  may 
highways.  ^^  sccured  toward  the  damages  sustained,  and  provided  that 
the  mayor  of  the  city  or  the  board  of  selectmen  of  the  town 
consents  thereto.  Land  or  rights  in  land  may  be  acquired 
for  this  purpose  by  eminent  domain  under  chapter  seventy- 
nine  by  the  department  in  behalf  of  the  city  or  town  in  which 
the  land  lies.  Any  person  whose  property  has  been  taken  or 
injured  by  any  action  of  said  department  under  authority  of 
this  section  may  recover  from  the  commonwealth  under 
chapter  seventy-nine  such  damages  therefor  as  he  may  be  en- 
titled to.  For  this  purpose  the  departrnent  may  use  any  funds 
which  may  be  available  for  the  purpose  of  securing  federal 
aid  in  the  construction  of  highways,  and  may  also  use  any 
money  appropriated  for  a  count}^  or  by  a  city  or  town, 
toward  the  damages  sustained,  provided  that  the  county 
commissioners,  selectmen  or  mayor  have  agreed  in  writing 
to  pay  the  money  thus  appropriated  upon  the  order  of  the 
department.  Approved  June  3,  1943. 


Chap. 4:17  An    Act    relative    to    recounts    at    primaries    and 

ELECTIONS. 

Be  it  enacted,  etc.,  as  follows: 

EdV  54%'  is'j       Chapter  fifty-four  of  the  General  Laws  is  hereby  amended 
etc!, 'amended! '  by  Striking  out  scctiou  one  hundred  and  thirty-five,  as  most 
recently  amended  by  chapter  three  hundred  and  fifty  of  the 
acts  of  nineteen  hundred  and  forty-one,  and  inserting  in 
Local  or  placc  thereof  the  following  section:  —  Section  135.      If,  on 

recou'nt.'^how  Or  bcforc  fivc  o'clock  in  the  afternoon  on  the  third  day 
conducted  ""'  following  an  election  in  a  ward  of  a  city  or  in  a  town,  ten  or 
notice  of  result,  morc  votcrs  of  such  Ward  or  town,  except  a  town  having  more 
ofTe"coS!"e'tc.  than  twenty-five  hundred  voters  and  voting  by  precincts 
and  except  Boston,  and  in  such  a  town  voting  by  precincts 
ten  or  more  voters  of  each  precinct  in  which  a  recount  is  peti- 
tioned for  and  in  Boston  fifty  or  more  voters  of  a  ward,  shall 
sign  in  person,  adding  thereto  their  respective  residences  on 
the  preceding  January  first,  and  cause  to  be  filed  with  the 
city  or  town  clerk  a  statement,  sworn  to  by  one  of  the  sub- 
scribers, that  they  have  reason  to  believe  and  do  believe  that 
the  records,  or  copies  of  records,  made  by  the  election  officers 
of  certain  precincts  in  such  ward  or  town,  or,  in  case  of  a  town 
not  voting  by  precincts,  by  the  election  officers  of  such  town, 
are  erroneous,  specifying  wherein  they  deem  such  records  or 
copies  thereof  to  be  in  error,  or  that  challenged  votes  were 
cast  by  persons  not  entitled  to  vote  therein,  and  that  they 
believe  a  recount  of  the  ballots  cast  in  such  precincts  or  town 
will  affect  the  election  of  one  or  more  candidates  voted  for  at 
such  election,  specifying  the  candidate  or  candidates,  or  will 
affect  the  decision  of  a  question  voted  upon  at  such  election, 
specifying  the  question,  the  city  or  town  clerk  shall  forthwith 
transmit  such  statement  and  the  envelopes  or  containers  con- 


Acts,  1943.  —  Chap.  417.  516 

taining  the  ballots,  sealed,  to  the  registrars  of  voters,  who 
shall  first  examine  the  statement  and  attach  thereto  a  certifi- 
cate of  the  number  of  names  of  subscribers  which  are  names 
of  registered  voters  in  such  ward  or  town  and  shall  then, 
without  unnecessary  delay,  but  not  before  the  last  hour  for 
filing  requests  for  recounts  as  aforesaid,  open  the  envelopes 
or  containers,  recount  the  ballots  and  determine  the  questions 
raised,  and  shall  examine  all  ballots  cast  by  or  for  challenged 
voters  and  reject  any  such  ballot  cast  by  or  for  a  person 
found  not  to  have  been  entitled  to  vote.  They  shall  endorse 
on  the  back  of  every  ballot  so  rejected  the  reason  for  such 
rejection  and  said  statement  shall  be  signed  by  a  majority 
of  said  registrars.  A  member  of  the  board  of  registrars  shall 
endorse  over  his  signature  on  the  back  of  each  protested 
ballot  the  block  number  of  which  it  is  a  part  and  the  office  for 
which  the  vote  is  protested,  together  with  the  name  of  the 
candidate  for  whom  the  vote  is  counted.  Upon  a  recount  of 
votes  for  town  officers  in  a  town  where  the  selectmen  are 
members  of  the  board  of  registrars  of  voters,  the  recount  shall 
be  made  by  the  moderator,  who  shall  have  all  the  powers  and 
perform  all  the  duties  conferred  or  imposed  by  this  section 
upon  registrars  of  voters. 

In  cases  of  recounts  at  elections  where  voting  machines  Recounts 
have  been  used  the  city  or  town  clerk  shall  transmit  to  the  niarh1n''es*h!a ve 
registrars  the  records  of  the  election  officers,  the  envelopes  been  used. 
or  containers  containing  the  total  sheets  showing  the  votes 
recorded  by  the  voting  machines,  cast  by  challenged  voters 
and  cast  by  absent  voting  ballots,  respectively,  and  contain- 
ing the  ballots  cast  bj^  challenged  voters  and  the  absent 
voting  ballots  cast. 

State-wide  recounts  in  cases  of  offices  to  be  filled  or  ques-  state-wide 
tions  to  be  voted  upon  at  the  state  election  by  all  the  voters  pet°uCn^for, 
of  the  commonwealth  may  be  requested  as  provided  in  the  et<' 
foregoing  provisions  of  this  section  so  far  as  applicable,  ex- 
cept that  any  petition  therefor  shall  be  on  a  form  approved 
and  furnished  by  the  state  secretary,  shall  be  signed  in  the 
aggregate  by  at  least  one  thousand  voters,  not  less  than  two 
hundred  and  fifty  to  be  from  each  of  four  different  counties, 
and  shall  be  submitted  on  or  before  five  o'clock  in  the  after- 
noon of  the  tenth  day  following  such  election  to  the  regis- 
trars of  voters  of  the  city  or  town  in  which  the  signers  appear 
to  be  voters,  who  shall  forthwith  certify  thereon  the  number 
of  signatures  which  are  names  of  registered  voters  in  said 
city  or  town,  and  except  that  such  petitions  for  recount 
shall  be  filed  with  the  state  secretary  on  or  before  five  o'clock 
in  the  afternoon  of  the  fifteenth  day  following  such  election. 
He  shall  hold  such  petitions  for  recount  until  after  the  offi- 
cial tabulation  of  votes  by  the  governor  and  council  and  if 
it  then  appears  that  the  difference  in  the  number  of  votes 
cast  for  the  two  leading  candidates  for  the  office,  or  in  the 
number  of  affirmative  and  negative  votes  on  a  question, 
for  which  the  recount  is  desired,  is  more  than  one  per  cent 
of  the  total  number  of  votes  cast  for  such  office  or  on  such 


516  Acts,  1943.  —  Chap.  417. 

question,  the  petitions  for  recount  shall  be  void.  If  such 
difference  in  the  votes  so  cast  appears  to  be  one  per  cent  or 
less  of  the  total  votes  cast  for  such  office  or  on  such  ques- 
tion, he  shall  forthwith  order  the  clerk  of  each  city  and 
town  of  the  commonwealth  to  transmit  forthwith,  and  said 
clerk  shall  so  transmit,  the  envelopes  or  containers  contain- 
ing the  ballots,  sealed  except  in  the  case  of  those  containing 
ballots  which  have  already  been  recounted  in  respect  to 
said  office  or  question  under  authority  of  this  section,  to 
the  registrars  of  the  city  or  town  who  shall,  without  un- 
necessary delay,  open  the  envelopes  or  containers,  recount 
the  ballots  cast  for  said  office  or  on  said  question  and  de- 
termine the  questions  raised.  If  a  state- wide  recount  is 
petitioned  for,  all  ballots  cast  at  a  state  election  shall  be 
held,  except  as  otherwise  provided  herein,  by  the  city  and 
town  clerks  until  the  expiration  of  sixty  days  after  said 
election. 
andpMsoM  '^^^  registrars  shall,  before  proceeding  to  recount  the  bal- 

representing  lots,  givc  uot  Icss  than  three  days'  written  notice  to  each 
bf  notrffed,  e°c.  Candidate  who  appears  to  have  been  elected  to  the  office  in 
question  and  to  each  candidate  for  such  office  specified  in 
any  statement  filed  under  authority  of  this  section,  or  to 
such  person  as  shall  be  designated  by  the  petitioners  for  a 
recount  of  ballots  cast  upon  questions  submitted  to  the 
voters,  of  the  time  and  place  of  making  the  recount,  and 
each  such  candidate  or  person  representing  petitioners  as 
aforesaid  shall  be  allowed  to  be  present  and  to  witness  such 
recount  at  each  table  where  a  recount  of  the  ballots  affect- 
ing such  candidate  is  being  held,  accompanied  by  counsel, 
if  he  so  desires.  Each  such  candidate  or  person  may  also 
be  represented  by  agents,  appointed  by  him  or  his  counsel  in 
writing,  sufficient  in  number  to  provide  one  such  agent  for 
each  officer  counting  or  checking  such  ballots;  provided, 
that  no  such  candidate  or  person  may  have  more  than  one 
such  agent,  other  than  his  counsel,  witnessing  the  work  of 
any  one  officer  at  any  one  time.  Each  such  candidate,  per- 
son, counsel  and  agent  shall  have  the  right  to  watch  and 
inspect  the  ballots,  tally  sheets  and  all  other  papers  used  in 
the  recount,  and  to  watch  every  individual  act  performed 
in  connection  therewith.  In  the  case  of  a  recount  of  ballots 
cast  for  offices  which  are  filled  by  all  the  voters  of  the  com- 
monwealth, such  notice  may  be  given  to  the  duly  organized 
state  political  committees.  In  the  case  of  a  recount  of  the 
ballots  cast  upon  a  question  submitted  to  all  the  voters  as 
aforesaid,  one  representative  from  any  committee  organized 
to  favor  or  to  oppose  the  question  so  submitted  shall  be  per- 
mitted to  be  present  and^witness  the  recount. 
upon^q^uestioiw''  ^^^  rccouuts  shall  be  upon  the  questions  designated  in  the 
designated  in  statemcuts  Or  pctitlous  filed,  and  no  other  count  shall  be 
statements,  etc.  j^^^jg^  qj.  aHowcd  to  be  made,  or  other  information  taken, 
or  allowed  to  be  taken,  from  the  ballots  on  such  recount, 
except  that  in  the  case  of  a  recount  of  the  ballots  cast  for 


Acts,  1943.  —  Chap.  417.  517 

an  office,  the  votes  cast  for  all  of  the  candidates  for  such 
office,  including  blanks  cast,  shall  be  recounted. 

If,  after  a  petition  for  a  recount  of  the  votes  for  an  office  Discontinu- 
in  any  ward,  town  or  precinct  of  a  town  has  been  filed,  all  Tn  dty  or'^town! 
the  candidates  for  such  office  shall  file  a  written  request  ^°'^'  effected. 
with  the  city  or  town  clerk  that  the  recount  petitioned  for 
be  discontinued  the  city  or  town  clerk  shall  immediately 
order  such  recount  discontinued  whereupon  such  proceedings 
shall  terminate. 

If,  after  a  petition  for  state-wide  recount  for  an  office  has  Discontinu- 
been  filed,  the  leading  candidate,  together  with  every  other  ^"de  reco\u\t 
candidate  whose  votes  therefor  are  not  exceeded  in  number  how  effected. 
by  the  votes  of  the  leading  candidate  by  more  than  one  per 
cent  of  the  total  number  of  votes  cast  for  such  office,  shall 
file  a  written  request  with  the  state  secretary  that  the  re- 
count petitioned  for  be  discontinued,  the  state  secretary 
shall  immediately  order  such  recount  discontinued  where- 
upon such  proceedings  shall  terminate. 

The  registrars  shall,  when  the  recount  is  complete,  enclose  Record  and 
all  the  ballots  in  their  proper  envelopes  or  containers,  seal  re°uu.°^ 
each  envelope  or  container  with  a  seal  provided  therefor, 
and  certify  upon  each  envelope  or  container  that  it  has  been 
opened  and  again  sealed  in  conformity  to  law;  and  shall  ' 
likewise  make  and  sign  a  statement  of  their  determination 
of  the  questions  raised.  They  shall  also  enclose  all  protested 
ballots  in  a  separate  envelope,  seal  the  envelope  with  a  seal 
provided  therefor  and  certify  upon  the  envelope  that  it  con- 
tains all  ballots  that  have  been  protested.  When  ballots 
are  summoned  to  court,  only  such  ballots  as  have  been  duly 
recorded  as  protested  at  a  recount  shall  be  required  to  be 
produced  except  by  express  order  of  the  court.  The  enve- 
lopes or  containers,  with  such  statement,  shall  be  returned 
to  the  city  or  town  clerk,  who  shall  alter  and  amend,  in 
accordance  with  such  determination,  such  records  as  have 
been  found  to  be  erroneous;  and  the  records  so  amended 
shall  stand  as  the  true  records  of  the  election.  Copies  of 
such  amended  records  of  votes  cast  at  a  state  election  shall 
be  made  and  transmitted  as  required  by  law  in  the  case  of 
copies  of  original  records;  provided,  that  such  copies  of 
amended  records  shall  in  case  of  a  state-wide  recount  be 
transmitted  by  the  city  or  town  clerk  to  the  state  secretary 
within  four  daj^s  of  the  completion  of  such  recount.  If,  in 
case  of  a  recount  of  votes  for  town  officers,  it  shall  appear 
that  a  person  was  elected  other  than  the  person  declared  to 
have  been  elected,  the  registrars  of  voters  shall  forthwith 
make  and  sign  a  certificate  of  such  fact,  stating  therein  the 
number  of  votes  cast,  as  determined  by  the  recount,  for  each 
candidate  for  the  office  the  election  to  which  is  disputed, 
and  shall  file  the  same  with  the  town  clerk.  The  town  clerk 
shall  record  the  certificate  and  shall,  within  twenty-four 
hours  after  such  filing,  cause  a  copy  of  such  certificate,  at- 
tested by  him,  to  be  delivered  to  or  left  at  the  residence  of 


Clerical 

assistance. 


518  Acts,  1943.  —  Chap.  418. 

the  person  so  declared  to  have  been  elected,  and  to  the  per- 
son who  by  such  certificate  appears  to  be  elected. 

Registrars  of  voters  may  employ  such  clerical  assistance 
as  they  deem  necessary  to  enable  them  to  carry  out  this 
section  and  in  the  investigation  of  challenged  votes  may 
summon  witnesses  and  administer  oaths. 

Approved  June  3,  1943. 


ChapAlS  An  Act  authorizing  the  sale  of  certain  land  held 

BY    the    city    of    CHICOPEE    FOR    PARK    AND    PLAYGROUND 
PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

The  city  of  "Chicopee,  upon  vote  of  the  city  council  and 
with  the  approval  of  the  mayor,  may  sell,  by  public  or  private 
sale,  real  estate  located  in  said  city  and  taken  and  acquired 
by  it  by  eminent  domain  for  park  and  playground  purposes, 
which  taking  is  recorded  in  Hampden  county  registry  of 
deeds,  March  third,  nineteen  hundred  and  thirty-eight,  Book 
1634,  page  371.  Said  property  is  more  fully  described  as  fol- 
lows: —  Tract  on  northerly  side  of  Harrison  avenue,  as  shown 
'  on  plan  of  lots  recorded  in  said  registry  of  deeds  in  Book  S, 
page  38.  Beginning  at  a  point  in  said  northerly  line  of  Harri- 
son avenue,  one  hundred  feet  west  of  the  westerly  line  of 
Wheatland  avenue ;  thence  west  along  the  northerly  line  of 
Harrison  avenue,  three  hundred  and  sixty-five  feet  more  or 
less  to  the  easterly  line  of  property  of  Mary  C.  Swan;  thence 
by  said  Swan  property  in  a  northerly  direction  to  a  point 
on  the  rear  boundary  line  of  present  lots  facing  on  Front 
street  and  now  or  formerly  of  one  Harrison;  thence  along 
the  southerly  boundary  of  aforesaid  lots  three  hundred  and 
ten  feet  more  or  less  to  a  point  one  hundred  feet  westerly 
from  the  westerly  line  of  Wheatland  avenue;  thence  south- 
erly by  an  angle  of  ninety  degrees  one  hundred  and  twenty- 
five  feet  to  point  of  beginning:  also  certain  other  lots  as 
shown  on  certain  plans  recorded  in  said  registrv  of  deeds  as 
follows:  —  Lots  number  161,  162,  163,  228  to  233,  inclusive, 
236,  all  as  shown  on  plan  recorded  in  Hampden  county 
registry  of  deeds  in  book  of  plans  A,  page  42;  Lots  350  to 
356,  inclusive,  362  to  365,  inclusive,  335  to  342,  inclusive, 
394,  395,  400  to  404,  inclusive,  413,  440  to  443,  inclusive, 
456,  all  as  shown  on  plan  of  lots  recorded  in  said  registry  of 
deeds  in  book  of  plans  A,  page  46;  and  Lots  527  to  535,  in- 
clusive, 540  to  544,  inclusive,  549  to  561,  inclusive,  571  to 
580,  inclusive,  605,  606,  607,  608,  616,  625  to  630,  inclusive, 
all  as  shown  on  a  plan  recorded  in  said  registry  of  deeds  in 
book  of  plans  S,  page  38;  subject  to  the  rights  of  the  owners 
of  parcels  shown  on  plan  of  lots  recorded  in  said  registry  of 
deeds  in  book  of  plans  A,  page  42;  book  of  plans  A,  page  46; 
book  of  plans  4,  page  83;  and  book  of  plans  S,  page  38;  to 
use  certain  streets  and  avenues  as  granted  them  by  Edward 


Acts,  1943.  —  Chaps.  419,  420.  519 

S.  Bemis  and  Robert  E.  Bemis  under  deeds  duly  recorded 
in  said  registry  of  deeds,  being  as  described  in  deed  to  city 
of  Chicopee  recorded  in  said  registry  of  deeds,  book  1635, 
page  331.  App7-oved  June  3,  1943. 


An  Act  providing  for  special  funds  to  meet  the  lia-  ChavA19 

BILITY  OF  THE  COMMONWEALTH  AND  POLITICAL  SUB- 
DIVISIONS THEREOF  TO  PAY  CONTRIBUTIONS  TO  CONTRIB- 
UTORY RETIREMENT  SYSTEMS  ON  ACCOUNT  OF  MExMBERS 
THEREOF    IN    THE    MILITARY    OR    NAVAL   SERVICE. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  seven  hundred  and  eight  of  the  acts  of  nineteen 
hundred  and  forty-one,  as  amended,  is  hereby  further 
amended  by  inserting  after  section  nine  the  following  sec- 
tion: —  Section  9 A.  In  order  to  provide  funds  to  carry  out 
the  provisions  of  section  nine,  there  shall  be  appropriated 
biennially,  in  the  case  of  the  commonwealth  and  the  several 
counties,  except  SufTolk  and  Nantucket,  and  annually,  in 
the  case  of  cities,  towns  and  districts,  sums  equal  to  not  less 
than  one  half  the  amount  which  would  have  been  paid  by 
members  on  military  leave  of  absence  referred  to  in  said 
section  nine  had  the}'^  remained  in  the  service  of  the  com- 
monwealth or  of  a  political  subdivision  thereof  during  the 
preceding  budgetary  period.  Sums  so  appropriated  by  the 
commonwealth  and  the  several  political  subdivisions  thereof 
shall  be  paid  into  their  respective  retirement  systems  and 
shall  be  invested  and  reinvested  by  the  retirement  boards  as 
a  special  fund  to  be  used  only  for  carrying  out  the  purposes 
of  said  section  nine.  To  cover  accrued  liabihty  on  account 
of  said  section  nine  for  the  period  from  January  first,  nine- 
teen hundred  and  fortj'-one,  to  the  effective  date  of  this  act, 
sufficient  sums  shall  be  appropriated,  as  soon  as  may  be,  in 
the  case  of  the  commonwealth  and  the  several  political  sub- 
divisions thereof,  to  the  special  funds  hereinbefore  provided 
for.  Approved  June  3,  1943. 


ChapA20 


An  Act  making  certain  changes  in  the  law  relating 

TO   THE   gasoline  AND  MOTOR  VEHICLE   FUEL  TAX. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  three  of  chapter  sixty-four  A  of  the  g.  l.  (Tei. 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is  amendeci'  ^  '^' 
hereby  amended  by  striking  out,  in  the  thirteenth  line,  the 
words   "one  year"  and  inserting  in  place  thereof:  —  two 
years,  —  so  that  the  last  sentence  will  read  as  follows :  — 
Said  records  and  said  written  statements  shall  be  in  such  Records  of 
form  as  the  commissioner  shall  prescribe,  and  shall  be  pre-  ®^  ^^'  ^^'^ 
served  by  said  distributors  and  said  purchasers,  respectively, 
for  a  period  of  two  years  and  shall  be  offered  for  inspection  at 


520 


Acts,  1943.  —  Chap.  420. 


G.  L.  (Ter. 
Ed.),  64 A,  §  5, 
etc.,  amended. 


Determination 
of  excise  upon 
failure  to  file 
returns. 


G.  L.  (Ter. 
Ed.),  64A,  §  7, 
amended. 


Reimburse- 
ment of  excise; 
sale  free  from, 
regulated. 


any  time  upon  oral  or  written  demand  by  the  commissioner 
or  his  duly  authorized  agents. 

Section  2.  Said  chapter  sixty-four  A  is  hereby  further 
amended  by  striking  out  section  five,  as  most  recently 
amended  by  section  thirty-two  of  chapter  four  hundred  and 
fifty-one  of  the  acts  of  nineteen  hundred  and  thirty-nine,  and 
inserting  in  place  thereof  the  following  section :  —  Section  5. 
If  a  distributor,  having  failed  to  file  a  return,  or,  having  filed 
an  incorrect  or  insufficient  return,  without  reasonable  excuse 
fails  to  file  an  original  or  corrected  return,  as  the  case  may 
require,  within  twenty  days  after  the  giving  of  notice  to  him 
by  the  commissioner  of  his  delinquency,  the  commissioner 
shall  determine  the  amount  due,  at  any  time  within  two  years 
after  the  making  of  the  earliest  sale  included  in  such  deter- 
mination, and  shall  notify  the  distributor  of  such  determina- 
tion. The  distributor  shall  forthwith  after  the  giving  of  such 
notice  pay  to  the  commissioner  the  amount  so  determined  to 
be  due,  with  interest  at  six  per  cent  from  the  last  day  of  the 
month  in  which  the  return  is  required  to  be  made  pursuant  to 
^section  four.  Any  distributor  may  within  sixty  days  of  the 
date  of  notice  of  such  determination  apply  to  the  commis- 
sioner upon  a  form  prescribed  by  him  for  an  abatement,  and 
may  appeal  to  the  appellate  tax  board  from  the  decision  of 
the  commissioner  on  such  application  for  an  abatement 
within  ten  days  of  the  date  of  notice  of  such  decision,  which 
notice  the  commissioner  shall  send  by  mail,  postage  prepaid, 
to  the  distributor  forthwith  upon  making  such  decision. 
Any  distributor  who  shall  discover  that  any  overpayment  of 
an  excise  has  been  made  by  him  under  section  four  may 
within  six  months  of  the  date  of  overpayment  apply  to  the 
commissioner  on  a  form  prescribed  by  him  for  a  refund  and 
may  appeal  to  the  appellate  tax  board  from  the  decision  of 
the  commissioner  on  such  application  for  a  refund  within  ten 
days  of  the  date  of  notice  of  such  decision,  which  notice  the 
commissioner  shall  send  by  mail,  postage  prepaid,  to  the  dis- 
tributor forthwith  upon  making  such  decision. 

Section  3.  Said  chapter  sixty-four  A  is  hereby  further 
amended  by  striking  out  section  seven,  as  appearing  in  the 
Tercentenary  Edition,  and  inserting  in  place  thereof  the  fol- 
lowing section :  —  Section  7.  Any  person  who  shall  buy  any 
fuel,  on  which  an  excise  has  been  paid  or  is  chargeable  under 
this  chapter,  and  shall  consume  the  same  in  any  manner  ex- 
cept in  the  operation  of  motor  vehicles  upon  or  over  the  high- 
ways of  the  commonwealth,  shall  be  reimbursed  the  amount 
of  said  excise  in  the  manner  and  subject  to  the  conditions 
herein  provided.  All  claims  for  reimbursement  shall  be  made 
by  affidavit  in  such  form  and  containing  such  information  as 
the  commissioner  shall  prescribe,  and  shall  be  accompanied 
by  original  invoices  or  sales  receipts,  and  shall  be  filed  with 
the  commissioner  within  ninety  days  from  the  date  of  pur- 
chase or  invoice.  The  commissioner  may  require  such  further 
information  as  he  shall  deem  necessary  for  the  determination 
of  such  claims,  and  shall  within  thirty  days  after  receipt  trans- 


Acts,  1943.  —  Chap.  421.  521 

mit  all  claims  approved  by  him  to  the  comptroller  for  certifi- 
cation; and  the  amount  approved  by  the  commissioner  and 
certified  as  aforesaid  shall  be  paid  forthwith  from  the  pro- 
ceeds of  the  excise  tax  levied  under  this  chapter,  without 
specific  appropriation. 

Section  4.    Said  chapter  sixty-four  A  is  further  amended  Ed^eS'^'s  ].o 
by  striking  out  section  ten,  as  amended  by  section  thirty-  etc!, 'amended.' 
three  of  chapter  four  hundred  and  fifty-one  of  the  acts  of 
nineteen  hundred  and  thirty-nine,  and   inserting  in  place 
thereof  the  following  section :  —  Section  10.    Sums  due  to  the  Recovery  of 
commonwealth  under  this  chapter  as  excise  or  as  penalties  penafties,  etc. 
or  forfeitures  may  be  recovered  by  the  attorney  general  in  an  suspension  of 
action  brought  in  the  name  of  the  commissioner.    The  com-  distributors 
missioner  may  suspend  the  license  of  a  distributor  for  viola-  "^'^"^^' 
tion  of  any  provision  of  this  chapter,  but  the  distributor  may 
appeal  from  his  decision  within  ten  days  thereafter  to  the 
appellate  tax  board,  whose  decision  shall  be  final.    The  com- 
missioner shall  have  the  same  powers  and  remedies  with  re- 
spect to  the  collection  of  said  sums  as  he  has  with  respect  to 
the  collection  of  income  taxes  under  chapter  sixty-two. 

Approved  June  3,  1943. 


An  Act  relative  to  the  renewal  of  certain  licenses,  Chap. 421 

PERMITS  AND  CERTIFICATES  OF  REGISTRATION  HELD  BY 
PERSONS  SERVING  IN  THE  MILITARY  AND  NAVAL  FORCES 
OF  THE  UNITED  STATES  AND  TO  THE  REMISSION  OF  CER- 
TAIN  FEES   IN   CONNECTION   THEREWITH. 

Be  it  enacted,  etc.,  as  follows: 

Section  twenty-three  of  chapter  seven  hundred  and  eight 
of  the  acts  of  nineteen  hundred  and  forty-one  is  herel?y 
amended  by  striking  out,  in  the  fifth  line,  the  word  "four" 
and  inserting  in  place  thereof  the  word :  —  six,  —  and  by 
adding  at  the  end  thereof  the  following: — ;  and  pro- 
vided, further,  that  no  fee  shall  be  charged  or  collected  for 
the  period  between  such  expiration  and  such  renewal,  —  so 
as  to  read  as  follows :  —  Section  23.  Any  license,  permit  or 
certificate  of  registration  issued  by  any  department,  divi- 
sion, board,  commission  or  officer  of  the  commonwealth  that 
expires  while  the  holder  thereof  is  serving  in  the  military  or 
naval  service  of  the  United  States  may  be  renewed  within 
six  months  after  the  termination  by  such  holder  of  such  serv- 
ice, to  the  same  extent  as  though  the  application  for  such 
renewal  were  made  upon  the  expiration  of  such  license,  per- 
mit or  certificate  of  registration;  provided,  that  nothing  in 
this  section  shall  be  construed  to  authorize  such  holder  of  a 
license,  permit  or  certificate  of  registration  to  exercise  any 
rights  thereunder  after  its  expiration  and  prior  to  its  renewal 
as  aforesaid;  and  provided,  further,  that  no  fee  shall  be 
charged  or  collected  for  the  period  between  such  expiration 
and  such  renewal.  Approved  June  3, 1943. 


522  Acts,  1943.  —  Chaps.  422,  423. 


ChapA22  An  Act  temporarily  providing  for  the  transfer  to 

AND  from,  and  the  MAINTENANCE  IN,  MUNICIPAL  AND 
COUNTY  INSTITUTIONS  OF  PATIENTS  IN  OR  INMATES  OF 
CERTAIN   STATE   INSTITUTIONS. 

F^^mwgency  Wheveas,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is,  during  the  existing  state  of 
war  and  for  six  months  thereafter,  to  provide  for  the  trans- 
fer and  reHef  of  persons  in  certain  state  institutions,  there- 
fore it  is  hereby  declared  to  be  an  emergency  law,  necessary 
for  the  convenience  of  the  public  health. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  commissioner  of  public  health,  the  com- 
missioner of  public  welfare  and  the  commissioner  of  mental 
health  may  respectively  transfer  a  patient  in  or  an  inmate 
of  a  state  institution  under  his  control,  and  the  mayor  of  a 
city,  the  board  of  selectmen  of  a  town  or  the  county  com- 
missioners in  charge  of  an  institution  may  accept  such  pa- 
tient or  inmate  for  treatment  and  care  therein.  Any  person 
so  transferred  may,  within  the  effective  period  of  this  act, 
and  forthwith  upon  the  termination  of  such  effective  period 
shall,  be  transferred  to  a  state  institution  under  the  control 
of  the  state  department  the  commissioner  of  which  made 
the  original  transfer  under  authority  of  this  act.  The  ex- 
pense of  transfer  and  maintenance  of  such  patient  or  inmate, 
when  approved  by  the  commissioner,  shall  be  paid  by  the 
commonwealth,  provided,  that,  if  the  amount  to  be  paid 
cannot  be  agreed  upon  by  the  commissioner  making  the 
transfer  and  the  mayor,  the  board  of  selectmen  or  the  county 
commissioners,  as  the  case  may  be,  it  may  be  determined 
by  such  commissioner,  the  mayor  or  board  of  selectmen  or 
county  commissioners,  as  the  case  may  be,  and  the  commis- 
sion on  administration  and  finance,  sitting  as  a  board  for 
the  purpose  of  such  determination. 

Section  2.  This  act  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  for  six 
months  after  the  termination  of  all  such  existing  states  of 
war.  Approved  June  4,  19Jf.3. 


Chap. 423  An  Act  extending  the  time  during  which  there  shall 

BE  imposed  a  temporary  ADDITIONAL  EXCISE  WITH 
RESPECT  TO  THE  SALE  OF  ALCOHOLIC  BEVERAGES  AND 
ALCOHOL. 

Emergency  Whcretts,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose  by  depriving  the  commonwealth  of 
necessary  revenue,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 


Acts,  1943.  —  Chap.  424.  523 

Be  it  enacted,  etc.,  as  follows: 

Section  one  of  chapter  four  hundred  and  thirty-four  of 
the  acts  of  nineteen  hundred  and  thirty-nine  is  hereby 
amended  by  striking  out  the  introductory  paragraph,  as 
amended  by  chapter  three  hundred  and  thirty-nine  of  the 
acts  of  nineteen  hundred  and  forty-one,  and  inserting  in 
place  thereof  the  following  paragraph :  —  There  is  hereby 
imposed  an  additional  excise  on  the  sale  of  alcoholic  bev- 
erages and  of  alcohol  during  the  period  from  September 
first,  nineteen  hundred  and  thirty-nine,  to  June  thirtieth, 
nineteen  hundred  and  forty-five,  inclusive,  as  follows : 

Approved  June  4,  1943. 


C/iap.424 


An  Act  relative  to  the  issuance  of  group  life  and 
general  or  blanket  accident  and  health  insurance 
policies  covering  members  of  certain  associations 
of  public  employees  and  authorizing  pay-roll  de- 
ductions on  account  of  such  policies  and  certain 
other  contracts  for  such  employees. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Clause  (6)  of  section  one  hundred  and  thirty-  o.  l.  (Ter. 
three  of  chapter  one  hundred  and  seventy-five  of  the  Gen-  ftcl! 'amended^' 
eral  Laws,  as  most  recently  amended  by  section  two  of 
chapter  three  hundred  and  sixty-two  of  the  acts  of  nineteen 
hundred  and  thirty-eight,  is  hereby  further  amended  by 
striking  out,  in  the  third  and  fourth  lines,  the  words  "or 
any  association  of  state,  county  or  municipal  employees", 
—  so  as  to  read  as  follows :  —  or  (6)  the  members  of  any  Group  insur- 
trade  union  or  other  association  of  wage  workers  described  bers'^ortrTdr 
in  section  twenty-nine,  with  or  without  medical  examina-  unions,  etc. 
tion,  written  under  a  policy  issued  to  such  union  or  associa- 
tion, the  premium  on  which  is  to  be  paid  by  the  union  or 
association  or  by  the  union  or  association  and  the  members 
thereof  jointly,  and  insuring  all  of  the  members  thereof  for 
amounts  of  insurance  based  upon  some  plan  which  will  pre- 
clude individual  selection,  and  for  the  benefit  of  persons 
other  than  the  union  or  association  or  any  officers  thereof, 
provided,  that  when  the  premium  is  to  be  paid  by  the  union 
or  association  and  its  members  jointly  and  the  benefits  of 
the  policy  are  offered  to  all  members,  not  less  than  seventy- 
five  per  cent  of  such  members  may  be  so  insured,  and  pro- 
vided further  that  any  member  or  members  insured  under 
the  policy  may  apply  for  amounts  of  insurance  additional 
to  those  granted  by  said  policy,  in  which  case  any  percent- 
age of  the  members  may  be  insured  for  additional  amounts 
if  they  pass  satisfactory  medical  examinations. 

Section  2.  -  Said  section  one  hundred  and  thirty-three,  as  g.  l.  (Ter. 
amended,  is  hereby  further  amended  by  adding  at  the  end  ^t'^'.^'amendedf' 
the  following :  —  ;    or  (d)  the  members  of  any  association  Group  insuf- 
of  state,  county  or  municipal  employees,  who  are  regularly  ance  for  state, 


524 


Acts,  1943.  —  Chap.  424. 


county  or 
municipal 
employees. 


G.  L.  (Ter. 
Ed.),  175,  §110, 
etc.,  amended. 


Certain  sections 
not  applicable 
to  certain 
policies  of 
insurance. 


and  permanently  employed  by  the  commonwealth,  a  county 
or  a  municipality  and,  if  employed  by  the  commonwealth  or 
the  city  of  Boston,  are  paid  by  a  common  paymaster  and  are 
eligible  for  membership  in  the  retirement  association  for  the 
employees  of  the  commonwealth  or  of  the  city  of  Boston,  or 
the  members  of  any  association  of  employees  of  two  or  more 
municipalities  within  one  county  who  are  regularly  and  per- 
manently employed  by  one  or  more  such  municipalities,  with 
or  without  medical  examination,  written  under  a  policy 
issued  to  the  association,  the  premium  on  which  is  to  be 
paid  by  its  members  and  insuring  not  less  than  fifty  mem- 
bers and  seventy-five  per  cent  of  all  persons  eligible  for 
membership  therein,  for  amounts  of  insurance  based  upon 
some  plan  which  will  preclude  individual  selection,  and  for 
the  benefit  of  persons  other  than  the  association  or  any  offi- 
cers thereof;  provided,  that  any  member  or  members  in- 
sured under  such  policy  may  apply  for  amounts  of  insurance 
additional  to  those  granted  by  said  policy,  in  which  case 
any  percentage  of  the  members  may  be  insured  for  addi- 
tional amounts  if  they  pass  satisfactory  medical  examina- 
tions ;  and  provided,  further,  that  no  person  shall  be  eligible 
for  coverage  under  such  a  policy  as  a  member  of  more  than 
one  such  association. 

The  term  "common  paymaster",  as  used  in  clause  (d)  of 
this  section,  shall  mean  any  officer  or  employee  of  the  com- 
monwealth or  the  city  of  Boston  or  any  board,  department, 
or  commission  thereof,  whose  duties  include  the  payment  of 
salaries  or  wages  to  employees  of  the  commonwealth,  said 
city  or  any  board,  department  or  commission  thereof. 

Section  3.  Said  chapter  one  hundred  and  seventy-five 
is  hereby  further  amended  by  striking  out  section  one  hun- 
dred and  ten,  as  most  recently  amended  by  chapter  one 
hundred  and  eighteen  of  the  acts  of  nineteen  hundred  and 
forty-one,  and  inserting  in  place  thereof  the  following  sec- 
tion:—  Section  110.  Nothing  in  sections  one  hundred  and 
eight  and  one  hundred  and  nine  shall  be  construed  to  apply 
to  or  affect  or  prohibit  the  issue  of  any  general  or  blanket 
policy  of  insurance  to  (a)  any  employer,  whether  an  indi- 
vidual, association,  copartnership,  or  corporation,  or  (6)  any 
municipal  corporation  or  any  department  thereof  not  re- 
ferred to  in  (c),  or  (c)  any  police  or  fire  department,  or  {d) 
any  college,  school  or  other  institution  of  learning,  or  to  the 
head  or  principal  thereof,  or  (e)  any  organization  for  health, 
recreational  or  military  instruction  or  treatment,  or  (/)  any 
underwriters'  corps,  salvage  bureau  or  like  organization,  un- 
der which  the  officers,  members  or  employees,  or  classes  or 
departments  thereof,  or  the  students  or  patients  thereof,  as 
the  case  may  be,  are  insured  against  loss  or  damage  from 
disease  or  specified  accidental  bodily  injuries  or  death  caused 
by  such  injuries,  contracted  or  sustained  while  exposed  to 
the  hazards  of  the  occupation,  the  course  of  instruction  or 
treatment,  or  otherwise,  for  a  premium  intended  to  cover 
the  risks  of  all  persons  insured  under  such  poUcy.    A  policy 


Acts,  1943.  —  Chap.  424.  525 

on  which  the  premiums  are  paid  by  the  employer  and  the 
employees  jointly,  or  by  the  employees,  and  the  benefits  of 
which  are  offered  to  all  eligible  employees,  and  insuring  not 
less  than  seventy-five  per  cent  of  such  employees,  or  the 
members  of  an  association  of  such  employees  if  the  members 
so  insured  constitute  not  less  than  sevent3^-five  per  cent  of 
all  eligible  employees,  shall  be  deemed  a  general  or  blanket 
policy  within  the  meaning  of  this  section. 

Nothing  in  sections  one  hundred  and  eight  and  one  hun- 
dred and  nine  shall  be  construed  to  apply  to  or  affect  or 
prohibit  the  issue  of  any  general  or  blanket  policy  of  insur- 
ance to  any  association  of  state,  county  or  municipal  em- 
ployees who  are  regularly  and  permanently  emploj^ed  by 
the  commonwealth,  a  county  or  a  municipahty  and,  if  em- 
ployed by  the  commonwealth  or  the  city  of  Boston  are  paid 
by  a  common  paymaster,  as  defined  in  section  one  hundred 
and  thirty-three,  and  are  eligible  for  membership  in  the  re- 
tirement association  for  the  employees  of  the  commonwealth 
or  of  the  city  of  Boston,  or  to  an  association  of  employees 
of  two  or  more  municipalities  within  one  county  who  are 
regularly  and  permanently  employed  by  one  or  more  such 
municipalities,  insuring  the  members  of  the  association 
against  loss  or  damage  from  disease  or  specified  accidental 
bodily  injuries  or  death  caused  by  such  injuries,  contracted 
or  sustained  while  exposed  to  the  hazards  of  their  occupa- 
tion, for  a  premium  intended  to  cover  the  risks  of  all  the 
persons  insured  under  such  policy.  No  person  shall  be  eli- 
gible for  coverage  under  such  a  policy  as  a  member  of  more 
than  one  such  association.  A  policy  on  which  the  premium 
is  paid  by  the  members  of  the  association  and  the  benefits 
of  which  are  offered  to  all  its  members,  and  insuring  not 
less  than  fifty  members  and  seventy-five  per  cent  of  all  per- 
sons eligible  for  membership  in  the  association  shall  be 
deemed  to  be  a  general  or  blanket  policy  within  the  mean- 
ing of  this  section. 

The  provisions  of  section  one  hundred  and  thirt3^-eiglit  A 
shall  apply  to  deductions  on  pay-roll  schedules  from  the 
salary  of  any  state,  county  or  municipal  employee  for  the 
payment  of  premiums  on  a  general  or  blanket  policy  issued 
to  such  an  association  of  state,  county  or  municipal  em- 
ployees. 

Any  blanket  or  general  policy  issued  under  this  section 
to  an  employer  or  to  an  association  of  state,  county  or 
municipal  employees  may  also  insure  the  dependents  of  em- 
ployees or  members  insured  thereunder,  in  respect  to  medi- 
cal, surgical  and  hospital  expenses. 

Section  4.    Said  chapter  one  hundred  and  seventy-five  is  o.  l.  (Ter. 
hereby  further  amended  by  inserting  after  section  one  hun-  j'tssAjadded. 
dred  and  thirty-eight,  as  appearing  in  the  Tercentenary  Edi- 
tion, the  following  section:—  Section  138 A.    Deductions  on  Deduction 
pay-roll  schedules  may  be  made  from  the  salary  of  any  state,  of°^ateI'"tc*, 
county  or  municipal  employee  of  any  amount  which  such  "^^'^l^l^^^'J^''' 
employee  may  specify  in  writing  to  any  state,  county  or  mu-  premiums. 


526 


Acts,  1943.  —  Chap.  424. 


G.  L.  (Ter. 
Ed.),  176A, 
new  §  12, 
added. 


Certain  pro- 
visions of  law 
applicable  in 
case  of  state, 
etc.,  employees. 


G.  L.  (Ter. 
Ed.),  176B,  new 
§  16 A,  added. 


Certain  pro- 
visions of  law 
applicable  in 
case  of  state, 
etc.,  employees. 


nicipal  officer,  or  the  head  of  the  state,  county,  or  municipal 
department,  board  or  commission,  by  whom  or  which  he  is 
employed,  for  the  payment  of  premiums  on  a  group  life 
policy  issued  under  section  one  hundred  and  thirty-three  to 
an  association  of  state,  county  or  municipal  employees  and 
insuring  such  employee  as  a  member  thereof.  Any  such  au- 
thorization may  be  withdrawn  by  the  employee  by  giving  at 
least  sixty  days'  notice  in  writing  of  such  withdrawal  to  the 
state,  county  or  municipal  officer,  or  the  head  of  the  state, 
county  or  municipal  department,  board  or  commission,  by 
whom  or  which  he  is  then  employed  and  b}^  filing  a  copy 
thereof  with  the  treasurer  of  the  association. 

The  state  treasurer,  the  common  paymaster,  as  defined  in 
said  section  one  hundred  and  thirty-three,  or  the  treasurer 
of  the  county  or  municipality  by  which  such  employee  is 
employed,  shall  deduct  from  the  salary  of  such  employee 
such  amount  of  msurance  premiums  as  may  be  certified  to 
him  on  the  pay-roll,  and  transmit  the  sum  so  deducted  to 
the  treasurer  of  said  association  for  transmittal  to  the  com- 
pany, including  in  such  term  a  savings  and  insurance  bank, 
which  issued  the  policy;  provided,  that  the  state  treasurer, 
the  state  comptroller  or  the  county  or  municipal  treasurer, 
as  the  case  may  be,  is  satisfied  by  such  evidence  as  he  may 
require  that  the  treasurer  of  such  association  has  given  to 
said  association  a  bond,  in  a  form  approved  by  the  com- 
missioner, for  the  faithful  performance  of  his  duties,  in  a 
sum  and  with  such  surety  or  sureties  as  are  satisfactory  to 
the  state  treasurer  or  comptroller  or  county  or  municipal 
treasurer. 

Section  5.  Chapter  one  hundred  and  seventy-six  A  of 
the  General  Laws,  inserted  by  chapter  four  hundred  and 
nine  of  the  acts  of  nineteen  hundred  and  thirty-six,  is  hereby 
amended  by  inserting  after  section  eleven  the  following  sec- 
tion: —  Section  12.  The  pertinent  provisions  of  section  one 
hundred  and  thirty-eight  A  of  chapter  one  hundred  and 
seventy-five  shall  apply  to  deductions  on  pay-roll  schedules 
from  the  salary  of  any  state,  county  or  municipal  employee 
for  the  payment  of  the  amount  payable  by  such  an  em- 
ployee under  a  contract  issued  to  him  as  a  subscriber  by  a 
non-profit  hospital  service  corporation  described  in  this 
chapter. 

Section  6.  Chapter  one  hundred  and  seventy-six  B  of 
the  General  Laws,  inserted  bj^  chapter  three  hundred  and 
six  of  the  acts  of  nineteen  hundred  and  forty-one,  is  hereby 
amended  by  inserting  after  section  sixteen  the  following 
section:  —  Section  16 A.  The  perthient  provisions  of  section 
one  hundred  and  thirty-eight  A  of  chapter  one  hundred  and 
seventy-five  shall  apply  to  deductions  on  pay-roll  schedules 
from  the  salary  of  any  state,  county  or  municipal  employee 
for  the  payment  of  the  amount  payable  by  such  an  em- 
ployee under  a  subscription  certificate  issued  to  him  as  a 
subscriber  by  a  medical  service  corporation. 


Acts,  1943.  —  Chaps.  425,  426.  527 

Section  7.     Chapter  one  hundred  and  seventy-six  C  of  fj^  /^ec'new 
the  General  Laws,  inserted  by  chapter  three  hundred  and  ueA,  added. 
thirty-four  of  the  acts  of  nineteen  hundred  and  forty-one,  is 
hereby  amended  by  inserting  after  section  sixteen  the  fol- 
lowins  section:  —  Section  16 A.    The  pertinent  provisions  of  Certain  pro- 

11  II-  •    1         A        c      1  1  Visions  of  law- 

section  one  hundred  and  thirty-eight  A  oi  chapter  one  hun-  applicable  in 

dred  and  seventy-five  shall  apply  to  deductions  on  pay-roll  etc!  empfo*yees. 
schedules  from  the  salary  of  any  state,  county  or  municipal 
employee  for  the  payment  of  the  amount  payable  by  such 
an  employee  under  a  contract  issued  to  him  as  a  subscrib- 
ing member  by  a  medical  service  corporation. 

Approved  June  4,  WIfS. 


An  Act  regulating  the  amount  of  allowance  for  cer-  Cha'p.4i25 

TAIN  MEMBERS  OF  CERTAIN  RETIREMENT  SYSTEMS  RETIRED 
FOR   ORDINARY   DISABILITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  twenty-four  of  chapter  thirty-two  of  Ed  V  32 1' 24, 
the  General  Laws,  as  appearing  in  section  one  of  chapter  etc., 'amended', 
four  hundred  of  the  acts  of  nineteen  hundred  and  thirty-six 
and  as  amended,  is  hereby  further  amended  by  inserting 
after  subdivision  (2)  (c)  the  following  subdivision :  — 

(3)  In  no  case  shall  a  member  be  retired  under  this  sec-  Amount  of 
tion  at  such  annual  rate  of  pension  as  would,  when  added  a"«^^^nce. 
to  his  annuity,  amount  to  a  total  retirement  allowance  of 
less  than  four  hundred  and  eighty  dollars  or  two  thirds  of 
his  average  annual  compensation  for  the  five  years  next  pre- 
ceding his  retirement,  whichever  is  the  lesser. 

Section  2.    Section  thirty  of  said  chapter  thirty-two,  as  o.  l.  (Ter. 
appearing  in  section  one  of  chapter  three  hundred  and  eight-  ^tc'.! 'amended. 
een  of  the  acts  of  nineteen  hundred  and  thirty-six  and  as 
amended,  is  hereby  further  amended  by  inserting  after  sub- 
division (2)  (c)  the  following  subdivision :  — - 

(3)  In  no  case  shall  a  member  be  retired  under  this  sec-  Amount  of 
tion  at  such  annual  rate  of  pension  as  would,  when  added  to  ^'lo^^nce. 
his  annuity,  amount  to  a  total  retirement  allowance  of  less 
than  four  hundred  and  eighty  doUars  or  two  thirds  of  his 
average  annual  compensation  for  the  five  years  next  preced- 
ing his  retirement,  whichever  is  the  lesser. 

Approved  June  4,  1943. 

An  Act  regulating  the  publication  and  sale  of  re-  Chap. 426 

PRINTS    OF    volumes    OF   THE    MASSACHUSETTS   REPORTS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  nine  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
striking  out  section  twenty,  inserted  by  chapter  four  hundred  ^ttj'amended. 
and  two  of  the  acts  of  nineteen  hundred  and  thirty-five,  and 
inserting  in  place  thereof  the  following  section:  —  Section  20.  ^^^^'XdeSioA 
There  shall  be  in  the  department  of  the  state  secretary,  but  of  supreme 

judicial  court. 


528  ,  Acts,  1943.  —  Chap.  427. 

not  subject  to  his  supervision  or  control  except  as  herein 
provided,  a  board,  consisting  of  the  attorney  general,  the 
state  secretary,  the  reporter  of  decisions  of  the  supreme  ju- 
dicial court,  and  a  member  of  the  commission  on  adminis- 
tration and  finance  to  be  designated  by  its  chairman,  which 
board  shall  from  time  to  time  advertise  for  proposals  for  the 
execution  of  the  printing  and  binding,  and  provide  for  the 
sale  to  the  public  at  such  price  as  said  board  may  fix,  of 
the  reports  of  the  decisions  of  the  supreme  judicial  court, 
styled  "Massachusetts  Reports",  and  of  reprints  of  volumes 
of  "Massachusetts  Reports"  previously  published.  Any  ad- 
vertisement for  proposals  for  the  execution  of  the  printing 
and  binding  of  "Massachusetts  Reports"  shall  call  for  pro- 
posals for  the  execution  thereof  during  a  term  of  one,  two  or 
three  years  from  a  date  specified  by  said  board  in  such  ad- 
vertisement. Said  board  shall  take  into  consideration  the 
circumstances  and  facilities  of  the  several  bidders  for  the 
above-mentioned  work,  as  well  as  the  terms  offered;  may 
reject  any  bids  received;  shall  award  the  contract  to  such 
bidder  as  in  its  judgment  the  interests  of  the  commonwealth 
may  require;  and  shall  execute  the  contract  in  the  name  and 
behalf  of  the  commonwealth.  Said  board  may  from  time  to 
time  negotiate  for,  and  execute  in  the  name  and  behalf  of, 
the  commonwealth  a  contract  for  the  printing  and  sale  to 
the  public,  during  such  period  of  time  and  at  such  price  as 
said  board  may  fix,  of  advance  copies  of  opinions  of  said 
court  filed  with  the  reporter  of  decisions.  Bonds  or  securities 
satisfactory  to  said  board,  in  an  amount  not  less  than  ten 
thousand  dollars,  shall  be  given  to  or  deposited  by  each 
person  to  whom  any  contract  is  awarded  under  authority 
of  this  section,  to  secure  faithful  performance  thereof. 

Approved  June  4,  1943. 

ChapA27  An    Act    providing    that    certain    federal    highway 

GRANTS  SHALL  BE  PAID  INTO  THE  HIGHWAY  FUND,  AND 
FURTHER  REGULATING  THE  PURPOSES  FOR  WHICH  SAID 
FUND    SHALL   BE   USED, 

Be  it  enacted,  etc.,  as  follows: 

Edxioil's         Section  1.    Chapter  ten  of  the  General  Laws  is  hereby 
etc., 'amended,    amended  by  striking  out  section  eight,  as  amended  by  sec- 
tion one  of  chapter  one  hundred  and  eighty  of  the  acts  of 
nineteen  hundred  and  thirty-two,   and  inserting  in  place 
To  receive        thcreof  the  following  section :  —  Section  8.    He  shall  receive 
unftld  stSes'"'  from  the  United  States  all  sums  of  money  payable  to  the 
for  highways,     commonwcalth  under  any  act  of  congress  for  the  construc- 
tion of  any  highways  therein.    The  sums  so  received  shall  be 
credited  to  the  Highway  Fund. 
EdV  90 '^§'34         Section  2.    Chapter  ninety  of  the  General  Laws  is  hereby 
etcVamended'.    amended  by  striking  out  section  thirty-four,  as  amended, 
Disposition       and  inserting  in  place  thereof  the  following  section :  —  Sec- 
°^  ^^'^®"  tion  34.     The  fees  received  under  the  preceding  sections, 

Highway  Fund. 


Acts,  1943.  —  Chap.  427.  529 

together  with  all  other  fees  received  by  the  registrar  or  any 
other  person  under  the  laws  of  the  commonwealth  relating 
to  the  use  and  operation  of  motor  vehicles  and  trailers,  shall 
be  paid  by  the  registrar  or  by  the  person  collecting  the  same 
into  the  treasury  of  the  commonwealth,  and  said  fees,  to- 
gether with  all  contributions  and  assessments  paid  into  the 
state  treasury  by  cities,  towns  or  counties  for  maintaining, 
repairing,  improving  and  constructing  ways,  whether  before 
or  after  the  work  is  completed,  all  refunds  and  rebates  made 
on  account  of  expenditures  on  ways  by  the  department  of 
public  works,  all  receipts  paid  into  the  treasury  of  the  com- 
monwealth under  the  provisions  of  chapter  sixty-four  A,  and 
all  receipts  received  by  the  state  treasurer  under  the  pro- 
visions of  section  eight  of  chapter  ten  shall  be  credited  on 
the  books  of  the  commonwealth  to  a  fund  to  be  known  as  the 
.Highway  Fund.  Said  Highway  Fund,  subject  to  appropria- 
tion, shall  be  used  as  follows: 

(1)  Such  portion  as  is  authorized  shall  be  expended  to 
carry  out  the  provisions  of  law  relative  to  the  use  and  opera- 
tion of  motor  vehicles  and  trailers  and  for  expenses  author- 
ized to  administer  the  law  relative  to  the  taxation  of  the  sales 
of  gasoline  and  certain  other  motor  vehicle  fuel; 

(2)  The  balance  then  remaining  shall  be  used  — 

(a)  For  expenditure,  under  the  direction  of  said  depart- 
ment, for  maintaining,  repairing,  improving  and  construct- 
ing town  and  county  highways  together  with  any  money 
which  any  town  or  county  may  appropriate  for  said  purpose 
to  be  used  on  the  same  highways.  The  said  ways  shall  re- 
main town  or  county  ways.  In  this  subdivision  the  word 
"town"  shall  include  city; 

(6)  For  expenditure,  under  the  direction  of  said  depart- 
ment, for  maintaining,  repairing  and  improving  state  high- 
ways and  bridges; 

(c)  For  expenditure,  under  the  direction  of  said  depart- 
ment, in  addition  to  federal  aid  payments  received  under 
section  thirty  of  chapter  eighty-one,  for  construction  of  state 
highways; 

(d)  For  expenditure,  under  the  direction  of  said  depart- 
ment, for  engineering  services  and  expenses,  for  care,  repair, 
storage,  replacement  and  purchase  of  road  building  machin- 
ery and  tools,  for  snow  removal,  for  the  erection  and  main- 
tenance of  direction  signs  and  warning  signs  and  for  the  care 
of  shrubs  and  trees  on  state  highways,  and  for  expenses 
incidental  to  the  foregoing  or  incidental  to  the  purposes 
specified  in  subdivisions  (a),  (6)  or  (c)  of  this  clause; 

(e)  To  meet  interest,  sinking  fund  and  serial  payments 
on  state  highwaj'-  and  western  Massachusetts  highway  and 
abolition  of  grade  crossing  bonds; 

(/)  To  meet  the  commonwealth's  share  of  the  interest, 
sinking  fund  and  serial  payments  on  metropolitan  parks 
loans,  series  two,  and  to  pay  such  sums  as  the  common- 
wealth may  be  required  to  pay  out  of  receipts  from  motor 


530 


Acts,  1943.  —  Chap.  428. 


vehicle  fees  for  particular  traffic  routes  now  or  hereafter 
authorized; 

(g)  For  expenditure,  under  the  direction  of  the  metropoli- 
tan district  commission,  to  meet  the  cost  of  maintenance  of 
boulevards  in  the  metropolitan  parks  district  under  section 
fifty-six  of  chapter  ninety-two,  and  the  commonwealth's 
share  of  the  cost  of  construction  of  boulevards  within  said 
district  now  or  hereafter  authorized; 

(h)  For  expenditure,  under  the  direction  of  the  depart- 
ment of  public  safety,  for  the  maintenance,  in  part,  of  the 
division  of  state  police; 

(i)  For  expenditure,  under  the  direction  of  the  state 
auditor,  for  the  maintenance,  in  part,  of  his  department; 

0)  For  expenditure,  under  the  direction  of  the  state 
treasurer,  for  the  maintenance,  in  part,  of  his  department; 

(k)  For  expenditure,  under  the  direction  of  the  commission 
on  administration  and  finance,  for  the  maintenance,  in  part, 
of  said  commission.  Approved  June  4,  1943. 


ChavA2S  A.^    Act   providing    for   the    settlement   of   disputes 

RESPECTING  THE  DOMICILE  OF  DECEDENTS  FOR  DEATH  TAX 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  new 
chapter  65B, 
added. 


Definitions. 


PURPOSES. 

Whereas,  The  settlement  of  certain  disputes  relating  to 
taxes  in  a  manner  advantageous  to  the  commonwealth  may 
be  delayed  or  defeated  unless  this  act  becomes  immediately 
operative,  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  General  Laws  are  hereby  amended 
by  inserting  after  chapter  sixty-five  A  the  following  new 
chapter :  ^ 

Chapter  65B. 

Settlement  of  Disputes  respecting  the  Domicile  of 
Decedents  for  Death  Tax  Purposes. 

Section  1.  When  used  in  this  chapter  the  following  terms 
shall  have  the  following  meanings: 

(a)  "Executor",  any  executor  of  the  will  or  administrator 
of  the  estate  of  a  decedent,  except  an  ancillary  administrator; 

Qj)  "Taxing  official",  the  commissioner  of  corporations 
and  taxation  in  this  commonwealth,  and  in  any  other  recipro- 
cal state  the  officer  or  body  designated  in  the  statute  of  such 
state  substantially  similar  to  this  chapter; 

(c)  "Death  tax",  any  tax  levied  by  a  state  on  account  of 
the  transfer  or  shifting  of  economic  benefits  in  property  at 
death,  or  in  contemplation  thereof,  or  intended  to  take  effect 
in  possession  or  enjoyment  at  or  after  death,  whether  denom- 
inated an  "inheritance  tax",  "transfer  tax",  "succession 
tax",  "estate  tax",  "death  duty",  "death  dues",  or  other- 
wise; 


Acts,  1943. —  Chap.  428.  531 

(d)  "Interested  person",  any  person  who  may  be  entitled 
to  receive,  or  who  has  received  any  property  or  interest  which 
may  be  required  to  be  considered  in  computing  the  death 
tax  of  any  state  involved. 

Section  2.     In  any  case  in  which  this  commonwealth  and  °f'^domicif*fOT 
one  or  more  other  states  each  claims  that  it  was  the  domicile  death  tax 
of  a  decedent  at  the  time  of  his  death,  and  no  judicial  deter-  p^p°*^^- 
mination  of  domicile  for  death  tax  purposes  has  been  made  notfce?etc. 
in  any  of  such  states,  any  executor,  or  the  taxing  official  of 
any  such  state,  may  elect  to  invoke  the  provisions  of  this 
chapter.    Such  election  shall  be  evidenced  by  the  sending  of 
a  notice  by  registered  mail,  receipt  requested,  to  the  taxing 
officials  of  each  such  state  and  to  each  executor,  ancillary 
administrator  and  interested  person.     Any  executor  may 
reject  such  election  by  sending  a  notice  by  registered  mail, 
receipt  requested,  to  the  taxing  officials  involved  and  to  all 
other  executors  within  forty  days  after  the  receipt  of  such 
notice  of  election.     If  such  election  be  rejected,  no  further 
proceedings  shall  be  had  under  this  chapter.     If  such  elec- 
tion be  not  rejected,  the  dispute  as  to  the  death  taxes  shall 
be  determined  solely  as  hereinafter  provided,  and  no  other 
proceedings  to  determine  or  assess  such  death  taxes  shall 
thereafter  be  instituted  in  the  courts  of  this  commonwealth 
or  otherwise. 

Section  3.    In  any  case  in  which  an  election  is  made  as  pro-  Commissioner 
vided  in  section  two  and  not  rejected,  the  commissioner  may  JJjherTa'^^^ing '*'' 
enter  into  a  written  agreement  with  the  other  taxing  officials  officials  or 
involved  and  with  the  executors,  to  accept  a  certain  sum  in  To  accept  ^r-^ 
full  payment  of  any  death  tax,  together  with  interest  and  *  ^  ^e^  o" 
penalties,  that  may  be  due  this  commonwealth;    provided,  death  taxes. 
that  said  agreement  also  fixes  the  amount  to  be  paid  the 
other  state  or  states.    If  an  agreement  cannot  be  reached  and 
the  arbitration  proceeding  specified  in  section  four  is  com- 
menced, and  thereafter  an  agreement  is  arrived  at,  a  written 
agreement  may  be  entered  into  at  any  time  before  such  pro- 
ceeding is  concluded,  notwithstanding  the  commencement  of 
such  proceeding.    Upon  the  filing  of  such  agreement  or  dupli- 
cate thereof  with  the  authority  which  would  have  jurisdiction 
to  assess  the  death  tax  of  this  commonwealth  if  the  decedent 
died  domiciled  in  this  commonwealth,  an  assessment  shall  be 
made  as  therein  provided  and  such  assessment,  except  as 
hereinafter  provided,  shall  finally  and  conclusively  fix  and 
determine  the  amount  of  death  tax  due  this  commonwealth. 
In  the  event  that  the  aggregate  amount  payable  under  such 
agreement  to  the  states  involved  is  less  than  the  maximum 
credit  allowable  to  the  estate  against  the  United  States  estate 
tax  imposed  with  respect  thereto,  the  executor  forthwith  shall 
also  pay  to  the  commissioner  the  same  percentage  of  the  dif- 
ference between  such  aggregate  amount  and  the  amount  of 
such  credit,  as  the  amount  payable  to  the  commissioner  under 
the  agreement  bears  to  such  aggregate  amount. 

Section  4.    If  in  any  such  case  it  shall  appear  that  an  agree-  Procedure 
ment  cannot  be  reached  as  provided  in  section  three,  or  if  one  of'cwt'^m^um 


532  Acts,  1943.  —  Chap.  428. 

cannot  be         year  shall  have  elapsed  from  the  date  of  the  election  without 
agreed  upon,      g^^h  an  agreement  having  been  reached,  the  domicile  of  the 

decedent  at  the  time  of  his  death  shall  be  determined  solely 

for  death  tax  purposes  as  follows: 

(a)  Where  only  this  commonwealth  and  one  other  state 
are  involved,  the  commissioner  and  the  taxing  official  of  such 
other  state  shall  each  appoint  a  member  of  a  board  of  arbitra- 
tion, and  the  members  so  appointed  shall  select  the  third 
member  of  the  board.  If  this  commonwealth  and  more  than 
one  other  state  ai;e  involved,  the  taxing  officials  thereof  shall 
agree  upon  the  authorities  charged  with  the  duty  of  admin- 
istering death  tax  laws  in  three  states  not  involved,  each  of 
which  authorities  shall  appoint  a  member  of  the  board.  The 
members  of  the  board  shall  elect  one  of  their  number  as 
chairman. 

(b)  Such  board  shall  hold  hearings  at  such  places  as  are 
deemed  necessary,  upon  reasonable  notice  to  the  executors, 
ancillary  administrators,  all  other  interested  persons,  and  the 
taxing  officials  of  the  states  involved,  all  of  whom  shall  be 
entitled  to  be  heard. 

(c)  Such  board  shall  have  power  to  administer  oaths,  take 
testimony,  subpoena  and  require  the  attendance  of  witnesses 
and  the  production  of  books,  papers  and  documents  and  issue 
commissions  to  take  testimony.  Subpoenas  may  be  issued  by 
any  member  of  the  board.  Failure  to  obey  a  subpoena  may 
be  punished  by  a  judge  or  justice  of  any  court  of  record  in 
the  same  manner  as  if  the  subpoena  had  been  issued  by  such 
judge  or  justice  or  by  the  court  in  which  such  judge  or  justice 
functions. 

(d)  Such  board  shall  apply,  whenever  practicable,  the 
rules  of  evidence  which  prevail  in  federal  courts  under  the 
federal  rules  of  civil  procedure  at  the  time  of  the  hearing. 

(e)  Such  board  shall,  by  majority  vote,  determine  the 
domicile  of  the  decedent  at  the  time  of  his  death.  Such 
determination  shall  be  final  and  conclusive,  and  shall  bind 
this  commonwealth  and  all  of  its  judicial  and  adminis- 
trative officials  on  all  questions  concerning  the  domicile  of 
the  decedent  for  death  tax  purposes. 

(/)  The  reasonable  compensation  and  expenses  of  the 
members  of  the  board  and  employees  thereof  shall  be  agreed 
upon  among  such  members,  the  taxing  officials  of  the  states 
involved,  and  the  executors.  In  the  event  an  agreement 
cannot  be  reached,  such  compensation  and  expenses  shall  be 
determined  by  such  taxing  officials,  and,  if  they  cannot  agree, 
by  the  appropriate  probate  court  of  the  state  determined  to 
be  the  domicile.  Such  amount  shall  be  borne  by  the  estate 
and  shall  be  deemed  an  administration  expense. 

(g)  The  determination  of  such  board  and  the  record  of  its 
proceeding  shall  be  filed  with  the  authority  having  jurisdic- 
tion to  assess  the  death  tax  in  the  state  determined  to  be  the 
domicile  of  the  decedent  a[nd  with  the  authorities  which 
would  have  had  jurisdiction  to  assess  the  death  tax  in  each 


Acts,  1943.  —  Chap.  429.  533 

of  the  other  states  involved  if  the  decedent  had  been  found 
to  be  domiciled  therein. 

Section  6.  In  any  case  where  it  is  determined  by  the  board  jttoresUin.ited. 
of  arbitration  referred  to  in  section  four  that  the  decedent 
died  domiciled  in  this  commonwealth,  penalties  and  interest 
for  nonpayment  of  the  tax,  between  the  date  of  the  election 
and  the  final  determination  of  the  board,  shall  not  exceed, 
in  the  aggregate,  four  per  centum  of  the  amount  of  the  taxes 
per  annum. 

Section  6.    The  provisions  of  this  chapter  shall  apply  only  Application 
to  cases  in  which  each  of  the  states  involved  has  in  effect  a  ° 
law  substantially  similar  to  this  chapter. 

Section  7.    If,  in  any  case  to  which  this  chapter  applies,  the  Law  appu- 
provisions  of  this  chapter  conflict  with  any  other  law  of  this  of  con'"  °u^^' 
commonwealth,  this  chapter  shall  control. 

Section  2.    Section  one  of  chapter  fifty-eight  of  the  Gen-  g.  l.  (Tcf. 
eral  Laws,  as  amended,  is  hereby  further  amended  by  strik-  ftc".!'amenVed. 
ing  out  the  first  sentence,  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following  sen- 
tence:—  The  commissioner  of  corporations  and  taxation,  in  Povyersand 
chapters  fifty-eight  to  sixty-five  B,  inclusive,  called  the  com-  commis°Jioner. 
missioner,  may  visit  any  town,  inspect  the  work  of  its  asses- 
sors and  give  them  such  information  and  require  of  them  such 
action  as  will  tend  to  produce  uniformity  throughout  the 
commonwealth  in  valuation  and  assessments. 

Section  3.    This  act  shall  apply  to  the  settlement  of  dis-  scope  of 
putes  among  states  with  respect  to  death  taxes  which  come 
within  its  scope,  without  regard  to  whether  the  decedent  died 
before  or  after  the  effective  date  hereof. 

Approved  June  4,  1943. 

An  Act  relating  to  the  acquisition  of  certain  prop-  ChapA29 

ERTY   BY   THE    CITY    OF   BEVERLY    FOR   A   PUBLIC   PARK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  proceedings  of  the  city  council  of  the 
city  of  Beverly  on  April  fifth,  nineteen  hundred  and  forty- 
three,  authorizing  an  agreement  with  the  Beverly  Hospital 
Corporation,  whereby  the  Beverly  Hospital  Corporation 
sells  to  the  city  for  a  public  park  the  property  commonly 
known  as  the  Hunt  property  and  the  city  gives  therefor  its 
note  for  fifty  thousand  dollars  payable  solely  from  whatever 
the  city  may  receive  under  the  will  of  David  S.  Lynch,  if 
and  when  so  received,  the  city  meanwhile  paying  interest  on 
the  said  fifty  thousand  dollars  at  the  rate  of  two  and  one 
half  per  cent  per  annum,  are  hereby  validated,  and  said  city 
and  said  Beverly  Hospital  Corporation  are  hereby  authorized 
to  carry  out  the  said  agreement;  provided,  that  if  the  re- 
ceipts under  said  will  are  insufficient  to  pay  said  note  in  full, 
the  city  shall  not  be  liable  to  make  good  any  such  deficiency. 

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

Approved  June  4,  1943. 


costs  in  certain 


534  Acts,  1943.  —  Chaps.  430,  431. 


ChapASO  An  Act  relative  to  taxation  of  costs  by  the  appel- 
late TAX  board  in  certain  APPEALS  FROM  LOCAL  AS- 
SESSMENTS. 

Be  it  enacted,  etc.,  as  follows: 

Ed V' 58 "new  Chapter  fifty-eight  A  of  the  General  Laws  is  hereby 
§'i2A,  added,  amended  by  inserting  after  section  twelve,  as  amended,  the 
Taxation  of  following  SBction I  —  Sectioji  12 A.  If,  at  a  hearing  of  an  ap- 
peal relative  to  the  assessed  value  of  property  brought  within 
three  years  after  a  determination  by  the  appellate  tax  board 
of  the  value  thereof,  it  appears  that  the  assessed  value  is 
greater  than  the  value  as  so  determined,  the  burden  shall 
be  upon  the  appellee  to  satisfy  the  board  that  the  increased 
value  was  warranted  and  upon  failure  so  to  do  the  board  may, 
in  its  discretion,  tax  as  costs  against  the  appellee,  in  addition 
to  witness  fees  and  expenses  of  service  of  process,  the  whole  or 
any  part  of  the  reasonable  expense  of  the  taxpayer  incurred 
in  the  preparation,  entry  and  trial  of  his  appeal.  Should  the 
board  find  that  the  increased  value  was  warranted  then  it 
may  tax  such  costs  against  the  appellant.  Such  costs  shall 
be  certified  and  paid  as  provided  in  section  twelve. 

Approved  June  4,  1943. 


Chap. 431  A-N  Act  to  permit  cities  and  towns  to  indemnify  mili- 
tary SUBSTITUTES  SERVING  IN  THEIR  FIRE  FORCES  OR 
FIRE    DEPARTMENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Members  of  the  "fire  force",  as  the  term  is 
used  in  chapter  three  hundred  and  twenty-four  of  the  acts  of 
nineteen  hundred  and  thirty-three,  and  "fireman"  or  "mem- 
ber of  the  fire  department"  as  used  in  section  one  hundred  of 
chapter  forty-one  of  the  General  Laws,  shall  include  military, 
substitutes  serving  in  said  forces  or  departments  by  appoint- 
ment, transfer  or  promotion  under  authority  of  section  two 
of  chapter  seven  hundred  and  eight  of  the  acts  of  nineteen 
hundred  and  forty-one.  Cities,  including  Boston,  and  towns 
may  indemnify  such  a  member  of  the  fire  force,  fireman  or 
member  of  the  fire  department,  his  widow  or  next  of  kin,  as 
the  case  may  be,  in  the  manner  described  in  said  chapter 
three  hundred  and  twenty-four  and  said  section  one  hundred 
of  said  chapter  forty-one,  irrespective  of  whether  the  expense 
or  damage  sustained  by  such  member  of  the  fire  force,  fire- 
man or  member  of  the  fire  department  in  the  actual  per- 
formance of  his  duty  occurred  prior  to  or  on.  or  after  the 
effective  date  of  this  act. 

Section  2.  This  act  shall  become  operative  in  any  city 
upon  its  acceptance  by  the  mayor  and  city  council,  and  in  any 
town  upon  its  acceptance  by  the  town,  and  shall  continue  to 
be  operative  in  such  city  or  town  until  the  termination  of  the 
present  states  of  war  between  the  United  States  and  certain 
foreign  countries  and  for  six  months  thereafter. 

Approved  June  4>  i943. 


Acts,  1943.  —  Chap.  432.  535 


An  Act  relative  to  the  excess  of  the  damages  recov-  ChapAS2 

ERED  FROM  A  PERSON  LEGALLY  LIABLE,  OTHER  THAN  THE 
INSURED,  ON  ACCOUNT  OF  AN  INJURY  TO  AN  EMPLOYEE 
OVER  THE  COMPENSATION  PAID  UNDER  THE  WORKMEN'S 
COMPENSATION   LAW  ON  ACCOUNT  THEREOF. 

Be  it  enacted,  etc.,  as  foUoios: 

Chapter  one  hundred  and  fifty-two  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  fifteen,  as  amended  etc!, 'amended. ' 
by  chapter  four  hundred  and  one  of  the  acts  of  nineteen 
hundred  and  thirty-nine,  and  insertmg  in  place  thereof  the 
following  section:  —  Section  15.  Where  the  injury  for  which  Legal  liability 
compensation  is  payable  was  caused  under  circumstances  ^°^  '°J"^'es. 
creating  a  legal  liability  in  some  person  other  than  the  in- 
sured to  pay  damages  in  respect  thereof,  the  employee  may 
at  his  option  proceed  either  at  law  against  that  person  to  re- 
cover damages  or  against  the  insurer  for  compensation  under 
this  chapter,  but,  except  as  hereinafter  provided,  not  against 
both.  If  compensation  be  paid  under  this  chapter,  the  in- 
surer may  enforce,  in  the  name  of  the  employee  or  in  its  own 
name  and  for  its  own  benefit,  the  liability  of  such  other  per- 
son, and  if,  in  any  case  where  the  employee  has  claimed  or 
received  compensation  within  six  months  of  the  injury,  the 
insurer  does  not  proceed  to  enforce  such  liability  within  a 
period  of  nine  months  after  said  injury,  the  employee  may  so 
proceed.  In  either  event  the  sum  recovered  shall  be  for  the 
benefit  of  the  insurer  unless  such  sum  is  greater  than  that  paid 
by  it  to  the  employee.  If  the  insurer  brings  the  action  four 
fifths  of  the  excess  shall  be  paid  to  the  employee,  and  if  the 
employee  brings  the  action  he  shall  retain  the  entire  excess. 
The  party  bringing  the  action  shall  be  entitled  to  retain  any 
costs  recovered  by  him  and  any  interest  received  in  such 
action  shall  be  apportioned  between  the  insurer  and  the  em- 
ployee in  proportion  to  the  amounts  received  by  them  respec- 
tively under  this  section,  exclusive  of  interest  and  costs. 
For  the  purposes  of  this  section,  "excess"  shall  mean  the 
amount  by  which  the  total  sum  received  in  payment  for  the 
injury,  exclusive  of  interest  and  costs,  exceeds  the  compensa- 
tion paid  under  this  chapter.  The  insurer  and  the  employee 
may  share  the  expense  of  any  attorney's  fee  in  accordance 
with  such  agreement  as  they  may  make,  provided  that  when 
the  insurer  brings  the  action  no  such  agreement  shall  be 
valid  if  the  employee  would  be  required  thereunder  to  bear  a 
greater  proportion  of  such  expenses  than  the  proportion  that 
the  part  of  the  excess  received  hereunder  by  him  bears  to  the 
total  sum  received  hereunder  by  him  and  the  insurer,  ex- 
clusive of  interest  and  costs.  Except  in  the  case  of  a  settle- 
ment by  agreement  by  the  parties  to,  and  during  a  trial  of, 
such  an  action  at  law,  no  settlement  by  agreement  shall  be 
made  with  such  other  person  without  the  approval  of  the 
industrial  accident  board  after  an  opportunity  has  been 
afforded  both  the  insurer  and  the  employee  to  be  heard  on 


536  Acts,  1943.  —  Chaps.  433,  434. 

the  merits  of  the  settlement  and  on  the  amount,  if  any,  to 
which  the  insurer  is  entitled  out  of  such  settlement  by  way  of 
reimbursement,  which  amount  shall  be  determined  by  said 
board  at  the  time  of  such  approval.  In  the  case  of  a  settle- 
ment by  agreement  by  the  parties  to,  and  during  a  trial  of, 
such  an  action  at  law  the  justice  presiding  at  the  trial  shall 
have  and  exercise,  relative  to  the  approval  of  such  settlement 
by  agreement  and  to  the  protection  of  the  rights  and  inter- 
ests of  the  employee,  all  the  powers  hereinbefore  granted  to 
the  industrial  accident  board.  An  employee  shall  not  be  held 
to  have  exercised  his  option  under  this  section  to  proceed  at 
law  if,  at  any  time  prior  to  trial  of  an  action  at  law  brought 
by  him  against  such  other  person,  he  shall  after  notice  to  the 
insurer  discontinue  such  action,  provided  that  upon  pay- 
ment of  compensation  following  such  discontinuance  the  in- 
surer shall  not  have  lost  its  right  to  enforce  the  liability  of 
such  other  person  as  hereinbefore  provided. 

Approved  June  4,  1943. 

Chap  ASS  An  Act  providing  for  loans  to  discharged  prisoners. 

Be  it  enacted,  etc.,  as  follows: 

EdVr^^ueo       Chapter  one  hundred  and  twenty-seven  of  the  General 
etc!, 'amended. '  Laws  is  hereby  amended  by  striking  out  section  one  hundred 
and  sixty,  as  amended  by  section  twenty-five  of  chapter  three 
hundred  and  forty-four  of  the  acts  of  nineteen  hundred  and 
forty-one,  and  inserting  in  place  thereof  the  following  sec- 
Kxpenditure      tiou :  —  Scction  160.     The  parole  board  may  expend  such 
boarcr*^  sum  as  may  be  appropriated  for  the  assistance  of  prisoners 

released  from  the  state  prison,  the  Massachusetts  reforma- 
tory, the  reformatory  for  women,  the  state  farm,  the  state 
prison  colony,  or  from  any  institution  to  which  they  were  re- 
moved therefrom.  Such  assistance  may  be  in  the  form  of  a 
loan  on  such  conditions  as  the  board  may  determine.  Any 
loans  paid  back  to  the  board  may  be  expended  by  them  for 
the  same  purpose  without  appropriation;  provided,  that  at 
the  end  of  each  fiscal  year  any  unexpended  balance  of  an  ap- 
propriation or  loan  so  repaid  shall  revert  to  the  treasury. 

Approved  June  4,  1943. 


Chap .4:34:  An  Act  establishing  in  the  city  of  boston  the  board 

OF    REAL     ESTATE     COMMISSIONERS,     AND     SETTING     FORTH 
ITS    POWERS    AND    DUTIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  in  the  city  of  Boston  herein- 
after referred  to  as  the  city,  a  board,  to  be  known  as  the 
board  of  real  estate  commissioners  of  the  city  of  Boston, 
hereinafter  referred  to  as  the  board,  which  shall  consist  of 
the  city  treasurer  and  the  chairman  of  the  city  planning 
board,  ex  officiis,  and  three  other  persons  to  be  appointed  by 
the  mayor  as  hereinafter  provided.    The  initial  appointments 


Acts,  1943.  —  Chap.  434.  537 

hereunder  shall  be  made  by  the  mayor  within  sixty  days 
after  the  effective  date  of  this  act,  and  in  making  the  same  he 
shall  appoint  one  appointive  member  for  a  term  expiring  on 
May  first,  nineteen  hundred  and  forty-six,  one  for  a  term  ex- 
piring on  May  first,  nineteen  hundred  and  forty-five,  and  one 
for  a  term  expiring  on  May  first,  nineteen  hundred  and  forty- 
four,  and  thereafter,  as  the  term  of  office  of  an  appointive 
member  expires,  his  successor  shall  be  appointed  by  the  maj^or 
for  a  term  of  three  years.  If  the  office  of  any  of  the  ap- 
pointive members  becomes  vacant,  the  vacancy  or  vacancies 
shall  be  filled  for  the  unexpired  term  by  the  mayor.  The 
mayor  shall  designate  one  of  the  appointive  members  as 
chairman.  The  chairman  shall  receive  as  compensation  such 
sum,  not  exceeding  five  thousand  dollars  per  annum,  as  may 
be  fixed  by  the  mayor.  The  other  members  shall  serve  with- 
out pay. 

Section  2.  The  chairman,  subject  to  the  regulations  of 
the  board  with  respect  to  his  procedure,  shall  have  the  care, 
custody,  management  and  control  of  all  property  acquired 
by  the  city  by  foreclosure  of  tax  titles  or  acquired  under  sec- 
tion eighty  of  chapter  sixty  of  the  General  Laws,  whether 
acquired  before  or  after  the  effective  date  of  this  act. 

Section  3.  The  chairman,  subject  to  appropriation,  may 
employ  one  or  more  assistants  as  may  be  necessary  for  the 
proper  performance  of  his  duties,  and  such  assistants  shall 
receive  as  compensation  such  amounts  as  may  be  approved 
by  the  mayor. 

Section  4.  The  mayor  shall  appoint  from  the  board  a 
committee  consisting  of  the  chairman  and  two  other  mem- 
bers, to  be  known  as  the  committee  on  foreclosed  real  estate. 
The  chairman,  acting  on  behalf  of  the  city,  may,  subject  to 
the  restrictions  hereinafter  provided,  let  or  lease  real  estate 
referred  to  in  section  two  or  any  portion  thereof,  or  interest 
therein.  The  chairman,  acting  on  behalf  of  the  city,  subject 
to  such  restrictions,  may  also  sell  such  real  estate,  or  any  por- 
tion thereof,  or  any  interest  therein,  at  public  auction,  first 
posting  a  notice  thereof  in  two  or  more  convenient  and  public 
places  in  the  city  at  least  fourteen  days  before  such  sale.  A 
similar  notice  shall  be  sent  by  registered  mail  to  the  person 
who  was  the  owner  of  record  immediately  prior  to  the  acqui- 
sition by  the  city  of  absolute  title  to  such  property,  at  least 
fourteen  days  before  the  sale.  Such  notice  shall  contain  a 
description  of  the  property  to  be  sold  sufficient  to  identify  it, 
and  shall  state  the  date,  time  and  place  appointed  for  the 
sale  thereof  and  the  terms  and  conditions  of  such  sale.  The 
chairman  may  reject  any  and  all  bids  at  such  sale  or  any 
adjournment  thereof  if  in  his  opinion  no  bid  is  made  which 
approximates  the  fair  value  of  the  property,  and  he  may  ad- 
journ the  sale  from  time  to  time  for  such  periods  as  he  deems 
expedient,  giving  notice  thereof  at  the  time  and  place  ap- 
pointed for  the  sale  or  any  adjournment  thereof.  Failure  to 
post  or  send  a  notice  as  herein  provided,  or  any  insufficiency 


538  Acts,  1943.  —  Chap.  435. 

in  the  notice  posted  or  sent,  shall  not  invalidate  the  title  to 
any  property  sold  hereunder. 

Section  5.  No  lease  or  sale  made  under  section  four  shall 
be  valid  unless  approved  by  a  unanimous  vote  of  the  com- 
mittee on  foreclosed  real  estate,  or  by  a  vote,  approved  by 
the  mayor,  of  a  majority  of  the  board.  A  certificate  of  the 
vote  of  the  committee  on  foreclosed  real  estate,  or  of  the  vote 
of  a  majority  of  the  board  and  the  approval  of  the  mayor,  as 
the  case  may  be,  shall  be  made  by  the  secretary  of  the  board 
and  attached  to  the  lease  or  deed. 

Section  6.  The  board  shall  elect  a  secretary,  and  may 
from  time  to  time  make  such  regulations  with  respect  to  its 
own  procedure,  and,  with  respect  to  the  procedure  of  the 
chairman,  in  respect  to  the  care,  custody,  management,  con- 
trol, sale  or  lease  of  any  real  estate,  as  it  may  deem  advisable 
in  the  public  interest.  Such  regulations  shall  not  enlarge 
the  powers  given  to  the  board  or  the  chairman  under  this  act, 
nor  shall  the  validity  of  any  sale  or  lease  be  affected  by  such 
regulation. 

Section  7.  The  city  treasurer  of  the  city  shall,  in  the  name 
and  on  behalf  of  the  city,  execute  and  deliver  any  instrument 
necessary  to  convey  any  interest  of  the  city  under  any  pro- 
vision of  this  act. 

Section  8.  This  act  shall  apply  to  the  city  of  Boston  not- 
withstanding any  provision  of  law,  ordinance  or  by-law  in- 
consistent herewith;  provided,  that,  until  the  qualification 
of  the  appointive  members  of  the  board  initially  appointed 
under  this  act,  chapter  three  hundred  and  fifty-eight  of  the 
acts  of  nineteen  hundred  and  thirty-eight,  as  amended,  shall 
continue  to  apply  to  the  city.         Approved  June  4,  1943. 

ChapAS5  An  Act  validating  certain  acts  and  proceedings  of 
the  town  of  oxford  and  of  its  officers. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  by-laws  of  the  town  of  Oxford  adopted  or 
amended  at  any  town  meeting  of  said  town  held  on  or  before 
February  seventh,  nineteen  hundred  and  thirty-eight,  shall 
have  the  same  force  and  validity  as  if  the  laws  relative  to  the 
publishing  thereof  had  been  fully  complied  with  by  said 
town. 

Section  2.  The  acts  and  proceedings  of  said  town,  at  the 
several  annual  town  meetings  and  elections  held  since  Jan- 
uary first,  nineteen  hundred  and  thirty-four,  and  at  any  ad- 
journment of  any  such  meeting  or  election,  and  all  acts  and 
proceedings  of  said  town  and  of  its  officers  done  in  pursuance 
thereof,  are  hereby  confirmed  and  made  valid  to  the  same 
extent  as  if  said  meetings  and  elections  had  been  called,  held 
and  conducted  in  strict  compliance  with  law. 

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

Approved  June  4,  1943. 


Acts,  1943.  —  Chaps.  436,  437.  539 


An  Act  permitting  the  department  of  public  health  ChapASQ 
TO  establish  and  maintain  cancer  clinics. 

Whereas,  The  deferred  operation  of  this  act  would  delay  Emergency 
the  accomplishment  of  one  of  its  principal  purposes  which  p'^'^"'^''' 
is  to  remove  doubt  immediately  as  to  the  validity^  of  certain 
payments  claimed  to  have  been  made  without  authority  of 
law,  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  eleven  of  the  Gen-  g  ,l.  (Xer^  ^^ 
eral  Laws  is  hereby  amended  by  inserting  after  section  fifty-  i'sza,  added'"^ 
seven,  as  appearing  in  the  Tercentenary  Edition,  the  fol- 
lowing section:  —  Section  57 A.     The  department,  with  or  Establishment 
without  the  cooperation  of  local  boards  of  health,  hospitals,  nancTT  *; 
dispensaries  or  other  agencies,  shall  establish  and  maintain  '=''"''*''■  ''''"'*'^- 
cancer  clinics  in  such  parts  of  the  commonwealth  as  it  may 
deem  most  advantageous  to  the  public  health,  and  may 
otherwise  provide  services  and  treatment  for  cancer,  subject 
to  such  rules  and  regulations  as  the  department  may  from 
time  to  time  establish.     For  the  purposes  of  this  section, 
"providing  treatment"  shall  include  providing  transporta- 
tion, or  the  reasonable  cost  of  such  transportation,  to  and 
from  the  place  where  treatment  is  given  whenever  the  patient 
is  not  able  to  pay  for  such  transportation. 

Section  2.     All   pajmients   heretofore   made   by   or   on  validation 
behalf  of  the  commonwealth  for  cancer  clinics  under  au-  payments. 
thority  of  section  two  of  chapter  three  hundred  and  ninety- 
one  of  the  acts  of  nineteen  hundred  and  twenty-six  are 
hereby  validated  to  the  same  extent  as  if  the  provisions  of 
section  one  had  been  in  effect  at  the  time  of  such  payments. 

Approved  June  4,  1943. 


An  Act  relative  to  the  jurisdiction  of  the  superior  (7/iap.437 

COURT  OF  certain  MOTOR  VEHICLE  TORT  CASES,  SO  CALLED, 

commenced  in  said  court. 

Whereas,  In  view  of  the  fact  that  chapter  two  hundred  and  pr'^ambfe^^ 
ninety-six  of  the  acts  of  the  current  year,  repealing  the  Field- 
ing act,  so  called,  does  not  become  operative  until  Septem- 
ber first  in  the  current  year  and  that  the  deferred  operation 
of  this  act  would  in  part  tend  to  defeat  its  purpose,  which 
is  in  part  to  make  immediately  possible  the  rectification  of 
certain  mistakes  of  law  or  fact  resulting  in  erroneously  bring- 
ing in  the  superior  court  certain  motor  vehicle  tort  cases,  so 
called,  therefore  this  act  is  hereby  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
public  convenience. 


540  Acts,  1943.  —  Chaps.  438,  439. 

Be  it  enacted,  etc.,  as  follows: 

Nothing  in  section  nineteen  of  chapter  two  hundred  and 
eighteen  of  the  General  Laws  shall  prevent  the  superior  court 
from  having  jurisdiction  of  any  action  of  tort  arising  out  of 
the  operation  of  a  motor  vehicle  which  has  been  or  prior  to 
September  first  of  the  current  year  shall  be  commenced  in 
such  court.  Approved  June  5,  1943. 


Chap. ASS  An  Act  subjecting  certain  employees  of  the  depart- 
ment OF  public  works  to  the  civil  service  laws. 

Emergency  Whcrcas,  The  civil  service  status  of  the  persons  referred 

to  in  this  act  should  be  established  without  delay  in  order 
that  said  persons  may  continue  to  serve  in  their  respective 
positions  without  the  existence  of  any  doubt  as  to  their 
status,  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: 

Any  person  who,  on  July  first,  nineteen  hundred  and 
forty-one,  was  in  the  employ  of  the  state  department  of  pub- 
lic works  and  was  in  the  labor  service  of  said  department, 
and  who,  at  all  times  between  said  July  first  and  the  effective 
date  of  this  act  was,  and  on  said  effective  date  is,  in  the  employ 
of  said  department  and  holding  a  position  classified  within 
the  official  service  under  the  civil  service  laws,  shall  be  deemed 
to  be  permanently  appointed  to  said  position  without  serv- 
ing any  probationary  period,  and  his  tenure  of  office  shall  be 
unlimited  subject,  however,  to  the  civil  service  laws,  rules 
and  regulations;  provided,  that  he  passes  a  qualifying  exami- 
nation to  which  he  shall  be  subjected  by  the  division  of  civil 
service.  Approved  June  5,  194S. 


Chav.AS9  An  Act  temporarily  authorizing  fishing  within  a  por- 
tion   OF   THE    COASTAL    WATERS    OF   THE    COMMONWEALTH 
1         ADJACENT  TO   THE  TOWN   OF   PROVINCETOWN. 

Eniergency  Whcreas,   In  view  of  the  shortage  of  certain  types  of  food 

preani  e.  .^  ^^^  prescut  emergency,  due  to  the  existing  state  of  war,  it 
is  necessary  that  certain  provisions  of  law  restricting  fishing 
be  temporarily  suspended,  and  the  deferred  operation  of  this 
act  would  tend  in  part  to  defeat  its  purpose,  which  is  to  make 
immediate^  effective  the  suspension  of  such  laws,  therefore 
this  act  is  hereby  declared  to  be  an  emergency  law,  necessary 
for  the  immediate  preservation  of  the  public  health  and  con- 
venience. 

Be  it  enacted,  etc.,  as  follows: 

Any  provision  of  general  or  special  law  to  the  contrary 
notwithstanding,  during  the  existing  state  of  war  between 
the  United  States  and  any  foreign  country  it  shall  be  lawful 


Acts,  1943.  —  Chap.  440.  541 

for  any  inhabitant  of  the  commonwealth  to  take  fish  by 
dragging  or  by  otter  trawhng  in  such  waters  adjacent  to 
Provincetown  as  he  within  the  area  bounded  by  an  imaginary 
line  starting  at  Long  Point  light  running  due  east  to  longitude 
seventy  degrees,  ten  minutes,  west;  thence  in  a  southerly 
direction  along  said  line  of  longitude  to  where  it  first  inter- 
sects the  offshore  territorial  limits  of  the  commonwealth; 
thence  in  a  northwesterly  direction  along  the  line  of  the  off- 
shore territorial  limits  of  the  commonwealth  to  the  inter- 
section of  an  imaginary  line  running  due  west  from  Race 
Point  light;  thence  along  said  imaginary  line  to  Race  Point 
light;  thence  along  the  shore  line  to  said  Long  Point  light; 
provided,  that  it  shall  not  be  lawful  to  fish  within  one  half 
mile  from  mean  low  water  mark. 

Approved  June  5,  1943. 

An  Act  defining  the  authority  of  the  commission  on  C/iap. 440 

ADMINISTRATION  AND  FINANCE  RELATIVE  TO  THE  FURNISH- 
ING OF  QUARTERS  WITHIN  AND  WITHOUT  THE  STATE  HOUSE 
FOR  USE  BY  STATE  AGENCIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  ten  of  chapter  eight  of  the  General  Ej^g^rjo 
Laws,  as  amended  by  section  four  of  chapter  two  hundred  etc!, 'amended, 
and  forty-nine  of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  is  hereby  further  amended  by  inserting  after  the  word 
"council"  in  the  second  line  the  words:  —  and  with  the  ap- 
proval of  the  commission  on  administration  and  finance,  — 
so  as  to  read  as  follows:  —  Section  10.  He  shall,  under  the  Assignment 
^peryision  of  the  governor  and  coj,;nciT''an(nvitli  the  ap-  sf/t°""m.sp,  etr. 
proyal  of~tlie  commission  on  administration  and  finance, 
assigp  thp  room^  in  thp  stafp  hnnsR  and. rooms^  else  where  used 
by  the_,cominonwealth,  and  may  determine  the  occupancy 
t^!ereof  in  such  manner  as  the  public  service  may  require; 
provided,fThat  the  executive  and  administrative  departments 
of  the  commonwealth  shall  be  provided  with  suitable  quarters 
which  shall,  so  far  as  is  expedient,  be  in  the  state  house;  and 
provided  further,  that  this  section  shall  not  apply  to  rooms 
assigned  to  or  used  by  either  branch  of  the  general  court  or 
any  committees  or  officers  thereof,  except  with  the  written 
consent  of  the  presiding  officer  of  the  branch  using  such 
rooms,  or  to  rooms  assigned  to  or  used  by  joint  committees 
of  the  general  court,  except  with  the  written  consent  of  the 
presiding  officers  of  both  branches  of  the  general  court,  nor 
shall  it  appl}^  to  the  rooms  used  b}^  the  Grand  Army  of  the 
Republic  of  the  department  of  Massachusetts  under  section 
seventeen,  except  with  the  consent  of  the  commander  thereof. 
He  shall  during  the  sessions  of  the  general  court,  upon  ap- 
plication of  the  sergeant-at-arms,  assign  such  rooms  as  may 
be  required  for  the  use  of  committees  and  other  purposes. 

Section  2.    Section  ten  A  of  said  chapter  eight,  as  most  g.  l.  (Ter. 
recently  amended  by  chapter  two  hundred  and  sixty-seven  ftc'.! 'amended.' 
of  the  acts  of  nineteen  hundred  and  forty-one,  is  hereby 


542  Acts,  1943.  —  Chap.  441. 

further  amended  by  inserting  after  the  word  "council"  in 
the  fourth  line  the  words :  —  and  of  the  commission  on  ad- 
ministration and  finance, — so  as  to  read  as  follows:  — 
prTmi"ls°^  Section  10 A.  The  commonwealth,  acting  through  the  exe- 
outside  of  cutive  Or  administrative  head  of  a  state  department,  com- 
buiidings!^  mission  or  board  and  with  the  approval  of  the  superintendent 
and  of  the  governor  and  council  and  of  the  commission  on 
administration  and  finance,  may  lease  for  the  use  of  such 
department,  commission  or  board,  for  a  term  not  exceeding 
five  years,  premises  outside  of  the  state  house  or  other  build- 
ing owned  by  the  commonwealth,  if  provision  for  rent  of  such 
premises  for  so  much  of  the  term  of  the  lease  as  falls  within 
the  then  current  biennium,  as  defined  in  section  one  of  chap- 
ter twenty-nine,  has  been  made  by  appropriation.  If  the 
term  of  a  lease  under  which  premises  are  being  used  for  the 
purposes  of  a  particular  activity  by  any  such  department, 
commission  or  board  expires  between  the  beginning  of  a 
biennium,  as  so  defined,  and  the  effective  date  of  the  general 
appropriation  act  for  such  biennium  and  no  appropriation 
for  rent  for  said  premises  has  been  made  and  if  the  general 
court  has  not  provided  otherwise,  the  commonwealth,  acting 
through  the  executive  or  administrative  head  of  such  depart- 
ment, commission  or  board,  and  with  like  approval,  may 
hire  or  lease  for  such  purposes  the  same  or  different  premises, 
for  a  term  not  exceeding  five  years,  obligating  the  common- 
wealth to  pay  no  greater  aggregate  amount  of  rent  for  any 
period  than  was  paid  for  a  corresponding  period  under  the 
expiring  lease.  Approved  June  5,  1943. 


ChapAAl  An  Act  relative  to  the  publication  of  rules  and  regu- 
lations ADOPTED  BY  THE  DEPARTMENT  OF  LABOR  AND  IN- 
DUSTRIES AND  THE  TAKING  EFFECT  THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

EdV  ilr'§  8        Section  eight  of  chapter  one  hundred  and  forty-nine  of  the 
ameAded.'     '    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 :  —  Such 
rules  or  regulations,  when  approved  by  the  associate  com- 
missioners and  the  assistant  commissioner,  shall,  subject 
to  section  thirty-seven  of  chapter  thirty,  take  effect  thirty 
days  after  such  approval  or  at  such  later  time  as  the  associ- 
ate commissioners  and  the  assistant  commissioner  may  fix,  — 
Hearing  on        SO  as  to  read  as  follows :  —  Section  8.     Before  adopting  any 
proposed  rules,  ^^^q  or  regulation  under  section  six,  a  public  hearing  shall  be 
rnd  efTe^ctive      given,  and  not  less  than  ten  days  before  the  hearing  a  notice 
date  of.  thereof  shall  be  published  in  at  least  three  newspapers,  of 

which  one  shall  be  published  in  Boston.  Such  rules  or  regu- 
lations, when  approved  by  the  associate  commissioners  and 
the  assistant  commissioner,  shall,  subject  to  section  thirty- 
seven  of  chapter  thirty,  take  effect  thirty  days  after  such 
approval  or  at  such  later  time  as  the  associate  commission- 


Acts,  1943.  —  Chaps.  442,  443.  543 

ers  and  the  assistant  commissioner  may  J5x.  Before  adopting 
any  order  a  hearing  shall  be  given  thereon,  of  which  a  notice 
of  not  less  than  ten  days  shall  be  given  to  the  persons  affected 
thereby.  Approved  June  5,  191^3. 

An  Act  relative  to  furnishing  state  aid  in  the  years  Chap. 4:42 

NINETEEN  HUNDRED  AND  FORTY-FOUR  AND  NINETEEN 
HUNDRED  AND  FORTY-FIVE  TO  CERTAIN  SMALL  TOWNS 
FOR  THE  REPAIR  AND  IMPROVEMENT  OF  PUBLIC  WAYS 
THEREIN. 

Be  it  enacted,  etc.,  as  follows: 

In  each  of  the  years  nineteen  hundred  and  forty-four  and 
nineteen  hundred  and  forty-five,  any  town  eligible  for  state 
aid  under  section  twenty-six  of  chapter  eighty-one  of  the 
General  Laws  upon  contributing  or  making  available  a 
proportionate  part,  not  exceeding  five-sixths,  of  the  amount 
fixed  for  such  town  under  said  section,  shall  be  entitled  to 
receive  the  same  proportionate  part  of  the  maximum  amount 
of  state  aid  authorized  for  such  town  under  said  section. 

Approved  June  6,  1943. 

An  Act  making  certain  persons  eligible  for  admis-  Chav. 44S 
sioN  to  and  treatment  at  the   soldiers'   home   in 

MASSACHUSETTS. 

Be  it  enacted,  etc.,  as  follows: 

Persons  who  were  in  the  service  of  the  United  States  in  Eligibility  for 
any  branch  of  the  military  or  naval  forces  thereof,  who  en-  soidier8°'Home. 
listed  to  the  credit  of  this  commonwealth,  who  were  engaged 
in  any  campaign  or  expedition  that  has  been  recognized  by 
the  Congress  of  the  United  States,  or  in  the  Cuban  Pacifi- 
cation campaign  between  October  sixth,  nineteen  hundred 
and  six  and  April  first,  nineteen  hundred  and  nine,  the  Nica- 
raguan  campaign  between  August  twenty-eighth,  nineteen 
hundred  and  twelve  and  October  thirtieth,  nineteen  hundred 
and  twenty-nine,  the  Vera  Cruz  expedition  between  April 
twenty-first,  nineteen  hundred  and  fourteen  and  Novem- 
ber twenty-sixth,  nineteen  hundred  and  fourteen,  the  Do- 
minican campaigns  between  May  fifth,  nineteen  hundred 
and  sixteen  and  September  seventeenth,  nineteen  hundred 
and  twenty-four,  the  Haiti  campaign  between  July  ninth, 
nineteen  hundred  and  fifteen  and  October  thirtieth,  nine- 
teen hundred  and  twenty-nine,  or  the  China  expeditionary 
service  between  October  thirtieth,  nineteen  hundred  and 
twenty-nine  and  June  thirtieth,  nineteen  hundred  and  thirty, 
and  who  received  an  honorable  discharge  from  such  service, 
shall  be  eligible  for  admission  to  and  treatment  at  the  Sol- 
diers' Home  in  Massachusetts  to  the  same  extent  as  vet- 
erans of  the  world  war  and  of  the  Mexican  border  mobil- 
ization of  the  year  nineteen  hundred  and  sixteen. 

Approved  June  5,  1943. 


544 


Acts,  1943.  —  Chap.  444. 


G.  L.  (Ter. 
Ed.),  229.  §  1. 
amended. 


Damages  for 
death  from  a 
defective  way, 
who  may 
recover. 


Chap. 44:4:  An  Act  altering  the  disposition  of  proceeds  of  re- 
covery  IN   CERTAIN  ACTIONS  FOR   DEATH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  Chapter  two  hundred  and  twenty-nine  of 
the  General  Laws  is  hereby  amended  by  striking  out  sec- 
tion one,  as  appearing  in  the  Tercentenary  Edition,  and  in- 
serting in  place  thereof  the  following :  —  Section  1 .  If  the 
life  of  a  person  is  lost  by  reason  of  a  defect  or  a  want  of  re- 
pair of  or  a  want  of  a  sufficient  railing  in  or  upon  a  way, 
causeway  or  bridge,  the  county,  city,  town  or  person  by 
law  obliged  to  repair  the  same  shall,  if  it  or  he  had  previous 
reasonable  notice  of  the  defect  or  want  of  repair  or  want  of 
railing,  be  liable  in  damages  not  exceeding  one  thousand  dol- 
lars, to  be  assessed  with  reference  to  the  degree  of  culpa- 
bility of  the  defendant  and  recovered  in  an  action  of  tort 
commenced  within  one  year  after  the  injury  causing  the 
death  by  the  executor  or  administrator  of  the  deceased  per- 
son, to  the  use  of  the  following  persons  and  in  the  following 
shares :  — 

(1)  If  the  deceased  shall  have  been  survived  by  a  wife  or 
husband  and  no  children  or  issue  surviving,  then  to  the  use 
of  such  surviving  spouse. 

(2)  If  the  deceased  shall  have  been  survived  by  a  wife  or 
husband  and  by  one  child  or  by  the  issue  of  one  deceased 
child,  then  one  half  to  the  use  of  such  surviving  spouse  and 
one  half  to  the  use  of  such  child  or  his  issue  by  right  of 
representation. 

.  (3)  If  the  deceased  shall  have  been  survived  by  a  wife  or 
husband  and  by  more  than  one  child  surviving  either  in 
person  or  by  issue,  then  one  third  to  the  use  of  such  surviv- 
ing spouse  and  two  thirds  to  the  use  of  such  surviving  chil- 
dren or  their  issue  by  right  of  representation. 

(4)  If  there  is  no  surviving  wife  or  husband,  then  to  the 
use  of  the  next  of  kin. 

Section  2.  Said  chapter  two  hundred  and  twenty-nine 
is  hereby  further  amended  by  inserting  after  section  six  the 
two  following  sections :  —  Section  6 A .  All  sums  recovered 
under  section  one,  two,  three,  four,  five  or  five  A  shall,  if 
and  to  the  extent  that  the  assets  of  the  estate  of  the  de- 
ceased shall  be  insufficient  to  satisfy  the  same,  be  subject 
to  the  charges  of  administration  and  funeral  expenses  of 
said  estate,  to  all  medical  and  hospital  expenses  necessi- 
tated by  the  injury  which  caused  the  death,  and  to  reason- 
able attorneys'  fees  incurred  in  such  recovery. 

Section  6B.  In  the  event  that  any  sum  recovered  under 
section  one,  two,  three,  five,  five  A  or  six  comes  into  the 
hands  of  the  executor  or  administrator  of  the  deceased  after 
the  expiration  of  one  year  from  the  time  of  his  giving  bond, 
such  sum  shall  be  treated  as  new  assets  of  the  estate  of  the 
deceased  within  the  meaning  of  section  eleven  of  chapter 
one  hundred  and  ninety-seven.       Approved  June  6,  1943. 


G.  L.  (Ter. 
Ed.),  229,  new 
§§  6A  and 
6B,  added. 

Sums  recov- 
ered subject  to 
certain  charges. 


Sums  recov- 
ered, treated 
as  new  assets, 
when. 


Acts,  1943.  —  Chaps.  445,  446,  447.  545 


An  Act  defining  the  powers  and  duties  of  the  milk  C/iap.445 

CONTROL  BOARD  IN  CASE  OF  A  FAILURE  TO  PAY  THE  OF- 
FICIAL MINIMUM  PRICE  FOR  THE  SALE  OR  DELIVERY  OF 
MILK. 

Be  it  enacted,  etc.,  as  folloios: 

Chapter  ninety-four  A  of  the  General  Laws,  inserted  by  g.  l.  (Ter. 
section  two  of  chapter  six  hundred  and  ninety-one  of  the  ft2A?idd"d.'^ 
acts  of  nineteen  hundred  and  forty-one,  is  hereby  amended 
by  inserting  after  section  twelve  the  following  section:  — 
Section  12 A.    If  any  producer  is  paid  by  a  milk  dealer  less  Failure  to  pay 
than  the  minimum  price  for  the  sale  or  delivery  of  milk,  as  n!!lm''pricr 
fixed  by  official  order  or  orders  of  the  board,  such  producer  fo^  miik. 
may  recover  in  a  civil  action  against  such  milk  dealer  the  Procedure,  etc. 
full  amount  that  would  have  been  due  him  for  such  milk  at 
the  minimum  price  as  so  fixed,  less  the  amount  actually  paid 
him  for  said  milk,  together  with  costs  and  such  reasonable 
attorney's  fees  as  may  be  allowed  by  the  court,  and  any 
agreement  between  such  producer  and  such  milk  dealer  to 
sell  or  deliver  milk  for  less  than  such  minimum  price  shall 
be  no  defence  to  such  action.    At  the  written  request  of  any 
such  producer  paid  less  than  the  minimum  price  for  such 
sale  or  delivery  of  milk  to  which  such  producer  is  entitled 
under  the  provisions  of  the  official  order  or  orders  of  the 
board,  the  director  may  take  an  assignment  of  such  claim 
in  trust  for  the  assigning  producer  and  may  bring  an  action 
to  collect  such  claim,  and  such  milk  dealer  shall  be  required 
to  pay  the  costs  and  such  reasonable  attorney's  fees  as  may 
be  allowed  by  the  court.    The  director  shall  not  be  required 
to  pay  any  entry  fee  in  connection  with  any  such  court 
action.  Approved  June  5,  194S. 

An  Act  providing  for  the  sanding  of  malibu  beach,  ChapAAQ 

so  called,  in  the  DORCHESTER  DISTRICT  OF  THE  CITY 
OF    BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

The  metropolitan  district  commission  is  hereby  authorized 
and  directed  to  sand  Malibu  beach,  so  called,  in  the  Dor- 
chester district  of  the  city  of  Boston.  For  said  purposes 
said  commission  may  expend  such  sum  as  may  hereafter  be 
appropriated  therefor.  Approved  June  5,  19 48. 

An  Act  providing  for  an  assistant  director  in  the  ChapA4i7 

DIVISION  OF  livestock  DISEASE  CONTROL  OF  THE  DE- 
PARTMENT   OF   AGRICULTURE. 

Be  it  enacted,  etc.,  as  follows: 

Section  four  of  chapter  twenty  of  the  General  Laws,  as  g.  l.  (Ter. 
most  recently  amended  by  section  fifteen  of  chapter  five  hun-  ^tt!'am4idtd. 
dred  and  ninety-six  of  the  acts  of  nineteen  hundred  and 
forty-one,  is  hereby  further  amended  by  inserting  after  the 


546 


Acts,  1943.  —  Chap.  448. 


Organization 
of  department 
of  agriculture. 


Director  of 
divisions,  etc. 


word  "council"  in  the  eleventh  Hne  the  following:  —  There 
shall  be  in  said  division  of  livestock  disease  control  an  as- 
sistant director  who  shall  be  a  veterinarian  and  who  shall 
be  appointed  and  may  be  removed  by  said  director,  with 
the  approval  of  the  governor  and  council.  Said  assistant 
director  shall  perform  such  duties  as  said  director  may  pre- 
scribe,—  so  as  to  read  as  follows:  —  Section  4-  The  com- 
missioner shall  organize  the  department  in  divisions,  includ- 
ing a  division  of  dairying  and  animal  husbandry,  a  division 
of  plant  pest  control  and  fairs,  a  division  of  markets,  a  divi- 
sion of  livestock  disease  control,  and  such  other  divisions 
as  he  may  from  time  to  time  determine,  and  shall  assign  to 
said  divisions  their  functions.  The  work  of  each  division 
shall  be  in  charge  of  a  director.  Tlie  director  of  the  division 
of  livestock  disease  control  shall  be  known  as  the  director 
of  livestock  disease  control,  and  shall  be  appointed  and  may 
be  removed  by  the  governor,  with  the  advice  and  consent  of 
the  council.  There  shall  be  in  said  division  of  livestock  dis- 
ease control  an  assistant  director  who  shall  be  a  veterinarian 
and  who  shall  be  appointed  and  may  be  removed  by  said 
director,  with  the  approval  of  the  governor  and  council. 
Said  assistant  director  shall  perform  such  duties  as  said  di- 
rector may  prescribe.  The  commissioner  shall  appoint  and 
may  remove  a  director  for  each  of  the  other  divisions.  The 
commissioner  may  also  appoint,  except  as  to  the  division  of 
livestock  disease  control,  such  other  assistants  as  the  work 
of  the  department  may  require  and  may  assign  them  to 
divisions,  transfer  and  remoA^e  them. 

Approved  June  5,  1943. 


ChapAAS  An  Act  authorizing  the  town  of  winthrop  to  estab- 
lish A  BOARD  OF  PUBLIC  WORKS  EXERCISING  THE  POWERS 
OF  CERTAIN  OTHER  BOARDS,  DEPARTMENTS  AND  TOWN 
OFFICERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  estabhshed  in  the  town  of 
Winthrop  a  board  of  public  works,  hereinafter  called  the 
board,  to  consist  of  three  members.  Upon  the  acceptance 
of  this  act  the  members  of  the  board  of  water  commissioners 
then  in  office  shall  forthwith  be  termed,  constituted  and  serve 
as  a  board  of  public  works  and  shall  continue  to  so  serve  dur- 
ing their  respective  terms  of  office.  Said  commissioners  shall 
have  all  the  powers,  duties  and  authority  granted  to  a  board 
of  public  works  by  this  act,  and  any  appropriations  voted 
for  street  construction,  general  highways  including  tar, 
asphalt  and  oil,  sidewalks  maintenance  and  construction, 
driveways  and  removal  of  snow  and  ice,  and  for  sewer  main- 
tenance and  construction,  parks  and  playgrounds,  or  bal- 
ances of  such  appropriations  remaining  unexpended,  may  be 
expended  under  the  direction  of  said  commissioners,  while 
acting  as  a  board  of  public  works.    When  the  term  of  any 


Acts,  1943.  —  Chap.  448.  547 

member  expires  his  successor  shall  be  elected  to  serve  for 
three  years  as  a  member  of  the  board  of  public  works.  In  all 
cases  the  members  shall  serve  until  their  successors  are 
qualified.  The  members  of  the  board  shall,  forthwith  after 
each  annual  town  election,  elect  one  of  their  members  to  act 
as  chairman  for  the  ensuing  year.  In  case  of  a  vacancy,  the 
remaining  members  of  the  board,  if  they  constitute  a  quorum, 
may  fill  such  vacancy  until  the  next  annual  town  election, 
when  a  new  member  shall  be  elected  to  fill  the  unexpired 
term.  No  person  shall  serve  on  the  board  who  holds  another 
elective  or  appointive  office  in  the  town,  except  town  meeting 
member. 

Section  2.  Upon  the  qualification  of  the  initial  members 
of  the  board,  the  board  shall  have  all  the  powers,  rights  and 
duties  now  or  from  time  to  time  vested  by  general  or  special 
law  in  the  following  boards,  departments  and  officers  in 
said  town,  to  wit :  water  commissioners,  park  commissioners, 
highway  department  including  the  superintendent  of  streets, 
sidewalks  and  driveways,  and  superintendent  of  sewers,  and 
such  boards,  departments  and  offices  shall  thereupon  be 
abolished  during  such  time  as  this  act  is  in  effect  as  to  them, 
respectively.  No  contracts  or  Habilities  in  force  on  the  date 
when  this  act  becomes  fully  effective  shall  be  affected  by  such 
abolition,  but  the  board  shall  in  all  respects  be  the  lawful 
successor  of  the  boards,  departments  and  offices  so  aboHshed. 

Section  3.  The  board  may  appoint  and  fix  the  compensa- 
tion of  a  superintendent  of  public  works,  who  shall  exercise 
and  perform,  under  its  supervision  and  direction,  such  pow- 
ers, rights  and  duties,  and  shall  hold  office  subject  to  the  will 
of  the  board.  He  shall  be  specially  fitted  by  education,  train- 
ing and  experience  to  perform  the  duties  of  said  office,  and 
may  or  may  not  be  a  resident  of  the  town.  During  his  tenure 
he  shall  hold  no  elective  or  other  appointive  office,  nor  shall 
he  be  engaged  in  any  other  business  or  occupation.  He  shall 
give  to  the  town  a  bond  with  a  surety  company  authorized  to 
transact  business  in  the  commonwealth  as  surety,  for  the 
faithful  performance  of  his  duties,  in  such  sum  and  upon  such 
conditions  as  the  board  may  require,  and  shall,  subject  to  the 
approval  of  the  board,  appoint  such  assistants,  agents  and 
employees  as  the  exercise  and  performance  of  his  powers, 
rights  and  duties  may  require.  He  shall  keep  full  and  com- 
plete records  of  the  doings  of  his  office  and  render  to  the  board 
as  often  as  it  may  require  a  full  report  of  all  operations  under 
his  control  during  the  period  reported  upon;  and  annually, 
and  from  time  to  time  as  required  by  the  board,  he  shall  make 
a  synopsis  of  such  reports  for  publication.  He  shall  keep  the 
board  fully  advised  as  to  the  needs  of  the  town  within  the 
scope  of  his  duties,  and  shall  annually  furnish  to  the  board, 
not  less  than  ten  days  prior  to  the  expiration  of  the  fiscal  year 
of  said  town,  a  carefully  prepared  and  detailed  estimate  in 
writing  of  the  appropriations  required  during  the  next  suc- 
ceeding fiscal  year  for  the  proper  exercise  and  performance  of 
all  said  powers,  rights  and  duties.    The  board  by  a  majority 


548  Acts,  1943.  —  Chap.  448. 

vote  may  at  any  time  remove  the  superintendent  for  cause, 
after  a  hearing  or  an  opportunity  therefor ;  provided,  that  a 
written  statement  setting  forth  specific  reasons  for  such  re- 
moval is  filed  with  the  town  clerk  and  a  copy  thereof  delivered 
to  or  sent  by  registered  mail  to  said  superintendent  at  least 
five  days  before  the  date  of  said  proposed  hearing.  The 
action  of  the  board  shall  be  final. 

Section  4,  The  income  of  the  water  works  shall  be  ap- 
propriated to  defray  all  operating  expenses,  interest  charges 
and  payments  on  the  principal  as  they  accrue  upon  any  bonds 
or  notes  issued  for  the  purpose  of  extending,  increasing  or  im- 
proving the  water  system.  The  metropolitan  water  assess- 
ments shall  be  paid  from  water  revenue.  If  in  any  year  there 
should  be  a  net  surplus  remaining  after  providing  for  the 
aforesaid  charges  for  that  year,  such  surplus,  or  so  much 
thereof  as  may  be  necessary  to  reimburse  the  town  for  moneys 
theretofore  paid  on  account  of  its  water  department,  shall  be 
paid  into  the  town  treasury.  If  in  any  year  there  should  be  a 
net  surplus  remaining  after  providing  for  the  aforesaid  charges 
and  assessments  and  for  the  payment  of  any  such  reimburse- 
ment, such  surplus  may  be  accumulated,  and  may  be  ex- 
pended, after  an  appropriation  has  been  duly  voted  for  such 
new  construction,  as  the  board  may  determine  upon;  and  in 
case  a  net  surplus  should  remain  after  payment  for  such  new 
construction  the  water  rates  shall  be  reduced  proportionately. 

Section  5.  The  town  may  rescind  all  or  any  part  of  the 
action  taken  by  it  in  pursuance  of  this  act  by  a  majority  vote 
of  the  legal  voters  of  said  town  at  any  annual  or  special  town 
meeting  held  after  three  years  following  the  annual  town 
election  at  which  this  act  becomes  fully  effective  and  at  least 
thirty  days  before  the  annual  town  election  next  to  be  held 
after  such  meeting,  and  thereupon  said  town  shall,  at  said 
next  annual  town  election,  nominate  and  elect  such  officers 
as  are  necessary  to  exercise  and  perform  such  of  the  powers, 
rights  and  duties  transferred  to  the  board  under  section  two 
as  are  affected  by  such  later  vote. 

Section  6.  This  act  shall  be  submitted  for  acceptance  to 
the  legal  voters  of  said  town  at  the  annual  town  election  in 
the  year  nineteen  hundred  and  forty-four,  in  the  form  of  the 
following  question  which  shall  be  placed  on  the  official  ballot 
to  be  used  for  the  election  of  town  officers  at  said  election: 
"Shall  an  act  passed  b}^  the  General  Court  in  the  year  nine- 
teen hundred  and  forty-three,  entitled  'An  Act  authorizing 
the  Town  of  Winthrop  to  establish  a  Board  of  Public  Works 
exercising  the  powers  of  certain  other  Boards,  Departments 
and  Town  Officers',  be  accepted?  "  If  a  majority  of  the  votes 
cast  in  answer  to  such  question  is  in  the  affirmative,  this  act 
shall  become  fully  effective  forthwith ;  otherwise  it  shall  be  of 
no  effect.  Approved  June  5,  1943. 


Acts,  1943.  —  Chaps.  449,  450.  549 


An   Act  authorizing   the   city   of   soaierville   to   pay  QJiq^)  449 
certain  unpaid  bills  of  the  year  nineteen  hundred 
and  thirty-seven. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Somerville  is  hereby  authorized 
to  appropriate  money  for  the  payment  of,  and  after  such 
appropriation  the  treasurer  of  said  city  is  hereby  authorized 
to  pay,  certain  unpaid  bills  against  the  city  for  board  of 
patients  at  the  Middlesex  County  Tuberculosis  Hospital 
during  the  calendar  year  nineteen  hundred  and  thirty-seven 
in  the  amount  of  two  thousand,  four  hundred  and  eighty- 
five  dollars  and  fifty  cents,  as  set  forth  in  a  list  on  file  in 
the  office  of  the  director  of  accounts  in  the  department  of 
corporations  and  taxation;  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  b}^  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  services  for  which  bills  have 
been  submitted  were  ordered  by  an  official  or  an  employee 
of  said  city,  and  unless  and  until  certificates  have  been  signed 
and  filed  under  the  penalties  of  perjury  by  the  superintend- 
ent of  the  hospital  that  the  services  were  rendered  and  pay- 
ment not  yet  received. 

Section  3.  Any  person  who  knowingly  files  a  certifi- 
cate required  by  section  -two  which  is  false  and  who  thereby 
receives  payment  for  services  which  were  not  rendered  to 
said  city  shall  be  punished  by  imprisonment  for  not  more 
than  one  year  or  by  a  fine  of  not  more  than  three  hundred 
dollars,  or  both. 

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

Approved  June  7,  1943. 


An  Act  authorizing  the  town  of  sudbury  to  receive 

AND  administer  THE  PROPERTY  OF  THE  CORPORATION 
CALLED  MOUNT  WADSWORTH  CEMETERY  IN  SAID  TOWN, 
AND  VALIDATING  CERTAIN  ACTIONS  OF  THE  TOWN  AND  OF 
THE    CORPORATION   IN    CONNECTION    THEREWITH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Mount  Wadsworth  Cemetery,  a  corporation 
duly  incorporated  under  the  Public  Statutes  and  situated 
in  the  town  of  Sudbury,  hereinafter  called  the  corporation, 
is  hereby  empowered  and  authorized  to  convey  and  transfer 
to  said  town,  and  said  town  is  hereby  authorized  and  em- 
powered to  receive,  and  thereafter  to  hold  and  maintain, 
but  for  cemetery  purposes  only,  and  subject  to  all  rights 
heretofore  existing  in  any  burial  lots,  the  real  and  personal 


ChapA50 


550  Acts,  1943.  —  Chap.  450. 

property  of  the  corporation  not  subject  to  any  trust,  and 
thereupon,  and  upon  the  transfer  of  the  trust  funds  as  here- 
inafter provided,  the  corporation  shall  be  dissolved;  and  the 
cemetery  of  the  corporation  shall  be  and  become  a  public 
burial  place,  ground  or  cemetery. 

Section  2.  In  so  far  as  authorized  by  a  decree  of  a  court 
of  competent  jurisdiction  and  in  compliance  with  the  terms 
and  conditions  of  such  decree,  said  town  may  receive  from 
the  corporation  a  conveyance  and  transfer  of,  and  admin- 
ister, all  funds  or  other  property  held  by  the  corporation  in 
trust  for  the  perpetual  care  of  the  lots  in  its  cemetery  and 
for  other  purposes,  and  also  any  property  devised  or  be- 
queathed 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  ceme- 
tery, may,  after  such  conveyance,  be  paid  by  such  bank  or 
institution  to  the  treasurer  of  said  town;  and  upon  such 
payment  said  treasurer  shall  use  the  same  for  the  purposes 
of  said  trusts. 

Section  3.  All  real  and  personal  property  and  property 
rights,  acquired  by  said  town  from  the  corporation  under 
authority  of  this  act  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  its  cemetery  or  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  cor- 
poration shall  be  delivered  to  the  clerk  of  said  town  and 
such  clerk  may  certify  copies  thereof. 

Section  4.  The  action  of  the  inhabitants  of  the  town  of 
Sudbury,  at  its  annual  town  meeting  in  the  year  nineteen 
hundred  and  forty-one,  in  voting  to  accept  a  transfer  of  real 
and  personal  property  of  said  cemetery,  and  all  acts  of  the 
corporation  purporting  to  assign,  set  over,  grant  or  convey 
to  said  town  the  real  or  personal  property,  or  both,  of  the 
corporation,  together  with  any  or  all  rights  of  the  corpora- 
tion thereto,  in  law  or  in  equity,  are  hereby  ratified  and 
confirmed,  and  shall  have  the  same  effect  and  validity  as  if 
section  one  had  been  in  effect  prior  to  said  vote. 

Section  5.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  of  the  registered  voters  of  the  town 
of  Sudbury  voting  thereon  at  a  regular  or  special  town 
meeting  of  said  town  not  later  than  the  regular  town  meet- 
ing in  the  year  nineteen  hundred  and  forty-four,  but  not 
otherwise.  Approved  June  7,  1943. 


Acts,  1943.  —  Chap.  451.  551 


An  Act  establishing  a  roard   of  recreation   in   the  Chap. 451 

CITY    OF    BOSTON,    AND    SETTING    FORTH    ITS    POWERS    AND 
DUTIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  board  of  recreation,  hereinafter  referred  to 
as  the  board,  is  hereby  established  in  the  city  of  Boston. 
The  board  shall  consist  of  seven  members.  The  chairman 
of  the  board  of  park  commissioners  of  said  city  shall  be,  ex 
officio,  a  member  of  the  board.  Two  members  shall  be  ap- 
pointed by  the  school  committee  of  said  city  and  each  mem- 
ber so  appointed  shall  serve  for  a  term  expiring  on  December 
thirty-first  of  each  even-numbered  year.  Four  suitable  per- 
sons shall  be  appointed  by  the  mayor  of  said  city  in  accord- 
ance with  chapter  four  hundred  and  eightj^-six  of  the  acts  of 
nineteen  hundred  and  nine,  as  amended.  Of  the  members 
initially  appointed  hereunder  by  the  mayor,  one  shall  serve 
for  a  term  of  one  year,  one  for  a  term  of  two  years,  one  for  a 
term  of  three  years  and  one  for  a  term  of  four  3^ears.  Upon 
the  expiration  of  the  term  of  office  of  a  member  appointed 
by  the  ma3^or,  his  successor  shall  be  appointed  by  the  mayor 
for  a  term  of  four  years.  Vacancies  in  the  membership  of 
the  board  shall  be  filled  in  the  manner  of  original  appoint- 
ments. 

Section  2.  The  members  of  the  board  shall  serve  with- 
out compensation,  and  shall  annually  elect  a  chairman  from 
their  own  number  to  serve  for  one  year  or  until  his  succes- 
sor is  elected.  The  board  shall  have  power  to  adopt  rules  of 
procedure  and  prescribe  regulations  for  the  conduct  of  all 
business  by  employees  within  its  jurisdiction.  A  majority 
of  the  membership  of  the  board  shall  constitute  a  quorum. 

Section  3.  The  board  shall  appoint  a  superintendent  of 
recreation  who  shall  devote  his  whole  time  to  such  duties  as 
are  imposed  upon  him  by  this  act.  The  board  may  also  ap- 
point such  assistants  and  other  emplo.yees  as  it  may  deem 
necessary  to  accomplish  the  purposes  of  this  act  and  as  may 
be  consistent  with  its  appropriation.  Said  superintendent 
and  all  employees  of  the  board  shall  be  subject  to  chapter 
thirty-one  of  the  General  Laws  and  the  rules  and  regulations 
made  thereunder,  except  that  the  play  instructors  and  super- 
visors may  be  appointed  from  the  list  of  persons  eligible  to 
be  appointed  as  school  teachers  for  said  city.  Appropria- 
tions for  the  board  shall  be  made  therefor  in  the  manner 
prescribed  by  law  for  city  departments  of  said  city. 

Section  3A.  The  incumbent  on  the  effective  date  of  this 
act  of  the  office  of  director  of  recreation  of  the  park  depart- 
ment of  said  city  may  be  transferred  to  the  office  of  super- 
intendent of  recreation  established  by  section  three. 

Section  4.  The  board  shall  study  the  recreation  needs 
of  said  city  and  shall  formulate  plans  for  adequately  dis- 
tributed, co-ordinated  and  diversified  recreational  services. 
Such  plans,  with  recommendations  of  the  board,  shall  be 


552  Acts,  1943. —  Chap.  451. 

submitted  to  departments  of  said  city  empowered  by  law 
to  provide  recreational  services.  The  board  shall  encourage 
the  establishment  of  voluntary  committees  to  advise  and  co- 
operate with  the  board  with  respect  to  the  operation  and 
supervision  of  neighborhood  play  areas.  The  board  may 
submit  recommendations  to  any  licensing  authority  or  au- 
thorities. 

Section  5.  The  board  may,  from  time  to  time,  consult 
with  the  park  department,  school  committee,  police  depart- 
ment, public  buildings  department,  board  of  street  commis- 
sioners and  traffic  commission  of  said  city,  and  any  other 
department  thereof  empowered  under  any  general  or  special 
law  or  any  ordinance  to  provide  recreational  services  or  hav- 
ing jurisdiction  over  premises  and  facifities  which  might  be 
used  for  recreation,  in  relation  to  the  recreational  services  or 
premises  and  facilities  provided  by  said  departments  and  in 
relation  to  plans  for  recreational  services  formulated  by  the 
board. 

Section  6.  The  park  department,  school  committee,  po- 
lice department,  public  buildings  department,  board  of  street 
commissioners  and  traffic  commission  of  said  city,  and  any 
other  department  thereof  empowered  under  any  general  or 
special  law  or  any  ordinance  to  provide  recreational  services 
or  having  jurisdiction  over  premises  and  facilities  which 
might  be  used  for  recreation,  may,  from  time  to  time,  dele- 
gate to  the  board,  with  the  consent  of  the  board,  and  under 
such  terms,  including  provisions  for  the  transfer  of  personnel, 
as  may  be  agreed  upon,  the  management  of  any  such  recrea- 
tional services  or  make  available  to  the  board  premises  and 
facilities  under  their  control. 

Section  7.  The  board  may  provide  and  may  conduct 
recreational  activities  and  supervise  recreational  premises 
and  facilities  delegated  or  made  available  to  it  by  other  de- 
partments of  said  city  under  section  six.  The  board  may 
co-operate  with  and  promote  by  advice,  suggestion  and  other- 
wise, such  voluntary  or  amateur  organizations  for  recreation, 
entertainment  or  mutual  improvement  as  shall  meet  its 
approval.  The  board  may  acquire  and  utilize  recreational 
supplies  and  equipment  and  other  supplies  and  equipment 
necessary  for  the  conduct  of  its  work. 

Section  8.  The  board  shall  annually  make  a  report  of 
its  activities  during  the  preceding  year  to  the  mayor  with 
such  recommendations  for  the  development  of  playgrounds 
and  recreational  facilities,  including  additions  thereto,  as  it 
may  deem  advisable. 

Section  9.  This  act  shall  take  full  effect  on  January  first 
of  the  year  next  succeeding  its  acceptance  by  vote  of  the  city 
council  of  said  city,  subject  to  the  provisions  of  its  charter. 

Approved  June  7,  19 43. 


Acts,  1943.  —  Chaps.  452,  453.  553 


An  Act  authorizing  certain  cities  and  towns  to  in-  (Jfmj)  452 

CREASE  THE  RETIREMENT  ALLOWANCES  OF  CERTAIN  FOR- 
MER EMPLOYEES  THEREOF  WHO  WERE  RETIRED  ON  ACCOUNT 
OF   ACCIDENTAL   DISABILITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  thirty-two  of  the  General  Laws  is  g.  l.  (Ter. 
hereby    amended    by    inserting    after    section    ninety,    as  f  goXf idSld. 
amended,  the  following  section :  —  Section  90 A .     Any  city  increase  of 
or  town  which  accepts  the  provisions  of  this  section  in  the  aUowX^sin 
manner  hereinafter  provided  may,  in  the  case  of  a  city  by  two  certain  cases. 
thirds  vote  of  the  city  council  and  with  the  approval  of  the 
mayor,  or,  in  the  case  of  a  town,  by  two  thirds  vote  at  the 
annual  town  meeting,  increase  the  retirement  allowance  of 
any  former  employee  thereof  who  has  been  retired  under  any 
provision  of  this  chapter  or  similar  provision  of  earlier  law 
on  account  of  injuries  sustained  or  of  hazard  undergone  in 
the  performance  of  his  duty,  to  an  amount  not  exceeding  one 
half  the  rate  of  regular  compensation  payable  to  employees 
of  such  city  or  town  holding  similar  positions,  at  the  time  of 
increasing  such  allowance,  in  the  same  grade  or  classification 
occupied  by  such  former  employee  at  the  time  of  his  retire- 
ment. 

Section  2.     This  act  may  be  accepted  by  a  town  by  two  Acceptance 
thirds  vote  at  its  annual  town  meeting,  or  by  a  city  by  two  °^  '"^*- 
thirds  vote  of  the  city  council  with  the  approval  of  the  mayor. 

Approved  June  7,  1943. 


An  Act  to  make  certain  correctional  changes  in  the  (jhav  453 

LAWS   relating   TO    ELECTIONS.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  fourteen  of  chapter  thirty-nine  of  the  g.  l.  (Ter. 
General  Laws,  as  appearing  in  the  Tercentenary  Edition,  is  ameAckd.^  ^*' 
hereby  amended  by  striking  out  the  first  paragraph  and  in- 
serting in  place  thereof  the  following  paragraph :  — At  every  Election  of 
town  meeting  when  moderators  are  not  elected  for  the  term  moderator. 
of  one  or  three  years,  a  moderator  shall  first  be  elected.    The 
election  of  a  moderator  at  a  meeting  for  the  choice  of  town 
ofiicers  shall  be  by  ballot,  and  the  voting  Hst  shall  be  used 
thereat. 

Section  2.    Said  section  fourteen  of  said  chapter  thirty-  g.  l.  (Xer. 
nine,  as  so  appearing,  is  hereby  further  amended  by  strik-  amende^d.^  ^^' 
ing  out,  in  the  seventh  line,  the  word  "inhabitants"  and 
inserting  in  place  thereof  the  words :  —  registered  voters,  — 
so  that  the  second  paragraph  will  read  as  follows :  — 

Any  town  or  fire,  water,  light  or  improvement  district  which  Eieoti^on  of 
has  so  voted  or  hereafter  so  votes  may  at  any  annual  elec-  by°brnor 
tion  of  town  or  district  ofiicers  elect  from  the  registered  voters 
thereof  by  ballot  a  moderator  to  preside  at  all  town  or  dis- 
trict meetings.    His  term  of  ofiice  shall  begin  as  soon  as  he 


554 


Acts,  1943.  —  Chap.  453. 


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


Officers  to 
be  elected. 


G.  L.  (Ter. 
Ed.),  43A,  S  6, 
etc.,  amended. 


Nomination 
of  candidates 
for  town 
meeting 
members. 


G.  L.  (Ter. 
Ed.),  43A,  §  8, 
amended. 


is  qualified,  and  shall  continue  until  the  next  annual  town  or 
district  meeting  and  until  his  successor  is  qualified.  Any 
town  or  district  which  has  elected  a  moderator  for  the  term 
of  one  year  shall  thereafter  elect  a  moderator  at  every  an- 
nual election  of  town  or  district  officers,  unless  the  town  or 
district  votes  to  discontinue  the  electing  of  moderators  for 
said  term. 

Section  3.  Section  one  of  chapter  forty-one  of  the  Gen- 
eral Laws,  as  most  recently  amended  by  chapter  one  hundred 
and  twenty-nine  of  the  acts  of  nineteen  hundred  and  thirty- 
nine,  is  hereby  further  amended  by  striking  out  the  first  para- 
graph, as  appearing  in  the  Tercentenary  Edition,  and  insert- 
ing in  place  thereof  the  following  paragraph :  —  Every  town 
at  its  annual  meeting  shall  in  every  year  when  the  term  of 
ofl&ce  of  any  incumbent  expires,  and  except  when  other  pro- 
vision is  made  by  law,  choose  by  ballot  from  its  registered 
voters  the  following  town  officers  for  the  following  terms  of 
office: 

Section  4.  Chapter  forty-three  A  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  six,  as  amended  by 
section  one  of  chapter  one  of  the  acts  of  the  current  year, 
and  inserting  in  place  thereof  the  following  section :  —  Sec- 
tion 6.  Nomination  of  candidates  for  town  meeting  members 
to  be  elected  under  this  chapter  shall  be  made  by  nomination 
papers,  which  shall  show  clearly  whether  he  has  been  a  former 
town  meeting  member,  and,  if  an  elected  incumbent  of  such 
office,  that  he  is  a  candidate  for  re-election  and  shall  bear  no 
other  political  designation.  Such  papers  shall  be  signed  by 
not  less  than  ten  voters  of  the  precinct  in  which  the  candi- 
date resides,  shall  be  filed  with  the  town  clerk  at  least  ten 
days  before  the  election  or,  in  towns  which  have  accepted 
section  one  hundred  and  three  A  of  chapter  fifty-four,  within 
the  time  provided  by  section  ten  of  chapter  fifty-three.  They 
shall  be  submitted  to  the  registrars  of  voters  and  shall  be 
certified  in  the  manner  provided  in  section  seven  of  said 
chapter  fifty-three;  provided,  that  any  town  meeting  mem- 
ber, including  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  govern- 
ment 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 
nomination  papers  shall  be  valid  in  respect  to  any  candi- 
date whose  written  acceptance  is  not  thereon  or  attached 
thereto  when  filed. 

Section  5.  Section  eight  of  said  chapter  forty-three  A, 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  striking  out  the  first  sentence  and  inserting  in  place  thereof 
the  following  sentence: —  A  moderator  shall  be  elected  by 


Acts,  1943. —  Chap.  453.  555 

ballot  at  the  annual  town  meeting  when  his  term  of  office  Moderator; 
expires,  for  the  term  of  one  or  three  years,  and  shall  serve  ™ro^fempore. 
as  moderator  of  all  town  meetings,  except  as  otherwise  pro- 
vided by  law,  until  a  successor  is  elected  and  qualified. 

Section  6.     Section  one  of  chapter  fifty  of  the  General  Ed^iol  i 
Laws,  as  amended,  is  hereby  further  amended  by  striking  etc!, 'amended. 
out  the  paragraph  included  in  the  nineteenth  to  the  twenty- 
first  lines,  inclusive,  as  appearing  in  the  Tercentenary  Edi- 
tion,  and  inserting  in  place  thereof  the  following  para- 
graph :  — 

"City  election"  shall  apply  to  any  election  held  in  a  city  "Cityeiec- 
at  which  a  city  officer  is  to  be  chosen  by  the  voters,  whether  ^^°^"  '^''fi"®'^- 
for  a  full  term  or  for  the  filling  of  a  vacancy,  or  at  which  any 
question  to  be  voted  upon  at  a  city  election  is  to  be  submitted 
to  the  voters. 

Section  7.     Said  section  one  of  said  chapter  fifty,   as  g.  l.  (Ter. 
amended,  is  hereby  further  amended  by  striking  out  the  ^tc! 'amended 
paragraph  included  in  the  ninety-first  and  ninety-second 
lines,  as  so  appearing,  and  inserting  in  place  thereof  the 
f oUowmg  paragraph :  — 

''State  officer"  shall  apply  to,  and  mclude,  any  person  to  "state  officer" 
be  nominated  at  a  state  primary  or  chosen  at  a  state  elec-  '^'^^^p^'- 
tion  and  shall  mclude  United  States  senator  and  representa- 
tive in  Congress. 

Section  8.     Said  section  one  of  said  chapter  fifty,  as  so  g  l.  (Xer. 
amended,  is  hereby  further  amended  by  inserting  after  the  etc^, 'amended. 
paragraph  included  in  the  ninety-third  line,  as  so  appearing, 
the  following  paragraph :  — 

"Town  officer"  shall  apply  to  and  include  town  meeting  "Town  officer' 

1  1  i    ^  a  defined. 

members. 

Section  9.    Section  eight  of  said  chapter  fifty,  as  appear-  g.  l.  (Ter. 
ing  in  the  Tercentenary  Edition,   is  hereby  amended  by  amended.     ' 
striking  out,  in  the  second  line,  the  word  "assessment",  and 
inserting  in  place  thereof  the  words :  —  listing  of  persons 
twenty  years  of  age  and  over  and  to  the,  —  so  as  to  read 
as  follows :  —  Section  8.     In  any  criminal  prosecution  for  Presumption 
the  violation  of  any  law  relating  to  the  listing  of  persons  Registration? 
twenty  years  of  age  and  over  and  to  the  qualification  or  fn*^crimi'nar " 
registration  of  voters,  to  voting  lists  or  ballots  or  matters  cases. 
pertaining  thereto,  or  to  primaries,  caucuses  or  elections  or 
matters  pertaining  thereto,  the  presumption  shall  be  that 
every  proceeding  or  official  act  was  valid,  regular  and  for- 
mal;   but  evidence  may  be  introduced  either  to  rebut  or 
support  the  presumption.     As  to  an  alleged  election  or  pri- 
mary, the  testimonj^  of  the  city  or  town  clerk,  and  as  to  an 
alleged  caucus,  the  testimony  of  the  presiding  officer,  secre- 
tary or  clerk  thereof,  that  such  election,  primary  or  caucus 
was  held,  shall  be  prima  facie  evidence  that  the  same  was 
regularly  and  duly  held. 

Section  10.    Section  one  of  chapter  fifty-one  of  the  Gen-  g  l.  (Ter. 
eral  Laws,  as  most  recently  amended  by  chapter  two  hun-  etcl/amendld. 
dred  and  six  of  the  acts  of  nineteen  hundred  and  thirty-two, 
is  hereby  further  amended  by  striking  out,  in  the  fifteenth 


556 


Acts,  1943.  —  Chap.  453. 


Qualifications 
of  voters. 


G.  L.  (Ter. 
Ed.).  51.  §  3, 
etc.,  amended. 


Place  of 
registration 
and  voting. 


and  sixteenth  lines,  the  words  ",  or  who  had  the  right  to 
vote  on  May  first,  eighteen  hundred  and  fifty-seven", — 
so  that  the  first  paragraph  will  read  as  follows :  —  Every 
citizen  twenty-one  years  of  age  or  older,  not  being  a  pauper 
or  person  under  guardianship  and  not  being  temporarily  or 
permanently  disqualified  by  law  because  of  corrupt  prac- 
tices in  respect  to  elections,  who  can  read  the  constitution 
of  the  commonwealth  in  English  and  write  his  name,  and 
who  has  resided  in  the  commonwealth  one  year  and  in  the 
city  or  town  where  he  claims  a  right  to  vote  six  months  last 
preceding  a  state,  city  or  town  election,  and  who  has  com- 
plied with  the  requirements  of  this  chapter,  may  have  his 
name  entered  on  the  list  of  voters  in  such  city  or  town,  and 
may  vote  therein  in  any  such  election  or,  except  in  so  far  as 
restricted  in  any  town  in  which  a  representative  town  meet- 
ing form  of  government  has  been  established,  in  any  meeting 
held  for  the  transaction  of  town  affairs.  No  other  person 
shall  have  his  name  entered  upon  the  list  of  voters  or  have 
the  right  to  vote;  except  that  no  person  who  is  prevented 
from  reading  or  writing  as  aforesaid  by  a  physical  disability, 
shall,  if  otherwise  qualified,  be  deprived  of  the  right  to  vote 
by  reason  of  not  being  able  so  to  read  or  write;  and  no  per- 
son who,  having  served  in  the  army  or  navy  of  the  United 
States  in  time  of  war,  has  been  honorably  discharged  from 
such  service,  if  otherwise  qualified  to  vote,  shall  be  disquali- 
fied therefrom  on  account  of  receiving  or  having  received  aid 
from  any  city  or  town,  or  because  he  is  exempted  by  section 
five  of  chapter  fifty-nine  from  the  assessment  of  a  poll  tax; 
and  no  person  otherwise  qualified  to  vote  for  national  or 
state  officers  shall,  by  reason  of  a  change  of  residence  within 
the  commonwealth,  be  disqualified  from  voting  for  such 
officers  in  the  city  or  town  from  which  he  has  removed  his 
residence  until  the  expiration  of  six  months  from  such  re- 
moval. A  married  woman  dwelling  or  having  her  home  sepa- 
rate and  apart  from  her  husband  shall  for  the  purpose  of 
voting  and  registration  therefor  be  deemed  to  reside  at  the 
place  where  she  dwells  or  has  her  home. 

Section  11.  Said  chapter  fifty-one  is  hereby  further 
amended  by  striking  out  section  three,  as  most  recently 
amended  by  section  four  of  chapter  two  hundred  and  fifty- 
four  of  the  acts  of  nineteen  hundred  and  thirty-three,  and 
inserting  in  place  thereof  the  following  section :  —  Section  3. 
For  all  elections  and  primaries  held  prior  to  June  first  in  any 
year,  a  person  shall  be  registered  and  may  vote  in  the  ward 
or  voting  precinct  where  he  resided  on  January  first  of  the 
preceding  year  or,  if  he  became  a  resident  of  the  city  or  town 
after  January  first,  in  the  ward  or  voting  precinct  where  he 
first  became  a  legal  resident.  For  all  elections  and  primaries 
held  on  or  after  June  first  a  person  shall  be  registered  and 
may  vote  in  the  ward  or  voting  precinct  where  he  resided 
on  January  first  preceding  the  election,  or,  if  he  became  an 
inhabitant  of  such  city  or  town  after  January  first,  in  the 


Acts,  1943.  — Chap.  453.  557 

ward  or  voting  precinct  in  which  he  first  became  a  resident 
thereafter. 

Section  12.     Said    chapter   fifty-one   is   hereby   further  g.  l.  (Xer. 
amended  by  striking  out  the  heading  before  section  four  and  heading'  "^"^ 
inserting  in  place  thereof  the  following  heading:  —  listing  before  §  4. 

OF  PERSONS  TWENTY  YEARS  OF  AGE  OR  OVER. 

Section  13.     Section  four  of  said  chapter  fifty-one,  as  g.  l.  (Xer. 
most  recently  amended  by  section  two  of  chapter  four  hun-  etc., 'amended. 
dred  and  forty  of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  is  hereby  further  amended  by  striking  out,  in  the 
eighth  line,  the  word  "male",  —  by  striking  out  all  after  the 
word  "towns"  in  the  tenth  line  down  to  and  including  the 
word  "towns"  in  the  thirteenth  line,  —  and  by  striking  out 
the  last  paragraph,  —  so  as  to  read  as  follows:  —  Section  4-  Registrars  to 
Except  as  otherwise  provided  by  law,  the  registrars,  assist-  personftwenty 
ant  registrars,  or  one  or  more  of  them,  shall  annually  in  ^r^Ji^er  *^^ 
January  or  February,  visit  every  building  in  their  respective 
cities  and  towns,  and,  after  diligent  inquiry,  shall  make  true 
lists  containing,  as  nearly  as  they  can  ascertain,  the  name, 
age,  occupation,  nationality  if  not  a  citizen  of  the  United 
States,  and  residence  on  January  first  in  the  preceding  year 
and  in  the  current  year,  of  every  person  twenty  years  of  age 
or  older,  residing  in  their  respective  cities  and  towns. 

Any  inmate  of  the  soldiers'  home  in  Chelsea  shall  have  the 
same  right  as  any  other  resident  of  that  city  to  be  assessed 
and  to  vote  therein. 

Section  14.     Section   ten  of  said  chapter  fifty-one,   as  g.  l.  (Xer. 
amended  by  section  eight  of  said  chapter  four  hundred  and  ftl! 'repealed!' 
forty,  is  hereby  repealed. 

Section  15.     Section  thirteen  of  said  chapter  fifty-one,  as  g.  l.  (Ter. 
appearing  in  the  Tercentenary  Edition,  is  hereby  repealed,  j^pe^ied.  ^  ^^' 

Section  16.     Section  fourteen  B  of  said  chapter  fifty-one,  g.  l.  (Xer. 
as  amended  by  section  twelve  of  chapter  four  hundred  and  ^tt! 'amended^' 
forty  of  the  acts  of  nmeteen  hundred  and  thirty-eight,  is 
hereby  further  amended  by  striking  out,  in  the  third  and 
fourth  lines,  the  words  "and  of  determining  their  liability 
to  be  assessed  a  poll  tax",  —  so  as  to  read  as  follows:  —  Sec-  inconsistent 
Hon  I4B.     In  cities  and  towns  in  which  the  duty  of  listing  PpeSilawf 
residents  for  the  purposes  of  determining  their  right  to  vote  superseded. 
is  performed  by  officers  other  than  registrars  or  assistant 
registrars,  the  provisions  of  this  chapter  relative  to  registrars 
and  assistant  registrars  shall  apply  to  such  officers  when 
performing  like  duties  in  such  cities  and  towns,  except  as 
otherwise  expressly  provided  in  any  special  law  or  in  this 
section.    Where  in  any  special  law  April  first  is  stated  as  the 
date  as  of  which  the  legal  residence  of  any  person  shall  be 
determined,  such  residence  shall  be  determined  as  of  Janu- 
ary first  instead  of  April  first,  and  if  any  provision  of  this 
chapter  contains  a  date  for  the  performance  of  an  official  act 
by  a  board  of  registrars,  registrar  or  assistant  registrar,  and 
by  special  law  a  different  date  is  fixed  for  the  performance  of 
such  act  in  any  city  or  town  by  the  same  or  any  other  board 


558 


Acts,  1943.  —  Chap.  453. 


G.  L.  (Ter. 
Ed.),  51,  §  20, 
amended. 


Temporary 
vacancies. 


G.  L.  (Ter. 
Ed.),  51,  §  22, 
etc.,  amended. 


Assistant 
registrars  in 
cities,  appoint- 
ment, etc. 


G.  L.  (Ter. 
Ed.),  51.  §  23, 
amended. 


Registrars, 
oath  of  office, 
etc. 


or  officer,  the  earlier  of  such  dates  shall  in  such  city  or  town 
prevail  over  the  later  date. 

Section  17.  Said  chapter  fifty-one  is  hereby  further 
amended  by  striking  out  section  twenty,  as  appearing  in  the 
Tercentenary  Edition,  and  inserting  in  place  thereof  the  fol- 
lowing section :  —  Section  20.  If  there  is  a  vacancy  in  the 
board  of  registrars  caused  by  death,  resignation  or  retirement 
or  if  a  member  of  the  board  of  registrars  is  unable  to  perform 
the  duties  of  his  office,  or  is,  at  the  time  of  any  meeting  of 
said  board,  absent  from  the  city  or  town,  the  mayor  or  select- 
men may,  upon  the  request  in  writing  of  a  majority  of  the 
remaining  members  of  the  board,  appoint  in  writing  some 
person  to  fill  such  vacancy  temporarily,  who  is  of  the  same 
political  party  as  the  member  whose  position  he  is  appointed 
to  fill.  Such  temporary  registrar  shall  perform  the  duties  and 
be  subject  to  the  requirements  and  penalties  provided  by  law 
for  a  registrar  of  voters. 

Section  18.  Said  chapter  fifty-one  is  hereby  further 
amended  by  striking  out  section  twenty-two,  as  amended 
by  chapter  two  hundred  and  eighty  of  the  acts  of  nineteen 
hundred  and  thirty-eight,  and  inserting  in  place  thereof  the 
following  section :  —  Section  22.  The  registrars  in  cities  and 
towns  may  appoint  assistant  registrars  for  the  term  of  one 
year,  beginning  with  April  first,  unless  sooner  removed  by 
the  registrars,  and  they  shall,  as  nearly  as  may  be,  equally 
represent  the  different  political  parties.  Assistant  registrars 
shall  be  subject  to  the  same  obligations  and  penalties  as 
registrars.  Registrars  may  remove  an  assistant  registrar, 
and  may  fill  a  vacancy  for  the  remainder  of  the  term.  Regis- 
trars may  also  appoint  temporary  assistant  registrars  from 
time  to  time  to  assist  in  the  listing  of  persons  twenty  years 
of  age  or  over.  Except  in  Boston,  persons .  appointed  to 
serve  temporarily  as  assistant  registrars,  or  as  temporary 
assistant  registrars,  shall  not  be  subject  to  chapter  thirty-one. 

Section  19.  Section  twenty-three  of  said  chapter  fifty- 
one,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 
amended  by  inserting  after  the  word  "names"  in  the  fifth 
fine  the  words :  —  listed  or,  —  so  as  to  read  as  follows :  — 
Section  23.  The  registrars  and  assistant  registrars  shall,  be- 
fore entering  upon  their  official  duties,  each  take  and  sub- 
scribe an  oath  faithfully  to  perform  the  same.  They  shall 
receive  such  compensation  for  their  services  as  the  city  coun- 
cil or  selectmen  may  determine;  but  such  compensation 
shall  not  be  regulated  by  the  number  of  names  listed  or  regis- 
tered by  them,  and  a  reduction  of  compensation  shall  apply 
only  to  registrars  and  assistant  registrars  appointed  there- 
after. The  city  council  or  selectmen  shall  provide  them  suit- 
able rooms,  and  necessary  assistance.  The  city  or  town  clerk, 
when  a  member  of  the  board  of  registrars,  shall  act  as  clerk 
thereof,  shall  keep  a  full  and  accurate  record  of  its  proceed- 
ings and  shall  cause  such  notices  as  the  registrars  may  re- 
quire to  be  properly  given. 


Acts,  1943.  —  Chap.  453.  559 

Section  20.  Section  twenty-six  of  said  chapter  fifty-one,  g.  l.  (Xer. 
as  most  recently  amended  by  section  two  of  chapter  four  ftc'.!'a^4nded'. 
hundred  and  seventy-three  of  the  acts  of  nineteen  hundred 
and  thirty-eight,  is  hereby  further  amended  by  striking  out, 
in  the  twelfth  line,  the  words  "the  city  election"  and  insert- 
ing in  place  thereof  the  words :  —  a  city  election,  or  a  city 
primary  or  preliminary  election,  —  so  as  to  read  as  follows :  — 
Section  26.  The  registrars,  for  the  purpose  of  registering  Sessions  of 
voters  in  the  manner  hereinafter  provided,  shall  hold  such  ''^s'^*'"^'"^- 
day  and  such  evening  sessions  as  the  town  by  by-law  or  the 
city  by  ordinance  shall  prescribe,  and  such  other  sessions  as 
they  deem  necessary;  but,  except  as  provided  in  sections 
thirty-four  and  fifty,  there  shall  be  no  registration  of  voters 
between  ten  o'clock  in  the  evening  on  the  twentieth  day  pre- 
ceding, and  the  day  following,  the  biennial  state  primary,  the 
presidential  primary  and  the  biennial  state  election,  nor  in 
any  city  between  ten  o'clock  in  the  evening  on  the  twentieth 
day  preceding  and  the  day  following  a  city  election,  or  a  city 
primary  or  preliminary  election,  nor  in  any  town  between 
ten  o'clock  in  the  evening  on  the  Wednesday  next  but  one 
preceding  and  the  day  following  the  annual  town  meeting. 
The  time  and  place  of  registration  shall  be  the  same  for  male 
and  female  applicants. 

Section   21.     Said   chapter  fifty-one   is  hereby  further  g.  l.  (Xer. 
amended  by  striking  out  section  twenty-seven,  as  most  re-  etc^.'amended'. 
cently  amended  by  section  one  of  chapter  one  hundred  and 
nine  of  the  acts  of  the  current  year,  and  inserting  in  place 
thereof  the  following  section:  —  Section  27.    They  shall  hold  Se?«ion.s  before 

'='  111  pniiianes. 

at  least  one  session  at  some  suitable  place  in  every  city  or 
town  on  or  before  the  last  day  for  registration  preceding  the 
biennial  state' primary,  the  presidential  primary  and  any  city 
primary,  and  on  or  before  the  Wednesday  next  but  one  pre- 
ceding a  town  primary,  except  a  primary  preceding  a  special 
town  election.  The  provisions  of  this  section  applicable  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. 

Section  22.    Section  twenty-nine  B  of  said  chapter  fifty-  G-  L-  (Ter. 
one,  inserted  by  chapter  one  hundred  and  seventy-nine  of  the  et'c!, 'amended. ' 
acts  of  nineteen  hundred  and  thirty-eight,  is  hereby  amended 
by  adding  at  the  end  the  words :  — ,  unless  the  city  council 
votes  otherwise,  —  so  as  to  read  as  follows:  —  Section  29B.  regfJuars^L 
In  cities  the  registrars  shall,  within  forty  days  before  the  cities. 
biennial  state  election,  but  on  or  before  the  last  day  fixed  for 
registration,  hold  one  or  more  sessions  in  one  or  more  suit- 
able places  in  each  ward  of  the  cit}^,  unless  the  city  council 
votes  otherwise. 

Section  23.    Section  thirty  of  said  chapter  fifty-one,  as  g.  l.  (Ter. 
appearing  in  the  Tercentenary  Edition,  is  hereby  amended  fmendJd.^  ^°' 
by  adding  after  the  word  "precinct"  in  the  fifth  fine  the 
words:  —  ,  unless  the  selectmen  or  town  votes  otherwise,  — 


560 


Acts,  1943. —  Chap.  453. 


Sessions 
in  towns. 


G.  L.  (Ter. 
Ed.),  51,  §  36, 
etc.,  amended. 


General 
register. 


G.  L.  (Ter. 
Ed.),  51,  §  37, 
etc.,  amended. 

Annual  regis- 
ter, entries, 
arrangement. 


SO  that  the  first  sentence  will  read  as  follows:  —  In  towns  di- 
vided into  voting  precincts  the  registrars  shall,  within  forty 
days  before  the  biennial  state  election,  and  also  within  twenty 
days  before  the  annual  town  meeting,  but  in  each  case  on  or 
before  the  last  day  fixed  for  registration,  hold  one  or  more 
sessions  in  each  voting  precinct,  unless  the  selectmen  or  town 
votes  otherwise. 

Section  24.  Section  thirty-six  of  said  chapter  fifty-one, 
as  most  recently  amended  by  section  twelve  of  chapter  two 
hundred  and  fifty-four  of  the  acts  of  nineteen  hundred  and 
thirty-three,  is  hereby  further  amended  by  adding  at  the 
end  the  following  paragraph :  — - 

There  shall  be  added  in  the  above  column  designated 
"Remarks"  such  information  pertaining  to  the  status  of  a 
married  woman  and  of  a  person  claiming  derivative  citizen- 
ship as  the  registrars  deem  of  value. 

Section  25.  Said  chapter  fifty-one  is  hereby  further 
amended  by  striking  out  section  thirty-seven,  as  amended, 
and  inserting  in  place  thereof  the  following  section :  —  Sec- 
tion 37.  The  registrars,  after  April  first,  shall  prepare  an 
annual  register  containing  the  names  of  all  qualified  voters 
in  their  city  or  town  for  the  current  year,  beginning  with 
January  first.  Such  names  shall  be  arranged  in  alphabetical 
order,  and,  opposite  to  the  name  of  each  voter,  shall  be 
placed  his  residence  on  January  first  preceding  or  on  any 
subsequent  day  when  he  became  an  inhabitant  of  the  city 
or  town.  The  registrars  shall  enter  in  the  annual  register 
every  name  contained  in  the  lists  prepared  by  them  under 
section  four,  which  they  can  identify  as  that  of  a  person 
whose  name  was  borne  on  the  voting  list  of  the  city  or  town 
at  the  last  preceding  election  or  town  meeting,  giving  the 
residence  of  each  such  person  on  January  first,  which,  in 
the  case  of  a  person  assessed  a  poll  tax,  shall  be  the  place  at 
which  he  was  so  assessed.  They  shall  make  all  inquiries  and 
investigations  necessary  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  pub- 
lic 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. 
They  shall  forthwith  enter  in  the  annual  register  the  name 
of  every  person  whose  qualifications  as  a  voter  have  been 
determined  by  them  in  the  current  year  and  whose  name  has 
accordingly  been  entered  in  the  general  register.  They  shall, 
on  or  before  the  first  Monday  of  June  in  each  year,  send 
notice  in  writing  to  each  voter  of  the  preceding  year  whose 
name  has  not  been  entered  in  the  annual  register  of  the  cur- 
rent year  that  the  name  of  such  voter  has  not  been  so  en- 
tered, such  notice  to  be  sent  by  first  class  mail  enclosed  in 
an  envelope  bearing  the  proper  address  to  which  the  same 
may  be  returned  in  case  of  non-delivery,  and  the  registrars 
shall  prepare  a  list  of  the  names  of  voters  not  so  entered, 


Acts,  1943.  — Chap.  453.  561 

which  shall  be  open  to  public  inspection  in  their  principal 
office,  or  shall  be  posted  by  copy  in  the  places  where  copies 
of  voting  hsts  are  required  to  be  posted  under  section  fifty- 
seven  of  chapter  fifty-one. 

Section  26.  Said  chapter  fifty-one  is  hereby  further  g.  l.  (Xer. 
amended  by  striking  out  section  thirty-eight,  as  appearmg  fmeAcfed.^  ^*' 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following  section :  —  Section  38.  The  registrars  shall,  ^^^^''''j°"jf "f 
upon  the  personal  application  of  a  listed  person  for  the  cor-  regLnerT" " 
rection  of  any  error  in  their  original  lists,  and  whenever  in- 
formed of  any  such  error,  make  due  investigation,  and,  upon 
proof  thereof,  correct  the  same  on  their  books.  When  in- 
formed of  the  omission  of  the  name  of  a  person  who  is  averred 
to  have  resided  in  the  city  or  town  on  January  first  in  the  then 
current  year  and  to  have  been  listed  there  in  the  preceding 
year,  they  shall  make  due  investigation,  and,  upon  proof 
thereof,  add  the  name  to  their  books.  They  shall  revise  and 
correct  the  general  register  and  the  current  annual  register 
in  accordance  with  any  facts  they  may  have  presented  to 
them.  They  shall  strike  therefrom  the  name  of  every  de- 
ceased person  which  has  been  transmitted  to  them  under 
section  fourteen;  but  after  the  name  of  a  voter  has  been 
placed  upon  the  current  annual  register,  they  shall  not  change 
the  place  of  residence  as  given  thereon,  nor,  unless  the  voter 
has  died  or  unless  they  have  received  notice  under  section 
nine  from  the  registrars  of  another  city  or  town  that  the  voter 
has  been  listed  therein,  strike  such  name  therefrom,  until 
they  have  sent  him  a  notice  of  their  intention  so  to  do,  nam- 
ing a  certain  date  when  he  may  be  heard. 

Section  27.     Said   chapter   fifty-one   is   hereby   further  g.  l.  (Xer. 
amended  by  striking  out  section  forty-one,  as  so  appearing,  amencfed.^  ^^' 
and  inserting  in  place  thereof  the  following :  —  Section  4i  •  Documents  to 
The  registrars  shall  preserve  all  written  applications,  com-  ^^  preserved. 
plaints,  certificates  and  affidavits  received  by  them,  and  all 
other  documents  in  their  custody  relative  to  listing  and  regis- 
tration, for  two  years  after  the  dates  thereof. 

Section  28.    Section  forty-four  of  said  chapter  fifty-one,  g.  l.  (Xer. 
as  so  appearing,  is  hereby  amended  by  striking  out,  in  the  f^;l 


51,  §  44. 


ended. 


third  and  fourth  lines,  the  words  " ,  or  unless  he  had  the  right 
to  vote  on  May  first,  eighteen  hundred  and  fifty-seven",  — 
so  as  to  read  as  follows :  —  Section  44-     The  registrars  shall  Examination 
examine  on  oath  an  applicant  for  registration  relative  to  his  ForTegi'^tmtion. 
qualifications  as  a  voter,  and  shall,  unless  he  is  prevented  by  glfp^l  etc.*'''*^'"^ 
physical  disabihty,  require  him  to  write  his  name  in  the  gen- 
eral register  and  to  read  in  such  maimer  as  to  show  that  he  is 
neither  prompted  nor  reciting  from  memory.     Registrars 
shall  be  provided  by  the  state  secretary  with  a  copy  of  the 
constitution  of  the  commonwealth  printed  in  English  on 
uniform  pasteboard  shps,  each  containing  five  lines  of  said 
•constitution  printed  in  type  of  a  size  not  less  than  twenty- 
four  point,  and  with  a  box  so  constructed  as  to  conceal  them 
from  view.    The  registrars  shall  place  said  slips  in  the  box, 
and  shall  require  each  applicant  to  draw  one  of  said  sUps 


562 


Acts,  1943.  —  Chap.  453. 


G.  L.  (Ter. 
Ed.),  51,  §  55, 
etc.,  amended. 


Voting  lists, 

contents, 

arrangement. 


G.  L.  (Ter. 
Ed.),  51,  §  57, 
amended. 


Posting  of 
voting  lists. 
Copies  of  lists, 
when  fur- 
nished to  state 
committees. 


G.  L.  (Ter. 
Ed.),  51,  §  62, 
amended. 


from  the  box  and  read  aloud,  in  full  view  and  hearing  of  the 
registrars,  the  five  lines  printed  thereon.  Each  slip  shall  be 
returned  to  the  box  immediately  after  the  test  is  finished, 
and  the  contents  of  the  box  shall  be  shaken  up  by  a  registrar 
before  another  drawing  is  made.  No  person  failing  to  read 
the  constitution  as  printed  on  the  slip  thus  drawn  shall  be 
registered  as  a  voter.  The  registrars  shall  keep  said  slips 
in  said  box  at  all  times.  The  state  secretary  shall  upon  re- 
quest provide  new  slips  to  replace  those  worn  out  or  lost. 

Section  29.  Section  fifty-five  of  said  chapter  fifty-one, 
as  most  recently  amended  b}^  section  four  of  chapter  four 
hundred  and  seventy-three  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  follow- 
ing sentence :  —  Notwithstanding  the  foregoing,  the  voting 
lists  to  be  used  at  presidential  primaries  or  any  primary  or 
election  held  prior  to  June  first  in  any  year  may  be  that  of 
the  year  preceding,  revised  as  aforesaid,  —  so  as  to  read  as 
follows:  —  Section  55.  Registrars  shall,  from  the  names  en- 
tered in  the  annual  register  of  voters,  prepare  voting  lists 
for  use  at  elections.  In  such  votmg  lists  they  shall  place  the 
names  of  all  voters  entered  on  the  annual  register,  and  no 
others,  and  opposite  to  the  name  of  each  his  residence  on 
January  first  preceding  or  at  the  time  of  his  becoming  an 
inhabitant  of  such  place  after  said  day.  They  may  enter 
the  names  of  women  voters  in  separate  columns  or  lists.  In 
cities,  they  shall  prepare  such  voting  lists  by  wards,  and  if  a 
ward  or  a  town  is  divided  into  voting  precincts,  they  shall 
prepare  the  same  by  precincts,  in  alphabetical  order,  or  by 
streets.  Names  shall  be  added  thereto  or  taken  therefrom 
as  persons  are  found  to  be  qualified  or  not  qualified  to  vote. 
Notwithstanding  the  foregoing,  the  votmg  lists  to  be  used 
at  presidential  primaries  or  any  primary  or  election  held 
prior  to  June  first  in  any  year  may  be  that  of  the  year  pre- 
ceding, revised  as  aforesaid. 

Section  30.  Section  fifty-seven  of  said  chapter  fifty-one, 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  striking  out,  in"  the  sixth  line,  the  words  "precinct  therein" 
and  inserting  in  place  thereof  the  words :  —  ward  of  a  city 
and  in  each  precinct  of  a  town,  —  so  as  to  read  as  follows : 
—  Section  57.  They  shall,  at  least  twenty  days  before  the 
annual  or  biennial  city  or  town  election,  and  except  in  Bos- 
ton, at  least  sixty  days  before  the  biennial  state  election, 
cause  copies  of  the  voting  lists  provided  for  in  the  two  pre- 
ceding sections  to  be  posted  in  their  principal  office  and  in 
one  or  more  other  public  places  in  the  city  or  town,  and  in  each 
ward  of  a  city  and  in  each  precinct  of  a  town.  Upon  appli- 
cation made  by  any  state  political  committee  organized  in 
accordance  with  law,  the  clerk  of  the  board  of  registrars 
shall  furnish  to  it  a  copy  of  the  voting  list  free  of  charge. 

Section  31.  Section  sixty-two  of  said  chapter  fifty-one, 
as  so  appearing,  is  hereby  amended  by  striking  out,  in  the 
eighth  line,  the  words  "held  in  a  city",  —  so  as  to  read  as 


Acts,  1943.  —  Chap.  454.  563 

follows:  —  Section  62.  When  a  caucus  is  called,  the  regis-  Voting  list  for 
trars,  on  the  request  of  the  chairman  of  the  ward  or  town  "^^  **  caucus, 
committee  of  the  party  whose  caucus  is  to  be  held  or  of  the 
person  designated  to  call  the  caucus  to  order,  shall  furnish 
him  for  use  in  the  caucus  a  certified  copy  of  the  last  pub- 
lished voting  list  of  the  town,  or  of  the  ward  of  the  city  for 
which  the  caucus  is  to  be  held,  adding  thereto  the  names  of 
voters  registered  since  such  publication.  Said  lists,  if  in- 
tended for  use  in  the  caucus  of  a  political  party,  shall  con- 
tain the  party  enrollment  of  voters  whose  names  appear 
thereon  established  as  provided  in  sections  thirty-seven  and 
thirty-eight  of  chapter  fifty-three. 

Section  32.     Said   chapter   fifty-one   is   hereby   further  g.  l.  (Xer. 
amended  by  striking  out  section  sixty-three,  as  so  appear-  ameVufed.^  ^^' 
ing,  and  inserting  in  place  thereof  the  following  section :  — 
Section  63.     After  the  biennial  state  election  in  nineteen  List  of  voters 
hundred  and  forty-four,  and  in  every  tenth  year  thereafter  dfyfjion  of*^! 
for  the  purpose  of  furnishing  the  information  necessary  for  "'^y  '"*"  ^'''■'^^• 
a  new  division  of  a  city  into  wards  and  voting  precincts  and 
of  a  town  of  twelve  thousand  inhabitants  or  over,  which  has 
been  divided  into  voting  precincts,  into  new  voting  pre- 
cincts, the  registrars  shall  deliver  to  the  clerk  of  each  city 
and  of  each  such  town,  on  or  before  the  first  Tuesday  after 
the  said  election,  a  list  of  all  voters  therein  who  were  regis- 
tered for  such  election,  which  shall  be  so  arranged  as  to 
show  the  number  of  voters  residing  in  each  ward  or  in 
each  precinct,  as  the  case  may  be,  by  streets.    The  registrars 
shall  likewise  in  any  other  year,  upon  the  request  of  the 
aldermen  in  cities  or  of  the  selectmen  in  such  towns,  furnish, 
for  the  purpose  of  dividing  a  ward  into  voting  precincts  or, 
unless  otherwise  prohibited  by  law,  of  dividing  any  such 
town  into  new  voting  precincts,  a  list  of  the  voters  of  any 
ward  in  a  city  or  of  any  precinct  in  such  town,  arranged  as 
aforesaid.  Approved  June  7,  194S. 


An  Act  changing  the  time  of  holding  the  annual  ChapAdA 

TOWN  meeting  and  TOWN  ELECTION  OF  THE  TOWN  OF 
HOPKINTON,  AND  PROVIDING  FOR  THE  SUBMISSION  OF  CER- 
TAIN VOTES  FOR  REFERENDUM  IN  SAID  TOWT^. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  annual  town  meeting  of  the  tovm  of  Hop- 
kinton  shall  be  held  on  the  first  Monday  in  March,  and  all 
matters  to  be  considered  at  the  annual  town  meeting  shall^be 
considered  at  such  meeting,  except  that  the  annual  town  elec- 
tion for  the  purpose  of  electing,  by  official  ballot,  town  officers 
and  voting  on  any  question  required  by  law  to  be  placed  upon 
the  official  ballot,  shall  take  place  at  an  adjournment  of  such 
meeting  to  be  held  on  the  third  Monday  in  March. 

Section  2.  Any  vote  passed  at  any  town  meeting  of  said 
town  shall  not  become  operative  until  after  the  expiration  of 
a  period  of  five  days,  terminating  at  five  o'clock  p.m.  on  the 


564 


Acts,  1943. —  Chap.  455. 


fifth  day,  exclusive  of  Sundays  and  holidays,  from  the  day 
of  the  dissolution  of  such  meeting.  If,  within  the  period  of 
the  said  five  days,  a  petition  is  addressed  to  and  filed  with 
the  selectmen,  and  is  signed  by  not  less  than  fifty  voters  of 
the  town,  containing  their  names  and  addresses  as  they  ap- 
pear on  the  list  of  registered  voters,  asking  that  the  question 
or  questions  involved  in  such  vote  be  submitted  to  the  voters 
of  the  town,  the  selectmen  shall  then  frame  and  present  the 
question  or  questions  involved  in  such  vote  at  the  next  an- 
nual election  of  officers  at  which  time  the  question  or  ques- 
tions involved  shall  be  voted  upon  by  ballot,  using  the  check 
list,  and  such  question  or  questions  shall  be  determined  by 
a  majority  vote  of  the  registered  voters  of  the  town  voting 
thereon.  If  such  a  petition  is  not  filed  within  said  period  of 
five  days,  the  vote  in  the  town  meeting  shall  become  opera- 
tive and  effective  upon  the  expiration  of  said  period. 

Section  3.  This  act  shall  take  effect  upon  its  acceptance 
by  a  majority  of  the  voters  of  said  town  at  a  town  meeting 
held  not  later  than  the  annual  town  meeting  in  the  year 
nineteen  hundred  and  forty-four. 

Approved  June  7,  19^3. 


ChavAbb  ^'^  ^^'^  making  certain  changes  in  the  laws  relating 
TO  state  aid,  military  aid,  soldiers'  relief  and  cer- 
tain WAR  ALLOWANCES. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.).  6,  §  22, 
etc.,  amended. 


New  heading. 


Commissioner 
of  veterans  aid 
and  pensions. 


Whereas,  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  in  the  serv- 
ice of  the  United  States  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  twenty-two  of  chapter  six  of  the  Gen- 
eral Laws,  as  amended  by  section  one  of  chapter  three 
hundred  and  forty-one  of  the  acts  of  nineteen  hundred  and 
thirty-six,  is  hereby  further  amended  by  striking  out,  in  the 
headmg  and  in  the  third  line,  the  word  "state"  and  inserting 
in  place  thereof,  in  each  instance,  the  word :  —  veterans,  — 
so  that  the  heading  and  section  will  read  as  follows :  —  com- 
missioner OF  VETERANS  AID  AND  PENSIONS. 

Section  22.  There  shall  be  an  officer  to  be  known  as  the 
commissioner  of  veterans  aid  and  pensions,  who  shall  be  ap- 
pointed by  the  governor,  with  the  advice  and  consent  of  the 
council,  for  three  years,  at  such  salary,  not  exceeding  fifty- 
five  hundred  dollars,  as  the  governor  and  council  shall  deter- 
mine. He  shall  devote  his  whole  time  to  the  duties  of  his 
office.  He  shall  be  state  agent  for  the  settlement  of  pension, 
bounty,  back  pay,  compensation  and  other  claims  of  citizens 
of  the  commonwealth  against  the  government  of  the  United 
States,  or  of  any  state  thereof,  on  account  of  military  or  naval 


Acts,  1943.  —  Chap.  455.  565 

service,  and  he  shall  assist  and  advise  war  veterans,  and  their 
dependents,  heirs  or  legal  representatives,  with  respect  to  the 
filing,  prosecution  and  settlement  of  such  claims. 

Section  2.     Section  twenty-four  of  said  chapter  six,  as  g.  l.  (Ter. 
amended  by  section  one  of  chapter  five  hundred  and  ninety-  etc!, 'amended. 
six  of  the  acts  of  nineteen  hundred  and  forty-one,  is  hereby 
further  amended  by  striking  out,  in  the  third  line,  the  word 
"state"  and  inserting  in  place  thereof  the  word:  —  veter- 
ans, —  so  as  to  read  as  follows:  —  Section  24-    The  governor.  Deputy  com- 
with  the  advice  and  consent  of  the  council,  shall  appoint  a  ""''®'°"''''' 
deputy  and  a  second  deputy  commissioner  of  veterans  aid 
and  pensions  for  three  years,  who  shall  devote  their  whole 
time  to  the  duties  of  their  offices.    They  shall  be  subject  to 
the  direction  and  control  of  said  commissioner.    The  deputy 
commissioner,  or  in  case  of  a  vacancy  in  his  office  or  in  his 
absence  or  disability  the  second  deputy  commissioner,  shall 
perform  the  duties  of  said  commissioner  during  his  absence  on 
account  of  disabihty  or  other  cause. 

Section  3.    Section  one  of  chapter  one  hundred  and  fifteen  g.  l.  (Ter. 
of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  amended.'  ^  ^' 
tion,  is  hereby  amended  by  striking  out,  in  the  third  line,  the 
paragraph  defining  "Commissioner"  and  inserting  in  place 
thereof  the  following  paragraph :  — 

"Commissioner",  connnissioner  of  veterans  aid  and  pen-  "Commi.s- 

sions  sioner"  defined. 

Section  4.    Section  two  A  of  said  chapter  one  hundred  £',1^  j^^rfjox, 
and  fifteen,  inserted  by  chapter  one  hundred  and  thirteen  etcVamcmioTi. ' 
of  the  acts  of  nineteen  hundred  and  thirty-two,  is  hereby 
amended  by  adding  at  the  end  the  following  paragraph :  — 

The  employer  of  any  applicant  for  aid  or  relief  under  this  Employer  to 
chapter  who,  upon  like  written  request,  unreasonably  refuses  n"[^s™ner "; 
to  inform  the  commissioner  of  the  amount  of  money  paid  by  amount  paid 

,  1  1  T  ,■  i-i_'  applicant. 

such  employer  to  the  applicant  at  any  tune  durmg  his  em- 
ployment by  such  employer  or  who  wilfully  renders  false  in- 
formation in  respect  to  such  a  request  shall  forfeit  fifty  dol- 
lars to  the  use  of  the  commonwealth. 

Section  5.  Section  six  of  said  chapter  one  hundred  and  g.^l  rrer.^  ^^ 
fifteen,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  amemied'  ' 
amended  by  striking  out,  in  the  forty-eighth,  forty-ninth  and 
fiftieth  lines,  the  words  "having  been  appointed  or  having 
enlisted  in  such  service  after  February  fifteenth,  eighteen 
hundred  and  ninety-eight  and  prior  to  July  fourth,  nineteen 
hundred  and  two"  and  inserting  in  place  thereof  the  words: 
—  which  for  the  purposes  of  this  chapter  shall  be  defined  as 
having  begun  on  February  fifteenth,  eighteen  hundred  and 
ninety-eight  and  having  ended  on  July  fourth,  nmeteen  hun- 
dred and  two,  —  and  by  striking  out,  in  the  fifty-third  and 
fifty-fourth  lines,  the  words  "having  been  appointed  or  hav- 
ing enlisted  in  such  service  between  said  dates",  —  so  that 
the  fourth  paragraph  will  read  as  follows :  — 

Invalid  pensioners  of  the  United  States  who  served  in  the  ^^^^^^^  "^"^ 
army  or  navy  of  the  United  States  to  the  credit  of  this  com-  ^^^^"'''■ 
monwealth  in  or  during  the  period  of  the  war  with  Spain, 


566 


Acts,  1943.  —  Chap.  455. 


G.  L.  (Ter. 
Ed.),  115,  §  6 
amended. 


World  war 
service. 


G.  L.  (Ter. 
Ed.),  115,  §  6, 
amended. 


which  for  the  purposes  of  this  chapter  shall  be  defined  as 
having  begun  on  February  fifteenth,  eighteen  hundred  and 
ninety-eight  and  having  ended  on  July  fourth,  nineteen  hun- 
dred and  two;  or  who  served  in  the  regular  army  or  navy  of 
the  United  States  during  said  war  or  in  the  army,  navy  or 
marine  corps  of  the  United  States  in  or  during  the  period  of 
the  Philippine  Insurrection  or  the  China  Relief  Expedition, 
while  a  citizen  of  this  commonwealth,  having  a  residence  and 
actually  residing  therein; 

Section  6.  Said  section  six  of  said  chapter  one  hundred 
and  fifteen,  as  so  appearing,  is  hereby  further  amended  by 
inserting  after  the  word  "war"  in  the  sixty-seventh  line  the 
words :  —  to  the  credit  of  this  commonwealth,  —  so  that  the 
sixth  paragraph  will  read  as  follows :  — 

Any  soldier,  sailor  or  nurse  who  served  in  the  army  or 
navy  of  the  United  States  in  the  world  war  to  the  credit  of 
this  commonwealth,  which  for  the  purposes  of  this  chapter 
shall  be  defined  as  having  begun  on  February  third,  nineteen 
hundred  and  seventeen,  and  as  having  ended  on  November 
eleventh,  nineteen  hundred  and  eighteen;  provided,  that  such 
soldier,  sailor  or  nurse  receives  a  pension  or  compensation 
from  the  United  States  for  disability  incurred  in  such  serv- 
ice, and  was  mustered  into  such  service  while  an  inhabitant 
of  a  town  in  the  commonwealth  and  actually  residing  therein. 

Section  7.  Said  section  six  of  said  chapter  one  hundred 
and  fifteen,  as  so  appearing,  is  hereby  further  amended  by 
striking  out,  in  the  one  hundred  and  twenty-sixth  to  the  one 
hundred  and  twenty-ninth  lines,  the  words  "if  such  parents 
had  been  in  receipt  of  state  war  allowance  under  chapter  one 
hundred  and  eight  of  the  General  Acts  of  nineteen  hundred 
and  eighteen  between  February  third,  nineteen  hundred  and 
seventeen,  and  November  eleventh,  nineteen  hundred  and 
eighteen  "  and  inserting  in  place  thereof  the  words :  —  or  after 
honorable  discharge  therefrom,  —  so  that  the  sixteenth  para- 
graph will  read  as  follows :  — 

Fathers  or  mothers,  the  fathers  being  alive,  of  soldiers  or 
sailors  who  served  in  the  world  war,  in  the  same  manner  and 
under  the  same  limitations  described  herein  for  the  service 
of  said  soldiers  or  sailors,  and  who  died  in  such  service,  or 
after  honorable  discharge  therefrom.  No  aid  shall  be  granted 
to  persons  in  this  class  unless  in  each  case  the  aldermen, 
selectmen,  or,  in  Boston,  the  soldiers'  relief  commissioner, 
are  satisfied,  on  evidence  first  reported  to  the  commissioner 
and  satisfactory  to  him,  that  justice  and  necessity  require  a 
continuance  of  the  aid  to  prevent  actual  suffering. 

Section  8.  Section  nine  of  said  chapter  one  hundred  and 
fifteen,  as  so  appearing,  is  hereby  amended  by  striking  out 
all  after  the  word  "month"  in  the  eighth  line. 

Section  9.  Section  ten  of  said  chapter  one  hundred  and 
amend"d^.'  ^  ^^'  fifteen,  as  so  appearing,  is  hereby  amended  by  striking  out, 
in  the  eighth  line,  the  words  "shall  be  poor  and  indigent", 
—  and  by  inserting  after  the  comma  in  the  ninth  Une  the 


Fourth  class 
qualifications 


G.  L.  (Ter. 
Ed.),  115,  §9 
amended. 


G.  L.  (Ter. 


Acts,  1943.  —  Chap.  455.  567 

words :  —  shall  be,  — ;  so  that  the  second  paragraph  will  read 
as  follows :  — 

First  Class,  Each  person  of  the  first  class  shall  have  his  First  class 
settlement  in  the  town  aiding  him;  shall  have  served  as  a  fi^^i'^^'^tions. 
soldier,  sailor  or  nurse  in  the  manner  and  under  the  limita- 
tions prescribed  in  the  first  class  of  section  six;  shall  have 
been  honorably  discharged  or  released  from  active  duty  in 
such  United  States  service  and  from  all  appointments  and 
enlistments  therein ;  and,  by  reason  of  sickness  or  other  physi- 
cal disability,  shall  be  in  such  need  as  would  entitle  him  to 
relief  under  chapter  one  hundred  and  seventeen;  shall  not 
be,  directly  or  indirectly,  in  receipt  of  any  other  state  or 
military  aid,  or  of  any  pension  for  services  rendered  or  dis- 
abihties  incurred  either  in  the  civil  or  Spanish  wars,  Indian 
wars  or  campaigns,  the  Philippine  Insurrection,  the  China 
Relief  Expedition,  Mexican  border  service  or  world  war  serv- 
ice as  defined  in  section  six.  The  disability  must  have  arisen 
from  causes  independent  of  his  military  or  naval  service 
aforesaid. 

Section  10.     Section  nineteen  of  said  chapter  one  hun-  g.  l.  (Ter. 
dred  and  fifteen,  as  most  recently  amended  by  section  two  ftc'l'amendld.^' 
of  chapter  three  hundred  and  sixteen  of  the  acts  of  nineteen 
hundred  and  thirty-eight,  is  hereby  further  amended  by 
striking  out,  in  the  nineteenth  line,  the  word  "dependent" 
and  inserting  in  place  thereof  the  word :  —  needy,  —  so  as  to 
read  as  follows:  —  Section  19.    The  mayor  of  each  city  and  fg"f  n^^fon of 
the  selectmen  of  each  town  or,  in  Boston,  the  soldiers'  relief  powers  and 
commissioner,  shall  designate  a  burial  agent,  who  shall  not  '^"*'''^- 
be  one  of  the  board  of  public  welfare  or  be  employed  by  said 
board,  and  who  shall,  under  regulations  established  by  the 
commissioner,  cause  properly  to  be  interred  the  body  of  any 
honorably  discharged  soldier  or  sailor  who  served  in  the 
army  or  navy  of  the  United  States  during  the  war  of  the 
rebellion,  or  in  the  Indian  campaigns  if  he  died  in  receipt 
of  a  pension  from  the  United  States,  or  during  the  war  be- 
tween the  United  States  and  Spain  or  the  Philippine  Insur- 
rection after  February  fourteenth,   eighteen  hundred  and 
ninety-eight  and  prior  to  July  fourth,  nineteen  hundred  and 
two,  or  in  the  Mexican  border  service  of  nineteen  hundred 
and  sixteen  and  of  nineteen  hundred  and  seventeen,  or  in 
the  world  war;    provided,  that  the  soldier  or  sailor  died  in 
such  service  or  after  an  honorable  discharge  therefrom  or 
release  from  active  duty  therein ;   and  shall  also  so  inter  the  Burial  of 
body  of  his  wife,  widow  or  needy  father  or  mother,  and  the  of  loWiers" 
bodies  of  army  nurses  entitled  to  state  aid  under  section  regulated. 
six,  if  they  die  without  sufficient  means  to  defray  funeral 
expenses,  and  the  bodies  of  dependent  children  eighteen 
years  of  age  or  under,  of  such  soldier  or  sailor,  if  such  soldier 
or  sailor  and  his  wife,  or  his  widow,  be  without  sufficient 
means  to  defray  funeral  expenses;  but  no  wife  or  widow  of 
any  soldier  or  sailor  of  the  civil  war  shall  be  entitled  to  the 
benefits  of  this  section  unless  she  was  married  to  him  prior 


568  Acts,  1943.  —  Chap.  455. 

to  June  twenty-seventh,  nineteen  hundred  and  five,  and  no 
wife  or  widow  of  any  soldier  of  the  Indian  campaigns  unless 
she  was  married  to  him  prior  to  March  fourth,  nineteen 
hundred  and  seventeen,  and  unless  she  was,  if  his  widow,  in 
receipt  of  a  pension  under  the  act  of  congress  of  March 
fourth,  nineteen  hundred  and  seventeen,  and  no  wife  or 
widow  of  any  soldier  or  sailor  of  the  Spanish  war,  or  the 
Philippine  Insurrection,  unless  she  was  married  to  him  prior 
to  September  first,  nineteen  hundred  and  thirty;  and  no 
wife  or  widow  of  any  soldier  or  sailor  of  the  Mexican  border 
service  or  of  the  world  war  unless  she  was  married  to  him 
on  or  before  January  first,  nineteen  huncjred  and  thirty- 
three.  If  an  interment  has  taken  place  without  the  knowl- 
edge of  the  burial  agent,  application  may  be  made  to  him 
within  thirty  days  after  the  date  of  death,  or  after  final  in- 
terment if  the  soldier  or  sailor  dies  in  the  world  war  service; 
and  if  upon  investigation  he  shall  find  that  the  deceased 
was  within  the  provisions  of  this  section  and  the  rules  of 
the  commissioner,  he  may  certify  the  same  as  provided  in 
the  following  section. 
EdViis^'^'s  20  Section  11.  Said  chapter  one  hundred  and  fifteen  is 
etc!, 'amended. '  hereby  further  amended  by  striking  out  section  twenty,  as 
most  recently  amended  by  section  two  of  chapter  three  hun- 
dred and  thirty-six  of  the  acts  of  nineteen  hundred  and 
thirty-four,  and  inserting  in  place  thereof  the  following 
Expense  of  section  I  —  SecHon  20.  The  amount  of  the  allowance  for  a 
Conducror"^'  burial  as  aforesaid,  in  the  case  of  a  soldier,  sailor,  wife, 
R^turosand  widow,  needy  father  or  mother  or  army  nurse,  shall  not 
reimbursement,  exceed  oue  huudrcd  dollars,  and  in  the  case  of  a  dependent 
child,  fifty  dollars  up  to  the  age  of  thirteen,  and  one  hun- 
dred dollars  from  the  age  of  thirteen  up  to  the  age  of  eighteen ; 
but  if  the  total  expense  of  the  burial,  by  whomsoever  in- 
curred, in  the  case  of  a  soldier,  sailor,  wife,  widow,  needy 
father  or  mother  or  army  nurse,  shall  exceed  two  hundred 
and  fifty  dollars,  or  in  the  case  of  a  child  up  to  the  age  of 
thirteen,  one  hundred  and  fifty  dollars,  from  the  age  of  thir- 
teen up  to  the  age  of  eighteen  two  hundred  and  fifty  dollars, 
no  payment  therefor  shall  be  made  by  the  commonwealth. 
The  burial  shall  not  be  made  in  any  cemetery  or  burial 
ground  used  exclusively  for  the  burial  of  persons  buried  un- 
der the  provisions  of  chapter  one  hundred  and  seventeen,  or 
in  any  part  of  any  cemetery  or  burial  ground  so  used.  Rela- 
tives of  the  deceased  who  are  unable  to  bear  the  expense  of 
burial  may  be  allowed  to  conduct  the  funeral.  The  full 
amount  so  expended,  the  name  of  the  deceased  soldier  or 
sailor,  the  regiment,  company,  station,  organization  or  ves- 
sel in  which  he  served,  the  date  of  death,  place  of  interment, 
and  in  case  of  a  wife  or  widow  the  name  of  the  husband  and 
date  of  marriage,  and  in  the  case  of  a  dependent  child  the 
name  of  the  father,  and  such  other  details  as  the  commis- 
sioner may  require,  shall  be  certified  on  oath  to  him,  in  such 
manner  as  he  may  approve,  by  the  burial  agent  and  the 
treasurer  of  the  town  expending  the  amount,  within  three 


Acts,  1943.  —  Chap.  455.  569 

months  after  the  burial;  and  the  commissioner  shall  en- 
dorse upon  the  certificate  his  allowance  of  such  amounts  as 
he  finds  have  been  paid,  and  reported  according  to  the  fore- 
going provisions,  and  shall  transmit  the  certificate  to  the 
comptroller.  The  amounts  legally  paid  and  so  allowed,  with 
no  expense  for  disbursement,  shall  be  reimbursed  by  the 
commonwealth  to  the  several  towns  on  or  before  November 
tenth  in  the  year  after  the  expenditures  have  been  made. 

Section  12.     Section    twenty-one    of   said    chapter   one  g.  l.  (Ter 
hundred  and  fifteen,  as  appearing  in  the  Tercentenary  Edi-  ameAded.' 
tion,  is  hereby  amended  by  striking  out,  in  the  second  line, 
the  word  "indigent"  and  inserting  in  place  thereof  the  word: 
—  needy,  —  so  as  to  read  as  follows:  —  Section  21.    The  pro-  Application  of 
visions  of  the  two  preceding  sections  relative  to  burial  of  loumited*" 
needy  soldiers  or  sailors  and  their  dependents  and  of  sec- 
tion seventeen  relative  to  soldiers'  relief  shall  not  apply  to 
any  person  who  at  the  time  of  entering  the  federal  service 
during  the  world  war  was  a  subject  or  citizen  of  a  neutral 
country  who  had  filed  his  intention  to  become  a  citizen  of 
the  United  States  and  who  afterward  withdrew  such  inten- 
tion under  the  act  of  congress  approved  July  ninth,  nineteen 
hundred  and  eighteen,  nor  to  any  person  designated  upon 
his  discharge  as  a  conscientious  objector. 

Section  13.     Section  one  of  chapter  one  hundred  and  g^V  ^T.^''-.  , 
Sixteen  of  the  General  Laws,   as  so  appearing,  is  hereby  amended. 
amended  by  striking  out,  in  the  thirty-third  line,  the  word 
"the"  the  second  time  it  occurs  and  inserting  in  place  thereof 
the  word :  —  any,  —  so  that  clause  Fifth  will  read  as  fol- 
lows :  — 

Fifth,  A  person  who  enlisted  and  was  mustered  into  the  Legal  sottu- 
military  or  naval  service  of  the  United  States,  as  a  part  of  and  L"iiori.'  '"^^ 
the  quota  of  a  town  in  the  commonwealth  under  any  call 
of  the  president  of  the  United  States  during  the  war  of  the 
rebellion  or  any  war  between  the  United  States  and  any 
foreign  power,  or  who  was  assigned  as  a  part  of  the  quota 
thereof  after  having  enlisted  and  been  mustered  into  said 
service,  and  his  wife  or  widow  and  minor  children,  shall  be 
deemed  thereby  to  have  acquired  a  settlement  in  such  town ; 
and  any  person  who  would  otherwise  be  entitled  to  a  settle- 
ment under  this  clause,  but  who  was  not  a  part  of  the  quota 
of  any  town,  shall,  if  he  served  as  a  part  of  the  quota  of  the 
commonwealth,  be  deemed  to  have  acquired  a  settlement, 
for  himself,  his  wife  or  widow  and  minor  children,  in  the 
place  where  he  actually  resided  at  the  time  of  his  enlistment. 
Any  person  who  was  inducted  into  the  military  or  naval 
forces  of  the  United  States  under  any  federal  selective  service 
act,  or  who  enlisted  in  said  forces  in  time  of  war  between 
the  United  States  and  any  foreign  power,  whether  he  served 
as  a  part  of  the  quota  of  the  commonwealth  or  not,  or  who 
enlisted  and  served  m  said  forces  during  the  Philippine  in- 
surrection, and  his  wife  or  widow  and  minor  children  shall 
be  deemed  to  have  acquired  a  settlement  in  the  place  where 
he  actually  resided  in  this  commonwealth  at  the  time  of  his 


570 


Acts,  1943.  — Chap.  455. 


G.  L.  (Ter. 
Ed.),  116,  §  5. 
amended. 


Existing  settle- 
ments; con- 
tinuance and 
loss. 


Time  in  certain 
institutions 
not  counted. 


"Commis- 
sioner of  state 
aid  and  pen- 
sions" defined. 


induction  or  enlistment.  But  these  provisions  shall  not 
apply  to  any  person  who  enlisted  and  received  a  bounty  for 
such  enlistment  in  more  than  one  place  unless  the  second 
enlistment  was  made  after  an  honorable  discharge  from  the 
first  term  of  service,  nor  to  any  person  who  has  been  proved 
guilty  of  wilful  desertion,  or  who  left  the  service  otherwise 
than  by  reason  of  disability  or  an  honorable  discharge. 

Section  14.  Section  five  of  said  chapter  one  hundred 
and  sixteen,  as  so  appearing,  is  hereby  amended  by  inserting 
after  the  word  "remarries"  in  the  twenty-first  line  the  fol- 
lowing :  —  ,  minor  children,  —  so  as  to  read  as  follows :  — 
Section  5.  Except  as  otherwise  provided  in  this  section,  each 
settlement  existing  on  August  twelfth,  nineteen  hundred  and 
eleven,  shall  continue  in  force  until  defeated  under  this  chap- 
ter, but  from  and  after  said  date  failure  for  five  consecutive 
years  by  a  person,  after  reaching  twenty-one  years  of  age, 
to  reside  in  a  town  where  he  had  a  settlement,  shall  defeat 
a  settlement  acquired  under  clause  First  of  section  one,  or  a 
settlement  of  a  woman  acquired  under  clause  Second  of  said 
section  one  provided  the  settlement  of  her  husband  is  de- 
feated. The  settlement  of  a  minor  acquired  under  either 
clause  Third  or  Fourth  of  section  one,  except  the  settlement 
of  a  female  minor  who  has  married,  shall  be  defeated  with 
the  settlement  of  the  parents.  The  time  during  which  a 
person  shall  be  an  inmate  of  any  infirmary,  jail,  prison,  or 
other  public  or  state  institution,  within  the  commonwealth 
or  in  any  manner  under  its  care  and  direction,  or  that  of 
an  officer  thereof,  or  of  a  soldiers'  or  sailors'  home  whether 
within  or  without  the  commonwealth,  shall  not  be  counted 
in  computing  the  time  cither  for  acquiring  or  defeating  a 
settlement,  except  as  provided  in  section  two.  The  settle- 
ment existing  on  August  twelfth,  nineteen  hundred  and  six- 
teen, or  any  settlement  subsequently  acquired,  of  a  person 
whose  service  in  or  with  the  army,  navy  or  marine  corps 
of  the  United  States  qualifies  him  to  receive  aid  or  relief 
under  the  provisions  of  chapter  one  hundred  and  fifteen,  and 
the  settlement  of  his  wife,  widow  until  she  remarries,  minor 
children,  father  or  mother,  qualified  by  his  service  to  receive 
relief  under  said  chapter  one  hundred  and  fifteen,  shall  not 
be  defeated,  except  by  failure  to  reside  in  the  commonwealth 
for  five  consecutive  years  or  by  the  acquisition  of  a  new 
settlement. 

Section  15.  When  used  in  any  statute,  ordinance,  by- 
law, rule  or  regulation  the  phrase  "commissioner  of  state  aid 
and  pensions",  or  any  words  connoting  the  same,  shall  mean 
the  commissioner  of  veterans  aid  and  pensions. 

Approved  June  7,  1943. 


Acts,  1943.  —  Chap.  456.  571 


An  Act  granting  the  consent  of  the  commonwealth  ChapA5Q 

TO  the  acquisition  by  the  united  states  of  AMERICA 
OF  CERTAIN  LANDS  IN  THE  CITY  OF  CHELSEA  FOR  USE  AS 
AN  ANNEX  TO  THE  UNITED  STATES  NAVY  YARD,  BOSTON, 
MASSACHUSETTS,  AND  GRANTING  AND  CEDING  JURISDICTION 
OVER    SUCH   LANDS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  pr'^f^^bil''^ 
to  defeat  its  purpose,  which  is  to  provide  land  for  the  im- 
mediate construction  of  an  annex  to  the  navy  yard  in  Bos- 
ton harbor  for  the  purpose  of  national  defense;  therefore  it 
is  hereby  declared  to  be  an  emergency  law  necessary  for  the 
immediate  preservation  of  the  public  safety. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  consent  of  the  commonwealth  is  hereby 
granted  to  the  acquisition  by  the  United  States  of  America 
by  purchase  or  condemnation  for  use  as  an  annex  to  the 
United  States  Na\y  Yard,  Boston,  Massachusetts,  of  two 
certain  adjoining  tracts  of  land  in  the  city  of  Chelsea  which 
tracts  were  acquired  by  the  United  States  of  America  un- 
der proceedings  in  the  District  Court  of  the  United  States 
for  the  District  of  Massachusetts  miscellaneous  civil  cases 
numbers  six  four  one  two  and  six  five  three  five.  Said  tract 
taken  under  miscellaneous  civil  case  number  six  four  one 
two  formerly  of  Richard  T.  Green  et  al.  as  set  forth  on  plan 
of  land  entitled  "U.  S.  Navy  Yard,  Boston,  Mass.  Chelsea 
Annex  No.  3.  Plan  showing  Lands,  Boundaries  and  Har- 
bor Lines  in  the  Vicinity  of  Chelsea  Annex  No.  3,  Chelsea, 
Mass.,  Approved  June  20,  1942,  P.  W.  Drawing  No.  623-9", 
and  as  more  fully  described  as  follows :  — 

Beginning  at  the  most  easterly  corner  of  said  tract  at  a 
point  at  the  intersection  of  the  southerly  side  line  of  Wil- 
liams street  with  the  westerly  side  line  of  Pearl  street,  thence 
running  southwesterly  along  the  westerly  side  line  of  said 
Pearl  street  and  Meridian  Street  bridge  419.25  feet  to  a 
point  at  the  intersection  of  the  westerly  side  line  of  said 
Meridian  Street  bridge  with  the  United  States  Pierhead 
line  approved  by  the  secretary  of  war  June  twentieth,  eight- 
een hundred  and  ninety,  said  pierhead  line  coinciding  with 
the  Massachusetts  Harbor  line  established  by  chapter  three 
hundred  and  forty-four,  acts  of  eighteen  hundred  and  eighty- 
seven,  thence  running  southwesterly,  along  said  pierhead 
fine  695  feet  more  or  less  to  a  point;  thence  running  north- 
easterly 269.10  feet  to  a  point  on  the  sea  wall,  thence  run- 
ning northeasterly  more  easterly  188.09  feet  to  a  point, 
the  last  two  courses  are  a  portion  of  the  easterly  limit  of 
the  tract  taken  under  Miscellaneous  Civil  Case  No.  6535 
hereinafter  described,  thence  running  southeasterly  90  feet 
to  a  point  in  the  center  line  of  Winnisimmet  street,  thence 
running  southwesterly  along  the  center  fine  of  Winnisimmet 
street  4.6  feet  to  a  point;   thence  running  southeasterly  30 


572  Acts,  1943.  —  Chap.  456. 

feet  to  a  point  in  the  east  side  line  of  Winnisimmet  street, 
thence  running  northeasterly,  along  the  east  side  line  of 
Winnisimmet  street,  260  feet  to  a  point  at  the  intersection 
of  the  east  side  line  of  Winnisimmet  street  with  the  south 
side  line  of  Wharf  street,  thence  running  southeasterly  along 
the  south  side  line  of  Wharf  street  60  feet  to  a  point;  thence 
running  northeasterly  across  Wharf  street  80.54  feet  to  a 
point,  thence  running  northwesterly  60  feet  to  a  point  in 
the  easterly  side  line  of  Winnisimmet  street;  thence  run- 
ning northeasterly  along  the  easterly  side  line  of  Winnisim- 
met street  100.67  feet  to  a  point;  thence  running  south- 
easterly 90  feet  to  a  point;  thence  running  northeasterly 
24.72  feet  to  a  point,  thence  running  southeasterly  50  feet 
to  a  point  in  the  easterly  side  line  of  Division  street,  thence 
running  northeasterly,  along  the  easterly  side  line  of  Divi- 
sion street,  35.3  feet  to  a  point,  thence  running  southeast- 
erly 45  feet  to  a  point,  thence  running  northeasterly  40.8 
feet  to  a  point  in  the  southerly  side  line  of  Williams  street; 
thence  running  southeasterly  along  the  southerly  side  line 
of  Williams  street  82.8  feet  to  the  point  of  beginning  con- 
taining 5  acres  more  or  less. 

Said  tract  taken  under  miscellaneous  civil  case  number  six 
five  three  five  formerly  of  Metropolitan  Coal  Co.  et  al.  as  set 
forth  on  plan  of  land  entitled  "U.  S.  Navy  Yard,  Boston, 
Mass.  Chelsea  Annex  No.  3.  Plan  showing  Lands,  Bound- 
aries and  Harbor  Lines  in  the  Vicinity  of  Chelsea  Annex 
No.  3,  Chelsea,  Mass.,  Approved  June  20,  1942,  P.  W.  Draw- 
ing No.  623-9",  and  as  more  fully  described  as  follows:  — 

Beginning  at  the  most  northerly  corner  of  said  tract,  at  a 
point  at  the  intersection  of  the  southwesterly  side  line  of 
Broadway  with  the  southerly  side  line  of  Medford  street, 
thence  running  south  50°  02'  40"  east,  along  the  southerly 
side  line  of  Medford  street  44.80  feet  to  a  point,  thence  run- 
ning south  39°  57'  20"  west  25.45  feet  to  a  point,  thence 
running  south  14°  29'  20"  west  122.53  feet  to  a  point,  thence 
running  south  49°  20'  30"  east  210.17  feet  to  a  point;  thence 
running  north  40°  51'  50"  east  68.70  feet  to  a  point,  thence 
running  south  50°  02'  40"  east  121.20  feet  to  a  point;  thence 
running  north  39°  57'  20"  east  70.0  feet  to  a  point  in  the 
southerly  side  line  of  Medford  street;  thence  running  south 
50°  02'  40"  east,  along  the  southerly  side  line  of  Medford 
street,  24.30  feet  to  a  point;  thence  running  south  39°  57'  20" 
west  70.0  feet  to  a  point,  thence  running  south  50°  02'  40" 
east  91.80  feet  to  a  point;  thence  running  north  39°  57'  20" 
east,  46.75  feet  to  a  point,  thence  running  south  41°  04'  00" 
east,  121.50  feet  to  a  point,  thence  running  north  49°  00'  00" 
east,  40.0  feet  to  a  point,  thence  running  north  41°  04'  00" 
west,  2.60  feet  to  a  point,  thence  running  north  49°  00'  00" 
east,  141.74  feet  to  a  point  in  the  southerly  side  line  of  Ferry 
street,  a  private  way,  thence  running  south  41°  04'  00"  east, 
along  the  southerly  side  line  of  Ferry  street,  155.80  feet  to  a 
point  at  the  intersection  of  the  southerly  side  line  of  Ferry 
street  and  the  westerly  side  line  of  Winnisimmet  street,  thence 


Acts,  1943.  — Chap.  456.  573 

running  south  48°  52'  00"  west,  along  the  westerly  side  line 
of  Winnisimmet  street,  70.0  feet  to  a  point;  thence  running 
north  41°  04'  00"  west  60.0  feet  to  a  point,  thence  running 
south  48°  52'  00"  west  188.09  feet  to  a  point  on  the  sea  wall, 
thence  south  38°  00'  55"  west  269.10  feet  to  a  point  in  the 
United  States  Pierhead  line  approved  by  the  secretary  of 
war  June  twentieth,  eighteen  hundred  and  ninety,  said  pier- 
head line  'coinciding  with  the  Massachusetts  Harbor  line  es- 
tablished by  chapter  three  hundred  and  forty-four,  acts  of 
eighteen  hundred  and  eighty-seven,  the  last  two  courses  are 
a  portion  of  the  westerly  limit  of  the  tract  taken  under  mis- 
cellaneous civil  case  number  six  four  one  two  hereinbefore 
described,  thence  running  south  83°  28'  00"  west,  along  the 
said  pierhead  line,  503.77  feet  to  a  point,  thence  running 
north  10°  44'  20"  east  862.26  feet  to  a  point  in  the  south- 
westerly side  line  of  Broadway,  thence  running  north  82° 
12'  50"  east,  along  the  southwesterly  side  line  of  Broadway 
18.65  feet  to  the  point  of  beginning  containing  7.58  acres 
more  or  less. 

Section  2.  Jurisdiction  over  the  above  described  lands  is 
hereby  granted  and  ceded  to  the  United  States  of  America, 
but  upon  the  express  condition  that  the  commonwealth 
shall  retain  concurrent  jurisdiction  with  the  United  States 
of  America  in  and  over  said  lands,  in  so  far  that  all  civil 
processes,  and  such  criminal  processes  as  may  issue  under  the 
authority  of  the  commonwealth  against  any  person  or  per-, 
sons  charged  with  crimes  committed  without  said  lands  and 
all  processes  for  collection  of  taxes  levied  under  authority  of 
the  laws  of  the  commonwealth,  including  the  service  of  war- 
rants, may  be  executed  thereon  in  the  same  manner  as  though 
this  cession  had  not  been  granted;  provided  that  the  exclu- 
sive jurisdiction  in  and  over  such  tracts  shall  revert  to  and 
revest  in  the  commonwealth  whenever  such  tracts  shall  cease 
to  be  used  for  the  purpose  set  forth  in  section  one. 

Section  3.  The  United  States  of  America  is  hereby  au- 
thorized to  fill  said  ceded  areas  and  to  place  such  structures 
in  or  over  said  areas  as  may  be  necessary  for  the  purpose 
for  which  the  same  are  granted,  in  accordance  with  plans  to 
be  filed  with  and  approved  by  the  state  department  of  pub- 
lic works. 

Section  4.  This  act  shall  take  full  effect  upon  the  de- 
positing in  the  office  of  the  state  secretary  within  one  year 
after  its  effective  date  of  a  suitable  plan  of  the  tracts  of  land 
described  in  section  one,  but  not  otherwise. 

Approved  June  7,  1943. 


574  Acts,  1943.  —  Chap.  457. 


ChapA57  An  Act  granting  the  consent  of  the  commonwealth 

TO  THE  ACQUISITION  BY  THE  UNITED  STATES  OF  AMERICA 
OF  CERTAIN  LAND  IN  THE  CITY  OF  BOSTON  FOR  THE  PUR- 
POSE OF  EXTENDING  THE  UNITED  STATES  NAVY  YARD  AT 
BOSTON  AND  GRANTING  AND  CEDING  JURISDICTION  OVER 
SUCH   LAND. 

^r'^ambk*'^  TF/icreas,  The  deferred  operation  of  this  act  would  tend  to 

defeat  its  purpose,  which  is  to  provide  land  for  the  immediate 
extension  of  the  United  States  Navy  Yard  in  the  city  of 
Boston  for  the  purpose  of  national  defense;  therefore  it  is 
hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  safety. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  consent  of  the  commonwealth  is  hereby 
granted  to  the  acquisition  by  the  United  States  of  America 
by  purchase  or  condemnation  for  use  as  an  extension  of  the 
United  States  Navy  Yard  at  Boston  of  a  certain  parcel  of 
land  acquired  by  the  United  States  of  America  in  fee  simple 
by  declaration  of  taking  filed  May  fifteenth,  nineteen  hun- 
dred and  forty-two,  in  the  case  of  the  United  States  of 
America  v.  16,703  square  feet  of  land  more  or  less  in 
Suffolk  county,  Massachusetts,  and  A.  George  Goldberg, 
et  al.,  Civil  No.  6533,  under  authority  of  the  act  of  Congress 
approved  February  sixth,  nineteen  hundred  and  forty-two 
(Public  Law  438,  77th  Congress),  as  more  fully  described 
as  follows :  — 

A  certain  parcel  of  land  with  buildings  thereon  situated 
on  the  easterly  side  of  Chelsea  street  and  the  northerly  side 
of  Henley  street  as  shown  on  plan,  T.  B.  Kenney,  C.  E., 
recorded  with  Suffolk  Deeds,  book  4809,  page  461,  in  that 
part  of  Boston  called  Charlestown,  bounded  and  described 
as  follows:  Northerly  on  Chelsea  street  93.67  feet;  easterly 
on  the  U.  S.  Navy  Yard,  243.25  feet;  southerly  on  Henley 
street  (formerly  Henley  place)  99.67  feet;  westerly  by  four 
lines  as  shown  on  said  plan  measuring  respectively  51.50 
feet,  21.67  feet,  50.58  feet  and  66.96  feet  and  containing 
16,703  square  feet. 

Section  2.  Jurisdiction  over  the  above  described  lands 
is  hereby  granted  and  ceded  to  the  United  States  of  America, 
but  upon  the  express  condition  that  the  commonwealth 
shall  retain  concurrent  jurisdiction  with  the  United  States 
of  America  in  and  over  said  lands,  in  so  far  that  all  civil 
processes,  and  such  criminal  processes  as  may  issue  under  the 
authority  of  the  commonwealth  against  any  person  or  per- 
sons charged  with  crimes  committed  without  said  lands  and 
all  processes  for  collection  of  taxes  levied  under  authority 
of  the  laws  of  the  commonwealth,  including  the  service  of 
warrants,  may  be  executed  thereon  in  the  same  manner  as 
though  this  cession  had  not  been  granted;  provided,  that 
the  exclusive  jurisdiction  in  and  over  such  tracts  shall  revert 


Acts,  1943.  —  Chap.  458.  575 

to  and  revest  in  the  commonwealth  whenever  such  tracts 
shall  cease  to  be  used  for  the  purpose  set  forth  in  section  one. 
Section  3.  This  act  shall  take  full  effect  upon  the  de- 
positing in  the  office  of  the  state  secretary  within  one  year 
after  its  effective  date  of  a  suitable  plan  of  the  tracts  of  land 
described  in  section  one,  but  not  otherwise. 

Approved  June  7,  1943. 

An  Act  granting  the  consent  of  the  commonwealth  ChapAbS 

TO  THE  acquisition  BY  THE  UNITED  STATES  OF  AMERICA 
OF  CERTAIN  LANDS  IN  THE  CITY  OF  BOSTON  FOR  THE  PUR- 
POSE OF  A  COAST  GUARD  BASE  IN  BOSTON  HARBOR,  GRANT- 
ING TO  THE  UNITED  STATES  OF  AMERICA  THE  RIGHT,  TITLE 
AND  INTEREST  OF  THE  COMMONWEALTH  IN  AND  TO  CER- 
TAIN LAND  COVERED  BY  NAVIGABLE  WATER  ADJACENT 
THERETO,  AND  GRANTING  AND  CEDING  JURISDICTION  OVER 
SUCH   LANDS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  which  is  to  provide  land  for  the  immedi-  p'"*'^™ 
ate  construction  of  a  coast  guard  base  in  Boston  harbor  for 
the  purposes  of  national  defense;   therefore  it  is  hereby  de- 
clared to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  safety. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  consent  of  the  commonwealth  is  hereby 
granted  to  the  acquisition  by  the  United  States  of  America 
by  purchase  or  condemnation  for  use  as  a  Coast  Guard  Base 
in  Boston  Harbor  in  the  city  of  Boston  of  a  certain  tract  of 
land  situated  in  said  city  bounded  and  described  as  follows :  — 

Beginning  at  a  point  at  the  most  southeasterly  corner  of 
said  tract,  said  point  being  in  the  boundary  line  of  the  prop- 
erty of  the  Quincy  Market  Cold  Storage  and  Warehouse 
Company  at  its  intersection  with  the  head  of  the  dock  be- 
tween Battery  and  Constitution  Wharves  and  distant  236 
feet  northeasterly  from  the  northeasterly  side  line  of  Com- 
mercial street,  thence  N  41°  28'  03"  W  233.24  feet  to  a  point; 
thence  N  65°  15'  43"  W  99.91  feet  to  a  point  in  the  south- 
easterly side  line  of  Hanover  street;  thence  N  24°  44'  17" 
E  52.04  feet  in  the  southeasterly  side  line  of  said  Hanover 
street  to  a  point;  thence  N  65°  52'  43"  W  62.76  feet  in  the 
northerly  end  of  said  Hanover  street  to  a  point;  thence  S  24° 
07'  17"  W  307.15  feet  in  the  northwesterly  side  hne  of  Han- 
over street  to  a  point  at  its  intersection  with  the  north- 
easterly side  line  of  Commercial  street;  thence  N  62°  43'  43" 
W  141.18  feet  in  the  northeasterly  side  line  of  said  Commer- 
cial street  to  a  point;  thence  N  29°  16'  37"  E  75.06  feet  to  a 
point;  thence  S  62°  43'  03"  E  17.09  feet  to  a  point;  thence 
N  26°  38'  47"  E  183.07  feet  to  a  point;  thence  N  64°  44'  03" 
W  8.61  feet  to  a  point;  thence  N  25°  19'  07"  E  30.09  feet  to  a 
point;  thence  N  64°  15'  13"  W  31.89  feet  to  a  point;  thence 
S  26°  34'  27"  W  30.03  feet  to  a  point;  thence  N  60°  59'  03" 


576  Acts,  1943.  —  Chap.  458. 

W  40.67  feet  to  a  point;  thence  N  61°  26'  53"  W  10.00  feet 
to  a  point;  thence  N  29°  16'  27"  E  15.0  feet  to  a  point; 
thence  N  61°  29'  33"  W  10.10  feet  to  a  point ;  thence  N  60°  42' 
23"  W  166.61  feet  to  a  point  in  the  southeasterly  boundary 
Une  of  property  of  the  city  of  Boston,  called  North  End  park; 
thence  N  31°  14'  37"  E  472.43  feet  in  the  said  southeasterly 
boundary  line  of  property  of  said  city  of  Boston  to  a  point; 
thence  N  82°  00'  17"  E  87.94  feet  to  a  point;  thence  S  59°  17' 
53"  E  168.75  feet  to  a  point;  thence  S  29°  32'  57"  W  100.02 
feet  to  a  point;  thence  S  59°  17'  53"  E  84.91  feet  to  a  point; 
thence  S  51°  14'  33"  E  68.67  feet  to  a  point;  thence  S  59° 
19'  23"  E  65.67  feet  to  a  point;  thence  S  61°  52'  23"  E  127.83 
feet  to  a  point;  thence  S  48°  58'  33"  E  218.36  feet  to  a  point; 
thence  S  25°  10'  03"  E  97.22  feet  to  a  point;  thence  S  48° 
31'  57"  W  405.43  feet  to  the  point  of  beginning,  containing 
400,957  square  feet  more  or  less. 

Section  2.  For  the  purpose  of  enabling  the  United  States 
of  America  to  extend  the  limits  of  the  areas  to  be  acquired  for 
the  Coast  Guard  Base  described  in  section  one  the  common- 
wealth, subject  to  the  conditions  hereinafter  imposed,  hereby 
grants  and  cedes  to  the  United  States  of  America  any  and  all 
right,  title  and  interest  which  the  commonwealth  may  have 
in  and  to  that  portion  of  the  areas  described  in  section  one 
which  lies  below  low  water  line  and  further  grants  and  cedes 
to  the  United  States  of  America  all  right,  title  and  interest  of 
the  commonwealth  to  certain  lands  covered  by  navigable 
waters  outboard  of  said  land  described  in  section  one  and  be- 
tween said  land  and  the  pierhead  and  bulkhead  line  approved 
by  the  secretary  of  war  April  twenty-fourth,  nineteen  hun- 
dred and  forty,  and  more  particularly  bounded  and  described 
as  follows :  — 

Beginning  at  a  point  at  the  southeasterly  corner  of  said 
lands  said  point  being  the  northeasterly  corner  of  the  tract 
described  in  section  one;  thence  N  25°  10'  03"  W  97.22  feet 
to  a  point;  thence  N  48°  58'  33"  W  218.36  feet  to  a  point; 
thence  N  61°  52'  23"  W  127.83  feet  to  a  point;  thence 
N  59°  19'  23"  W  65.67  feet  to  a  point;  thence  N  51°  14' 
33"  W  68.67  feet  to  a  point;  thence  N  59°  17'  53"  W  84.91 
feet  to  a  point;  thence  N  29°  32'  57"  E  100.02  feet  to  a 
point;  thence  N  59°  17'  53"  W  168.75  feet  to  a  point;  thence 
S  82°  00'  17"  W  87.94  feet  to  a  point;  thence  N  31°  14' 
37"  E  5.3  feet  more  or  less  to  a  point  in  the  United  States  Pier- 
head and  Bulkhead  line  approved  by  the  secretary  of  war 
April  twenty-fourth,  nineteen  hundred  and  forty;  thence 
N  81°  39'  00"  E  160.33  feet  more  or  less  in  said  Pierhead  and 
Bulkhead  line  to  a  point  marked  0';  thence  S  59°  34'  35"  E 
561.3  feet  in  said  Pierhead  and  Bulkhead  line  to  a  point 
marked  N'  thence  S  20°  49'  02"  E  280.85  feet  more  or  less  in 
said  Pierhead  and  Bulkhead  line  to  a  point;  thence  S  48°  31' 
57"  W  80.7  feet  more  or  less  to  the  point  of  beginning, 
containing  104,930  square  feet  more  or  less. 

The  areas  hereinbefore  described  are  shown  on  a  plan  en- 
titled "Constitution  Wharf  Boston  —  Mass.    Detailed  Prop- 


Acts,  1943.  —  Chap.  459.  577 

erty  Limit  Survey  United  States  Coast  Guard  Engineering 
First  Naval  District  —  Boston,  Mass.  V.  C.  Gibson  Lieut. 
Comdr.  M.  R.  Daniels  Captain  in  Coast  Guard  Eng.  Office 
Scale  60'  =  1"  Jan.  7,  1943  Drawing  No.  1644." 

Section  3.  Jurisdiction  over  the  above  described  lands  is 
hereby  granted  and  ceded  to  the  United  States  of  America, 
but  upon  the  express  condition  that  the  commonwealth  shall 
retain  concurrent  jurisdiction  with  the  United  States  of 
America  in  and  over  said  lands,  in  so  far  that  all  civil  proc- 
esses, and  such  criminal  processes  as  may  issue  under  the 
authority  of  the  commonwealth  against  any  person  or  per- 
sons charged  with  crimes  committed  without  said  lands  and 
all  processes  for  collection  of  taxes  levied  under  authority  of 
the  laws  of  the  commonwealth,  including  the  service  of  war- 
rants, may  be  executed  thereon  in  the  same  manner  as  though 
this  cession  had  not  been  granted;  provided,  that  the  right, 
title  and  interest  to  and  in  the  lands  covered  by  navigable 
waters  described  in  section  two  and  the  exclusive  jurisdic- 
tion in  and  over  the  lands  described  in  section  one  and  sec- 
tion two  shall  revert  to  and  revest  in  the  commonwealth 
whenever  such  areas  shall  cease  to  be  used  for  the  purposes 
set  forth  in  section  one. 

Section  4.  The  United  States  of  America  is  hereby  au- 
thorized to  fill  said  ceded  areas  and  to  place  such  structures 
in  or  over  said  areas  as  may  be  necessary  for  the  purpose  for 
which  the  same  are  granted,  in  accordance  with  plans  to  be 
filed  with  and  approved  by  the  state  department  of  public 
works. 

Section  5.  This  act  shall  take  full  effect  upon  the  depos- 
iting in  the  office  of  the  state  secretary  within  one  year  from 
its  effective  date  of  a  suitable  plan  of  the  lands  described  in 
section  one  and  section  two,  but  not  otherwise. 

Approved  June  7,  1943. 


An  Act  relative  to  the  registration  of  certain  foreign  ChavA59 
corporations,  and  to  the  taxation  of  certain  domes- 
tic   AND    foreign    business    AND    MANUFACTURING    COR- 
PORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  thirty  of  chapter  sixty-three  of  the  g.  l.  (Ter. 
General  Laws,  as  amended,  is  hereby  further  amended  by  ^tc'! 'amended. 
striking  out  paragraph  2,  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following  para- 
graph :  — 

2.  "Foreign  corporations",  every  corporation,  association  "Foreign 
or  organization  established,  organized  or  chartered  under  defin°e'd.  '°"'^ 
laws  other  than  those  of  the  commonwealth,  for  purposes  for 
which  domestic  corporations  may  be  organized  under  chapter 
one  hundred  and  fifty-six,  which  has  a  usual  place  of  business 
in  this  commonwealth,  or  is  engaged  here,  permanently  or 
temporarily,  in  the  construction,  erection,  alteration  or  repair 


578 


Acts,  1943.  —  Chap.  459. 


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


Value  of  cor- 
porate excess 
in  certain 
cases,  how 
determined. 


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


Date  for 
determining 
value  of  cor- 
porate excess. 


G.  L.  (Ter. 
Ed.),  181,  §  3, 
amended. 


Commissioner 
t3  be  appointed 
attorney  for 
service  of 
process. 


of  a  building,  bridge,  railroad,  railway  or  structure  of  any- 
kind,  or  in  the  construction  or  repair  of  roads,  highways 
or  waterways,  or  in  any  other  activity  requiring  the  perform- 
ance of  labor;  provided,  that  said  term  shall  not  apply  to 
such  corporations,  associations  or  organizations  without 
capital  stock  as  are  subject  to  taxation  under  section  eighteen 
of  chapter  one  hundred  and  fifty-seven,  or  to  foreign  manu- 
facturing corporations  as  defined  in  section  forty-two  B. 

Section  2.  Said  section  thirty,  as  amended,  is  hereby 
further  amended  by  striking  out  the  paragraph  appearing 
in  section  three  of  chapter  fifty-eight  of  the  acts  of  nineteen 
hundred  and  thirty-three  and  inserting  in  place  thereof  the 
following  paragraph :  — 

If  by  reason  of  recent  organization,  or  otherwise,  the  cor- 
poration is  not  required  to  make  to  the  commissioner  a  re- 
turn of  net  income  for  a  taxable  year,  the  value  of  the  cor- 
porate excess  or  the  value  of  such  of  the  corporation's  tangible 
property  situated  in  the  commonwealth  as  is  not  subject  to 
local  taxation  nor  taxable  under  section  sixty-seven  shall  be 
determined  as  of  the  first  day  of  April  of  the  year  in  which 
the  tax  is  to  be  assessed. 

Section  3.  Said  section  thirty,  as  amended,  is  hereby 
further  amended  by  striking  out  the  last  paragraph,  inserted 
by  section  one  of  chapter  two  hundred  and  thirty-seven  of  the 
acts  of  nineteen  hundred  and  thirty-four,  and  inserting  in 
place  thereof  the  following  paragraph :  — 

If  by  reason  of  recent  organization,  or  otherwise,  the  cor- 
poration is  not  required  to  make  to  the  commissioner  a  return 
of  net  income  for  a  taxable  year,  the  value  of  the  corporate 
excess  employed  in  this  commonwealth  or  the  value  of  such 
of  the  corporation's  tangible  property  situated  in  the  com- 
monwealth as  is  not  subject  to  local  taxation  nor  taxable 
under  section  sixty-seven  shall  be  determined  as  of  the  first 
day  of  April  of  the  year  in  which  the  tax  is  to  be  assessed. 

Section  4.  Chapter  one  hundred  and  eighty-one  of  the 
General  Laws  is  hereby  amended  by  striking  out  section  three, 
as  appearing  in  the  Tercentenary  Edition,  and  inserting  in 
place  thereof  the  following  section :  —  Section  3.  Every  for- 
eign corporation,  which  has  a  usual  place  of  business  in  this 
commonwealth,  or  owns  real  property  therein  without  hav- 
ing such  a  usual  place  of  business,  or  which  is  engaged  therein, 
permanently  or  temporarily,  and  with  or  without  a  usual 
place  of  business  therein,  in  the  construction,  erection,  altera- 
tion or  repair  of  a  building,  bridge,  railroad,  railway  or  struc- 
ture of  any  kind,  or  in  the  construction  or  repair  of  roads, 
highways  or  waterways,  or  in  any  other  activity  requiring 
the  performance  of  labor,  shall,  before  doing  business  in  this 
commonwealth,  in  writing  appoint  the  commissioner  and  his 
successor  in  office  to  be  its  true  and  lawful  attorney  upon 
whom  all  lawful  processes  in  any  action  or  proceeding  against 
it  may  be  served,  and  in  such  writing  shall  agree  that  any 
lawful  process  against  it  which  is  served  on  said  attorney 
shall  be  of  the  same  legal  force  and  validity  as  if  served  on 


Acts,  1943.  —  Chap.  460.  579 

the  corporation,  and  that  the  authority  shall  continue  in 
force  so  long  as  any  liability  remains  outstanding  against  the 
corporation  in  this  commonwealth.  The  power  of  attorney 
and  a  copy  of  the  vote  authorizing  its  execution,  duly  certified 
and  authenticated,  shall  be  filed  in  the  office  of  the  commis- 
sioner, and  copies  certified  by  him  shall  be  sufficient  evidence 
thereof.  Service  of  such  process  shall  be  made  by  leaving  a 
copy  of  the  process  with  a  fee  of  two  dollars  in  the  hands  of 
the  commissioner,  or  of  his  deputy  or  second  deputy  when 
acting  under  section  six  of  chapter  fourteen  or  in  the  office  of 
the  commissioner,  and  such  sei'vice  shall  be  sufficient  service 
upon  the  corporation.  Approved  June  7,  1943. 


An  Act  granting  the  consent  of  the  commonwealth  Chap. 4^0 

TO  THE  acquisition  P.Y  THE  UNITED  STATES  OF  AMERICA 
OVER  CERTAIN  LANDS  FOR  USE  AS  MILITARY  RESERVA- 
TIONS AND  GRANTING  AND  CEDING  JURISDICTION  OVER 
SUCH    LANDS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  conditions  hereinafter  imposed 
the  consent  of  the  commonwealth  is  hereby  granted  to  the 
acquisition  by  the  United  States  of  America  of  the  following 
described  parcels  of  land  for  use  by  the  War  Department  as 
military  reservations  and  to  the  acquisition  on  or  before  De- 
cember thirty-first,  nineteen  hundred  and  forty-four,  of  such 
additional  parcels  of  land  as  may  be  necessary  for  use  in  con- 
nection with  such  reservations. 

1.  All  that  certain  piece  or  parcel  of  land,  together  with 
the  improvements  if  any  thereon,  situated  in  the  town  of 
Fairhaven,  county  of  Bristol  and  commonwealth  of  Massachu- 
setts, located  at  the  southerly  end  of  a  larger  tract  of  land 
owned  by  the  Fairhaven  West  Island  Company  and  known 
as  West  Island,  and  bounded  and  described  as  follows:  — 

Beginning  at  a  stake  located  at  a  new  division  line  through 
the  land  of  the  said  Fairhaven  West  Island  Company,  the 
co-ordinates  of  which  stake  referred  to  U.  S.  Engineer  De- 
partment Station  "West  Island  Army"  (1934)  as  the  zero 
of  co-ordinates,  are  north  39.75  feet,  west  30.32  feet;  thence 
by  the  said  new  division  line  through  the  land  of  the  said 
Fairhaven  West  Island  Company  south  52  degrees  40  min- 
utes west  about  676  feet  to  Buzzards  bay;  thence  by  the 
said  Buzzards  bay  about  2,240  feet  in  a  general  southeasterly 
and  northerly  direction  around  the  southerly  tip  of  the  said 
West  Island  to  the  new  division  line  through  the  land  of  the 
Fairhaven  West  Island  Company;  thence  by  the  said  new 
division  line  south  52  degrees  40  minutes  west  about  738 
feet  to  the  stake  at  the  point  or  place  of  beginning  and  con- 
taining 14.20  acres  of  land,  more  or  less,  being  more  particu- 
larly shown  and  described  on  the  plan  to  be  filed  with  the 
state  secretary,  as  hereinafter  provided,  and  being  the  same 
premises  acquired  by  the  United  States  by  judgment  dated 


580  Acts,  1943.  —  Chap.  460. 

December  twenty-second,  nineteen  hundred  and  forty-one, 
on  the  declaration  of  taking  in  the  condemnation  proceeding 
entitled  United  States  of  America  v.  14.20  acres  of  land,  more 
or  less,  situate  in  Bristol  county,  state  of  Massachusetts,  and 
Fair  Haven  West  Island  Company  (Misc.  Civil  No.  6451), 
filed  December  twenty-second,  nineteen  hundred  and  forty- 
one,  in  the  District  Court  of  the  United  States  for  the  dis- 
trict of  Massachusetts. 

2.  All  that  certain  piece  or  parcel  of  land,  consisting  of 
two  tracts,  together  with  the  improvements  if  any  thereon, 
situated  in  the  town  of  Gay  Head,  countj^  of  Dukes  County, 
commonwealth  of  Massachusetts,  being  a  portion  of  tracts 
formerly  owned  by  the  county  of  Dukes  County  and  .the 
town  of  Gay  Head,  bounded  and  described  as  follows: 

Tract  A^o.  1.  Beginning  at  a  point  marked  by  a  Massa- 
chusetts highway  bound,  the  co-ordinates  of  which  bound 
referred  to  U.  S.  Engineer  Department  Station  Gay  Head 
as  the  zero  of  co-ordinates,  are  south  199.8  feet  and  east 
71.2  feet;  thence  by  the  westerly  side  of  the  Massachusetts 
state  highway  north  30  degrees  07  minutes  15  seconds  east 
296.3  feet  to  a  corner;  thence  by  other  land  belonging  to 
the  county  of  Dukes  County  north  34  degrees  07  minutes 
west  164.5  feet  to  a  corner;  thence  by  the  common  land 
belonging  to  the  town  of  Gaj'-  Head  south  30  degrees  27 
minutes  west  297  feet  to  a  stone  bound  at  a  corner;  thence 
by  land  belonging  to  the  estate  of  E.  D.  Vanderhoop  south 
34  degrees  36  minutes  east  165.8'feet  to  the  Massachusetts 
highway  bound  at  the  point  or  place  of  beginning  and  con- 
taining 1.02  acres  of  land,  more  or  less.  Being  a  portion  of 
a  larger  tract  of  land,  all  of  which  was  formerly  owned  by 
the  count}'  of  Dukes  County. 

Tract  No.  2.  Beginning  at  a  stone  bound  located  at  the 
northwesterly  corner  of  the  land  hereinbefore  described  as 
tract  No.  1 ;  thence  by  other  common  land  belonging  to  the 
town  of  Gay  Head  north  34  degrees  36  minutes  west  515  feet, 
more  or  less,  to  Vinej^ard  sound;  thence  by  the  said  Vine- 
yard sound  276  feet,  more  or  less,  in  a  general  northeasterly 
direction  to  a  point;  thence  by  other  common  land  belong- 
ing to  the  town  of  Gay  Head  south  34  degrees  07  minutes 
east  about  385  feet  to  a  corner  of  land  belonging  to  the 
councy  of  Dukes  County;  thence  by  the  said  land  belonging 
to  the  county  of  Dukes  County  south  30  degrees  27  minutes 
west  297  feet  to  the  stone  bound  at  the  point  or  place  of  be- 
ginning and  containing  2.8  acres  of  land,  more  or  less.  Being 
a  portion  of  a  larger  tract  of  common  land,  all  of  which  was 
formerly  owned  by  the  town  of  Gay  Head,  being  more  par- 
ticularly shown  and  described  on  the  plan  to  be  filed  with 
the  state  secretary,  as  hereinafter  provided,  and,  being  the 
same  premises  acquired  by  the  United  States  by  a  declara- 
tion of  taking  dated  February  fourth,  nineteen  hundred  and 
forty-two,  in  the  condemnation  proceeding  entitled  United 
States  of  America  v.  Certain  lands  situate  in  Dukes  County, 
state  of  Massachusetts,  and  county  of  Dukes,  et  al.  (Misc. 


Acts,  1943.  —  Chap.  460.  581 

Civil  No.  6470),  filed  February  eleventh,  nineteen  hundred 
and  forty-two,  in  the  United  States  District  Court  in  and 
for  the  district  of  Massachusetts. 

3.  A  certain  piece  or  parcel  of  land  situated  at  Strawberry 
Point,  town  of  Scituate,  county  of  Plymouth,  commonwealth 
of  Massachusetts,  bounded  and  described  as  follows : 

Beginning  at  a  point  located  at  the  northwesterly  corner 
of  said  parcel  thence  south  77  degrees  17  minutes  52  seconds 
east  83.75  feet  to  a  point;  thence  on  a  curve  to  the  right 
having  a  radius  of  176.77  feet  24.84  feet  to  a  point  at  the 
northeasterly  corner  of  said  parcel;  thence  south  36  degrees 
30  minutes  west  342.12  feet  to  a  point  at  the  southeasterly 
corner  of  said  parcel;  thence  north  53  degrees  30  minutes 
west  100  feet  to  a  point  at  the  southwesterly  corner  of  said 
parcel;  thence  north  36  degrees  30  minutes  east  299.92  feet 
to  the  point  of  beginning,  and  containing  0.74  of  an  acre  of 
land,  more  or  less,  being  more  particularly  show^n  and  de- 
scribed on  the  plan  to  be  filed  with  the  state  secretary,  as 
hereinafter  provided,  and  being  the  same  premises  acquired 
by  the  United  States  by  a  declaration  of  taking  dated  Feb- 
ruary twenty-eighth,  nineteen  hundred  and  forty,  in  the  con- 
demnation proceeding  entitled  United  States  of  America  v. 
0.74  of  an  acre  of  land  and  rights  of  way  situate  in  Plymouth 
county,  commonwealth  of  Massachusetts,  and  The  Glades 
Association,  et  al.  (Misc.  Civil  No.  6237),  filed  on  March 
fourteenth,  nineteen  hundred  and  forty,  in  the  District  Court 
of  the  United  States  in  and  for  the  district  of  Massachusetts. 

4.  All  that  certain  piece  or  parcel  of  land,  situated  in  the 
village  of  Brant  Rock,  town  of  Marshfield,  county  of  Plym- 
outh and  commonwealth  of  Massachusetts,  bounded  and  de- 
scribed as  follows: 

Beginning  at  an  iron  pipe  driven  in  the  ground  marking 
the  northwesterly  corner  of  said  tract,  and  the  southwesterly 
corner  of  land  of  Julia  A.  Bates,  said  beginning  point  being 
located  at  the  southeasterly^  corner  of  South  street;  thence 
by  land  of  said  Bates  north  62  degrees  36  minutes  30  seconds 
east  164.45  feet  to  a  chiselled  cross  on  a  concrete  sea  wall, 
said  point  bearing  south  43  degrees  14  minutes  00  seconds 
east  56.28  feet  from  a  U.  S.  C.  &  G.  S.  plug  marked  "Brant 
Rock  Sea  Wall  Datum"  set  in  said  sea  wall;  thence  along 
said  sea  wall  south  2  degrees  05  minutes  30  seconds  east 
141.00  feet  to  a  second  chiselled  cross  on  said  sea  wall,  said 
cross  marking  the  northeasterly  corner  of  land  of  one  Bald- 
win; thence  by  said  Baldwin  land  south  77  degrees  00  min- 
utes 00  seconds  west  42.22  feet  to  a  stake  set  in  the  ground, 
and  south  13  degrees  22  minutes  30  seconds  east  44  feet  to  a 
stake  set  in  the  ground  at  the  northeasterly  corner  of  a  pas- 
sageway, thence  in  the  northwesterly  boundary  line  of  said 
passageway  on  the  following  courses  and  distances;  south 
71  degrees  01  minutes  30  seconds  west  15.08  feet  along  a 
fence  to  an  angle  in  said  fence,  south  58  degrees  56  minutes 
30  seconds  west  20.40  feet  to  a  second  angle  in  said  fence, 
and  south  67  degrees  23  minutes  24  seconds  west  14.47  feet 


582  Acts,  1943.  —  Chap.  460. 

to  a  third  angle  in  said  fence ;  said  point  marking  the  south- 
easterly corner  of  land  of  one  Goddard;  thence  by  land  of 
said  Goddard  north  16  degrees  12  minutes  00  seconds  west 
35.90  feet  to  a  stake  set  in  the  ground,  and  south  73  degrees 
30  minutes  15  seconds  west  43.92  feet  to  a  post,  said  post 
marking  the  southeasterly  corner  of  land  of  one  Freeman; 
thence  by  land  of  said  Freeman  north  16  degrees  23  minutes 
15  seconds  west  46.70  feet  to  a  stake  marking  the  northeast- 
erly corner  of  said  Freeman  land  and  the  southeasterly 
corner  of  land  of  one  Nasser;  thence  by  land  of  said  Nasser 
north  8  degrees  00  minutes  45  seconds  west  72.94  feet  to 
the  point  of  beginning.  Containing  0.47  of  an  acre  of  land, 
more  or  less,  being  more  particularly  shown  and  described  on 
the  plan  to  be  filed  with  the  state  secretary,  as  hereinafter  pro- 
vided, and  being  the  same  premises  acquired  by  the  United 
States  by  a  declaration  of  taking  dated  January  nineteenth, 
nineteen  hundred  and  forty-two,  in  the  condemnation  pro- 
ceeding entitled  United  States  of  America  v.  0.47  of  an  acre 
of  land,  more  or  less,  situate  in  Plymouth  county,  state  of 
Massachusetts,  and  James  F.  Flynn,  et  al,  filed  February 
seventh,  nineteen  hundred  and  forty-two,  in  the  United  States 
District  Court  in  and  for  the  district  of  Massachusetts. 

5.  All  that  certain  piece  or  parcel  of  land,  situated  in 
the  town  of  Manchester,  county  of  Essex,  Massachusetts, 
bounded  and  described  as  follows: 

Beginning  at  a  point  on  the  boundary  between  the  prop- 
erties of  Robert  T.  Paine,  2nd,  and  F.  Goldthaite  Sherrill 
147.83  feet  south  9  degrees  09  minutes  east  from  a  stone 
bound,  marking  respectively  the  northeast  and  northwest 
corners  of  said  properties ;  thence  along  said  boundary  south 
9  degrees  09  minutes  east  for  a  distance  of  100  feet;  thence 
south  80  degrees  51  minutes  west  for  a  distance  of  100  feet 
to  an  iron  pipe  set  in  the  ground;  thence  north  9  degrees 
09  minutes  west  for  a  distance  of  100  feet  to  a  drill  hole  in 
ledge;  thence  north  80  degrees  51  minutes  east  for  a  distance 
of  100  feet  to  the  point  of  beginning,  containing  ten  thousand 
square  feet  or  0.23  of  an  acre  of  land,  more  or  less,  being 
more  particularly  shown  and  described  on  the  plan  to  be  filed 
with  the  state  secretary,  as  hereinafter  provided,  and  being 
a  portion  of  the  same  premises  acquired  by  the  United  States 
by  a  declaration  of  taking  dated  December  twenty-sixth, 
nineteen  hundred  and  forty-one,  in  the  condemnation  pro- 
ceeding entitled  United  States  of  America  v.  0.28  acre  of 
land,  more  or  less,  situate  in  Essex  county,  state  of  Massa- 
chusetts, and  Robert  T.  Paine,  2nd,  et  al.  (Misc.  Civil  No. 
6479),  filed  February  fourth,  nineteen  hundred  and  forty-two, 
in  the  United  States  District  Court  in  and  for  the  district  of 
Massachusetts. 

6.  All  that  certain  piece  or  parcel  of  land  consisting  of  two 
tracts  situated  in  the  town  of  Gosnold,  county  of  Dukes 
County  and  commonwealth  of  Massachusetts,  bounded  and 
described  as  follows: 


Acts,  1943.  —  Chap.  460.  583 

Trad  No.  1 .  Beginning  at  the  northwesterly  corner  of  the 
said  tract,  the  co-ordinates  of  which,  referred  to  U.  S.  Engi- 
neer Department  Station  Cuttyhunk  (1934)  as  the  zero  of 
co-ordinates  are  north  29.94  feet  and  west  125.28  feet;  thence 
extending  north  64  degrees  32  minutes  30  seconds  east  216.32 
feet  through  the  land  of  the  Arden  Trust  to  the  northeasterly 
corner;  thence  south  36  degrees  03  minutes  20  seconds  east 
145.66  feet  through  the  land  of  the  said  Arden  Trust  to  the 
southeasterly  corner;  thence  south  64  degrees  48  minutes  40 
seconds  west  212.76  feet  to  the  southwesterly  corner;  thence 
north  37  degrees  30  minutes  25  seconds  west  145.37  feet  to  the 
place  of  beginning  and  containing  0.7  of  an  acre  of  land. 

Tract  J^o.  2.  Beginning  at  the  southeasterly  corner  of  the 
said  tract;  thence  south  50  degrees  00  minutes  west  300.00 
feet  through  the  land  of  the  said  Arden  Trust  to  the  south- 
westerly corner;  thence  north  40  degrees  00  minutes  west 
544.8  feet  to  the  northwesterly  corner;  thence  north  50  de- 
grees 00  minutes  east  300.00  feet  to  the  northeasterly  corner; 
thence  south  40  degrees  00  minutes  east  544.8  feet  to  the 
place  of  beginning,  and  containing  3.75  acres  of  land. 

Said  tracts  constituting  a  portion  of  a  larger  tract  of  land 
owned  by  the  Arden  Trust,  being  more  particularly  shown 
and  described  on  the  plan  to  be  filed  with  the  state  secretary, 
as  hereinafter  provided,  and  being  the  same  premises  ac- 
quired by  the  United  States  by  a  declaration  of  taking  dated 
January  third,  nineteen  hundred  and  forty-two,  in  the  con- 
demnation proceeding  entitled  United  States  of  America 
V.  4.45  acres  of  land,  more  or  less,  situate  in  Dukes  County, 
state  of  Massachusetts,  and  the  Arden  Trust,  Cornelius  E. 
Wood,  trustee,  et  al.  (Misc.  Civil  No.  6467),  filed  January 
twelfth,  nineteen  hundred  and  forty-two,  in  the  United  States 
District  Court  in  and  for  the  district  of  Massachusetts. 

Section  2.  Jurisdiction  over  the  above  described  lands  is 
hereby  granted  and  ceded  to  the  United  States  of  America, 
but  upon  the  express  condition  that  the  commonwealth  shall 
retain  concurrent  jurisdiction  with  the  United  States  of 
America  in  and  over  said  lands,  in  so  far  that  all  civil  proc- 
esses, and  such  criminal  processes  as  may  issue  under  the 
authority  of  the  commonwealth  against  any  person  or  per- 
sons charged  with  crimes  committed  without  said  lands  and 
all  processes  for  collection  of  taxes  levied  under  authority  of 
the  laws  of  the  commonwealth,  including  the  service  of  war- 
rants, may  be  executed  thereon  in  the  same  manner  as  though 
this  cession  had  not  been  granted;  provided,  that  the  juris- 
diction in  and  over  the  lands  above  described  shall  revert  to 
and  revest  in  the  commonwealth  whenever  such  areas  shall 
cease  to  be  used  for  the  purposes  set  forth  in  section  one ;  and 
provided,  further,  that  any  jurisdiction  over  public  rights  in 
navigable  waters  is  expressly  excluded  from  this  grant  and 
chapter  ninety-one  of  the  General  Laws  shall  apply  to  any 
encroachment,  filling  or  structure  placed  in  the  tide  waters  of 
the  commonwealth. 


584 


Acts,  1943.  —  Chap.  461. 


Section  3.  This  act  shall  take  full  effect  as  to  each  piece 
or  parcel  of  land  acquired  under  authority  of  section  one 
upon  the  depositing  in  the  office  of  the  state  secretary  before 
December  thirty-first,  nineteen  hundred  and  forty-four,  of  a 
suitable  plan  of  said  parcel,  but  not  otherwise. 

Approved  June  7,  19JfS. 


G.  L.  (Ter. 
Ed.),  61,  §  1, 
etc.,  amended. 


Classification 
of  forest  land. 

Election. 

Exception. 


ChapA61  An  Act  amending  the  law  relating  to  the  classifi- 
cation AND  TAXATION  OF  FOREST  LANDS  AND  FOREST 
PRODUCTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  one  of  chapter  sixty-one  of  the  Gen- 
eral Laws,  as  inserted  by  section  one  of  chapter  six  hundred 
and  fifty-two  of  the  acts  of  nineteen  hundred  and  forty-one, 
is  hereby  amended  by  striking  out  the  first  paragraph  and 
inserting  in  place  thereof  the  following  paragraph :  —  Except 
as  otherwise  hereinafter  provided,  all  forest  land,  not  used 
for  grazing  and  other  purposes  incompatible  with  forest  pro- 
duction, having  a  value  not  in  excess  of  twenty-five  dollars 
per  acre  for  land  and  growth  thereon,  shall  be  tentatively 
listed  by  the  assessors  as  classified  forest  land;  provided, 
that  the  owner,  by  written  notification  filed  with  the  asses- 
sors within  thirty  days  after  he  has  been  notified  that  the 
land  has  been  listed  as  classified  forest  land  as  hereinafter 
provided,  may  elect  not  to  have  his  land  so  classified,  and 
in  such  event  such  land  shall  continue  to  be  assessed  under 
chapter  fifty-nine  and  not  under  this  chapter;  and,  except 
upon  written  request  of  the  owner,  such  land  shall  not  there- 
after be  listed  as  classified  forest  land  until  a  new  owner  shall 
have  taken  title  to  it.  Upon  such  request,  or  upon  change 
of  ownership,  such  land,  if  conforming  to  the  requirements 
of  this  section,  shall,  in  the  year  next  subsequent  to  such 
election  or  such  change  of  ownership,  as  the  case  may  be, 
again  be  listed  as  classified  forest  land;  provided,  that,  in 
the  case  of  land  the  title  to  which  is  held  by  a  new  owner, 
such  listing  shall  be  subject  to  the  right  of  the  new  owner,  to 
elect,  in  the  manner  herein  provided,  not  to  have  such  land 
so  classified.  For  the  purposes  of  this  section,  the  phrase 
"new  owner"  shall  include  a  person  taking  land  by  inherit- 
ance or  devise.  If  after  such  listing  and  notification  by  the 
assessors  the  owner  does  not  exercise  his  right  of  election  as 
herein  provided,  the  land  tentatively  listed  as  classified  forest 
land  shall  be  deemed  to  be  classified  forest  land  as  of  Janu- 
ary first  in  the  year  of  classification  and  shall  thereafter 
continue  as  such  until  withdrawn  as  provided  in  section  six. 
Classified  forest  land  shall  be  exempt  from  taxation  under 
chapter  fifty-nine  but  shall  be  subject  to  the  taxes  provided 
in  section  two  of  this  chapter.  Buildings  and  other  struc- 
tures, and  the  land  on  which  they  are  erected  and  necessary 
for  their  use,  shall  be  excluded  from  the  classified  forest  land. 


Acts,  1943. —  Chap.  461. 


585 


If  a  single  parcel  or  tract  of  land  consists  in  part  of  forest 
land  and  in  part  of  other  land,  the  portion  consisting  of  forest 
land,  if  it  comprises  at  least  ten  acres  in  area  and  otherwise 
conforms  to  the  requirements  of  this  section  shall,  upon  elec- 
tion and  on  the  conditions  hereafter  provided,  be  listed  as 
classified  forest  land  and  the  remainder  of  the  tract  shall  be 
subject  to  taxation  under  chapter  fifty-nine.  Such  election 
shall  be  filed  in  writing  by  the  owner  or  owners  of  record  in 
the  month  of  January  and  shall  contain  a  description  of  the 
forested  area  and  of  the  unforested  area  sufiicient  for  identi- 
fication of  each  area. 

Section  2.  Section  two  of  said  chapter  sixty-one,  as  so  g.  l.  (Ter. 
appearing,  is  hereby  amended  by  striking  out  the  second  ^tc"! 'amended. 
schedule  and  all  preceding  such  schedule  and  inserting  in 
place  thereof  the  following :  —  The  following  terms  shall 
have  the  following  meanings  when  used  in  this  chapter: 
"Forest  products",  wood,  timber  and  all  other  tree  or  for- 
est growth.  "Stumpage  value",  value  immediately  prior  to 
severance.    "Cut",  severed  or  taken  from  the  soil. 

The  owner  of  classified  forest  land  shall  pay  a  products  Taxation  of 
tax  of  such  percentage  of  the  stumpage  value  of  all  forest  forSffalds. 
products  cut  therefrom  as  is  set  forth  in  the  following  sched- 
ule; provided,  that  the  owner  may  annually  cut,  free  of  tax, 
forest  products  from  such  land  for  his  own  use  or  for  the  use 
of  a  tenant  of  said  land,  not  exceeding  twenty-five  dollars  in 
stumpage  value. 


Schedule.     Forest  Products  Cut  from  Land  Classified: 


In  the  year  of  classification 

In  the  first  year  following  such  year   . 

In  the  second  year  following  such  year 

In  the  third  year  following  slich  year 

In  the  fourth  year  following  such  year 

In  the  fifth  year  following  such  year  and  thereafter 


Per  Cent. 
1 
2 
3 
4 
5 
6 


The  owner  shall  annually  before  May  first  make  a  return,  Annual  reports 
under  the  penalties  of  perjury,  in  such  form  as  shall  be  ap-  "tc!""^^'^  ""*' 
proved  by  the  commissioner,  setting  forth  the  amount  of 
forest  products  cut  from  classified  forest  land  during  the 
then  preceding  year  and  such  other  information  as  may  be 
required  for  assessment  of  the  foregoing  tax.  On  the  basis 
of  such  return  or  any  other  available  information  the  asses- 
sors shall  assess  such  tax.  The  owner  shall  also  pay  annually 
a  land  tax  upon  an  adjusted  valuation  as  hereinafter  pro- 
vided at  the  rate  determined  for  the  taxation  of  property 
under  chapter  fifty-nine.  The  adjusted  valuation  of  classi- 
fied forest  land  shall  be  the  percentage  of  the  full  value  of 
the  land,  including  the  growth  thereon,  as  of  January  first 
of  each  year,  set  forth  in  the  following  schedule;  provided, 
that  in  no  year  shall  such  adjusted  valuation  be  less  than  the 
lesser  of  (a)  or  (6)  of  this  paragraph;  and  provided,  further, 


586 


Acts,  1943.  —  Chap.  462. 


that  in  the  sixth  year  following  the  year  of  classification,  and 
thereafter,  the  adjusted  valuation  shall  be  the  lesser  of  said 
(a)  or  (6): 

(a)  Five  dollars  per  acre, 

(6)  The  full  value  of  the  land  including  the  growth  thereon. 


G.  L.  (Ter. 
Ed.),  61,  §  6, 
etf.,  amended. 


Withdrawal 
of  land  from 
classification. 


Land  classified 
prior  to  act. 


Effective  date. 


Scliedule. 

Per  Cent. 
In  the  year  of  classification  and  the  first  year  following  such  year  .  75 
In  the  second  and  third  years  following  the  year  of  classification  .  50 
In  the  fourth  and  fifth  years  following  the  year  of  classification       .     25 

Section  3.  Section  six  of  said  chapter  sixty-one,  as  so 
appearing,  is  hereby  amended  by  striking  out  in  the  third 
line  the  words  "wood  or  timber"  and  inserting  in  place 
thereof:  —  forest  products,  —  so  that  the  first  sentence  of 
said  section  shall  read  as  follows:  —  When  in  the  judgment 
of  the  assessors  classified  forest  land  has  become  more  valu- 
able for  other  uses  than  the  production  of  forest  products,  or 
when  such  land  shall  be  used  for  purposes  inconsistent  with 
forest  production,  they  shall  on  or  before  December  first 
notify  the  owner  of  their  intention  to  withdraw  said  land 
from  the  operation  of  this  chapter  on  the  following  January 
first  and  shall  give  the  owner  an  opportunity  to  be  heard 
upon  his  written  request  made  within  ten  days  of  the  date 
of  such  notice. 

Section  4.  Land  heretofore  classified  as  forest  land 
under  any  provision  of  chapter  sixty-one  of  the  General 
Laws,  as  inserted  by  section  one  of  chapter  six  hundred  and 
fifty-two  of  the  acts  of  nineteen  hundred  and  forty-one,  shall 
continue  as  classified  forest  land  irrespective  of  its  area,  but 
shall  otherwise  be  subject  to  the  provisions  of  said  chapter 
sixty-one  as  amended  by  this  act. 

Section  5.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  forty-four. 

Approved  June  7,  1943. 


ChapAQ2  An  Act  amending  certain  provisions  of  the  standard 

fire  insurance  policy. 


G.  L.  (Ter. 
Ed.),  175,  §  99, 
etc.,  amended. 


Standard  form 
of  fire  policy. 


Be  it  enacted,  etc.,  as  follows: 

Section  ninety-nine  of  chapter  one  hundred  and  seventy- 
five  of  the  General  Laws,  as  amended,  is  hereby  further 
amended  by  striking  out  the  paragraph  of  the  standard  form 
appearing  in  the  fourteenth  to  the  twenty-third  lines,  in- 
clusive, of  said  form,  and  inserting  in  place  thereof  the  fol- 
lowing paragraph :  — 

Said  property  is  insured  for  the  term  of 
beginnmg  on  the  day  of  ,  in  the 

year  nineteen  hundred  and  ,  at  noon,  and 

continuing  until  the  day  of  ,  in 

the  year  nineteen  hundred  and  ,   at  noon, 

against  all  loss  or  damage  by  fire  originating  from  any 
cause,  except  that  this  company  shall  not  be  liable  for  loss 


Acts,  1943.  —  Chaps.  463,  464.  587 

by  fire  or  other  perils  insured  against  in  this  poHcy  caused 
directly  or  indirectly  by:  (a)  enemy  attack  by  armed 
forces,  including  action  taken  by  military,  naval  or  air 
forces  in  resisting  an  actual  or  an  immediately  impending 
enemy  attack;  (6)  invasion;  (c)  insurrection;  (d)  rebellion; 
(e)  revolution;  (/)  civil  war;  (g)  usurped  power;  (h)  order 
of  any  civil  authority  except  acts  of  destruction  at  the  time 
of  and  for  the  purpose  of  preventing  the  spread  of  fire,  pro- 
vided that  such  fire  did  not  originate  from  any  of  the  perils 
excluded  by  this  policy;  (i)  neglect  of  the  insured  to  use  all 
reasonable  means  to  save  and  preserve  the  property  at  and 
after  a  loss,  or  when  the  property  is  endangered  by  fire  in 
neighboring  premises;  (j)  nor  shall  this  company  l3e  liable 
for  loss  by  theft;  the  amount  of  said  loss  or  damage  to  be 
estimated  according  to  the  actual  value  of  the  insured  prop- 
erty at  the  time  when  such  loss  or  damage  happens,  but  not 
to  include  loss  or  damage  caused  by  explosions  of  any  kind 
unless  fire  ensues,  and  then  to  include  that  caused  by  fire 
only.  ,  Approved  June  7,  1943. 


ChapAQS 


An  Act  relative  to  the  disposition  by  counties  of 
revenue  received  from  federal  \vildlife  refuges 
situated  therein. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  thirty-one  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  inserting  after  section  ninety-seven,  f 97A,^idded!' 
as  appearing  in  section  two  of  chapter  five  hundred  and 
ninety-nine  of  the  acts  of  nineteen  hundred  and  forty-one, 
the  following  section :  —  Section  97 A .    All  moneys  received  Disposition 
by  any  county  from  the  federal  government  by  reason  of  ^eceiveFfrom 
the  establishment  and  maintenance  therein  of  federal  wild-  emmeLt"''' 
life  refuges  under  said  migratory  bird  conservation  act,  so 
called,  shall  be  payable  to  the  municipality  or  municipalities 
within  which  such  refuge  is  situated.     Within  thirty  days 
after  the  receipt  by  a  county  of  such  moneys  from  the  fed- 
eral government,  the  county  treasurer  thereof  shall  deter- 
mine the  proportion  due  each  municipality  in  the  county 
within  which  such  a  wildlife  refuge  is  located  and  shall  forth- 
with forward  the  proper  proportion  to  the  treasurer  of  each 
municipality  affected.     The  division  of  revenue  shall  be  in 
the  proportion  which  the  acreage  of  the  federal  refuge  in  a 
particular  municipality  bears  to  the  total  acreage  of  the  fed- 
eral refuges  within  the  county.        Approved  June  7,  1943. 


ChapAU 


An  Act  providing  for  the  appointment  of  a  second 
assistant  register  of  probate   for  the  county  of 

BRISTOL. 

Whereas,    The  deferred  operation  of  this  act  would  in  Emergency 
part  defeat  its  purpose,  which  is  to  assist  the  probate  court  p'"®'^"'^'®- 
referred  to  by  making  possible  the  immediate  appointment 


588  Acts,  1943. —  Chap.  465. 

of  an  additional  assistant  register  of  probate  therein,  there- 
fore this  act  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

EdV  2?7'^§24       Section  1.    Section  twenty-four  of  chapter  two  hundred 

amended.'  '  and  Seventeen  of  the  General  Laws,  as  appearmg  in  the  Ter- 
centenary Edition,  is  hereby  further  amended  by  inserting 
after  the  word  "of"  the  second  time  it  appears  in  the  first 

fnt^r^gistlrf'  ^^^^'  *^^  word :  —  Bhstol,  —  so  as  to  read  as  follows:  —  Sec- 
tion 24.  The  judges  of  probate  for  the  counties  of  Bristol, 
Essex,  Norfolk,  Hampden,  Middlesex,  Suffolk  and  Worces- 
ter may  appoint  a  second  assistant  register  for  their  respec- 
tive counties,  who  shall  hold  office  for  three  years  unless 
sooner  removed  by  the  judge.  They  shall  be  subject  to  the 
laws  relative  to  assistant  registers. 

Effective  date.  SECTION  2.  This  act  shall  take  effect  as  of  June  first  in 
the  current  year.  Approved  June  7,  1943» 


ChapAQ5  An  Act  making  appropriations  for  the  maintenance  of 

CERTAIN  COUNTIES,  FOR  INTEREST  AND  DEBT  REQUIRE- 
MENTS, FOR  CERTAIN  PERMANENT  IMPROVEMENTS,  AND 
GRANTING  A  COUNTY  TAX  FOR  SAID  COUNTIES. 

pr'^ambk!^  Wkeveas,   The  deferred  operation  of  this  act  would  result 

in  unnecessarily  extending  the  period  during  which  county 
expenditures  would  be  made  in  anticipation  of  appropria- 
tion, therefore  it  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public  con- 
venience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  following  sums  are  hereby  appropriated 
for  the  counties  hereinafter  specified  for  the  years  nineteen 
hundred  and  forty-three  and  nineteen  hundred  and  forty- 
four.  No  direct  drafts  against  the  account  known  as  the  re- 
serve fund  shall  be  made,  but  transfers  from  this  account  to 
other  accounts  may  be  made  to  meet  extraordinary  or  unfore- 
seen expenditures  upon  the  request  of  the  county  commis- 
sioners and  with  the  approval  of  the  director  of  accounts. 

Barnstable  County. 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item                                                                                                        1943.  1944. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding  $1,962  60  $1,205  00 

2  For  reduction  of  county  debt,  a  sum  not 

exceeding 37,000  00         32,000  00 

3  For  salaries  of  county  officers  and  assist- 

ants, a  sum  not  exceeding  .  .  .  27,135  00  28,760  00 

4  For  clerical  assistance  in  county  offices,  a 

sum  not  exceeding      ....  15,214  60  15,920  00 

5  For  salaries  and  expenses  of  district  courts, 

a  sum  not  exceeding  ....  25,605  00  26,200  00 


Acts,  1943.  —  Chap.  465.  589 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1943.  1944. 

6  For  salaries  of  jailers,  masters  and  assist- 

ants, and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not  ex- 
ceeding      $44,060  00        $46,020  00  * 

7  For  criminal  costs   in   superior   court,    a 

sum  not  exceeding      ....  10,000  00  10,200  00 

8  For   civil   expenses  in  supreme  judicial, 

superior,   probate  and   land   courts,   a 

sum  not  exceeding      .  .  .  .  7,200  00  7,400  00 

10  For  transportation  and  expenses  of  county 

and  acting  commissioners,  a  sum  not 

exceeding 1,200  00  1,200  00 

11  For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding     .  .  1,500  00  1,500  00 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding 2,000  00  2,000  00 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sum  not  exceeding  . 

15  For  care,  fuel,  lights  and  supplies  in  county 

buildings,  other  than  jails  and  houses  of 
correction,  a  sum  not  exceeding  . 

16  For  highways,  including  state  highways. 

bridges  and  land  damages,  a  sum  not 
exceeding  ..... 

18  For  law  library,  a  sum  not  exceeding 

19  For  training  school,  a  sum  not  exceeding 

20  For  county  aid  to  agriculture,  a  sum  not 

exceeding  ..... 

21  For  sanatorium,  a  sum  not  exceeding 

22  For  health  service,  a  sum  not  exceeding  . 

23  For  state  fire  patrol,  a  sum  not  exceeding  . 

25  For    contributory   retirement   system,    a 

sum  not  exceeding      .... 
25a  For  contributory  retirement  audit,  a  sum 

not  exceeding    .....  87  60  - 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sum  not 

exceeding 4.385  00  2,435  00 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding 250  00  250  00 

28  For  police  training  school,  a  sum  not  ex- 

ceeding      3.070  00  3,390  00 

29  For  police  radio  station,  a  sum  not  ex- 

ceeding      8,025  00  8,665  00 

30  For  advertising  the  recreational  advan- 

tages of  the  county,  a  sum  not  exceeding  -  1 ,000  00 

31  For  reserve  fund,  a  sum  not  exceeding     .  10,000  00  10,000  00 
33     For  post-war  rehabilitation  fund,  a  sum 

not  exceeding 7.000  00  7,000  00 

And  the  county  commissioners  of  Barn- 
stable county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county  for 
the  current  year,  in  the  manner  pro- 
vided by  law,  the  following  sum  to  be 
expended  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from 
other  sources,  for  the  above  purposes    .      $279,156  40  - 

And  the  county  commissioners  of  Barn- 
stable county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  year  nineteen  hundred  and  forty- 
four,  in  the  maimer  provided  by  law, 
such  sum  as  is  certified  to  said  county 
commissioners  on  or  before  April  first 


14,380 

00 

6,340  00 

18,725 

00 

19,580  00 

15,400 
945 
250 

00 
00 
00 

15,000  00 
930  00 
250  00 

17,280 

99,800 

10,955 

1.500 

00 
00 
00 
00 

18,350  00 

103,225  00 

11,315  00 

1,500  00 

11.880 

00 

12,094  00 

590 


Acts,  1943.  —  Chap.  465. 


Item 


Appropriation 

Fiscal  Year 

1943. 


Appropriation 

Fiscal  Year 

1944. 


10 


11 


12 


14 


15 


16 


in  said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 
forth,  (1)  the  amount  of  the  net  unap- 
propriated cash  balance  in  the  treasury 
of  said  county  as  of  January  first,  nine- 
teen hundred  and  forty-four,  (2)  the 
amount  of  the  estimated  receipts  of 
said  county  for  said  year,  and,  (3)  a 
sum,  which  shall  constitute  the  county 
tax,  and  which  shall  be  the  difference 
between  the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the  au- 
thorized expenditures  hereinbefore  ap- 
propriated. 

Berkshire  County. 

For  interest  on  county  debt,  a  sum  not 
exceeding  ..... 

For  salaries  of  county  ofiicers  and  assist- 
ants, a  sum  not  exceeding  . 

For  clerical  assistance  in  county  offices,  a 
sum  not  exceeding      .  ... 

For  salaries  and  expenses  of  district  courts, 
a  sum  not  exceeding  .... 

For  salaries  of  jailers,  masters  and  assist- 
ants, and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not 
exceeding  ..... 

For  criminal  costs  in  superior  court,  a 
sum  not  exceeding      .... 

For  civil  expenses  in  supreme  judicial, 
superior,  probate  and  land  courts,  a 
sum  not  exceeding      .... 

For  transportation  and  expenses  of  county 
and  acting  commissioners,  a  sum  not 
exceeding  ..... 

For  medical  examiners  and  commitments 
of  insane,  a  sum  not  exceeding    . 

For  auditors,  masters  and  referees,  a  sum 
not  exceeding    ..... 

For  repairing,  furnishing  and  improving 
county  buildings,  a  sum  not  exceed- 
ing ....... 

For  care,  fuel,  lights  and  supplies  in 
county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  exceed- 
ing 


For  highways,  including  state  highways, 
bridges  and  land  damages,  a  sum  not 
exceeding  ..... 

17  Foi'  examinations  of  dams,  a  sum  not  ex- 

ceeding    ...... 

18  For  law  library,  a  sum  not  exceeding 

19  For  training  school,  a  sum  not  exceeding  . 

20  For  county  aid  to  agricultm-e,  a  sum  not 

exceeding  ..... 

21  For  sanatorium,  a  sum  not  exceeding 

23  For  Mount  Greylock  state  reservation,  a 
sum  not  exceeding      .... 

23a  For  Mount  Everett  state  reservation,  a 
sum  not  exceeding      .... 

25  For  contributory  retirement  system,  a 
sum  not  exceeding      .... 


$500  00  $500  00 

31.650  00  33,500  00 

14,970  00  15,840  00 

50,478  00  52,632  00 

38,725  00  39,690  00 

8,714  00  8,900  00 

9,700  00  9,900  00 

900  00  700  00 

5,000  00  5,000  00 

3,000  00  1,500  00 

4,000  00  4,000  00 


18,960  00 

18,200  00 

20,350  00 

20.050  00 

700  00 

3,250  00 

800  00 

200  00 

3,300  00 

800  00 

16,275  00 
15,724  00 

16,900  00 
15,500,  00 

6,210  00 

6,260  00 

1,925  00 

1,950  00 

8.214  00 

8,409  00 

6,200  00 

$5,000  00 

500  00 
100  00 

500  00 

2,000  00 
5,000  00 

2,000  00 
5,000  00 

Acts,  1943.  —  Chap.  465.  591 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1943.  1944. 

25a  For  contributory  retirement  audit,  a  sum 

not  exceeding    .....  $52  80 

26  For    miscellaneous    and    contingent    ex- 

penses including  insurance,  a  sum  not 
exceeding  ..... 

27  _  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding    ..... 

28  For  W.  P.  A.  projects,  a  sum  not  exceeding 

30  For  advertising  the  recreational  advan- 

tages of  the  county,  a  sum  not  exceed- 
ing ....... 

31  For  reserve  fund,  a  sum  not  exceeding  . 
And  the  county  commissioners  of  Berk- 
shire county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  current  year,  in  the  manner  pro- 
vided by  law,  the  following  sum  to  be 
expended  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from 
other  som-ces.  for  the  above  purposes  .      $205,142  47 

And  the  county  commissioners  of  Berk- 
shire county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  year  nineteen  hundred  and 
forty-four,  in  the  manner  provided  by 
law,  such  sum  as  is  certified  to  said 
county  commissioners  on  or  before 
April  first  in  said  year  by  the  director  of 
accounts.  In  so  certifying  said  director 
shall  set  forth,  (1)  the  amount  of  the  net 
unappropriated  cash  balance  in  the 
treasury  of  said  county  as  of  January 
first,  nineteen  hundred  and  forty-four, 

(2)  the  amount  of  the  estimated  re- 
ceipts of  said  county  for  said  year,  and, 

(3)  a  sum,  which  shall  constitute  the 
county  tax,  and  wliich  shall  be  the  dif- 
ference between  the  sum  of  the  two 
foregoing  items  and  the  total  amount  of 
the  authorized  expenditures  hereinbe- 
fore appropriated. 


Bristol  County. 

1  For  interest  on  county  debt,  a  sum  not  ex- 

ceeding      $3,000  00  $3,000  00 

2  For  reduction  of  county  debt,  a  sum  not 

exceeding  .  '       .  .  .  .  16,000  00  16,000  00 

3  For  salaries  of  county  officers  and  assist- 

ants, a  sum  not  exceeding  .  .  .  52,500  00  55,050  00 

4  For  clerical  assistance  in  county  offices,  a 

sum  not  exceeding      ....  62,600  00  69,100  00 

5  For    salaries    and    expenses    of    district 

courts,  a  sum  not  exceeding  .  .        136,800  00        143,600  00 

6  For  salaries  of  jailers,  masters  and  assist- 

ants and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not  ex- 
ceeding      87,000  00  91,050  00 

7  For  criminal  costs  in  superior  court,  a  sum 

not  exceeding 66,200  00  67,600  00 

8  For  civil  expenses  in  supreme  judicial,  su- 

perior, probate  and  land  courts,  a  sum 

not  exceeding 40,800  00  41,900  00 


592  Acts,  1943.  —  Chap.  465. 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1943.  1944. 

10  For  transportation  and  expenses  of  county 

and  acting  commissioners,  a  sum  not  ex- 
ceeding      $1,200  00  $1,200  00 

11  For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding    .  .  20,000  00  20,000  00 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding 5,000  00  5,000  00 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sura  not  exceeding  20,000  00  20,000  00 

14a  For  repairs  and  furnishings  of  jail  and 
house  of  correction,  a  sum  not  exceed- 
ing   5,000  00  5,000  00 

14b  For  repairs  and  furnishings  of  Taunton 
court  house  building,  a  sum  not  exceed- 
ing . 5,000  00  5,000  00 

14c  For  repairs  and  furnishings  of  New  Bed- 
ford court  house  building,  a  sum  not 
exceeding 5,000  00  5,000  00 

15  For    care,    fuel,    lights    and    supplies    in 

county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  exceed- 
ing   67,300  00  70,650  00 

16  For  highways,  including  state  highways, 

bridges  and  land  damages,  a  sum  not 

exceeding 11,000  00  11,000  00 

18  For  law  libraries,  a  sum  not  exceeding     .  9,650  00  1,0,000  00 

19  For  training  school,  a  sum  not  exceeding  .  5,600  00  5,600  00 

20  For  agricultural  school,   a  sum  not  ex- 

ceeding      126,997  97        128,292  00 

24  For  non-contributory  pensions,  a  sum  not 

exceeding 9,000  00  9.000  00 

25  For   contributory   retirement   system,    a 

sum  not  exceeding      ....  21,730  00  22,245  00 

25a  For  contributory  retirement  audit,  a  sum 

not  exceeding    .....  696  93  — 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sum  not 

exceeding 7,000  00  7,000  00 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding 2,000  00  2,000  00 

31     For  reserve  fund,  a  sum  not  exceeding     .  10.000  00  10,000  00 

33     For  post-war  rehabilitation  fund,  a  sum 

not  exceeding 25.000  00  25,000  00 

And  the  county  commissioners  of  Bristol 
county  are  hereby  authorized  to  levy 
as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided 
by  law,  the  following  sum  to  be  ex- 
pended,  together  with  the  cash  balance 
on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes   .  .      $615,019  34 

And  the  county  commissioners  of  Bristol 
county  are  hereby  authorized  to  levy 
as  the  county  tax  of  said  county  for  the 
year  nineteen  hundred  and  forty-four, 
in  the  manner  provided  by  law,  such 
sum  as  is  certified  to  said  county  com- 
missioners on  or  before  April  first  in 
said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 
forth,  (1)  the  amount  of  the  net  unap- 
propriated cash  balance  in  the  treasury 
of  said  county  as  of  January  first,  nine- 
teen hundred  and  forty-four,   (2)   the 


Acts,  1943.  —  Chap.  465.  593 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1943.  1944. 

amount  of  the  estimated  receipts  of 
said  county  for  said  year,  and,  (3)  a 
sum,  which  shall  constitute  the  county 
tax,  and  which  shall  be  the  difference 
between  the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the 
authorized  expenditures  hereinbefore 
appropriated. 


County  of  Dukes  County, 

1  For  interest  on  county  debt,  a  sum  not 

exceeding $300  00  $300  00 

2  For  reduction  of  county  debt,  a  sum  not 

exceeding 5,000  00 

3  For  salaries  of  county  officers  and  assist- 

ants, a  sum  not  exceeding  .  .  .  7,000  00  7,400  00 

4  For  clerical  assistance  in  county  offices,  a 

sum  not  exceeding      ....  3,000  00  3,300  00 

5  For  salaries  and  expenses  of  district  courts, 

a  sum  not  exceeding    ....  7,125  00  7,475  00 

6  For  salaries  of  jailers,  masters  and  assist- 

ants, and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not 
exceeding 5,100  00  3,200  00 

7  For  criminal   costs  in  superior  court,   a 

sum  not  exceeding      ....  2,050  00  1,100  00 

8  For  civil  expenses  in   supreme  judicial, 

superior,   probate  and  land  courts,   a 

sum  not  exceeding      ....  1,000  00  1,000  00 

10  For  transportation  and  expenses  of  county 

and  acting  commissioners,  a  sum  not 
exceeding  ..... 

11  For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding     . 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding    ..... 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sum  not  exceeding  . 

15  For  care,  fuel,  lights  and  supplies  in  county 

buildings,  other  than  jails  and  houses 

of  correction,  a  sum  not  exceeding       .  5,875  00  4,150  00 

16  For  highways,  including  state  highways, 

bridges  and  land  damages,  a  sum  not 

exceeding  ..... 

18     For  law  Hbraries,  a  sum  not  exceeding     . 

20  For  county  aid  to  agriculture,  a  sum  not 

exceeding  ..... 

21  For  sanatorium,  a  sum  not  exceeding 
23     For  Gay  Head  reservation,  a  sum  not  ex- 
ceeding    ...... 

25  For    contributory    retirement   system,    a 

sum  not  exceeding      .... 

25a  For  contributory  retirement  audit,  a  sum 

not  exceeding    ..... 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sum  not 

exceeding 1,700  00  1,600  00 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding 500  00  1,000  00 

28  For  civihan  defense,  a  sum  not  exceeding  .  1,000  00  1,000  00 

29  For  Indian  burial  ground,  a  sum  not  ex- 

ceeding    ......  300  00  300  00 


450  00 

450  00 

400  00 

400  00 

100  00 

100  00 

3,000  00 

1,200  00 

15,025  00 
300  00 

5,050  00 
300  00 

2,125  00 
7,700  00 

2,250  00 
7,700  00 

1,900  00 

1,500  00 

1,000  00 

1,000  00 

40  42 

— 

594  Acts,  1943.  —  Chap.  465. 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  •  1943.  1944. 

30  For  advertising  the  recreational  advan- 

tages of  the  county,  a  sum  not  exceeding  SI, 000  00  $1,000  00 

31  For  reserve  fund,  a  sum  not  exceeding     .  1.500  00  1,500  00 
33     For  post-war  rehabilitation  fund,  a  sum 

not  exceeding    .....  .  -  5,000  00 

And  the  county  commissioners  of  Dukes 
County  are  hereby  authorized  to  levy 
as  the  county  tax  of  said  county  for 
the  current  year,  in  the  manner  pro- 
vided by  law,  the  following  sum  to  be 
expended  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from 
other  sources,  for  the  above  purposes    .        $57,790  79  - 

And  the  county  commissioners  of  Dukes 
County  are  hereby  authorized  to  levy 
as  the  county  tax  of  said  county  for 
the  year  nineteen  hundred  and  forty- 
four,  in  the  manner  provided  by  law, 
such  sum  as  is  certified  to  said  county 
commissioners  on  or  before  April  first 
in  said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 
forth,  (1)  the  amount  of  the  net  unap- 
propriated cash  balance  in  the  treasury 
of  said  county  as  of  January  first,  nine- 
teen hundred  and  forty-four,  (2)  the 
amount  of  the  estimated  receipts  of  said 
county  for  said  year,  and,  (3)  a  sum, 
which  shall  constitute  the  county  tax, 
and  which  shall  be  the  difference  be- 
tween the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the 
authorized  expenditures  hereinbefore 
appropriated. 

Essex  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding $3,700  00  $3,700  00 

2  For  reduction  of  county  debt,  a  sum  not 

exceeding 58,000  00  52,000  00 

3  For  salaries  of  county  officers  and  assist- 

ants, a  sum  not  exceeding    .  .  .  69,800  00  73,500  00 

4  For  clerical  assistance  in  county  offices, 

a  sum  not  exceeding  ....        145,265  00        157,860  00 

5  For  salaries  and  expenses  of  district  courts, 

a  sum  not  exceeding  ....        223,000  00        233,450  00 

6  For  salaries  of  jailers,  masters  and  assist- 

ants and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not 
exceeding 101,140  00        105,560  00 

7  For  criminal   costs  in  superior  court,  a 

sum  not  exceeding      .  .       .  •      .    •  66,900  00  69.200  00 

8  For  civil   expenses  in  supreme  judicial, 

superior,   probate  and  land   courts,   a 

sum  not  exceeding      ....  77.300  00  79.100  00 

9  For  trial  justices,  a  sum  not  exceeding     .  5,300  00  5.600  GO 
«     10     For  transportation  and  expenses  of  county 

and  acting  commissioners,  a  sum  not 

exceeding 1,000  00  1,000  00 

11  For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding     .  .  16,000  00  16,000  00 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding 7.500  00  7.600  00 


Acts,  1943.  —  Chap.  465.  595 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1943.  1944. 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sum  not  exceeding        $21,350  00        $16,650  00 

15  For    care,    fuel,    lights    and    supplies    in 

county  buildings,  other  than  jails  ami 
houses  of  correction,  a  sum  not  exceed- 
ing   90,300  00  93,700  00 

16  For  highways,  including  state  highways, 

bridges  and  land  damages,  a  sum  not 

exceeding 153,700  00        160,250  00 

18  For  law  libraries,  a  sum  not  exceeding     .  12,800  00  13,150  00 

19  For  training  school,  a  sum  not  exceeding  56,300  00  59,500  00 

20  For  agricultural  school,  a  sum  not  exceed- 

ing   212,140  00        226.405  00 

24  For  non-contributory  pensions,  a  sum  not 

exceeding 4,375  00  4,375  00 

25  For    contributory    retirement    system,    a 

sum  not  exceeding      ....  37,997  00  40,007  00 

25a  For  contributory  retirement  audit,  a  sum 

not  exceeding     .....  970  79  - 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sum  not 

exceeding 12,500  00  12,500  00 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding 3,500  00  3,500  00 

31     For  a  reserve  fund,  a  sura  not  exceeding  .  15,000  00  15,000  00 

And  the  county  commissioners  of  Essex 
county  are  hereby  authorized  to  levy 
as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided 
by  law  the  following  sum  to  be  ex- 
pended together  with  the  cash  balance 
on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes    .  .      $974,635  79 

And  the  county  commissioners  of  Essex 
county  are  hereby  authorized  to  levy 
as  the  county  tax  of  said  county  for  the 

year  nineteen  hundred  and  forty-four,  , 

in  the  manner  provided  by  law,  such 
sum  as  is  certified  to  said  county  com- 
missioners on  or  before  April  first  in 
said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 
forth,  (1)  the  amount  of  the  net  un- 
appropriated cash  balance  in  the  treas- 
ury of  said  county  as  of  January  first, 
nineteen  hundred  and  forty-four,  (2) 
the  amount  of  the  estimated  receipts 
of  said  county  for  said  year,  and,  (3)  a 
sum,  which  shall  constitute  the  county 
tax,  and  which  shall  be  the  difference 
between  the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the  au- 
thorized expenditures  hereinbefore  ap- 
propriated. 


Franklin  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding $7,125  00  $6,387  50 

2  For  reduction  of  county  debt,  a  sum  not 

exceeding 20,000  00  15,000  00 

3  For  salaries  of  county  officers  and  assist- 

ants, a  sum  not  exceeding  .  .  .  20,590  00  21,940  00 


596  Acts,  1943.  —  Chap.  465. 

,                  Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item                                                                                                  1943.  1944. 

4  For  clerical  assistance  in  county  oflBces,  a 

sum  not  exceeding      .  .  .  .  S9.100  00  $9,380  00 

5  For    salaries    and    expenses    of    district 

courts,  a  sum  not  exceeding  .  .  18,200  00  19.100  00 

6  For  salaries  of  jailers,  masters  and  assist- 

ants and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not  ex- 
ceeding      20.400  00  21,300  00 

7  For  criminal  costs  in  superior  court,   a 

sum  not  exceeding      .  .  .  •  8,200  00  8.300  00 

8  For   civil   expenses  in  supreme  judicial, 

superior,   probate   and   land   courts,   a 

sum  not  exceeding      ....  8.200  00  8.400  00 

10  For  transportation  and  expenses  of  coimty 

and  acting  commissioners,  a  sum  not 

exceeding  .  .  .  .  •  400  00  400  00 

11  For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding     .  .  1,800  00  1,800  00 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding 700  00  700  00 

13  For  building  county  buildings  and  pur- 

chase of  land,  a  sum  not  exceeding   ^    .  750  00 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sum  not  exceed- 
ing .  .  .  .  .  .  2.500  00  2.000  00 

15  For    care,    fuel,    lights    and    suppHes    in 

county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  exceed- 
ing . 

16  For  highways,  including  state  highways, 

bridges  and  land  damages,  a  sum  not 

exceeding 18.000  00         18,000  00 

17  For  examination  of  dams,  a  sum  not  ex- 

ceeding 300  00  500  00 

18  For  law  Ubrary,  a  sum  not  exceeding       .  3,075  00  3,100  00 

19  For  training  school,  a  sum  not  exceeding  .  300  00  300  00 

20  For  county  aid  to  agriculture,  a  sum  not 

exceeding 13.745  00  14,645  00 

21  For  sanatorium   (Hampshire  covmty),  a 

sum  not  exceeding     ....  6.738  66  7,500  00 

22  For  Greenfield  health  camp  (chapter  354, 

Acts  of  1928).  a  sum  not  exceeding       .  2,000  00  2,000  00 

23  For  Mount  Sugar  Loaf  state  reservation. 

a  sum  not  exceeding  ....  1.200  00  1.200  00 

24  For  non-contributory  pensions,  a  sum  not 

exceeding 870  00  870  00 

25  For   contributory   retirement   system,    a  ,„,.^  «„ 

sum  not  exceeding     ....  9,701  71  10,146  00 

25a  For  contributory  retirement  audit,  a  sum 

not  exceeding    .  .  ■  .  •  196  43  - 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sum  not  ,  „-«  o« 

exceeding  .  .  .  •  •  1.350  00  1.350  00 

27  For  vmpaid  bills  of  previous  years,  a  sum 

not  exceeding 500  00  500  00 

30  For  advertising  the  recreational  advan- 

tages of  the  county,  a  sum  not  exceed- 
•  jjjg  500  00  500  UU 

31  For  reserve  fund,  a  sum'  not  exceeding     .  5,000  00  5.000  00 

''     "^^n^rexclding'''""'''.'"'  '""'  •'  ""  25,000  00  25,000  00 

And  the  county  commissioners  of  Frank- 
lin county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county  for 


14,500  00  14.900  00 


Acts,  1943.  —  Chap.  465. 


597 


Item 


the  current  year,  in  the  manner  pro- 
vided by  law,  the  following  sum  to  be 
expended  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from 
other  sources,  for  the  above  purposes  . 
And  the  county  commissioners  of  Frank- 
lin county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  year  nineteen  hundred  and 
forty-four,  in  the  manner  provided  by 
law,  such  sum  as  is  certified  to  said 
county  commissioners  on  or  before  April 
first  in  said  year  by  the  director  of  ac- 
counts. In  so  certifying  said  director 
shall  set  forth,  (1)  the  amount  of  the  net 
unappropriated  cash  balance  in  the 
treasury  of  said  county  as  of  January 
first,  nineteen  hundred  and  forty-four, 

(2)  the  amount  of  the  estimated  re- 
ceipts of  said  county  for  said  year,  and, 

(3)  a  sum,  which  shall  constitute  the 
county  tax,  and  which  shall  be  the  dif- 
ference between  the  sum  of  the  two 
foregoing  items  ami  the  total  amount 
of  the  authorized  expenditures  herein- 
before appropriated. 


Appropriation     Appropriation 

Fiscal  Year  Fiscal  Year 

1943.  1944. 


$157,645  62 


9 
10 


11 


12 


13 


14 


15 


Hampden  County. 

For  interest  on  county  debt,  a  sum  not 
exceeding  ..... 

For  reduction  of  county  debt,  a  sum  not 
exceeding  ..... 

For  salaries  of  county  officers  and  assist- 
ants, a  sum  not  exceeding  . 

For  clerical  assistance  in  county  offices,  a 
sum  not  exceeding     .... 

For  salaries  and  expenses  of  district 
courts,  a  sum  not  exceeding 

For  salaries  of  jailers,  masters  and  assist- 
ants and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not  ex- 
ceeding    ...... 

For  criminal  costs  in  superior  court,  a  sum 
not  exceeding  ..... 

For  ci\al  expenses  in  supreme  judicial, 
superior,  probate  and  land  courts,  a 
sum  not  exceeding      .... 

For  trial  justices,  a  sum  not  exceeding 

For  transportation  and  expenses  of  county 
and  acting  commissioners,  a  sum  not 
exceeding  ..... 

For  medical  examiners  and  commitments 
of  insane,  a  sum  not  exceeding 

For  auditors,  masters  and  referees,  a  sum 
not  exceeding    .  .  .  .  . 

For  building  county  buildings  and  pur- 
chase of  land,  a  sum  not  exceeding 

For  repairing,  furnishing  and  improving 
county  buildings,  a  sum  not  exceeding  . 

For  care,  fuel,  lights  and  supplies  in 
county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  exceed- 
ing ....... 


$15,600  00  $10,700  00 

121,000  00  121,000  00 

52,200  00  55,400  00 

59,300  00  65,600  00 

134,800  00  143,500  00 

91,200  00  97,400  00 

28,500  00  28,900  00 


51,000  00  51,900  00 

2,100  00  2,200  00 


750  00 

12,000  00 

4,000  00 

2,000  00 

9,000  00 


750  00 

12,000  00 

4,000  00 

9,000  00 


62,500  00  65,900  00 


598 


Acts,  1943.  —  Chap.  465. 


Item 

16  For  highways,  including  state  highways 

bridges  and  land  damages,  a  sum  not 
exceeding  .... 

17  For  examination  of  dams,  a  sum  not  ex 

ceeding     ..... 

18  For  law  library,  a  sum  not  exceeding 

19  For  training  school,  a  sum  not  exceeding 

20  For  county  aid  to  agriculture,  a  sum  not 

exceeding  .... 

22  For  preventorium,  a  sum  not  exceeding 

23  For  Mount  Tom  state  reservation,  a  sum 

not  exceeding    .... 

24  For  non-contributory  pensions,  a  sum  not 

exceeding  .... 

25  For    contributory   retirement   system, 

sum  not  exceeding 
25a  For  contributory  retirement  audit,  a  sum 
not  exceeding    .... 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sum  not 
exceeding  .... 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding    .... 

30  For  advertising  the  recreational  advan^ 

tages  of  the  county,  a  sum  not  exceed' 
ing 

31  For  reserve  fund,  a  sum  not  exceeding 

33     For  post-war  rehabilitation  fund,  a  sum 
not  exceeding    ..... 

And  the  county  commissioners  of  Hamp- 
den county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county  for 
the  current  year,  in  the  manner  pro- 
vided by  law,  the  following  sum  to  be 
expended  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from 
other  sources,  for  the  above  purposes   . 

And  the  county  commissioners  of  Hamp- 
den county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  year  nineteen  hundred  and 
forty-four,  in  the  manner  provided  by 
law,  such  sum  as  is  certified  to  said 
county  commissioners  on  or  before 
April  first  in  said  year  by  the  director  of 
accounts.  In  so  certifying  said  director 
shall  set  forth,  (1)  the  amount  of  the  net 
unappropriated  cash  balance  in  the 
treasury  of  said  county  as  of  January 
first,  nineteen  hundred  and  forty-four, 
(2)  the  amount  of  the  estimated  receipts 
of  said  county  for  said  year,  and,  (3)  a 
sum,  which  shall  constitute  the  county 
tax,  and  wliich  shall  be  the  difference 
between  the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the  au- 
thorized expenditures  hereinbefore  ap- 
propriated. 

Hampshire  County 

1  For  interest  on  county  debt,  a  sum  not  ex- 
ceeding    ...... 

3  For  salaries  of  county  ofiicers  and  assist- 
ants, a  sum  not  exceeding  . 


Appropriation     Anpropriation 

Fiscal  Year  Fiscal  Year 

1943.  1944. 


$22,200  00    $20,000  00 


3,000  00 
10,800  00 
32,700  00 

41,200  00 
3,000  00 

13,212  14 

7,000  00 

23,391  00 

126  60 

7,564  37 
1,000  00 


500  00 
12,000  00 


$695,171  50 


3,000  00 
11,300  00 
35,300  00 

45,700  00 
3,000  00 

13,912  14 

9,000  00 

24,288  00 


7,000  00 
1,000  00 


500  00 
12,000  00 


25,000  00    25,000  00 


$500  00 
23,900  00 


$750  00 
25.200  00 


Acts,  1943.  —  Chap.  465. 


599 


Item 

4  For  clerical  assistance  in  county  offices,  a 

sum  not  exceeding      .... 

5  For    salaries    and    expenses    of    district 

courts,  a  sum  not  exceeding 

6  For  salaries  of  jailers,  masters  and  assist- 

ants and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not  ex- 
ceeding    ...... 

7  For  criminal  costs  in  superior  court,  a  sum 

not  exceeding    ..... 

8  For  civil  expenses  in  supreme  judicial,  su- 

perior, probate  and  land  courts,  a  sum 
not  exceeding    .  .  . 

10  For  transportation  and  expenses  of  county 

and  acting  commissioners,  a  sum  not 
exceeding.  ..... 

11  For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding     . 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding    ..... 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sum  not  exceeding 

15  For    care,    fuel,    lights    and    supplies    in 

county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  exceed- 
ing .  .  .  .  .      _    . 

16  For  highways,  including  state  highways, 

bridges  and  land  damages,  a  sum  not 
exceeding  .... 

17  For  examination  of  dams,  a  sum  not  ex 

ceeding     ..... 

18  For  law  libraries,  a  sum  not  exceeding 

20  For  county  aid  to  agriculture,  a  sum  not 

exceeding  .... 

21  For  sanatorium,  a  sum  not  exceeding 

22  For  preventorium,  a  sum  not  exceeding 

23  For  state  reservations,  a  sum  not  exceed 

ing  ...... 

24  For  non-contributory  pensions,  a  sum  not 

exceeding  .... 

25  For    contributory   retirement   system, 

sum  not  exceeding 
25a  For  contributory  retirement  audit,  a  sum 
not  exceeding    .... 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sum  not 
exceeding  .... 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding    .... 

30  For  advertising  the  recreational  advan 

tages  of  the  county,  a  sum  not  exceed 
ing  .  .  . 

31  For  reserve  fund,  a  sum  not  exceeding 
33     For  post-war  rehabilitation  fund,  a  sum 

not  exceeding  ..... 
And  the  county  commissioners  of  Hamp- 
shire county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  current  year,  in  the  manner 
provided  by  law,  the  following  sum  to 
be  expended  together  with  the  cash 
balance  on  hand  and  the  receipts  from 
other  sources,  for  the  above  purposes  . 


Appropriation     Appropriation 

Fiscal  Year  Fiscal  Year 

1943.  .  1944. 


$12,500  00  $12,500  00 

28.600  00  30,100  00 

32,500  00  34,000  00 

21,500  00  12,900  00 


12.000  00 

600  00 

3,200  00 

2,000  00 

4,000  00 

15,900  00 

25,600  00 

250  00 
2,400  00 

17,900  00 

34,000  00 

1,400  00 

2,450  00 

3,622  85 

10,000  00 

278  90 

6,000  00 


500  00 
7,500  00 


12,000  00 

400  00 
3,200  00 
1,500  00 
4,500  00 

16,800  00 

31,200  00 

400  00 
2,400  00 

19,300  00 

38,300  00 

1,400  00 

2,550  00 

3,622  85 

10,000  00 


6,000  00 
100  00 


500  00 

7,500  00 


10,000  00    10,000  00 


$205,276  50 


600 


Acts,  1943.  — Chap.  465. 


Item 


And  the  county  commissioners  of  Hamp- 
shire county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  year  nineteen  hundred  and  forty- 
four,  in  the  manner  provided  by  law, 
such  sum  as  is  certified  to  said  counts' 
commissioners  on  or  before  April  first 
in  said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 
forth,  (1)  the  amount  of  the  net  unap- 
propriated cash  balance  in  the  treasm-y 
of  said  county  as  of  January  first,  nine- 
teen hundred  and  forty-four,  (2)  the 
amount  of  the  estimated  receipts  of 
said  county  for  said  year,  and,  (3)  a 
sum,  which  shall  constitute  the  county 
tax,  and  which  shall  be  the  difference 
between  the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the  au- 
thorized expenditures  hereinbefore  ap- 
propriated. 


Appropriation 

Fiscal  Year 

1913. 


Appropriation 

Fiscal  Year 

1944. 


Middlesex  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding $5,800  00        $10,000  00 

2  For  reduction  of  county  debt,  a  sum  not 

exceeding 59,000  00  25,000  00 

3  For  salaries  of  county  officers  and  assist- 

ants, a  sum  not  exceeding  .  88,100  00  91,600  00 

4  For  clerical  assistance  in  county  offices,  a 

sum  not  exceeding      ....        287,400  00        312,200  00 

5  For  salaries  and  expenses  of  district  courts, 

a  sum  not  exceeding  ....        422,200  00        446,200  00 

6  For  salaries  of  jailers,  masters  and  assist- 

ants and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not 
exceeding 265,020  00        279,790  00 

7  For  criminal   costs  in  superior   court,  a 

sum  not  exceeding      ....        184,800  00        189,500  00 

8  For   civil  expenses  in  supreme  judicial, 

superior,   probate   and   land   courts,    a 

sum  not  exceeding      ....        148,100  00        156,200  00 

9  For  trial  justices,  a  sum  not  exceeding     .  1,250  00  1,300  00 

10  For  transportation  and  expenses  of  county 

and  acting  commissioners,  a  sum  not 

exceeding 500  00  500  00 

11  For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding     .  .  32,000  00  32,000  00 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding 20,000  00  20,000  00 

13  For  building  county  building   and   pur- 

chase of  land,  a  sum  not  exceeding       .  600  00  - 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sum  not  exceeding  .  92,000  00  50,000  00 

15  For    care,    fuel,    lights    and    supplies    in 

county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  ex- 
ceeding    ...... 

16  For  highways,  including  state  highways, 

bridges  and  land  damages,  a  sum  not 

exceeding            .....  101,300  00  102,500  00 

18  For  law  libraries,  a  sum  not  exceeding      .  13,400  00  13,800  00 

19  For  training  school,  a  sum  not  exceeding  .  87,600  00  91,100  00 


134,900  00        139,800  00 


Acts,  1943.  — Chap.  465. 


601 


Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 


Item 

20     For  county  aid  to  agriculture,  a  sum  not 
exceeding  ..... 

23  For  Walden  Pond  state  reservation,  a  sum 

not  exceeding    ..... 

24  For  non-contributory  pensions,  a  sum  not 

exceeding  ..... 

25  For    contributory   retirement   system,    a 

sum  not  exceeding      .... 

25a  For  contributory  retirement  kudit,  a  sum 

not  exceeding    ..... 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sum  not 
exceeding  .... 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding  ..... 
31  For  reserve  fund,  a  sum  not  exceeding 
33  For  post-war  rehabilitation  fund,  a  sum 
not  exceeding  ..... 
And  the  county  commissioners  of  Middle- 
sex county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  current  year,  in  the  manner  pro- 
vided by  law  the  following  sum  to  be 
expended  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from 
other  sources,  for  the  above  purposes  . 
And  the  county  commissioners  of  Middle- 
sex county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  year  nineteen  hundred  and  forty- 
four,  in  the  manner  provided  by  law, 
such  sum  as  is  certified  to  said  county 
commissioners  on  or  before  April  first 
in  said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 
forth,  (1)  the  amount  of  the  net  unap- 
propriated cash  balance  in  the  treasury 
of  said  county  as  of  January  first,  nine- 
teen hundred  and  forty-four,  (2)  the 
amount  of  the  estimated  receipts  of 
said  county  for  said  year,  and,  (3)  a 
sura,  which  shall  constitute  the  county 
tax,  and  which  shall  be  the  difference 
between  the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the  au- 
thorized expenditures  hereinbefore  ap- 
propriated. 

Norfolk  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding  .  .  .  .  . 

2  For  reduction  of  county  debt,  a  sum  not 

exceeding  .  .  .  .  . 

3  For  salaries  of  county  oflBcers  and  assist- 

ants, a  sum  not  exceeding  . 

4  For  clerical  assistance  in  county  offices, 

a  sum  not  exceeding 

5  For  salaries  and  expenses  of  district  and 

municipal  courts,  a  sum  not  exceeding  . 

6  For  salaries  of  jailers,  masters  and  assist- 

ants and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not 
exceeding  .         .         .         .         . 


1913. 

$46,500  00 

16,500  00 

29,000  00 

75,000  00 

945  60 

10,000  00 

3,000  00 
15,000  00 

25.000  00 


$1,618,560  19 


1944. 

$49,100  00 

16,900  00 

30.000  00 

77.000  00 

10,000  00 

3,000  00 
20.000  00 

25.000  00 


$3,500  00  $5,900  00 

75.000  00  75,000  00 

41.000  00  44.100  00 

90.600  00  98,200  00 

154,200  00  168.200  00 

63,500  00  69,700  00 


602  Acts,  1943.  —  Chap.  465. 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1943.  1944. 

7  For  criminal   costs  in  superior   comt,   a 

sum  not  exceeding      ....        $53,10000        $58,20000 

8  For  civil   expenses  in   supreme  judicial, 

superior,   probate   and   land   courts,    a 

sum  not  exceeding      ....  44.800  00  40,500  00 

10  For     transportation     and     expenses     of 

county  and  acting  commissioners,  a  sum 

not  exceeding 750  00  750  00 

11  For  medical  examiners  and  commitments 

of  insaiie,  a  sum  not  exceeding     .  .  12,000  00  12,000  00 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding 7,000  00  7,000  00 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sum  not  exceeding  .  13,000  00  15,000  00 

15  For    care,    fuel,    lights    and    supplies    in 

county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  exceed- 
ing   95.700  00        102,900  00 

16  For  highways,  including  state  highways, 

bridges  and  land  damages,  a  sum  not 

exceeding 51,000  00  53,700'  00 

18  For  law  library,  a  sum  not  exceeding       .  2,400  00  2,500  00 

19  For  training  school,  a  sum  not  exceeding  .  5,000  00  6,000  00 

20  For  agricultural  school,  a  sum  not  exceed- 

ing   114,755  00        123,165  00 

24  For  non-contributory  pensions,  a  sum  not 

exceeding 8,000  00  9.000  00 

25  For    contributory   retirement   system,    a 

sum  not  exceeding      ....  21,000  00  23,000  00 

25a  For  contributory  retirement  audit,  a  sum 

not  exceeding    .....  282  00  - 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sum  not 

exceeding 9,000  00  9,800  00 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding 4,000  00  3,000  00 

31     For  reserve  fund,  a  sum  not  exceeding      .  10,000  00  10,000  00 

33     For  post-war  rehabilitation  fund,  a  sum 

not  exceeding 20,000  00  20,000  00 

And  the  county  commissioners  of  Norfolk 
county  are  hereby  authorized  to  levy 
as  the  county  tax  of  said  county  for  the 
current  year,  in  the  manner  provided 
by  law,  the  following  sum  to  be  ex- 
pended together  with  the  cash  balance 
on  hand  and  the  receipts  from  other 

sources,  for  the  above  purposes    .  .      $661,894  30  - 

And  the  county  commissioners  of  Norfolk 
county  are  hereby  authorized  to  levy 
as  the  county  tax  of  said  county  for  the 
year  nineteen  hundred  and  forty-four, 
in  the  manner  provided  by  law,  such 
sum  as  is  certified  to  said  county  com- 
missioners on  or  before  April  first  in 
said  year  by  the  director  of  accounts. 
In  so  certifying  said  director  shall  set 
forth,  (1)  the  amount  of  the  net  un- 
appropriated cash  balance  in  the  treas- 
ury of  said  county  as  of  January  first, 
nineteen  hundred  and  forty-four,  (2) 
the  amount  of  the  estimated  receipts  of 
said  county  for  said  year,  and,  (3)  a 
sum,  which  shall  constitute  the  county 


Acts,  1943.  —  Chap.  465.  603 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1943.  1944. 

tax,  and  which  shall  be  the  difference 
between  the  sum  of  the  two  foregoing 
items  and  the  total  amount  of  the 
authorized  expenditures  hereinbefore 
appropriated. 

Plymouth  County. 

1  For  interest  on  county  debt,  a  sum  not 

exceeding  .....  $5,515  00  $4,900  00 

2  For  reduction  of  county  debt,  a  sum  not 

exceeding 24,000  00  23,000  00 

3  For  salaries  of  county  officers  and  assist- 

ants, a  sum  not  exceeding   .  .  .  33,200  00  34,400  00 

4  For  clerical  assistance  in  county  offices,  a 

sum  not  exceeding     ....  43,000  00  46,500  00 

5  For    salaries    and    expenses    of    district 

courts,  a  sum  not  exceeding  .  .  76,800  00  81,200  00 

6  For  salaries  of  jailers,  masters  and  assist- 

ants and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not 
exceeding  .  .  .  .  96,510  00        100,750  00 

7  For  criminal    costs  in   superior   court,  a 

sum  not  exceeding      ....  38.800  00  39,800  00 

8  For   civil   expenses  in  supreme  judicial, 

superior,  probate   and   land    courts,  a 

sum   not   exceeding    ....  26,500  00  27,000  00 

10  For  transportation  and  expenses  of  county 

and  acting  commissioners,  a  sum  not 

exceeding 1.000  00  1,200  00 

11  For    medical    examiners     and     commit- 

ments of  insane,  a  sum  not  exceeding   .  6,500  00  6,500  00 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding 3,000  00  3,000  00 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sum  not  exceeding  7,000  00  8,000  00 

15  For    care,    fuel,    lights    and    supplies    in 

county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  exceed- 
ing   34,750  00  33,700  00 

16  For  highways,  including  state  highways, 

bridges  and  land  damages,  a  sum  not 

exceeding 48,400  00  48,000  00 

17  For  examination  of  dams,  a  sum  not  ex- 

ceeding       1,000  00  1,000  00 

18  For  law  library,  a  sum  not  exceeding        .  3,600  00  3,700  00 

19  For  training  school,  a  sum  not  exceeding  3,000  00  3,000  00 

20  For  county  aid  to  agriculture,  a  sum  not 

exceeding 23,700  00  24,900  00 

24  For  non-contributory  pensions,  a  sum  not 

exceeding 3,775  00  3,450  00 

25  For    contributory   retirement   system,    a 

sum  not  exceeding      ....  15,750  00  16,250  00 

25a  For  contributory  retirement  audit,  a  sum 

not  exceeding     .....  106  80  - 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sum  not 

exceeding 4,525  00  4,450  00 

27  For  unpaid  bills  of  pre\nous  years,  a  sum 

not  exceeding    .  .  .  .  .  2,500  00  2,500  00 

31     For  reserve  fund,  a  sum  not  exceeding     .  7,500  00  10,000  00 

And  the  county  commissioners  of  Plym- 
outh county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 


604  Acts,  1943.  —  Chap.  465. 

'  Appropriation     Appropriation 

Fiscal  Year  Fiscal  Year 

Item  1943.  1944. 

for  the  current  year,  in  the  manner  pro- 
vided by  law,  the  following  sum  to  be 
expended  together  with  the  cash  bal- 
ance on  hand   and  the  receipts  from 

other  sources,  for  the  above  purposes    .      $385,193  43  - 

And  the  county  commissioners  of  Plym- 
outh county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  year  nineteen  hundred  and 
forty-four,  in  the  manner  provided 
by  law,  such  sum  as  is  certified  to  said 
county  commissioners  on  or  before 
April  first  in  said  year  by  the  director 
of  accounts.  In  so  certifying  said  direc- 
tor shall  set  forth,  (1)  the  amount  of 
the  net  unappropriated  cash  balance 
in  the  treasm-y  of  said  county  as  of  Jan- 
uary first,  nineteen  hundred  and  forty- 
four,  (2)  the  amount  of  the  estimated 
receipts  of  said  county  for  said  year, 
and,  (3)  a  sum,  which  shall  constitute 
the  county  tax,  and  which  shall  be  the 
difference  between  the  sum  of  the  two 
foregoing  items  and  the  total  amount 
of  the  authorized  expenditures  herein- 
before appropriated. 


Worcester  County. 

1     For  interest  on  county  debt,  a  sum  not 

exceeding $2,000  00  $2,000  00 

3  For  salaries  of  county  officers  and  assist- 

ants, a  sum  not  exceeding  .  ...  64,825  02  67,690  00 

4  For  clerical  assistance  in  county  offices,  a 

sum  not  exceeding      ....  98,729  62        106,335  00 

5  For    salaries    and    expenses    of    district 

courts,  a  sum  not  exceeding  .  .        193,733  46        200,230  00 

6  For  salaries  of  jailers,  masters  and  assist- 

ants, and  support  of  prisoners  in  jails 
and  houses  of  correction,  a  sum  not  ex- 
ceeding      118,648  92        122,800  00 

7  For  criminal  costs  in  superior  court,  a  sum 

not  exceeding 72,324  95  74,300  00 

8  For  civil  expenses  in  supreme  judicial,  su- 

perior, probate  and  land  courts,  a  sum 

not  exceeding 86,500  00  88,000  00 

9  For  trial  justices,  a  sum  not  exceeding     .  1,050  00  1,100  00 

10  For  transportation  and  expenses  of  county 

and  acting  commissioners,  a  sum  not  ex- 
ceeding      2,000  00  2,000  00 

11  For  medical  examiners  and  commitments 

of  insane,  a  sum  not  exceeding     .  .  20,000  00  20,000  00 

12  For  auditors,  masters  and  referees,  a  sum 

not  exceeding 10,000  00  10,000  00 

13  For  building  county  buildings  and  pur- 

chase of  land,  a  sum  not  exceeding        .  -  40,000  00 

14  For  repairing,  furnishing  and  improving 

county  buildings,  a  sum  not  exceeding  28,200  00  77,700  00 

15  For    care,    fuel,    lights    and    supplies    in 

county  buildings,  other  than  jails  and 
houses  of  correction,  a  sum  not  exceed- 
ing   81,991  07  83,920  00 


Acts,  1943.  —  Chap.  465. 


605 


Item 
16 


Appropriation     Appropriation 

Fiscal  Year  Fiscal  Year 

1943.  1944. 


$121,500  00 
15,140  00 
38,000  00 

43.800  00 
3,000  00 

11,000  00 

5,200  00 

15,000  00 

42,000  00 


10,000  00 

10,000  00 
12,500  00 

25,000  00 


For  highways,  including  state  highways, 
bridges  and  land  damages,  a  sum  not 
exceeding $119,748  06 

18  For  law  libraries,  a  sum  not  exceeding     .  14,846  25 

19  For  training  school,  a  sum  not  exceeding  37,451  08 

20  For  county  aid  to  agriculture,  a  sum  not 

exceeding  .....  42,308  20 

22  For  preventorium,  a  sum  not  exceeding   .  3,000  00 

23  For  Mount  Wachusett  State  reservation, 

a  sum  not  exceeding  ....  10,000  00 

23a  For  Purgatory  Chasm  State  reservation, 

a  sum  not  exceeding  .  .  .  4,857  94 

24  For  non-contributory  pensions,  a  sum  not 

exceeding 15,000  00 

25  For    contributory   retirement    system,    a 

sum  not  exceeding      ....  42,000  00 

25a  For  contributory  retirement  audit,  a  sum 

not  exceeding    .....  554  40 

26  For    miscellaneous    and    contingent    ex- 

penses, including  insurance,  a  sum  not 

exceeding 10,000  00 

27  For  unpaid  bills  of  previous  years,  a  sum 

not  exceeding    .....  10,000  00 

31     For  reserve  fund,  a  sum  not  exceeding     .  12.500  00 

33     For  post-war  rehabilitation  fund,  a  sum 

not  exceeding    .....  25,000  00 

And  the  county  commissioners  of  Worces- 
ter county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  current  year,  in  the  manner  pro- 
vided by  law,  the  following  sum  to  be 
expended  together  with  the  cash  bal- 
ance on  hand   and   the  receipts  from 

other  sources,  for  the  above  purposes  .      $838,598  97  - 

And  the  county  commissioners  of  Worces- 
ter county  are  hereby  authorized  to 
levy  as  the  county  tax  of  said  county 
for  the  year  nineteen  hundred  and 
forty-four,  in  the  manner  provided  by 
law,  such  sum  as  is  certified  to  said 
county  commissioners  on  or  before 
April  first  in  said  year  by  the  director 
of  accounts.  In  so  certifying  said  di- 
rector shall  set  forth,  (1)  the  amount  of 
the  net  unappropriated  cash  balance  in 
the  treasury  of  said  county  as  of  Janu- 
ary first,  nineteen  hundred  and  forty- 
four,  (2)  the  amount  of  the  estimated 
receipts  of  said  county  for  said  year, 
and,  (3)  a  sum,  which  shall  constitute 
the  county  tax,  and  which  shall  be  the 
difference  between  the  sum  of  the  two 
foregoing  items  and  the  total  amount  of 
the  authorized  expenditures  hereinbe- 
fore appropriated. 

Section  2.  No  person,  except  as  hereinafter  provided, 
shall  be  reimbursed  by  any  county,  out  of  funds  appropriated 
by  this  act,  for  any  expense  incurred  for  a  mid-day  meal  while 
traveling  within  the  commonwealth,  nor  shall  any  person  be 
so  reimbursed  for  the  amount  of  any  expense  incurred  for  a 
breakfast  while  so  traveling  which  is  in  excess  of  seventy-five 


606  Acts,  1943.  —  Chap.  466. 

cents  or  for  the  amount  of  any  expense  incurred  for  an  evening 
meal  while  so  traveling  which  is  in  excess  of  one  dollar  and 
twenty-five  cents;  provided,  that  officers  or  employees  who 
have  charge  of  juries  or  who  have  the  care  and  custody  of 
prisoners,  insane  persons  or  other  persons  placed  in  their 
charge  by  a  court  or  under  legal  proceedings  for  transfer  to  or 
from  court  to  an  institution  or  from  institution  to  institution 
and  persons  certified  by  a  district  attorney  as  engaged  in 
investigation  shall  be  reimbursed  for  the  expense  of  mid-day 
meals  when  necessarily  engaged  on  such  duty ;  and  provided, 
further,  that  officers  and  employees  in  attendance  at  meet- 
ings and  conferences  called  by  or  for  any  group  or  class  on  a 
state-wide  basis  shall  be  so  reimbursed. 

Nothing  herein  contained  shall  apply  to  county  employees 
who  receive  as  part  of  their  compensation  a  non-cash  allow- 
ance in  the  form  of  full  or  complete  boarding  and  housing, 
nor  be  construed  as  preventing  the  payment  of  allowances  for 
meals,  not  exceeding  two  dollars  and  fifty  cents  in  any  one 
day,  for  officers  or  employees  stationed  beyond  commuting 
distance  from  their  homes  for  a  period  of  more  than  twenty- 
four  hours. 

Section  3.  The  allowance  to  county  employees  for  ex- 
penses incurred  by  them  in  the  operation  of  motor  vehicles 
owned  by  them  or  by  any  member  of  their  immediate  families 
and  used  in  the  performance  of  their  official  duties  shall  not 
exceed  four  and  one  half  cents  per  mile  except  in  cases  where 
a  higher  allowance  is  specifically  provided  by  statute;  pro- 
vided, that  in  the  case  of  insane  commitments  the  justice  of 
the  court  ordering  the  commitment  may  order  a  higher  rate. 

Approved  June  7,  194S. 


ChapAQQ  An  Act  providing  for  the  construction  by  the  metro- 
politan   DISTRICT   COMMISSION   OF   A    FENCE   ALONG    POR- 
■    TIONS    OF    THE    BANKS    OF    THE    NEPONSET    RIVER    IN    THE 
HYDE    PARK    AND    MATTAPAN    DISTRICTS    OF    THE    CITY    OF 
BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  protecting  the  fives  of 
children  in  the  area  specified  below  and  to  prevent  further 
loss  of  life,  by  drowning,  among  the  children  of  the  Hyde 
Park  district  of  the  city  of  Boston,  the  metropolitan  district 
commission  is  hereby  authorized  and  directed  to  erect  a 
suitable  protective  fence  along  portions  of  the  banks  of  the 
Neponset  river  in  said  district  as  follows :  —  On  the  westerly 
bank,  from  a  point  near  the  junction  of  Reservation  road 
and  Hyde  Park  avenue  to  the  Dana  avenue  bridge;  on  the 
easterly  bank,  from  a  point  opposite  Foster  street  to  the  Dana 
avenue  bridge;  on  the  northerly  bank,  from  the  Dana  ave- 
nue bridge  to  a  point  three  hundred  and  sixty  feet  east- 
erly therefrom ;  and  on  both  banks,  from  the  railroad  trestle 
bridge  opposite  Walnut  street  to  the  Fairmount  bridge.    For 


Acts,  1943.  —  Chaps.  467,  468. 

said  purposes  said  commission  may  expend  such  sums,  not 
exceeding,  in  the  aggregate,  thirteen  thousand  dollars,  as  may- 
hereafter  be  appropriated  therefor. 

Section  2.  The  metropolitan  district  commission  is  fur- 
ther authorized  and  directed  to  erect  a  suitable  protective 
fence  along  portions  of  the  banks  of  said  river  in  the  Matta- 
pan  district  of  the  city  of  Boston  as  follows:  —  On  the  west- 
erly bank,  from  a  point  near  the  junction  of  Riverside  place 
and  River  street  to  a  point  approximately  one  thousand  feet 
in  a  northerly  direction  above  the  junction  of  Fremont  street 
and  River  street;  and  from  a  point  three  hundred  feet  south 
of  Duxbury  road  to  a  point  approximately  opposite  the  junc- 
tion of  Cedar  street  and  River  street.  For  said  purposes 
said  commission  may  expend  such  sums,  not  exceeding,  in 
the  aggregate,  five  thousand  dollars,  as  may  hereafter  be 
appropriated  therefor.  Approved  June  7,  1943.^, 


607 


An  Act  relative  to  the  weekly  payment  of  commis-  ChapAQ7 

SIGNS    DUE    TO    CERTAIN    EMPLOYEES. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  forty-eight  of  chapter  one  hun-  g.  l.  (Ter. 
dred  and  forty-nine  of  the  General  Laws,  as  most  recently  f  i48,etc!, 
amended  by  chapter  three  hundred  and  seventy-eight  of  amended. 
the  acts  of  the  current  year,  is  hereby  further  amended  by 
inserting  after  the  first  paragraph,  as  appearing  in  chapter 
one  hundred  and  sixty  of  the  acts  of  nineteen  hundred  and 
thirty-six,  the  following  paragraph:  — 

This  section  shall  apply,  so  far  as  apt,  to  the  payment  Section  appii- 
of  commissions  when  the  amount  of  such  commissions,  less  ^e^t  of  ^^^' 
allowable  or  authorized  deductions,  has  been  definitely  deter-  commissions. 
mined  and  has  become  due  and  payable  to  such  employee, 
and  commissions  so  determined  and  due  such   employees 
shall  be  subject  to  the  provisions  of  section  one  hundred 
and  fifty.  Approved  June  7,  1943. 

An  Act  relative  to  the  powers  of  boards  of  health  C/iap.468 

WITH   respect   to    CERTAIN   UNFIT   DWELLINGS. 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  twenty-eight  of  chapter  one  hun-  g.  l.  (Ter. 
dred  and  eleven  of  the  General  Laws,  as  appearing  in  the  Ter-  f  i2s/^^' 
centenary  Edition,  is  hereby  amended  by  adding  at  the  end  amended. 
the  two  following  paragraphs :  — 

Without  limiting  the  foregoing,  failure  to  conform  with  Housing 
two  or  more  of  the  following  housing  standards  shall,  in  the  standards. 
case  of  a  building  or  portion  thereof  which  is  leased  and  occu-  unfitiress^^etc. 
pied  as  a  dwelling  place,  be  a  sufficient  reason  for  a  finding  of 
unfitness  for  human  habitation  and  for  proceedings  in  accord- 
ance with  the  preceding  paragraph :  —  (1)  that  the  building 
and  premises  appurtenant  thereto  shall  be  kept  reasonably 
clean  and  free  from  rubbish;    (2)  that  the  floors,  ceilings. 


608 


Acts,  1943.  —  Chap.  469. 


Procedure. 

Equity  juris- 
diction. 


walls,  stairs  and  windows  shall  be  kept  in  reasonably  good 
repair  and  serviceable;  (3)  that  the  cellar,  basement,  floors, 
walls  and  ceilings  shall  be  reasonably  free  from  dampness; 
(4)  that  the  water  closets  and  drains  for  waste  therefrom 
shall  be  maintained  in  good  repair;  (5)  that  the  heat  gener- 
ating equipment  shall  be  reasonably  adequate  and  be  main- 
tained in  a  reasonably  safe  and  serviceable  condition. 

Instead  of  proceeding  under  the  first  paragraph  of  this  sec- 
tion, the  board  of  health,  if  satisfied  that  such  a  building  or 
portion  thereof  in  its  town  is  unfit  for  human  habitation,  as 
defined  in  this  section,  may  issue  a  written  notice  to  the 
owner  of  such  building,  as  appearing  in  the  current  records  of 
the  assessors  of  such  town,  setting  forth  the  particulars  of 
such  unfitness  and  requiring  that  the  conditions  be  remedied. 
If  the  person  so  notified  fails  within  a  reasonable  time  to 
remedy  the- conditions  thus  set  forth,  the  superior  court,  on  a 
petition  in  equity  brought  by  the  board  of  health,  shall  have 
jurisdiction,  by  injunction  or  otherwise,  to  enforce  the  stand- 
ards of  this  section  and  said  requirements  of  the  board  of 
health.  Approved  June  8,  19/^3. 


G.  L.  (Ter. 
Ed.),  31,  §  21, 
etc.,  amended. 


"Veteran' 
defined. 


C/iap.469  An  Act  including  persons  in  the  coast  guard  service 

OF   THE   UNITED    STATES    WITHIN   THE    VETERANS'    PREFER- 
ENCE  provisions   of   THE    CIVIL   SERVICE   LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  twenty-one  of  chapter  thirty-one  of  the  General 
Laws,  as  most  recently  amended  by  chapter  one  hundred  and 
ninety-four  of  the  acts  of  the  current  year,  is  hereby  further 
amended  by  inserting  after  the,  word  "navy"  in  the  third  and 
eighth  lines,  in  each  instance,  the  words:  —  ,  coast  guard,  — 
so  as  to  read  as  follows :  —  Section  21.  The  word  "veteran", 
as  used  in  this  chapter,  shall  mean  (1)  any  person  who  has 
served  in  the  army,  navy,  coast  guard  or  marine  corps  of  the 
United  States  in  time  of  war  or  insurrection  and  whose  last 
discharge  or  release  from  active  duty  therein  was  an  hon- 
orable one,  regardless  of  any  prior  discharge  or  release  there- 
from, or  (2)  any  person  who  has  distinguished  himself  by 
gallant  or  heroic  conduct  while  serving  in  the  army,  navy, 
coast  guard  or  marine  corps  of  the  United  States  and  has  re- 
ceived a  decoration  designated  as  the  congressional  medal  of 
honor  from  the  president  of  the  United  States  or  the  secre- 
tary 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  decora- 
tion, 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 
estabhshed  for  the  purpose  of  enabling  women  to  serve  with, 
or  as  auxiliary  to,  the  armed  forces  of  the  United  States,  and 
whose  last  discharge  or  release  from  active  duty  in  such  corps 


Acts,  1943.  —  Chaps.  470,  471.  609 

or  unit  was  an  honorable  one,  regardless  of  any -prior  dis- 
charge or  release  therefrom;  provided,  that  the  person  claim- 
ing 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  withdrew  such  intention  under  the  pro- 
visions of  the  act  of  congress  approved  July  ninth,  nineteen 
hundred  and  eighteen,  and  any  person  designated  as  a  con- 
scientious objector  upon  his  discharge,  shall  not  be  deemed  a 
"veteran"  within  the  meaning  of  this  chapter;  and  pro- 
vided, further,  that  no  member  of  the  United  States  coast 
guard  auxiliary  and  no  temporary  member  of  the  United 
States  coast  guard  reserve  shall  be  deemed  a  "veteran" 
within  the  meaning  of  this  chapter. 

Approved  June  8,  1943. 

An  Act  permitting  recipients  of  old  age  assistance,  ChapA70 
so    called,    to    leave    the    commonwealth    on    visit 
without  suspension  of  such  assistance. 

Be  it  enacted,  etc.,  as  folio io.s: 

Chapter  one  hundred  and  eighteen  A  of  the  General  Laws  g  l.  (Ter. 
is  hereby  amended  by  striking  out  section  six  A,  inserted  by  §'ga,  etc., ' 
chapter  one  hundred  and  sixtj^-five  of  the  acts  of  nineteen  amended. 
hundred  and  thirty-seven,  and  as  amended  by  section  seven 
of  chapter  seven  hundred  and  twenty-nine  of  the  acts  of  nine- 
teen hundred  and  forty-one,  and  inserting  in  place  thereof 
the  following  section:  —  Section  6 A.    Any  person  receiving  Absence  from 
assistance  under  this  chapter  may  be  absent  on  visit  from  we"aiTh  with- 
the  commonwealth  without  having  such  assistance  suspended.  °njgnefitr'°" 
Such  person,  before  departure  from  the  commonwealth  and 
following  return  thereto,  shall  notify  the  bureau  of  old  age 
assistance  of  the  town  granting  such  assistance.    The  depart- 
ment may  provide  by  rule  or  regulation  for  the  continuation 
of  such  assistance  during  such  period  as  it  may  deem  proper 
with  respect  to  cases  whore  the  suspension  of  such  assistance 
because  of  absence  from  the  commonwealth  would  result  in 
undue  hardship  or  be  inconsistent  with  the  provisions  of  this 
chapter.  Approved  June  8,  1943. 

An   Act   relative    to   the   rate    of    interest   on   re-  Qhav. 471 

FUNDS   of  taxes    IMPOSED    UPON    TRANSFERS    OF    CERTAIN 
ESTATES. 

Be  it  enacted,  etc.,  as  follows: 

Section  six  of  chapter  sixty-five  A  of  the  General  Laws,  as  g.  l.  (Ter. 
amended  by  section  two  of  chapter  four  hundred  and  twenty  f  e.^k^c^^' 
of  the  acts  of  nineteen  hundred  and  thirty-seven,  is  hereby  amended. 


610 


Acts,  1943.  —  Chaps.  472,  473. 


Refund  of 
excess  tax. 


further  amended  by  striking  out  the  last  sentence  and  in- 
serting in  place  thereof  the  following  sentence :  —  Any  excess 
tax  received  by  the  commonwealth  shall  be  refunded  within 
thirty  days  after  the  amount  shall  have  been  certified  by  the 
commissioner,  with  interest  at  four  per  cent  from  the  date 
of  payment,  without  appropriation. 

Approved  June  8,  1943. 


Chap. 472  An  Act  to  bring  certain  provisions  of  law  relating 

TO  THE  taxation  OF  MORRIS  PLAN  BANKS  INTO  CONFORM- 
ITY. 

Be  it  enacted,  etc.,  as  folloios: 

Section  one  of  chapter  sixty-thr^o  of  the  General  Laws,  as 
amended  by  section  one  of  chapter  three  hundred  and  twenty- 
seven  of  the  acts  of  nineteen  hundred  and  thirty-three,  is 
hereby  further  amended  by  striking  out  the  paragraph  de- 
fining "Bank"  and  inserting  in  place  thereof  the  following 
paragraph :  — 

"Bank",  Any  bank,  banking  association  or  trust  company 
doing  business  within  the  commonwealth,  whether  of  issue 
or  not,  existing  by  authority  of  the  United  States  or  of  a 
foreign  country,  or  of  any  law  of  the  commonwealth  not  con- 
tained in  chapters  one  hundred  and  sixty-eight  to  one  hun- 
dred and  seventy-one,  inclusive,  and  chapters  one  hundred 
and  seventy-three  and  one  hundred  and  seventy-four,  and 
any  corporation  authorized  by  section  one  of  chapter  one 
hundred  and  seventy-two  A  to  do  the  business  of  a  banking 
company.  Approved  June  8,  1943. 


G.  L.  (TeT. 
Ed.),  63, 
§  1,  etc., 
amended. 


"Bank" 
defined. 


ChapA7S  An  Act  relative  to  the  handling,  transportation  and 

DELIVERY  OF  FISH  AND  PERISHABLE  FOODSTUFFS  AT  WHOLE- 
SALE ON  THE  lord's  DAY. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  136, 
§  6,  etc., 
amended. 


Whereas,  It  is  in  the  interest  of  the  public  that  the  han- 
dling, transportation  and  delivery  of  fish  and  perishable  food- 
stuffs at  wholesale  be  permitted  on  the  Lord's  day,  especially 
during  the  existing  state  of  war  between  the  United  States 
and  certain  foreign  countries,  and  the  deferred  operation  of 
this  act  would  in  part  tend  to  defeat  its  purpose,  which  is 
to  make  immediately  possible  such  handling,  transportation 
and  delivery  on  the  Lord's  day,  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: 

Section  six  of  chapter  one  hundred  and  thirty-six  of  the 
General  Laws  is  hereby  amended  by  striking  out  the  fourth 
paragraph,  as  most  recently  amended  by  chapter  one  hun- 
dred and  forty-three  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  and  inserting  in  place  thereof  the  following 
paragraph :  — 


Acts,  1943.  —  Chap.  474.  611 

Nor  shall  it  prohibit  the  preparation,  printing  and  publi-  Saie  of  perish- 
cation  of  newspapers,  or  the  sale  and  delivery  thereof;  the  etc!  o°n  the 
wholesale  or  retail  sale  and  delivery  of  milk,  or  the  trans-  Lords  day. 
portation  thereof,  or  the  delivery  of  frozen  desserts  or  ice 
cream  mix,  or  both,  or  the  retail  sale  of  ice  or  of  fuel;  the 
handling,  transportation  and  delivery  of  fish  and  perishable 
foodstuffs  at  wholesale;  the  sale  at  wholesale  of  dressed  poul- 
try, and  the  transportation  of  such  poultry  so  sold,  on  the 
Lord's  day  next  preceding  Thanksgiving  day,  and  on  the 
Lord's  day  next  preceding  Christmas  day  except  when  Christ- 
mas day  occurs  on  Saturday,  the  Lord's  day  or  Monday; 
the  making  of  butter  and  cheese;  the  keeping  open  of  pub- 
lic bathhouses;  the  making  or  selling  by  bakers  or  their  em- 
ployees, before  ten  o'clock  in  the  forenoon  and  between  the 
hours  of  four  o'clock  and  half  past  six  o'clock  in  the  after- 
noon, of  bread  or  other  food  usually  dealt  in  by  them;  when- 
ever Rosh  Hashonah,  or  the  Day  of  Atonement,  begins  on 
the  Lord's  day,  the  retail  sale  and  delivery  of  fish,  fruit  and 
vegetables  before  twelve  o'clock  noon  of  that  day;  the  sell- 
ing or  delivering  of  kosher  meat  by  any  person  who,  accord- 
ing to  his  religious  belief,  observes  Saturday  as  the  Lord's 
day  by  closing  his  place  of  business  during  the  day  until  six 
o'clock  in  the  afternoon,  or  the  keeping  open  of  his  shop  on 
the  Lord's  day  for  the  sale  of  kosher  meat  between  the  hours 
of  six  o'clock  and  ten  o'clock  in  the  forenoon. 

(This  hill,  returned  hy  the  governor  to  the  Senate,  the  branch 
in  which  it  originated,  with  his  objections  thereto,  was  passed 
hy  the  Senate,  June  4,  1943,  and,  in  concurrence,  by  the  House 
of  Representatives,  June  8,  1943,  the  objections  of  the  governor 
notwithstanding,  in  the  maimer  prescribed  by  the  constitution; 
and  thereby  has  "the  force  of  a  law".) 


An  Act  temporarily  providing  for  the  use  of  certain  Chap. 4:7^ 

ROAD  AND  SNOW  REMOVAL  EQUIPMENT  BY  THE  COMMON- 
WEALTH AND  THE  VARIOUS  SUBDIVISIONS  THEREOF. 

Whereas,  Owing  in  part  to  conditions  arising  out  of  the  Emergency 
present  existing  state  of  war,  many  of  the  ways  of  the  com-  ^'^^^"^ 
monwealth  are  falling  into  serious  disrepair  and  the  purpose 
of  this  act  is  in  part  to  make  immediately  available  for  use 
by  the  commonwealth  and  its  various  political  subdivisions 
machinery  and  apparatTis  adapted  to  road  construction  and 
repair  and  not  now  available  for  such  use,  therefore  this  act    ■ 
is  hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  safety  and  convenience. 

Be  it  enacted,  etc.,  as  folio (os: 

Section  1.  The  county  commissioners  of  any  county,  or 
any  municipal  board,  department  or  officer,  having  posses- 
sion and  control  of  any  vehicle,  machinery  or  equipment 
adapted  to  the  construction,  maintenance,  alteration  or  repair 
of  public  ways,  or  to  the  removal  of  snow  therefrom,  may. 


612  Acts,  1943.  —  Chap.  475. 

in  the  case  of  a  city  with  the  approval  of  the  mayor  or  other- 
wise as  provided  by  its  charter,  and  in  the  case  of  a  town  with 
the  approval  of  the  selectmen,  lease  such  vehicle,  machinery 
or  equipment  to  any  department,  board,  commission  or  other 
agency  of  the  commonwealth  or  to  any  political  subdivision 
of  the  commonwealth,  and  any  department,  board,  commis- 
sion or  other  agency  of  the  commonwealth  having  any  such 
vehicle,  machinery  or  equipment  in  its  possession  and  con- 
trol may  allow  the  use  of  the  same  by  any  other  department, 
board,  commission  or  other  agency  of  the  commonwealth 
and  may  lease  the  same  to  any  political  subdivision  of  the 
commonwealth,  in  each  instance  upon  such  terms  and  con- 
ditions as  may  be  mutually  agreed  upon. 

Section  2.  This  act  shall  be  in  full  force  and  effect  only 
during  the  continuance  of  the  existing  state  of  war  between 
the  United  States  and  certain  foreign  countries. 

Approved  June  9,  194S. 


ChapA75  -^^  ^^t  authorizing  the  department  of  public  health 
TO  approve  the  taking  of  water  for  public  water 

SUPPLY  purposes  DURING  THE  PRESENT  EMERGENCY. 

Emergency  Wheveas,  The  deferred  operation  of  this  act  would  tend  to 

defeat  its  purpose,  which  is  to  protect  the  public  health  dur- 
ing the  existing  state  of  war,  therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  pres- 
ervation of  the  public  health. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  During  the  time  this  act  is  in  effect,  the 
authority  to  take  by  eminent  domain  under  section  forty  of 
chapter  forty  of  the  General  Laws,  as  amended  by  chapter 
three  hundred  and  fourteen  of  the  acts  of  nineteen  hundred 
and  thirty-three,  either  permanently  or  for  a  limited  period 
of  time,  the  right  to  draw  water  shall  extend  to  streams, 
ponds  or  reservoirs  or  ground  sources  of  supply,  wherever 
located,  if  not  already  appropriated  to  uses  of  a  municipality 
or  other  public  water  supply,  and  if  such  taking  is  first  ap- 
proved by  the  state  department  of  public  health,  and  water 
may  be  purchased  under  said  section  forty,  and  may  be  sold 
thereunder  to  any  body  politic  or  corporate  desiring  to  pur- 
chase the  same  as  aforesaid,  for  such  period  as  said  depart- 
ment may  approve;  but  in  case  of  any  such  taking  or  pur- 
chase for  water  supply  purposes  of  a  town  or  a  water  supply 
or  fire  and  water  district,  the  prior  vote  of  the  voters  at  a 
town  meeting  or  a  district  meeting,  as  the  case  may  be,  shall 
be  dispensed  with,  if  said  department  determines  that  the 
emergency  warrants  such  action,  and  such  determination 
shall  be  conclusive  evidence  of  the  emergency.  Nothing  in 
this  act  shall  affect  the  provisions  of  chapter  seven  hundred 
and  twenty-seven  of  the  acts  of  nineteen  hundred  and  forty- 
one. 


Acts,  1943.  —  Chaps.  476,  477.  613 

Section  2.  This  act  shall  be  in  effect  only  during  the 
continuance  of  the  existing  states  of  war  between  the  United 
States  and  any  foreign  country  and  one  year  thereafter. 

Approved  June  9,  1943. 


An  Act  relative  to  hospital  and  medical  expenses  in  ChapA7Q 

CONNECTION   WITH    THE    SUPPORT   OF   POOR    PERSONS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose  which  is  to  provide  immediately  a  more  p'"^'^"*'^'*'- 
equitable  reimbursement  to  cities  and  towns  for  sums  paid 
by  them  to  hospitals,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  health  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  eighteen  of  chapter  one  hundred  and  twenty-two  o.  l.  (Ter. 
of  the  General  Laws,  as  most  recently  amended  by  section  §'t8,'etc^,' 
two  of  chapter  two  hundred  and  seventy-five  of  the  acts  of  amended, 
nineteen  hundred  and  forty-three,  is  hereby  further  amended 
by  striking  out  the  fourth  sentence,  as  appearing  in  chapter 
four  hundred  and  twelve  of  the  acts  of  the  year  nineteen 
hundred  and  forty-one,  and  inserting  in  place  thereof  the 
two  following  sentences :  —  Bills  for  such  support  shall  not  j^p'^/'j"''gf^ipg 
be  allowed  unless  endorsed  with  the  declaration  that,  after  and  towns 
full  investigation,  no  kindred  able  to  pay  the  amount  charged  certaln^n- 
have  been  found,  and  that  the  amount  has  actually  been  digent  sick. 
paid  from  the  town  treasury,  nor  unless  they  are  approved 
by  the  department  or  by  a  person  designated  by  it.    There 
shall  be  allowed  for  the  support  of  a  person  in  a  hospital  such 
amounts,  not  exceeding  four  dollars  a  day,  as  may  be  pro- 
vided by  rules  and  regulations  made  by  the  department, 
authority  to  make  the  same  being  hereby  granted;  provided, 
that  expenses  incurred  by  a  town  for  tonsil  and  adenoid 
operations  shall  be  reimbursed  by  the  commonwealth  to  an 
amount  not  exceeding  fifteen  dollars  in  the  case  of  any  one 
such  operation.  Approved  June  9,  1943. 


An  Act  granting  the  consent  of  the  commonwealth  Chap  All 

TO  the  acquisition  by  the  united  STATES  OF  AMERICA 
OF  CERTAIN  PARCELS  OF  LAND  IN  THE  CITY  OF  BOSTON 
AND  IN  THE  TOWN  OF  HINGHAM  TO  FACILITATE  THE  WAR 
EFFORT  OF  THE  UNITED  STATES  NAVY  AND  GRANTING  AND 
CEDING    JURISDICTION    OVER    SUCH    PARCELS    OF   LAND. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^^^^^^^^ 
to  defeat  its  purpose,  which  is  to  provide  land  for  the  imme- 
diate use  of  the  United  States  Navy  for  the  purpose  of  na- 
tional defense,  therefore  it  is  hereby  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
public  safety. 


614  Acts,  1943.  —  Chap.  477. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  conditions  hereinafter  imposed 
the  consent  of  the  commonwealth  is  hereby  granted  to  the 
acquisition  by  the  United  States  of  America  by  purchase  or 
condemnation  the  following  described  parcels  of  land  for  use 
by  the  Navy  Department  in  connection  with  the  war  effort 
and  for  the  purposes  hereinafter  stated. 

1.  All  that  certain  piece  or  parcel  of  land  situated  in  that 
part  of  Boston  called  Charlestown,  County  of  Suffolk,  being 
more  particularly  shown  and  described  on  the  plan  to  be  filed 
with  the  secretary  of  state  as  hereinafter  provided  and  being 
the  same  premises  acquired  by  the  United  States  under  the 
authority  of  the  Act  of  Congress  approved  January  29,  1942 
(Public  Law  420,  77th  Congress)  for  the  expansion  of  the 
Boston  Navy  Yard,  in  fee  simple  by  a  declaration  of  taking 
filed  June  24,  1942  in  the  District  Court  of  the  United  States 
for  the  District  of  Massachusetts  in  the  case  of  the  United 
States  of  America  v.  0.193  of  an  acre  of  land  more  or  less  in 
Charlestown,  Suffolk  County,  Massachusetts,  City  Associ- 
ates Incorporated,  et  al.,  Civil  No.  6551  and  bounded  and 
described  as  follows: 

Beginning  at  the  northeast  corner  of  the  intersection  of 
Charles  River  Avenue  and  Water  Street  and  following  the 
easterly  line  of  said  Water  Street  a  distance  of  102.02  feet  to 
the  southwesterly  line  of  Lot  122  on  plan  drawn  by  S.  M. 
Felton,  dated  May  10,  1843,  and  recorded  with  Middlesex 
South  District  Office,  Book  of  Plans,  #1  Plan  39,  and  follow- 
ing the  southeast  boundary  of  said  land  a  distance-  of  82.19 
feet  to  the  land  of  the  Fitchburg  Railroad  Company;  thence 
along  the  northwest  line  of  said  railroad  a  distance  of  99.33 
feet  to  the  northeast  side  of  Charles  River  Avenue;  thence 
continuing  along  said  Avenue  a  distance  of  82.04  feet  to  the 
point  of  beginning,  containing  0.193  of  an  acre  of  land,  more 
or  less. 

2.  All  that  certain  piece  or  parcel  of  land  situated  in  that 
part  of  Boston  called  South  Boston,  County  of  Suffolk  being 
more  particularly  shown  and  described  on  the  plan  to  be  filed 
with  the  Secretary  of  State  as  hereinafter  provided  and  being 
the  same  premises  acquired  by  the  United  States  of  America 
under  authority  of  the  Act  of  Congress  approved  February  6, 
1942  (Public  Law  440,  77th  Congress)  for  the  expansion  of  the 
United  States  Naval  Dry  Dock  at  South  Boston  Massachu- 
setts in  fee  simple  by  declaration  of  taking  filed  May  27, 
1942  in  the  United  States  District  Court  for  the  District  of 
Massachusetts  in  the  case  of  the  United  States  of  America  v. 
17.29  acres  of  land  more  or  less  in  South  Boston  Suffolk 
County  Massachusetts  and  Jesse  Tirrel  Estate,  et  al.,  Civil 
No.  6537  and  bounded  and  described  as  follows: 

Beginning  on  the  northerly  side  of  East  First  Street  300 
feet  westerly  of  the  westerly  side  of  K  Street;  thence  run- 
ning S.  88°  41'  10"  W.,  by  said  East  First  Street  349.10  feet; 
thence  running  N.  1°  13'  50"  W.,  by  the  center  of  I  Street  as 


Acts,  1943.  —  Chap.  477.  615 

it  extends  northerly  from  East  First  Street  516  feet;  thence 
running  N.  32°  24'  36"  E.,  69.03  feet;  thence  running  N.  4" 
04'  15"  E.,  84  feet;  thence  running  N.  82°  13'  38"  E.,  75 
feet;  thence  running  N.  42°  27'  15"  E.,  75.61  feet;  thence 
running  N.  11°  04'  00"  E.,  593.72  feet  to  the  U.  S.  Pierhead 
and  Bulkhead  line;  thence  running  N.  88°  41'  10"  E.  by  the 
U.  S.  Pierhead  and  Bulkhead  line  539.53  feet;  thence  run- 
ning S.  11°  04'  00"  W.,  893.27  feet;  thence  runnmg  S.  1° 
18'  50"  E.  by  K  Street  294.50  feet;  thence  running  S.  88° 
41'  10"  W.  by  land  now  or  formerly  of  the  Linde  Air  Prod- 
ucts Company  300  feet;  thence  running  S.  1°  18'  50"  E.,  by 
land  of  the  Linde  Air  Products  Company  133  feet  to  East 
First  Street,  the  point  of  beginning,  containing  17.29  acres, 
more  or  less. 

3.  All  those  ten  pieces  or  parcels  of  land  situated  in  that 
part  of  Boston  called  East  Boston,  County  of  Suffolk  being 
more  particularly  shown  and  described  on  the  plan  or  plans 
to  be  filed  with  the  Secretary  of  State  as  hereinafter  pro- 
vided and  being  the  same  premises  acquired  by  the  United 
States  under  the  authority  of  the  Act  of  Congress  approved 
August  21,  1941  (Public  Law  241,  77th  Congress)  for  the 
establishment  of  fuel  storage  facilities  at  Orient  Heights  East 
Boston  Massachusetts  in  fee  simple  by  a  declaration  of  tak- 
ing filed  August  13,  1942  in  the  United  States  District  Court 
for  the  District  of  Massachusetts  in  the  case  of  the  United 
States  of  America  v.  60.325  acres  of  land  more  or  less,  Boston, 
Suffolk  County,  Massachusetts  and  Boston  Port  Develop- 
ment Company  et  al..  Civil  No.  6503  and  bounded  and  de- 
scribed as  follows: 

Parcel  "A".  Commencing  in  the  westerly  side  of  the 
location  of  the  Boston  and  Maine  Railroad  at  a  point  eighty 
(80)  feet  from  the  southerly  side  line  of  Boardman  Street 
extended,  measured  south  31°  32'  West  along  the  said  west- 
erly side  line  of  railroad  location,  thence  running  south  31° 
32'  west  by  the  said  westerly  side  line  of  location  of  said 
Railroad  thirteen  hundred  seventy-two  and  seventy-seven 
one  hundredths  (1372.77)  feet  to  the  former  division  between 
Noddles  Island  and  Breeds  Island;  thence  running  south 
58°  28'  east  by  said  division  and  still  by  said  Railroad  loca- 
tion sixteen  and  twenty-five  one  hundredths  (16.25)  feet; 
thence  running  south  31°  32'  west,  still  by  the  westerly  side 
of  said  Railroad  location,  eighteen  hundred  ninety-five  and 
five  tenths  (1895.50)  feet;  thence  running  southwesterly, 
still  by  the  westerly  side  of  said  Railroad  location,  by  a 
curved  line  having  a  radius  of  seven  thousand  eighty  and 
five  tenths  (7080.50)  feet,  about  three  hundred  ten  (310) 
feet  to  the  location  of  the  Boston  and  Albany  Railroad; 
thence  running  northerly  by  the  location  of  the  said  Boston 
and  Albany  Railroad  by  a  curved  line,  having  a  radius  of 
nine  hundred  forty-one  and  twenty-five  one  hundredths 
(941.25)  feet  about  five  hundred  forty-three  (543)  feet; 
thence  running  north  33°  52'  55"  east  by  land  of  the  Com- 


616  Acts,  1943. —  Chap.  477. 

monwealth  of  Massachusetts,  two  hundred  twenty-eight  and 
seventy-three  one  hundredths  (228.73)  feet;  thence  running 
north  61°  02'  30"  east,  still  by  land  of  the  Commonwealth 
of  Massachusetts  and  by  a  right  of  way,  one  hundred  thirty 
and  fifty-five  one  hundredths  (130.55)  feet;  thence  nmning 
north  12°  35'  30"  west,  still  by  land  of  the  Commonwealth 
of  Massachusetts  and  the  end  of  the  right  of  way  above 
referred  to,  fifteen  and  sixty-three  one  hundredths  (15.63) 
feet;  thence  running  north  61°  02'  30"  east,  still  by  land  of 
the  Commonwealth  of  Massachusetts  thirty-three  and  eight 
tenths  (33.80)  feet;  thence  running  north  12°  35'  30"  west, 
still  by  land  of  the  Commonwealth  of  Massachusetts  about 
one  hundred  sixty  (160)  feet  to  the  original  low  water  line 
of  Chelsea  River;  thence  running  northerly  by  Chelsea  River 
by  the  original  low  water  line  about  twenty-seven  hundred 
fifty-five  (2755)  feet;  thence  running  south  58°  28'  east  by 
lands  now  or  formerly  of  the  Boston  Port  Development  Com- 
pany about  five  hundred  twenty-five  (525)  feet  to  the  point 
of  beginning,  said  Parcel  A  extending  from  the  Boston  and 
Maine  Railroad  westerly  to  the  original  low  water  line  of 
Chelsea  River,  including  appurtenant  riparian  rights. 

Parcel  " B".  Commencing  in  the  easterly  side  of  the  loca- 
tion of  the  Boston  and  Maine  Railroad  at  a  point  one  hun- 
dred one  and  eleven  one  hundredths  (101.11)  feet  from  the 
southerly  side  line  of  Boardman  Street,  measured  south  31° 
32'  west  along  the  said  easterly  side  line  of  Railroad  loca- 
tion; thence  running  south  45°  34'  30"  east  by  land  now  or 
formerly  of  the  Boston  Port  Development  Company  three 
hundred  fourteen  and  thirty-two  one  hundredths  (314.32) 
feet;  thence  running  south  41°  26'  17"  east  by  land  now  or 
formerly  of  Vecchio  forty-five  and  two  tenths  (45.20)  feet; 
thence  running  south  35°  38'  04"  east,  still  by  land  of  said 
Vecchio,  thirty-three  and  four  tenths  (33.40)  feet  to  the  State 
Highway,  called  the  McClellan  Highway;  thence  running 
south  30°  57'  51"  west  by  said  State  Highway  eight  hun- 
dred seventy-six  and  seven  tenths  (876.70)  feet;  thence  run- 
ning southwesterly  by  a  curved  line  having  a  radius  of  nine 
hundred  fifty  (950)  feet,  and  still  by  said  State  Highway, 
five  hundred  fifty-six  and  six  tenths  (556.60)  feet;  thence 
running  south  64°  32'  west,  still  by  said  State  Highway,  one 
hundred  fifty-one  and  sixty-two  one  hundredths  (151.62)  feet; 
thence  running  southwesterly  by  a  curved  line  having  a 
radius  of  ten  hundred  fifty  (1050)  feet,  still  by  said  State 
Highway,  six  hundred  four  and  seventy-six  one  hundredths 
(604.76)  feet  to  the  easterly  side  of  the  location  of  the  Boston 
and  Maine  Railroad,  thence  running  north  31°  32'  east  by 
the  easterly  side  line  of  location  of  the  said  Railroad  eight 
hundred  sixty-six  and  one  tenth  (866.10)  feet;  thence  run- 
ning south  58°  28'  east  by  the  former  division  between 
Noddles  Island  and  Breeds  Island,  still  by  said  Railroad 
location,  sixteen  and  twenty-five  one  hundredths  (16.25)  feet; 
thence  running  north  31°  32'  east  by  the  easterly  side  line 
of  the  said  Railroad  location  thirteen  hundred  thirty-two  and 


Acts,  1943. —  Chap.  477.  617 

eighty-three  one  hundredths  (1332.83)  feet  to  the  point  of 
beginning. 

Parcel  "C".  Commencing  in  the  westerly  side  of  Board- 
man  Street  at  a  stone  monument  at  the  point  of  curve  of 
the  State  Highway  Hne,  thence  running  south  27°  17'  09" 
east  by  said  Boardman  Street  forty-nine  and  Thirty-one  one 
hundredths  (49.31)  feet;  thence  running  south  32°  12'  16" 
east  by  said  Boardman  Street  one  Hundred  sixty-one  and 
thirty-two  one  hundredths  (161.32)  feet;  thence  running 
southeasterly,  still  by  said  Boardman  Street,  by  a  curved 
line  having  a  radius  of  sixteen  hundred  twelve  and  eighty- 
eight  one  hundredths  (1612.88)  feet,  two  hundred  twenty 
and  sixty-two  one  hundredths  (220.62)  feet;  thence  running 
south  40°  02'  31"  east,  still  by  said  Boardman  Street,  seventy- 
three  and  fifty-four  one  hundredths  (73.54)  feet;  thence 
running  south  42°  59'  04"  east,  still  by  said  Boardman  Street, 
four  hundred  thirty-eight  and  seven  tenths  (438.70)  feet; 
thence  running  south  63°  19'  56"  west  by  lands  of  the  City 
of  Boston  two  hundred  forty-six  and  four  tenths  (246.40) 
feet;  thence  running  south  54°  54'  18"  west  by  land  of 
the  Boston  Port  Development  Company  fourteen  hundred 
twenty-seven  and  three  tenths  (1427.30)  feet;  thence  run- 
ning north  73°  12'  50"  west  by  lands  of  the  Boston  Port 
Development  Company  and  of  the  Maverick  Mills  six  hun- 
dred sixty-one  and  forty-three  one  hundredths  (661.43)  feet 
to  the  State  Highway;  thence  running  northeasterly  by 
said  State  Highway  by  a  curved  line  having  a  radius  of  nine 
hundred  eleven  and  four  one  hundredths  (911.04)  feet;  four 
hundred  twenty  and  forty-five  one  hundredths  (420.45)  feet; 
thence  running  north  64°  32'  east  by  said  State  Highway  one 
hundred  sixty-four  and  ninety-nine  one  hundredths  (164.99) 
feet;  thence  running  northeasterly  by  said  State  Highway  by 
a  curved  line  having  a  radius  of  ten  hundred  fifty  (1050)  feet, 
six  hundred  fifteen  and  eighteen  one  hundredths  (615.18) 
feet;  thence  running  north  30°  57'  51"  east  by  said  State 
Highway  eight  hundred  sixty-one  and  sixty-three  one  hun- 
dredths (861.63)  feet  to  a  stone  bound  near  Boardman 
Street,  thence  running  northeasterly,  easterly  and  south- 
easterly by  a  curved  line  at  the  junction  of  the  State  High- 
way and  Boardman  Street  having  a  radius  of  forty  (40) 
feet,  eighty-five  (85)  feet  to  a  stone  monument  at  Board- 
man  Street  at  the  point  of  beginning,  excepting  from  the 
above  description  that  portion  thereof  owned  by  Guiseppe 
Visconti  hereinafter  described  as  Parcel  "I". 

Parcel  "D".  Commencing  in  the  westerly  side  of  the 
location  of  the  Boston  and  Maine  Railroad  at  a  stone  monu- 
ment eighty  (80)  feet  from  the  southerly  side  line  of  Board- 
man  Street  extended,  measured  south  31°  32'  west  along  the 
said  westerly  side  line  of  Railroad  location,  thence  running 
north  58°  28'  west  by  land  now  or  formerly  of  the  Boston 
Port  Development  Company  about  five  hundred  twenty-five 
(525)  feet  to  the  original  low  water  line  of  Chelsea  River; 
thence  running  northerly  by  Chelsea  River  by  the  original 


618  Acts,  1943.  —  Chap.  477. 

low  water  line  about  four  hundred  seventy-five  (475)  feet; 
thence  running  northeasterly  by  a  curved  line  having  a  radius 
of  five  hundred  thirty-five  (535)  feet  about  two  hundred  sev- 
enty-three (273)  feet  by  land  and  flats  of  the  Tide  Water  Oil 
Company;  thence  running  north  62°  51'  28"  east  by  land 
and  flats  of  the  said  Tide  Water  Oil  Company  nine  hundred 
ninety-nine  and  thirty-five  one  hundredths  (999.35)  feet; 
thence  running  south  67°  54'  39"  east  by  land  and  flats  of  the 
Commonwealth  of  Massachusetts  one  Hundred  forty-seven 
and  sixty-three  one  hundredths  (147.63)  feet  to  the  location 
of  the  Boston  and  Maine  Railroad;  thence  running  south  31* 
32'  28"  west  by  the  westerly  side  of  the  location  of  the  Bos- 
ton and  Maine  Railroad  fifteen  hundred  forty-nine  and 
twenty-three  one  hundredths  (1549.23)  feet  to  the  point  of 
beginning,  said  parcel  "D"  extending  to  the  original  low 
water  line  of  Chelsea  River,  including  appurtenant  riparian 
rights  of  Parcel  "D". 

Parcel  "E".  Commencing  in  the  westerly  side  of  the  State 
Highway  at  land  of  the  Tide  Water  Oil  Company,  thence 
running  south  30°  57'  51"  west  by  the  State  Highway  five 
hundred  forty-one  and  nine  one  hundredths  (541.09)  feet  to  a 
stone  monument  at  land  of  the  Boston  and  Maine  Railroad  — 
Branch  line;  thence  running  north  79°  32'  32"  west  by  said 
Railroad  —  branch  line  two  and  nineteen  one  hundredths 
(2.19)  feet;  thence  running  westerly  and  southwesterly  by 
said  Railroad  —  branch  line  by  a  curved  line  having  a  radius 
of  six  hundred  sixty  and  seventy-seven  one  hundredths 
(660.77)  feet  five  hundred  seventeen  and  fifty-five  one  hun- 
dredths (517.55)  feet  to  a  stone  monument  in  the  easterly 
side  of  the  location  of  the  Boston  and  Maine  Railroad; 
thence  running  north  31°  32'  28"  east  by  the  location  of  the 
said  Boston  and  Maine  Railroad  eight  hundred  fifty-three 
and  twenty-nine  one  hundredths  (853.29)  feet  to  a  stone 
monument;  thence  running  south  67°  50'  22"  east  by  land 
of  the  Tide  Water  Oil  Company  eighty-one  and  fifty-nine  one 
hundredths  (81.59)  feet  to  a  stone  monument;  thence  run- 
ning south  59°  48'  17"  east  by  land  of  the  said  Tide  Water 
Oil  Company  one  hundred  fifty-seven  and  fifty-four  one  hun- 
dredths (157.54)  feet  to  a  stone  monument;  thence  running 
south  67°  06'  52"  east  still  by  land  of  the  Tide  Water  Oil  Com- 
pany one  hundred  twenty-five  and  eight  tenths  (125.80)  feet 
to  the  State  Highway  at  the  point  of  beginning  —  said  last 
three  lines  and  courses  being  along  the  boundary  line  between 
the  Cities  of  Boston  and  Revere. 

Parcel  "F".  Commencing  at  a  stone  monument  in  the 
northeasterly  side  of  Boardman  Street  at  the  westerly  end  of 
the  curve  at  the  junction  of  Boardman  Street  and  the  State 
Highway,  thence  running  north  45°  34'  30"  west  three  hun- 
dred thirty-seven  and  nine  tenths  (337.90)  feet  to  the  loca- 
tion of  the  Boston  and  Maine  Railroad;  thence  running 
north  31°  32'  28"  east  by  the  easterly  side  of  the  location  of 
the  Boston  and  Maine  Railroad  four  hundred  ninety-nine 
and  sixty-two  one  hundredths  (499.62)  feet  to  a  stone  monu- 


Acts,  1943.  —  Chap.  477.  619 

ment;  thence  running  northeasterly  and  easterly  by  the 
location  of  the  Boston  and  Maine  Railroad  —  branch  line  by 
a  curved  line  having  a  radius  of  six  hundred  thirteen  and 
seventy-seven  one  hundredths  (613.77)  feet  six  hundred  ten 
and  thirteen  one  hundredths  (610.13)  feet  to  a  stone  monu- 
ment at  the  State  Highway;  thence  running  south  30°  57'  51" 
west  by  the  State  Highway;  nine  hundred  ninety  and  forty- 
six  one  hundredths  (990.46)  feet  to  a  stone  monument;  thence 
running  southwesterly,  westerly  and  northwesterly  by  a 
curved  line  at  the  junction  of  the  State  Highway  and  Board- 
man  Street  having  a  radius  of  forty  (40)  feet  seventy-two  and 
twenty-three  one  hundredths  (72.23)  feet  to  a  stone  monu- 
ment at  the  point  of  beginning. 

Parcel  "G".  Commencing  in  the  southwesterly  side  of 
Boardman  Street  at  the  easterly  side  of  the  location  of  the 
Boston  and  Maine  Railroad,  thence  running  south  45°  34'  30" 
east  three  hundred  thirty  and  seventy-two  one  hundredths 
(330.72)  feet  to  a  stone  monument;  thence  running  south- 
easterly by  a  curved  line  having  a  radius  of  seventy-four  and 
two  one  hundredths  (74.02)  feet,  still  by  said  Boardman 
Street,  seven  and  sixty-eight  one  hundredths  (7.68)  feet  to 
land  now  or  formerly  of  Vecchio;  thence  running  south  45° 
18'  30"  west  by  land  now  or  formerly  of  Vecchio  ninety- 
eight  and  sixteen  one  hundredths  (98.16)  feet;  thence  run- 
ning north  45°  34'  30"  west  by  land  now  or  formerly  of  the 
Boston  Port  Development  Company  three  hundred  fourteen 
and  thirty-two  one  hundredths  (314.32)  feet  to  the  location 
of  the  Boston  and  Maine  Railroad;  thence  running  north 
31°  32'  east  by  the  location  of  the  Boston  and  Maine  RaUroad 
one  hundred  one  and  eleven  one  hundredths  (101.11)  feet  to 
the  point  of  beginnmg. 

Parcel  "I".  Beginning  at  the  westerly  side  of  Boardman 
Street  at  a  stone  monument  at  the  point  of  curve  of  the  State 
Highway  line;  thence  running  south  27°  17'  9"  east  by  said 
Boardman  Street  49.31  feet;  thence  running  south  32°  12'  16" 
east  56.79  feet;  thence  running  south  62°  42'  51"  west  104.85 
feet;  thence  north  27°  17'  9"  west  115.81  feet  to  a  point  in 
the  easterly  boundary  line  of  the  State  Highway;  thence 
north  30°  57'  51"  east  45.81  feet  to  a  stone  monument;  thence 
running  northeasterly,  easterly,  and  southeasterly  by  a 
curved  line  to  the  junction  of  the  State  Highway  and  Board- 
man  Street,  having  a  radius  of  40  feet,  85  feet  to  a  stone 
monument  at  Boardman  Street,  at  the  point  of  beginning. 

Parcel  "J".  Beginning  at  the  southerly  side  of  Marginal 
Street  at  a  point  about  opposite  the  easterly  line  of  Jeffries 
Street  at  land  now  or  formerly  of  the  Union  Welting  Com- 
pany, thence  running  south  71°  56'  20"  east  by  Marginal 
Street  two  hundred  and  twenty-two  one  hundredths  (200.22) 
feet;  thence  running  south  4°  01'  31"  west  by  land  and  flats 
now  or  formerly  of  the  International  Glue  Company  about 
three  hundred  forty-four  and  eleven  hundredths  (344.11)  feet 
to  the  original  low  water  line  in  Boston  Harbor;  thence  run- 
ning westerly  by  the  original  low  water  line  in  Boston  Harbor 


620  Acts,  1943.  —  Chap!  477. 

about  two  hundred  twenty-five  (225)  feet;  thence  running 
north  4°  01'  31"  east  about  four  hundred  seventy-nine  and 
ninety-nine  one  hundredths  (479.99)  feet  to  Marginal  Street 
to  the  point  of  beginning,  said  parcel  of  land  extending  from 
Marginal  Street  to  low  water  line  in  Boston  Harbor  and  in- 
cluding all  the  appurtenant  riparian  rights. 

Parcel  "K'\  That  portion  of  Boardman  Street  lying  west 
of  the  west  line  of  the  State  of  Massachusetts  Highway  known 
as  McClellan  Highway  and  east  of  the  east  line  of  the  Boston 
and  Maine  Railroad  Company  right  of  way. 

4.  All  that  certain  piece  or  parcel  of  land  situated  in  the 
town  of  Hingham,  County  of  Plymouth,  Commonwealth  of 
Massachusetts  being  more  particularly  shown  and  described 
on  the  plan  or  plans  to  be  filed  with  the  Secretary  of  State  as 
hereinafter  provided  and  being  the  same  premises  acquired 
by  the  United  States  under  the  authority  of  the  Act  of  Con- 
gress approved  August  6,  1942  (Public  Law  700,  77th  Con- 
gress) for  use  in  connection  with  the  Naval  Ammunition 
Depot  at  Hingham,  Massachusetts,  in  fee  simple  by  declara- 
tion of  taking  filed  December  30,  1942  in  the  United  States 
District  Court  for  the  District  of  Massachusetts  in  the  case 
of  the  United  States  of  America  v.  9.85  acres  of  land  more  or 
less  in  Hingham,  Plymouth  County,  Commonwealth  of  Mas- 
sachusetts, Carrie  A.  Litchfield,  et  al.,  Misc.  Civil  No.  6616 
and  bounded  and  described  as  follows: 

Beginning  at  a  stone  bound  on  the  westerly  side  of  Fort 
Hill  Street,  a  corner  of  land  of  the  United  States  Naval  Am- 
munition Depot,  Hingham,  Massachusetts,  thence  along  said 
westerly  side  of  Fort  Hill  Street,  S.  8°  44'  20"  W.,  22L56 
feet  to  a  stone  bound;  thence  S.  4°  17'  40"  W.,  46.73  feet  to  a 
stone  bound;  thence  S.  2°  31'  20"  E.,  33.19  feet  to  a  stone 
bound;  thence  S.  4°  54'  20"  W.,  33.69  feet  to  a  corner  of  land 
of  Henry  B.  Backenstoss  and  Violet  Pendleton;  thence  with 
the  northerly  line  of  said  lands  N.  86°  40'  00"  W.,  95  feet  to  a 
corner;  thence  with  the  westerly  line  of  said  lands  S.  3°  56' 
15"  W.,  105.70  feet  to  a  corner;  thence  S.  13°  25'  40"  W., 
20  feet  to  a  point,  thence  S.  70°  02'  30"  E.,  97.39  feet  to  a 
point  on  the  westerly  line  of  Fort  Hill  Street;  thence  with 
said  westerly  line  of  Fort  Hill  Street  S.  13°  25'  40"  W.,  88.63 
feet  to  a  stone  bound;  thence  southwesterly  following  the 
arc  of  a  curve  with  a  radius  of  118.50  feet,  a  distance  of  67.60 
feet  to  a  stone  bound;  thence  S.  46°  06'  40"  W.,  81.63  feet 
to  a  stone  bound;  thence  S.  49°  05'  20"  W.,  118.42  feet  to  a 
stone  bound  on  the  northerly  line  of  the  land  of  Ethel  Mac- 
Kiernan;  thence  along  said  line  N.  67°  25'  40"  W.,  75.14  feet 
to  a  point;  thence  N.  81°  59'  40"  W.,  99.30  feet  to  a  point; 
thence  N.  88°  47'  10"  W.,  55.56  feet  to  a  point;  thence  S.  76° 
47'  40"  W.,  with  the  North  line  of  the  lands  of  said  Ethel 
MacKiernan  and  the  lands  of  Mary  G.  and  Francis  J.  Mur- 
ray, 212.37  feet  to  a  point  on  the  boundary  of  the  United 
States  Naval  Ammunition  Depot,  Hingham,  Massachusetts; 
thence  along  the  land  of  the  United  States  Naval  Ammuni- 
tion Depot,  N.  2°  52'  25"  E.,  744.97  feet  to  a  stone  bound,  a 


Acts,  1943.  —  Chap.  477.  621 

corner  of  land  of  the"  United  States  Naval  Ammunition  De- 
pot, Hingham,  Massachusetts;  thence  N.  87°  47'  22"  E. 
222.30  feet  to  a  point;  thence  S.  85°  56'  05"  E.,  70  feet  to  a 
point;  thence  S.  85°  23'  56"  E.,  32.32  feet  to  a  point;  thence 
N.  85°  54'  54"  E.,  157.08  feet  to  a  point;  thence  N.  86°  17' 
58"  E.,  168.42  feet  to  a  stone  bound,  the  first  mentioned  point 
and  place  of  beginning;   containing  9.85  acres,  more  or  less. 

5.  All  those  certain  three  pieces  or  parcels  of  land  situated 
in  the  town  of  Hingham,  Plymouth  County,  Massachusetts, 
being  more  particularly  shown  and  described  on  the  plan  to 
be  filed  with  the  Secretary  of  State  as  hereinafter  provided 
and  being  the  same  premises  acquired  by  the  United  States 
under  authority  of  the  Acts  of  Congress  approved  July  14, 
1941  (Public  Law  174,  77th  Congress)  and  July  3,  1941  (Pub- 
lic Law  150,  77th  Congress)  for  use  in  connection  with  the 
Naval  Ammunition  Depot  at  Hingham,  Massachusetts,  in 
fee  simple  by  a  declaration  of  taking  filed  February  3,  1942 
in  the  United  States  District  Court  for  the  District  of  Mas- 
sachusetts in  the  case  of  the  United  States  of  America  v. 
29.71  acres  of  land  more  or  less  in  Hingham,  Plymouth 
County,  Massachusetts  and  Mary  Lee  Lincoln,  et  al.,  Misc. 
Civil  No.  6478  and  bounded  and  described  as  follows: 

Parcel  No.  1.  Beginning  at  a  point  on  the  South  side  of 
Beal  Street  approximately  290  feet  East  of  the  centerline 
intersection  of  Beal  Street  and  Lincoln  Street,  in  the  Town 
of  Hingham;  thence  running  North  81°  21'  00"  East  along 
Beal  Street,  a  distance  of  4.52  feet  to  the  beginning  of  a  curve 
of  400.10  feet  radius;  thence  by  said  curve  in  a  Southeasterly 
direction  a  distance  of  271.15  feet;  thence  South  59°  49'  11" 
East  a  distance  of  350.36;  thence  by  land  formerly  of  Seth 
Sprague  and  Robert  H.  Birchmore  in  a  Southwesterly  direc- 
tion 339.50  feet;  thence  by  land  formerly  of  Seth  Sprague 
and  Robert  H.  Birchmore  in  a  Northwesterly  direction  a  dis- 
tance of  52.69  feet;  thence  by  land  formerly  of  the  Town  of 
Hingham,  North  60°  40'  07"  West  a  distance  of  478.58  feet; 
thence  by  land  formerly  of  the  Town  of  Hingham  North 
16°  37'  03"  East  a  distance  of  261.45  feet  to  the  point  of 
beginning;   containing  4.35  acres  of  land,  more  or  less. 

Parcel  No.  2.  Beginning  at  a  point  on  the  Southwest  side 
of  Beal  Street  approximately  915  feet  East  of  the  centerline 
intersection  of  Beal  Street  and  Lincoln  Street  in  the  Town  of 
Hingham;  thence  along  said  Beal  Street  South  59°  52'  34" 
East  a  distance  of  194.97  feet;  thence  South  58°  18'  11"  East 
a  distance  of  6.15  feet;  thence  South  59°  11'  12"  East  a  dis- 
tance of  62.70  feet;  thence  South  59°  50'  03"  East  a  distance 
of  146.47;  thence  South  60°  10'  52"  East  a  distance  of  89.86 
feet;  thence  South  60°  02'  26"  East  a  distance  of  97.10  feet; 
thence  in  a  Southeasterly  direction  by  land  formerly  of  the 
Town  of  Hingham  a  distance  of  325.51  feet;  thence  in  a 
Northwesterly  direction  by  land  formerly  of  Town  of  Hing- 
ham a  distance  of  351.15;  thence  in  a  Southwesterly  direc- 
tion by  land  formerly  of  the  Town  of  Hingham  a  distance  of 
391.94  feet;    thence  in  a  Northwesterly  direction  by  land 


622  Acts,  1943.  —  Chap.  477. 

formerly  of  Town  of  Hingham  a  distance  of  324.91  feet; 
thence  in  a  Northeasterly  direction  by  land  formerly  of  Town 
of  Hingham  a  distance  of  437.06  feet;  thence  in  a  South- 
easterly direction  by  land  formerly  of  Mary  Lee  Lincoln  a 
distance  of  52.69  feet;  thence  in  a  Northeasterly  direction 
by  land  formerly  of  Mary  Lee  Lincoln  a  distance  of  339.50 
feet  to  the  point  of  beginning;  containing  7.77  acres  of  land, 
more  or  less. 

Parcel  No.  3.  Beginning  at  a  stone  monument  on  the 
South  side  of  Beal  Street  approximately  120  feet  East  of  the 
centerline  intersection  of  Beal  Street  and  Lincoln  Street,  in 
the  Town  of  Hingham;  thence  running  North  81°  21'  00" 
East  along  Beal  Street;  a  distance  of  169.50  feet;  thence  by 
land  formerly  of  Mary  Lee  Lincoln  South  16°  37'  03"  West 
a  distance  of  261.45  feet;  thence  by  land  formerly  of  Mary 
Lee  Lincoln  South  60°  40'  07"  East  a  distance  of  478.58  feet; 
thence  by  land  formerly  of  Seth  Sprague  and  Robert  H. 
Birchmore  in  a  Southwesterly  direction  437.06  feet;  thence 
by  land  formerly  of  Seth  Sprague  and  Robert  H.  Birchmore 
in  a  Southeasterly  direction  324.91  feet;  thence  by  land 
formerly  of  Seth  Sprague  and  Robert  H.  Birchmore  in  a 
Northeasterly  direction  a  distance  of  391.94  feet;  thence  by 
land  formerly  of  Seth  Sprague  and  Robert  H.  Birchmore  in  a 
Southeasterly  direction  a  distance  of  351.15  feet;  thence  by 
land  formerly  of  Seth  Sprague  and  Robert  H.  Birchmore  in  a 
Northeasterly  direction  a  distance  of  325.51  feet  to  a  point 
on  the  Southwesterly  side  of  Beal  Street;  thence  by  said 
Beal  Street  South  59°  52'  50"  East  a  distance  of  217.36  feet 
to  a  stone  monument;  thence  from  here  on  by  land  of  the 
United  States  of  America  South  13°  32'  17"  West  a  distance 
of  172.46  feet;  thence  South  13°  33'  35"  West  a  distance  of 
170.27  feet;  thence  South  19°  37'  26"  West  a  distance  of 
146.14  feet;  thence  South  20°  24'  35"  West  a  distance  of 
240.01  feet;  thence  South  32°  07'  12"  West  a  distance  of 
297.93  feet;  thence  South  32°  25'  56"  West  a  distance  of 
214.54  feet;  thence  North  32°  18'  58"  West  a  distance  of 
777.57  feet  to  a  stone  monument;  thence  North  49°  13'  14" 
West  a  distance  of  364.33  feet;  thence  North  28°  39'  36" 
West  a  distance  of  202.10  feet;  thence  North  28°  12'  41" 
East  a  distance  of  122.35;  thence  North  60°  55'  West  a  dis- 
tance of  321.72  feet  to  a  stone  monument;  thence  North  8° 
11'  00"  East  a  distance  of  405.44  feet  to  a  stone  monument 
at  the  point  of  beginnmg;  containing  17.59  acres  of  land, 
more  or  less. 

Section  2.  Jurisdiction  over  the  above  described  lands 
is  hereby  granted  and  ceded  to  the  United  States  of  America, 
but  upon  the  express  condition  that  the  commonwealth  shall 
retain  concurrent  jurisdiction  with  the  United  States  of 
America  in  and  over  said  lands,  in  so  far  that  all  civil  proc- 
esses, and  such  criminal  processes  as  may  issue  under  the 
authority  of  the  commonwealth  against  any  person  or  per- 
sons charged  with  crimes  committed  without  said  lands  and 
all  processes  for  collection  of  ,taxes  levied  under  authority 


Acts,  1943.  —  Chap.  478.  623 

of  the  laws  of  the  commonwealth,  including  the  service  of 
warrants,  may  be  executed  thereon  in  the  same  manner  as 
though  this  cession  had  not  been  granted ;  provided,  that  the 
jurisdiction  in  and  over  the  lands  above  described  shall  revert 
to  and  revest  in  the  commonwealth  whenever  such  areas 
shall  cease  to  be  used  for  the  purposes  set  forth  in  section  one; 
and  provided,  further,  that  any  jurisdiction  over  public  rights 
in  navigable  waters  is  expressly  excluded  from  this  grant  and 
chapter  ninety-one  of  the  General  Laws,  Tercentenary  Edi- 
tion, shall  apply  to  any  encroachment,  filling  or  structure 
placed  in  the  tide  waters  of  the  commonwealth. 

Section  3.  This  act  shall  take  full  effect  as  to  each  piece 
or  parcel  of  land  acquired  under  authority  of  section  one 
upon  the  depositing  in  the  office  of  the  state  secretary  before 
December  thirty-first,  nineteen  hundred  and  forty-four,  of  a 
suitable  plan  of  said  parcel  but  not  otherwise. 

Approved  June  9,  19 43. 


An  Act  relative  to  liens  for  real  estate  taxes  and  ChapA78 

ASSESSMENTS. 

Be  it  enacted,  etc.,  as  foUoios: 

Section  1.    Chapter  sixty  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  thirty-seven,  as  most  re-  §37,' etc'., 
cently  amended  by  section  one  of  chapter  eighty-four  of  amended, 
the  acts  of  nineteen  hundred  and  forty-one,  and  inserting 
in  place  thereof  the  following  section :  —  Section  37.     Taxes  Tax  lien  on 
assessed  upon  land,  including  those  assessed  under  sections  fevy1^y\*aie, 
twelve,  thirteen  and  fourteen  of  chapter  fifty-nine,  shall  with  J^^^'^^  °^ 
all  incidental  charges  and  fees  be  a  lien  thereon  from  January 
first  in  the  year  of  assessment.    Except  as  provided  in  section 
sixty-one,  such  lien  shall  terminate  at  the  expiration  of  two 
years  from  October  first  in  said  year,  if  in  the  meantime  the 
estate  has  been  alienated  and  the  instrument  alienating  the 
same  has  been  recorded,  otherwise  it  shall  continue  until  a 
recorded  alienation  thereof;  but  if  while  such  lien  is  in  force 
a  tax  sale  or  taking  has  been  made,  and  the  deed  or  instru- 
ment, of  taking  has  been  duly  recorded  within  sixty  days,  but 
the  sale  or  taking  is  invalid  by  reason  of  any  error  or  irregu- 
larity in  the  proceedings  subsequent  to  the  assessment,  the 
lien  and  also  the  lien  or  liens  for  any  subsequent  taxes  or 
charges  which  have  been  added  to  the  tax  title  account  under 
authority  of  section  sixty-one  shall  continue  for  ninety  days 
after  a  surrender  and  discharge  under  section  forty-six  or  a 
release,  notice  or  disclaimer  under  sections  eighty-two  to 
eighty-four,  inclusive,  has  been  duly  recorded,  or  for  ninety 
days  after  the  sale  or  taking  has  been  finally  adjudged  in- 
valid by  a  court  of  competent  jurisdiction.     If  at  any  time 
while  a  lien  established  by  this  section  is  in  force,  a  sale  or 
taking  cannot  in  the  opinion  of  the  collector  be  legally  made 
because  of  any  federal  or  state  law  or  because  of  any  in- 
junction or  other  action  of,  or  proceeding  in,  any  federal  or 


624 


Acts,  1943. —  Chap.  478. 


G.  L.  (Ter. 
Ed.),  60,  new 
§  37A,  added. 

Procedure 
when  sale 
or  taking 
cannot  be 
effected. 


state  court  or  because  of  the  action  of  any  administrative 
body,  the  hen,  if  the  statement  provided  for  in  section  thirty- 
seven  A  is  filed,  shall  continue  as  provided  in  said  section 
thirty-seven  A,  subject,  however,  to  any  lawful  action  under 
any  paramount  authority  conferred  by  the  constitution  or 
laws  of  the  United  States  or  the  constitution  of  the  com- 
monwealth. Said  taxes,  if  unpaid  for  fourteen  days  after 
demand  therefor,  may,  with  said  charges  and  fees,  be  levied 
by  sale  or  taking  of  the  real  estate,  if  the  lien  or  liens  thereon 
have  not  terminated.  No  tax  title  and  no  item  included  in 
a  tax  title  account  shall  be  held  to  be  invalid  by  reason  of  any 
error  or  irregularity  which  is  neither  substantial  nor  mislead- 
ing, whether  such  error  or  irregularity  occurs  in  the  proceed- 
ings of  the  collector  or  the  assessors  or  in  the  proceedings  of 
an}'^  other  official  or  officials  charged  with  duties  in  connec- 
tion with  the  establishment  of  such  tax  title  or  the  inclusion 
of  such  item  in  the  tax  title  account. 

Section  2.  Said  chapter  sixty  is  hereby  further  amended 
bj'  inserting  after  section  thirty-seven,  as  amended,  the  fol- 
lowing section :  —  Section  37 A .  If  at  any  time  while  a  lien 
estabhshed  by  section  thirty-seven  of  this  chapter  or  under 
chapter  eighty  or  chapter  eighty-three  is  in  force,  a  sale  or 
taking  cannot  in  the  opinion  of  the  collector  be  legally  made 
because  of  an}^  federal  or  state  law  or  because  of  any  injunc- 
tion or  other  action  of,  or  proceeding  in,  any  federal  or  state 
court  or  because  of  the  action  of  any  administrative  body, 
the  collector  may  file  with  the  register  of  deeds  for  record  or 
registration,  as  the  case  may  be,  a  statement  reciting  that 
the  statement  is  filed  pursuant  to  this  section  to  continue, 
until  abatement  or  payment,  the  lien  for  a  tax  or  assessment 
in  an  amount  stated,  which  need  not  include  accrued  interest 
and  costs,  assessed  for  a  year  or  on  a  date  specified  to  a  per- 
son or  persons  named  upon  an  estate  described.  The  state- 
ment shall  also  recite  the  reason  why,  in  the  opinion  of  the 
collector,  a  sale  or  taking  cannot  then  be  legally  made;  but 
any  error  or  omission  in  the  recitation  of  such  reason  shall  not 
affect  the  validity  of  such  statement.  The  register  of  deeds 
as  such  or  as  assistant  recorder  of  the  land  court  shall  receive 
and  record  or  register  such  statement  upon  the  payment  of  a 
fee  of  one  dollar  which  shall  be  paid  by  the  town,  but  which 
shall  not  be  added  to  or  become  part  of  the  unpaid  tax.  The 
filing  of  such  statement  for  record  or  registration  shall  oper- 
ate to  extend  the  time  within  which  a  sale  or  taking  may  law- 
fully be  made  by  continuing  until  payment  or  abatement  of 
the  lien  for  such  tax  or  assessment  and  all  assessments  or  por- 
tions thereof,  rates  and  charges  of  every  nature  which  have 
been  added  to  or  become  a  part  thereof;  but  the  filing  of  such 
statement  shall  not  discharge  the  collector  from  liability  upon 
his  bond  for  failure  to  collect  such  tax,  assessment  or  portion 
thereof,  rate  or  charge,  and  the  collector  shall  proceed  to  sell 
or  take  the  land  within  six  months  after  he  first  gets  notice 
that  the  disability  has  been  removed.  The  collector  at  any 
time  may,  and  upon  the  payment  or  abatement  of  the  tax  to 


Acts,  1943.  —  Chap.  478.  625 

which  such  statement  relates  shall,  file  a  renunciation  of  all 
rights  under  such  statement;  and  the  provisions  relative  to 
the  recordation  of  such  statement  shall  apply  to  the  recorda- 
tion of  such  renunciation. 

Section  3.  Section  twenty-three  of  said  chapter  sixty,  as  g  l.  (Ter. 
most  recently  amended  by  section  one  of  chapter  one  hun-  §23,' etc., 
dred  and  ninety-seven  of  the  acts  of  nineteen  hundred  and  a^n^e^ded. 
thirty-two,  is  hereby  further  amended  by  adding  at  the  end 
the  two  following  sentences:  —  A  certificate  issued  on  or  statement 
after  October  first,  nineteen  hundred  and  forty-three,  under  ming^of. 
this  section  may  be  filed  for  record  or  registration,  as  the 
case  may  be,  within  thirty  days  after  its  date,  and  if  so  filed 
shall  operate  to  discharge  the  parcel  of  real  estate  specified 
from  the  liens  for  all  taxes,  assessments  or  portions  thereof, 
rates  and  charges  which  do  not  appear  by  said  certificate  to 
constitute  liens  thereon,  except  the  taxes,  assessments  or  por- 
tions thereof,  rates  and  charges  which  have  accrued  within 
the  three  years  immediately  preceding  the  date  of  the  cer- 
tificate, the  taxes,  assessments  or  portions  thereof,  rates  and 
charges  which  are  included  in  a  tax  title  account,  and  the 
taxes,  assessments  or  portions  thereof,  rates  and  charges  con- 
cerning which  a  statement  has  been  filed  for  record  or  regis- 
tration under  section  thirty-seven  A  of  this  chapter  or  sec- 
tion forty-two  B  of  chapter  forty  or  any  other  provision  of 
law ;  but  a  certificate  issued  under  this  section  shall  not  affect 
the  obligation  of  any  person  liable  for  the  pa3mient  of  any 
tax,  assessment,  rate  or  charge.  The  register  of  deeds  as 
such  or  as  assistant  recorder  of  the  land  court  shall  receive 
and  record  or  register  such  certificate  upon  the  payment  of 
a  fee  of  one  dollar. 

Section  4.    Chapter  eighty  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  twelve,  as  most  recently  §  12,'  etc., 
amended  by  section  one  of  chapter  two  hunch-ed  and  fifty-  amended. 
two  of  the  acts  of  the  current  year,  and  inserting  in  place 
thereof  the  following  section:  —  Section  12.     Assessments  Betterment 
made  under  this  chapter  shall  constitute  a  lien  upon  the  land  affiln'"^"* 
assessed.     The  lien  shall  take  effect  upon  the  recording  of  Effective 
the  order  stating  that  betterments  are  to  be  assessed  for  the  date  and 

?,  1  •  -11  1     !•  1      11   duration. 

improvement.  iLxcept  as  otherwise  provided,  such  hen  shall 
terminate  at  the  expiration  of  two  years  from  October  first 
in  the  year  in  which  the  assessment  is  first  placed  on  the  an- 
nual 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,  which- 
ever 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  aliena- 
tion. If  the  validity  of  an  assessment  made  under  this  chap- 
ter 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  lien  shall  continue 


626  Acts,  1943.  —  Chaps.  479,  480. 

until  one  year  after  the  validity  of  the  assessment  is  finally 
determined,  even  though  an  alienation  be  recorded  in  the 
meantime.  If  at  any  time  while  a  lien  established  by  this 
section  is  in  force,  a  sale  or  taking  cannot  in  the  opinion  of 
the  collector  be  legally  made  because  of  any  federal  or  state 
law  or  because  of  any  injunction  or  other  action  of,  or  pro- 
ceeding in,  any  federal  or  state  court  or  because  of  the  action 
of  any  administrative  body,  the  lien  shall,  if  the  statement 
provided  for  in  section  thirty-seven  A  of  chapter  sixty  is 
filed,  continue  as  provided  in  said  section  thirty-seven  A, 
subject,  however,  to  any  lawful  action  under  any  paramount 
authority  conferred  by  the  constitution  or  laws  of  the  United 
States  or  the  constitution  of  the  commonwealth.  If  the  time 
for  payment  of  an  assessment  is  extended  under  section 
thirteen  A,  the  hen  shall,  if  the  statement  provided  for  in 
section  thirty-seven  A  of  chapter  sixty  is  filed,  continue  as 
provided  in  said  section  thirty-seven  A. 

Approved  June  9,  1943. 


Chap. 4:79  An  Act  further  regulating  the  compensation  of  mem- 
bers OF  THE  STATE  BALLOT  LAW  COMMISSION,  AND  THE 
EXPENDITURES   THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

Edn' G^fsi  Chapter  six  of  the  General  Laws  is  hereby  amended  by 

amended.  '  striking  out  scction  thirty-oue,  as  appearing  in  the  Tercen- 
tenary Edition,  and  inserting  in  place  thereof  the  following 
Compensation,  scctiou  I  —  Section  31 .  The  members  of  said  commission 
faw  com-°*^  shall  cach  be  paid  such  compensation  for  their  services,  not 
mission.  exceeding  seven  hundred  and  fifty  dollars  annually,  as  the 

governor  and  council  may  determine;  and  shall  be  allowed 
for  expenses  such  sum,  not  exceeding  one  thousand  dollars, 
as  may  be  determined  by  the  governor  and  council. 

Approved  June  9,  1943. 

Chap. 480  An   Act   exempting   the   charitable   trust   known   as 

EDWARDS  scholarship  FUND  FROM  TAXATION  UNDER  THE 
PROVISIONS  OF  CHAPTER  FIFTY-NINE  AND  CHAPTER  SIXTY- 
TWO    OF    THE    GENERAL    LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  property  and  the  income  of  Edwards 
Scholarship  Fund,  a  charitable  trust  created  under  clause 
twenty-seventh  of  the  will  of  Grace  M.  Edwards,  late  of  Bos- 
ton in  the  commonwealth,  for  the  purpose  of  educating  de- 
serving and  ambitious  young  men  and  women  domiciled  in 
the  city  of  Boston,  without  discrimination  as  to  race,  sex  or 
creed,  shall  be  e.xempt  from  taxation  under  the  provisions  of 
chapter  fifty-nine  and  chapter  sixtj^-two  of  the  General  Laws 
so  long  as  such  property  and  income  are  employed  for  the 
aforesaid  purpose.  The  trustees  of  such  fund  shall  annually 
not  later  than  sixty  days  after  the  end  of  the  fiscal  year  of 


Acts,  1943.  —  Chaps.  481,  482.  627 

said  trust  file  with  the  commissioner  of  corporations  and 
taxation  a  copy  of  the  trustees'  annual  account  filed  with  the 
probate  court  for  such  fiscal  year  and  such  additional  informa- 
tion as  the  commissioner  may  require. 

Section  2.  This  act  shall  take  effect  as  of  January  first, 
nineteen  hundred  and  forty-three,  and  shall  apply  to  income 
received  during  the  year  nineteen  hundred  and  forty-two,  and 
thereafter.  Approved  June  9,  1943. 


An   Act   establishing   municipal  liability   for   relief  ChapASl 

OF   NEEDY    PERSONS    IN    CERTAIN    CASES. 

Be  it  enacted,  etc.,  as  follows: 

Section  twenty-four  of  chapter  one  hundred  and  seventeen  g.  l.  (Ter. 
of  the  General  Laws,  as  amended  by  chapter  one  hundred  and  f  24,'  Itl'. 
sixty-four  of  the  acts  of  nineteen  hundred  and  thirt3^-five,  is  amended. 
hereby  further  amended  by  adding  at  the  end  the  following 
sentence :  —  In  case  such  relief  is  furnished  to  a  person  in  a  Liability  of 
hospital,  the  town  shall  be  liable  for  his  support  therein  m  a  hospi/rf care 
sum  not  exceeding  the  maximum  amount  then  allowable  to  a  °f  "^edy. 
town  under  section  eighteen  of  chapter  one  hundred  and 
twenty-two  as  reimbursement  from  the  commonwealth  for 
like  support  in  a  hospital.  Approved  June  9,  1943. 

An  Act  further  extending  temporary  surtaxes  on  cer-  ChapA82 

TAIN    SUBJECTS   OF    EXISTING    TAXATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  is  hereby  imposed,  in  addition  to  the 
taxes  levied  under  the  provisions  of  chapter  sixty-two  of  the 
General  Laws,  and  all  acts  in  amendment  thereof  and  in 
addition  thereto,  taxes  levied  under  the  provisions  of  section 
nine  of  chapter  three  hundred  and  seven  of  the  acts  of  nine- 
teen hundred  and  thirty-three,  as  amended,  and  taxes  levied 
under  the  provisions  of  sections  thirty  to  sixty,  inclusive, 
of  chapter  sixty-three  of  the  General  Laws,  and  all  acts  in 
amendment  thereof  and  in  addition  thereto,  an  additional 
tax  equal  to  ten  per  cent  of  the  taxes  assessed  under  the 
provisions  of  said  sections,  acts  and  chapters  in  or  on  ac- 
count of  each  of  the  calendar  j^ears  nineteen  hundred  and 
forty-four  and  nineteen  hundred  and  forty-five,  and  nine- 
teen hundred  and  forty-six,  and  all  provisions  of  law  relative 
to  the  assessment,  payment,  collection  and  abatement  of  the 
said  taxes  shall  apply  to  the  taxes  imposed  by  this  section. 

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

Section  2.  All  property  subject  to  a  legacy  and  succes- 
sion tax  under  the  provisions  of  chapter  sixty-five  of  the 


628 


Acts,  1943.  —  Chap.  483. 


General  Laws,  and  of  any  further  amendments  thereof  or 
additions  thereto,  shall  be  subject  to  an  additional  tax  of 
ten  per  cent  of  all  taxes  imposed  by  said  provisions  with  re- 
spect to  property  or  interests  therein  passing  or  accruing 
upon  the  death  of  persons  who  die  during  the  period  begin- 
ning July  first,  nineteen  hundred  and  forty-three,  and  end- 
ing June  thirtieth,  nineteen  hundred  and  forty-six.  All 
provisions  of  law  relative  to  the  determination,  certification, 
payment,  collection  and  abatement  of  such  legacy  and  suc- 
cession taxes  shall  apply  to  the  additional  tax  imposed  by 
this  section. 

Section  3.  Surtaxes  imposed  herebj^  shall  be  in  addition 
to  surtaxes  imposed  by  sections  nine  and  nine  A  ol  chapter 
seven  hundred  and  twenty-nine  of  the  acts  of  nineteen  hun- 
dred and  forty-one.  In  the  computation  of  surtaxes  imposed 
hereby,  the  amount  of  surtaxes  imposed  by  said  sections  shall 
be  excluded. 

Section  4.  All  taxes  provided  by  this  act  shall  be  re- 
tained by  the  commonwealth.  Approved  June  9,  1943. 


ChapASS  An  Act  relative  to  the  delivery  to  voters  of  circu- 
lars AND  OTHER  PRINTED  MATTER  INTENDED  TO  INFLU- 
ENCE  THEIR   ACTION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  fift^'^-five  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  thirty-four  A, 
as  appearing  in  the  Tercentenary  Edition,  the  following  sec- 
tion: —  Section  34B.  No  person  shall  prevent,  hinder  or  in- 
terfere with  the  lawful  distribution  of  any  circular,  poster, 
card,  handbill,  placard,  picture  or  other  printed  matter  in- 
tended to  influence  the  action  of  a  voter,  and  no  person  shall, 
wilfully  and  with  intent  to  injure  the  person  in  whose  behalf 
such  printed  matter  was  distributed,  remove  such  matter 
from  any  residential  premises  to  which  it  w'as  delivered. 

Section  2.  Section  thirty-six  of  said  chapter  fifty-five, 
as  so  appearing,  is  hereby  amended  by  inserting  after  the 
paragraph  contained  in  the  tenth  fine  the  following  para- 
graph :  — 

Violation  of  any  provision  of  section  thirty-four  B. 

Section  3.  Chapter  fifty-six  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  sixty-five,  as  so 
appearing,  the  following  section:  —  Section  65 A.  Violation 
of  section  thirty-four  B  of  chapter  fifty-five  shall  be  pun- 
ished by  a  fine  of  not  more  than  one  hundred  dollars. 

Approved  June  9,  1943. 


G.  L.  (Ter. 
Ed.),  55,  new 
§  34B,  added. 


Interference 
with  distri- 
bution of 
circulars,  etc., 
forbidden. 


G.  L.  (Ter. 
Ed.),  55,  §  .36, 
amended. 


Corrupt 
practice. 

G.  L.  (Ter. 
Ed.),  56,  new 
§  65A,  added. 

Penalty. 


Acts,  1943.  —  Chaps.  484,  485.  629 


An    Act  to   provide   for   furnishing   without   charge  Cha'p.4:84: 

COPIES     OF     RECORDS     RELATING     TO     CERTAIN     SOLDIERS, 
SAILORS   AND   MARINES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  sixty-two  of  the  General  Laws  Sj^-.^'J!,^'" 
is  hereby  amended  by  striking  out  section  forty-six  A,  in-  §  ^e'.Ceio., 
serted  by  chapter  two  hundred  and  thirty-two  of  the  acts  of  amended. 
nineteen  hundred  and  thirty-eight,  and  inserting  in  place 
thereof  the  following  section:  —  Section  Jf6A.    No  fee  for  a  *^®'^^'°. 
copy  of  any  record  relating  to  the  birth,  death,  marriage,  furnished 
adoption  or  change  of  name  of  any  soldier,  sailor  or  marine  ^it^^o^^^  *e^- 
who  served  in  the  army,  navy  or  marine  corps  of  the  United 
States  in  time  of  war  or  insurrection  and  received  an  honor- 
able discharge  therefrom  or  release  from  active  duty  therein, 
or  who  during  a  war  or  insurrection  is  serving  therein  or  died 
while  serving  therein,  shall  be  demanded  or  received  by  any 
officer  of  the  commonwealth  or  of  any  county,  citj^  or  town, 
who  has  charge  of  such  record,  from  any  such  soldier,  sailor 
or  marine,  or  from  his  widow,  dependents  or  legal  repre- 
sentatives; provided,  that  such  copy  is  for  use  in  relation  to 
a  claim  against  the  United  States. 

The  word  "soldier",  "sailor"  or  "marine",  as  used  in  this 
section,  shall  include  a  man  or  a  woman. 

Approved  June  9,  1943. 


An  Act  relative  to  the  liability  of  persons  partici-  ChapA85 

PATING    IN   THE   USE    OF   MOTOR    VEHICLES   UNDER    CAR    OR 
RIDE  SHARING  PLANS,   SO  CALLED. 

Whereas,  Because  of  the  existing  state  of  war  and  the  short-  Emergency 
age  of  rubber  and  gasoline  it  is  necessary  that  owners  and  ^^''^"''^■ 
operators  of  motor  vehicles  share  the  use  of  such  vehicles 
with  other  persons,  and 

Whereas,  The  civil  liability  of  such  persons  may  be  seri- 
ously affected  therebj^  and 

Whereas,  It  is  necessary  for  the  successful  prosecution  of 
the  war  effort  that  persons  engaged  in  such  car  or  ride  shar- 
ing plans  shall  have  immediate  protection  of  their  civil  rights 
and  that  their  civil  liabilities  shall  not  be  increased,  therefore 
it  is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  preservation  of  the  public  safety  and  convenience. 

Be  it  enacted,  etc,  as  follows: 

Section  1.  No  occupant  of  a  motor  vehicle,  as  such  term 
is  defined  in  section  one  of  chapter  ninety  of  the  General 
Laws,  who  shares  the  use  of  such  vehicle  with  the  owner  or 
operator  thereof  under  a  car  or  ride  sharing  plan,  so  called, 
whether  for  compensation  or  otherwise,  shall,  by  reason  of 
participating  in  such  plan,  be  deemed  to  be  engaged  in  a  joint 
enterprise  with  such  owner  or  operator. 


630  Acts,  1943.  —  Chap.  486. 

Section  2.  This  act  shall  cease  to  be  operative  upon  the 
termination  of  the  existing  states  of  war  between  the  United 
States  and  certain  foreign  countries. 

Approved  June  9,  1943. 

ChavASQ  An  Act  authorizing  the  city  of  holyoke  to  appro- 
priate MONEY  FOR  THE  PAYMENT  OF,  AND  TO  PAY,  CER- 
TAIN  UNPAID    BILLS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Holyoke  is  hereby  authorized  to 
appropriate  money  for  the  payment  of,  and  after  such  ap- 
propriation the  treasurer  of  said  city  is  hereby  authorized 
to  pay,  an  unpaid  bill,  amounting  to  two  thousand,  five  hun- 
dred and  ninety-seven  dollars  and  ninety-seven  cents  of  the 
city  of  Holyoke  gas  and  electric  department  for  a  balance 
due  for  the  cost  of  street  lighting  in  said  city  during  the  year 
nineteen  hundred  and  forty-two,  and  an  unpaid  bill  amount- 
ing to  two  hundred  and  sixty-nine  dollars  and  sixty-five  cents, 
of  Reardon's  garage,  for  repairs  to  the  automobile  known  as 
the  police  cruiser  during  the  year  nineteen  hundred  and  forty- 
two,  both  as  set  forth  in  a  list  on  file  in  the  office  of  the  di- 
rector of  accounts  in  the  department  of  corporations  and 
taxation,  said  bills  being  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,  said  bills  having 
been  certified  for  payment  b}'^  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  re- 
ceives payment  for  goods,  materials  or  services  which  were 
not  received  by  or  rendered  to  said  city  shall  be  punished  by 
imprisonment  for  not  more  than  one  year  or  by  a  fine  of  not 
more  than  three  hundred  dollars,  or  both. 

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

Approved  June  9,  1943. 


Acts,  1943.  —  Chaps.  487,  488.  631 


An  Act  changing  the  membership  of  the  commission  ChavAS7 

ON    WAYS   AND    DRAINAGE    IN    THE    CITY    OF   LYNN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-two  of  chapter  three  hun- 
dred and  forty  of  the  Special  Acts  of  nineteen  hundred  and 
seventeen,  as  amended,  is  hereby  further  amended  by  strik- 
ing out  the  first  sentence  and  mserting  in  place  thereof  the 
following  sentence :  —  The  mayor,  city  engineer,  superintend- 
ent of  streets,  commissioner  of  water  supply,  superintendent 
of  sewers,  and  the  four  members  of  the  city  council  who  are 
elected  at  large,  shall  constitute  a  commission  on  ways  and 
drainage,  of  which  the  mayor  shall  be  chairman. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Lynn  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 
on  the  official  ballot  to  be  used  in  said  city  at  said  election: 
"Shall  an  act  of  the  General  Court  passed  in  the  current  year, 
entitled  'An  Act  changing  the  membership  of  the  commission 
on  ways  and  drainage  in  the  city  of  Lynn ',  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  June  9,  1948. 


An  Act  relative  to  the  defence  of  relationship  in  Chap  ASS 

PROSECUTIONS      FOR      BEING     AN     ACCESSORY     AFTER     THE 
FACT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  seventy-four  of  gj^J^^er 
the  General  Laws  is  hereby  amended  by  striking  out  section  ameAded.' 
four,  as  appearing  in  the  Tercentenary  Edition,  and  inserting 
in  place  thereof  the  following:  —  Section  4.     Whoever,  after  Accessory 
the  commission  of  a  felony,  harbors,  conceals,  maintains  or  ^f^er  the  fact, 
assists  the  prmcipal  felon  or  accessory  before  the  fact,  or  gives 
such  offender  any  other  aid,  knowing  that  he  has  committed 
a  felony  or  has  been  accessory  thereto  before  the  fact,  with 
intent  that  he  shall  avoid  or  escape  detention,  arrest,  trial  or 
punishment,  shall  be  an  accessory  after  the  fact,  and,  except 
as  otherwise  provided,  be  punished  by  imprisonment  in  the 
state  prison  for  not  more  than  seven  years  or  in  jail  for  not 
more  than  two  and  one  half  years  or  by  a  fine  of  not  more 
than  one  thousand  dollars.     The  fact  that  the  defendant  is 
the  husband  or  wife,  or  by  consanguinity,  affinity  or  adop- 
tion, the  parent  or  grandparent,  child  or  grandchild,  brother 
or  sister  of  the  offender,  shall  be  a  defence  to  a  prosecution 
under  this  section.    If  such  a  defendant  testifies  solely  as  to 
the  existence  of  such  relationship,  he  shall  not  be  subject  to 
cross  examination  on  any  other  subject  matter,  nor  shall  his 


632 


Acts,  1943.  —  Chap.  489. 


G.  L.  (Tpr. 
Ed.),  277, 
§  79,  form 
of  pleading, 
amended. 


Effective 
date. 


criminal  record,  if  any,  except  for  perjury  or  subornation  of 
perjury,  be  admissible  to  impeach  his  credibility.    . 

Section  2.  The  paragraph  entitled  "Accessory  after  the 
fact "  in  the  schedule  of  forms  of  pleadings  at  the  end  of  chap- 
ter two  hundred  and  seventy-seven  of  the  General  Laws,  as 
appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  striking  out  all  after  the  word  "punishment"  in  the  fifth 
line. 

Section  3.  This  act  shall  take  effect  on  October  first 
in  the  current  year.  Approved  June  9,  1943. 


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


Old  age 

assistance, 
qualifica- 
tions for. 


ChapASd  An  Act  making  certain  changes  in  the  old  age  assist- 
ance  LAW,   so   CALLED, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  eighteen  A  of  the 
General  Laws  is  hereby  amended  by  striking  out  section  one, 
as  most  recently  amended  by  section  one  of  chapter  seven 
hundred  and  twenty-nine  of  the  acts  of  nineteen  hundred 
and  forty-one,  and  inserting  in  place  thereof  the  following 
section:  —  Section  1.  Adequate  assistance  to  deserving  citi- 
zens in  need  of  relief  and  supiport  sixty-five  years  of  age  or 
over  who  shall  have  resided  in  the  commonwealth  not  less 
than  three  years  during  the  nine  years  unmediately  preced- 
ing the  date  of  application  for  such  assistance  and  who  shall 
have  resided  in  the  commonwealth  continuously  for  one  year 
immediately  preceding  said  date  of  application  shall  be 
granted  under  the  supervision  of  the  department  of  public 
welfare,  in  this  chapter  called  the  department.  Financial 
assistance  granted  hereunder  shall  be  given  from  the  date 
of  application  therefor,  but  in  no  event  before  the  applicant 
reaches  the  age  of  sixty-five,  and  in  determining  the  amount 
of  assistance  to  be  given  for  any  period  preceding  the  date 
on  which  the  application  was  favorably  passed  upon,  consid- 
eration shall  be  given  to  the  amount  of  welfare  relief,  if  any, 
given  to  such  applicant  during  said  period  under  any  other 
provision  of  law.  Such  assistance  shall,  wherever  practi- 
cable, be  given  to  the  aged  person  in  his  own  home  or  in 
lodgings  or  in  a  boarding  home,  which  for  the  purposes 
hereof  shall  include  any  institution  providing  shelter,  care 
and  treatment  for  aged  persons  which  is  not  supported  in 
whole  or  in  part  by  pubHc  funds;  provided,  that  no  inmate 
of  such  a  boarding  home  or  institution  shall  be  eligible  for 
assistance  under  this  chapter  while  being  cared  for  under 
a  contract;  and  provided,  further,  that  for  the  purposes  of 
this  chapter  any  person  who,  while  such  an  inmate,  has  lost 
his  settlement  or  who  shall  lose  his  settlement  at  the  time 
of  admission  to  such  home  or  institution  shall  be  deemed  to 
have  no  settlement  in  the  commonwealth.  Such  assistance 
shall  be  paid  by  check  or  in  cash, 'which  shall  be  delivered 
to  the  appHcant  at  his  residence,  if  he  so  requests,  and  shall 


Acts,  1943.  —  Chap.  489.  633 

be  paid  semi-monthly  unless  the  applicant  prefers  less  fre- 
quent payments.  Such  assistance  shall  be  on  the  basis  of 
need,  and  the  amount  thereof  shall  be  determined  in  ac- 
cordance with  budgetary  standards  established  by  the  local 
board  of  public  welfare.  Budgetary  standards  shall  be  sub- 
ject to  the  approval  of  the  department,  but,  except  as  here- 
inafter provided,  such  assistance  shall  be  at  not  less  than 
the  following  rates:  In  the  case  of  an  individual  living 
within  a  family  group  not  less  than  thirty  dollars  monthly; 
in  the  case  of  an  individual  living  outside  a  family  group 
not  less  than  forty  dollars  monthly;  in  the  case  of  a  hus- 
band and  wife  living  together  within  a  family  group,  both 
of  whom  are  eligible  for  such  assistance,  not  less  than  fifty 
dollars  monthly  for  both;  in  the  case  of  a  husband  and  wife 
living  together  outside  a  family  group,  both  of  whom  are  so 
eligible,  not  less  than  sixty-five  dollars  monthly  for  both;  in 
the  case  of  a  husband  and  wife  living  together  within  a 
family  group,  one  of  whom  is  eligible  for  assistance  and  the 
other  not  yet  sixty-five  but  over  sixty,  and  eligible  for  pub- 
lic welfare,  not  less  than  fifty  dollars  monthly  for  both,  the 
difference  between  the  amount  paid  to  the  eligible  one  and 
the  amount  which  should  be  paid  if  both  were  eligible  for 
old  age  assistance  to  come  from  public  welfare  funds;  in 
the  case  of  a  husband  and  wife  living  together  outside  a 
family  group,  one  of  whom  is  eligible  for  assistance  and  the 
other  not  yet  sixty-five  but  over  sixty,  and  eligible  for  pub- 
lic welfare,  not  less  than  sixty-five  dollars  monthly  for  both, 
the  difference  between  the  amount  paid  to  the  eligible  one 
and  the  amount  which  should  be  paid  if  both  were  eligible 
for  old  age  assistance  to  come  from  public  welfare  funds;  in 
the  case  of  sisters  or  brothers  or  sisters  and  brothers  living 
together  within  a  family  group,  all  of  whom  are  so  eligible, 
not  less  than  fifty  dollars  monthly  for  two  and  not  less  than 
fifteen  dollars  monthly  for  each  additional  brother  or  sister 
so  eligible;  or  in  the  case  of  sisters  or  brothers  or  sisters 
and  brothers  living  together  outside  a  family  group,  all  of 
whom  are  so  eligible,  not  less  than  sixty-five  dollars  monthly 
for  two  and  not  less  than  fifteen  dollars  monthly  for  each 
additional  brother  or  sister  so  eligible.  The  determination  as 
to  what  constitutes  a  family  group  under  the  provisions  of  this 
section  shall  be  made  in  accordance  with  rules  and  regulations 
established  by  the  department,  authority  to  establish  the 
same  being  hereby  granted.  In  computing  the  aforesaid 
minima  the  local  board  of  public  welfare,  or  the  department 
acting  on  cases  appealed,  as  the  case  may  be,  shall,  in  ac- 
cordance with  rules  and  regulations  made  by  the  depart- 
ment, deduct  therefrom  the  amount  of  income  the  person 
assisted  or  to  be  assisted  may  be  receiving  from  any  source 
whatsoever,  and  may  so  deduct  therefrom  such  reasonable 
amount  as  may  be  deemed  to  represent  the  financial  value  - 
of  board,  lodging  or  other  assistance  which  is  being  fur- 
nished to  such  person  from  any  source  whatever,  except 


634 


Acts,  1943.  —  Chap.  489. 


G.  L.  (Ter. 
Ed.),  118A, 
§  2,  etc., 
amended. 


Bureau  of 
old  age 
assistance. 


where  income  is  received  from  children  living  with  the  aged 
parent  or  parents  in  payment  of  board  and  lodging  to  the 
amount  set  forth  in  clause  6  of  section  two  A. 

Section  2.    Said  chapter  one  hundred  and  eighteen  A  is 
hereby  further  amended  by  striking  out  section  two,  as  most 
recently  amended  by  section  two  of  said  chapter  seven  hun- 
dred and  twenty-nme,  and  inserting  in  place  thereof  the  fol- 
lowing section :  —  Section  2.     Each  board  of  public  welfare 
shall,  for  the  purpose  of  granting  adequate  assistance  and 
service  to  such  aged  persons,  establish  a  division  thereof  to 
be  designated  as  the  bureau  of  old  age  assistance.     Boards 
of  pubhc  welfare  and  bureaus  of  old  age  assistance  in  per- 
forming the  duties  imposed  upon  them  and  in  exercising  the 
powers  granted  to  them  under  this  chapter  shall  be  subject 
to  the  supervision  of  the  department  and  shall  comply  with 
all  rules  and  regulations  adopted  by  the  department  pur- 
suant to  the  provisions  of  this  chapter,  and  no  city  or  town 
shall  receive  reimbursement  from  the  commonwealth  under 
this  chapter  with  respect  to  any  case  unless  the  department 
determines  that  the  provisions  of  this  chapter  relative  to  the 
minima  provided  in  section  one  have  been  complied  with  by 
such  city  or  town  with  respect  to  such  case.    In  addition,  no 
city  or  town  shall  receive  reimbursement  from  the  common- 
wealth under  this  chapter,  or  be  entitled  to  participate  in 
money  received  from  the  federal  government  under  the  pro- 
visions of  section  seven  unless  the  department  has  approved 
its  current  budgetary  standards  and  determined  that  the 
rules  and  regulations  of  said  department  in  connection  there- 
with have  been  complied  with.    No  printed  or  written  words 
referring  to  boards  or  departments  of  public  welfare  shall  ap- 
pear on  anj^  envelope  mailed  or  delivered  to  an  applicant 
for,  or  recipient  of,  assistance  under  this  chapter.    Boards  of 
public  welfare  and  bureaus  of  old  age  assistance  shall  give 
to  each  aged  person  when  his  first  application  is  acted  upon, 
or  when  any  subsequent  revision  is  made,  a  copy  of  the  ap- 
peal blank  which  shall  set  forth  the  method  of  appeal  to  the 
department.    In  addition,  the  department  shall  distribute  to 
all  aged  recipients  a  pamphlet  or  pamphlets  explaining  this 
chapter.     In  determining  the  need  for  financial  assistance, 
said  bureaus  shall  give  consideration  to  the  resources  of  the 
aged  person.    Action  under  sections  twenty  to  twenty-two, 
inclusive,  of  chapter  two  hundred  and  seventy-three  shall  be 
brought  by  a  local  board  of  public  welfare  in  connection  with 
the  granting  of  assistance  under  this  chapter  only  with  the 
approval  and  upon  the  direction  of  the  department.    In  any 
case  where  the  department  approves  the  bringing  of  such 
action  it  shall  order  that  such  action  be  commenced  within 
a  specified  period  of  time  thereafter  and  shall  send  a  copy  of 
such  order,  attested  by  its  proper  officer,  to  the  local  board  by 
registered  mail  as  soon  as  may  be.    If  the  local  board  neglects 
or  refuses  to  bring  such  action  within  the  time  limited  by  such 
order  the  department  shall  thereupon  bring  such  action  in 
the  name  and  on  behalf  of  such  local  board,  or  may  with- 


Acts,  1943.  — Chap.  489.  635 

hold  from  any  city  or  town  any  reimbursement  from  the 
commonwealth  under  this  chapter  and  any  reimbursement 
from  the  federal  government  under  the  provisions  of  section 
seven  unless  the  action  has  been  commenced  by  said  local 
board.  Until  the  matter  is  completely  adjudicated  and  the 
resource  in  question  is  actually  available  to  the  aged  person 
or  persons  otherwise  eligible,  assistance  to  him  or  them  shall 
not  be  refused  or  reduced  by  reason  of  such  resource.  Upon 
adjudication  in  favor  of  the  local  board,  said  board  shall  be 
reimbursed  by  the  child  or  children  for  the  assistance  granted 
pending  adjudication  in  such  amount  as  the  court  may  order. 
Not  later  than  fourteen  days  from  the  initial  payment  to 
applicants,  notice  on  a  form  prescribed  by  the  department 
shall  be  forwarded  to  the  department,  stating  in  each  case 
any  and  all  deductions  from  the  amounts  of  assistance  pre- 
scribed herein  and  the  reasons  for  all  such  deductions.  If 
said  deductions  in  a  particular  case  are  not  approved  by  the 
department  they  shall  not  be  made  in  subsequent  payments 
in  said  case  and  the  amount  of  deductions  made  in  such 
initial  payment  shall  be  added  to  the  amount  of  the  next 
succeeding  payment.  Separate  records  of  all  such  aged  per- 
sons who  are  assisted  shall  be  kept  in  the  manner  prescribed 
by  section  thirty-four  of  chapter  forty-one  and  by  section 
thirty-two  of  chapter  one  hundred  and  seventeen.  The  de- 
partment shall  make  an  annual  report,  and  also  such  reports 
to  the  social  security  board  established  under  the  federal 
social  security  act,  approved  August  fourteenth,  nineteen  hun- 
dred and  thirty-five,  as  may  be  necessary  to  secure  to^the 
commonwealth  the  benefits  of  said  act. 

Section  3.    Said  chapter  one  hundred  and  eighteen  A  is  Sj^-^j^o^r- 
hereby  further  amended  by  striking  out  section  two  A,  in-  §  2a,  etc.', ' 
serted  by  section  three  of  said  chapter  seven  hundred  and  ^^^^nded. 
twenty-nine,  and  inserting  in  place  thereof  the  following 
section :  —  Section  2 A .     In  determining  the  resources  of  an  Determination 
aged  person  under  section  two  the  following  schedule  rela-  aged^person/ 
tive  to  the  financial  ability  to  support  by  a  child  of  such 
person  shall  be  followed :  — 

1.  If  such  child  is  married  and  living  with  his  or  her 
spouse  and  one  dependent  son  or  daughter,  but  living  apart 
from  the  aged  person,  such  child  shall  not  be  required  to  con- 
tribute to  the  support  of  such  aged  person  unless  such  child 
is  in  receipt  of  income  in  excess  of  twenty-three  hundred  dol- 
lars annually  or  in  excess  of  the  equivalent  of  twenty-three 
hundred  dollars  annually. 

2.  If  such  child  is  married  and  living  with  his  or  her  spouse 
and  two  dependent  sons  or  daughters,  but  living  apart  from 
the  aged  person,  such  child  shall  not  be  required  to  contribute 
to  the  support  of  such  aged  person  unless  such  child  is  in 
receipt  of  income  in  excess  of  twenty-eight  hundred  and 
seventy-five  dollars  annually  or  in  excess  of  the  equivalent  of 
twenty-eight  hundred  and  seventy-five  dollars  annually. 

3.  If  such  child  is  married  and  living  with  his  or  her 
spouse  and  three  dependent  sons  or  daughters,  but  living 


636  Acts,  1943.  —  Chap.  490. 

apart  from  the  aged  person,  such  child  shall  not  be  required 
to  contribute  to  the  support  of  such  aged  person  unless  such 
child  is  in  receipt  of  income  in  excess  of  thirty-four  hundred 
and  fifty  dollars  annually  or  in  excess  of  the  equivalent  of 
thirty-four  hundred  and  fifty  dollars  annually. 

4.  If  a  child  of  such  an  aged  person  is  in  receipt  of  an 
annual  income  in  excess  of  thirty-four  hundred  and  fifty  dol- 
lars, in  money  or  its  equivalent,  whether  or  not  such  a  child 
shall  be  required  to  contribute  to  the  support  of  the  aged 
person  shall  be  determined  in  each  instance  upon  the  merits 
of  that  particular  case. 

5.  No  unmarried  child  of  such  an  aged  person,  living 
apart  from  such  aged  person  and  in  receipt  of  an  annual 
income  not  in  excess  of  one  thousand  one  hundred  and  fifty 
dollars,  in  money  or  its  equivalent,  shall  be  required  to  con- 
tribute to  the  support  of  such  aged  person. 

6.  In  the  case  of  an  employed  single  child  living  with 
his  aged  parent  or  parents,  income  up  to  fourteen  dollars  a 
week  shall  be  considered  exempt  and  available  to  said  child 
for  his  personal  needs  and  board  and  lodging.  In  no  in- 
stance shall  any  part  of  said  income  be  deducted  by  the 
local  board  of  public  welfare  or  the  department  acting  on 
appeal  as  a  resource  of  the  parent  or  parents.  Of  the  amounts 
of  income  in  excess  of  fourteen  dollars  a  week  received  by 
said  child  fifty  per  cent  shall  be  considered  as  a  resource  of 
the  parent  or  parents. 

7.  In  any  case  any  unusual  circumstances  within  the  im- 
mediate family  shall  be  considered  with  a  view  to  determin- 
ing whether  such  circumstances  justify  an  exemption  from 
the  general  rule  relative  to  persons  coming  within  the  above 
classes.  Approved  June  9,  1943. 


ChavA90  An    Act    relative    to    reimbursement   of    cities   and 

TOWNS    IN  connection  WITH  PAYMENTS  MADE  UNDER  THE 
OLD   AGE   ASSISTANCE    LAW. 

Emergency  WheTcas,  The  deferred  operation  of  this  act  would  prevent 

pream  e.  ^^^  immediate  estabhshment  of  a  method  of  state  reimburse- 
ment of  cities  and  towns  for  old  age  assistance,  so  called, 
which  will  be  in  conformity  with  established  practice,  there- 
fore 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: 

G.  L.  (Ter.  Scction  eight  of  chapter  one  hundred  and  eighteen  A  of 

f s^kc?"^'       the  General  Laws,  as  most  recently  amended  by  section 

amended.  eight  of  chapter  seven  hundred  and  twenty-nine  of  the  acts 

of  nineteen  hundred  and  forty-one,  is  hereby  further  amended 

by  inserting  after  the  third  sentence  the  two  following  sen- 

Approvai  of       tences :  —  The  approval  of  accounts  by  the  department  un- 

effect  oL  dcr  this  chapter  shall  have  the  effect  of  a  provisional  pre- 

audit  of  such  accounts,  and  reimbursements  based  thereon 


Acts,  1943.  —  Chaps.  491,  492.  637 

shall  -be  subject  to  verification  and  adjustment  by  the  de- 
partment. Such  adjustments  shall  be  made  by  reducing  or 
increasing  any  subsequent  reimbursements  under  this  chap- 
ter by  the  amount  of  such  adjustment. 

Approved  June  9,  1943. 


An  Act  relative  to  reimbursement  of  cities  and  towns  Chap .491 
IN  connection  with  payments  made  under  the  aid 
to  dependent  children  law. 

Whereas,  The  deferred  operation  of  this  act  would  prevent  Emergency 
the  immediate  establishment  of  a  method  of  state  reimburse- 
ment of  cities  and  towns  for  aid  furnished  to  dependent  chil- 
dren which  will  be  in  conformity  with  established  practice, 
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  six  of  chapter  one  hundred  and  eighteen  of  the  p  t-  (Ter. 
General  Laws,  as  most  recentl}^  amended  by  chapter  four  §'0,  etc., ' 
hundred  and  five  of  the  acts  of  nineteen  hundred  and  forty-  ^'^""''^^^'''-^■ 
one,  is  hereby  further  amended  by  adding  at  the  end  the 
two  following  sentences :  —  The  approval  of  accounts  by  the  Auprovai  of 
department  under  this  chapter  shall  have  the  effect  of  a  effecHT' 
provisional  pre-audit  of  such  accounts,  and  reimbursements 
based  thereon  shall  be  subject  to  verification  and  adjust- 
ment by  the  department.    Such  adjustments  shall  be  made 
by  reducing  or  increasing  any  subsequent  reimbursements 
under  this  chapter  by  the  amount  of  such  adjustment. 

Approved  June  9,  1943. 

An  Act  relative  to  transfers  of  civil  service  em-  QJidj)  492 

PLOYEES   during   THE   PRESENT   EMERGENCY. 

Whereas,    A  marked  reduction  in  the  number  of  persons  Emergency 
available  for  service  in  the  administration  of  state  and  mu-  p'"^'*'"'''^ 
nicipal  affairs  due  to  existing  war  conditions  makes  it  neces- 
sary that  this  act  take  effect  without  delay,  therefore  it  is 
hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  chapter 
thirty-one  of  the  General  Laws,  an  employee  in  the  classi- 
fied civil  service  of  the  commonwealth  may,  upon  the  recom- 
mendation of  the  director  of  civil  service  and  with  the  ap- 
proval of  the  governor,  temporarily  be  transferred  from  his 
office  or  employment  to  any  other;  provided,  that  no  such 
transfer  shall  be  made  if  the  employee  informs  said  director 
of  civil  service  in  writing  that  such  transfer  would  require  a 
change  of  the  employee's  domicile  and  that  he  objects  thereto. 
Any  employee  so  transferred  shall  retain  rights  acquired  by 


638  Acts,  1943.  —  Chap.  493. 

him  in  the  department  from  which  he  was  transferred  here- 
under with  respect  to  promotion,  seniority  and  salary  or  other 
compensation.  The  position  from  which  the  employee  was 
transferred  shall  not  be  filled. 

Section  2.  Any  employee  transferred  under  this  act  shall 
be  returned  to  his  original  position  at  the  termination  of  the 
present  emergency  or  within  six  months  thereafter  and  he 
shall  be  entitled  to  all  rights  and  privileges  of  said  chapter 
thirty-one  and  the  rules  and  regulations  made  thereunder. 

Section  2A.  Persons  shall  be  transferred  from,  and  re- 
turned to,  their  positions  under  this  act  according  to  their 
seniority  in  the  department,  division  of  a  department,  dis- 
trict or  institution  so  that  the  oldest  employees  in  point  of 
service  shall  be  transferred  last  and  returned  to  their  original 
positions  first. 

Section  3.  This  act  shall  be  operative  during  the  exist- 
ing states  of  war  between  the  United  States  and  certain  for- 
eign countries,  and  for  a  period  of  six  months  following  the 
termination  of  all  such  existing  states  of  war. 

Approved  June  9,  194S. 

Chap.4QS  An  Act  providing  for  extended  school  services  for 
children  of  employed  mothers. 

pr'eambi""^  TI7iereas,  The  deferred  operation  of  this  act  would  tend  in 

part  to  defeat  its  purpose,  which  is  to  provide  immediate  care 
for  children  of  mothers  employed  in  activities  related  to  the 
prosecution  of  the  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.  If  the  school  committee  of  any  city  or  town 
determines  that  sufficient  need  exists  in  such  city  or  town 
for  extended  school  services  for  children,  between  three  and 
fourteen  years  of  age,  of  employed  mothers,  said  school  com- 
mittee may  with  the  approval  of  the  city  council  or  selectmen 
establish  and  maintain  such  services. 

Section  2.  If  said  school  committee,  upon  determination 
by  it  of  sufficient  need,  votes  that  said  services  should  be 
established  by  it  in  such  city  or  town,  said  school  committee 
shall  submit  in  writing  a  plan  of  said  services  to  the  state  de- 
partment of  education  for  its  written  approval;  provided, 
that  said  extended  school  services  proposed  in  said  plan  shall 
consist  of  such  care  as  may  be  determined  by  standards  estab- 
lished by  said  department  and  shall  be  operated  by  said 
school  committee  under  the  general  supervision  of  said  de- 
partment; and  provided,  further,  that  said  extended  school 
services  shall  be  available,  when  needed,  to  said  children  dur- 
ing the  hours  their  mothers  are  employed,  except  that  no 
child  under  eight  shall  be  allowed  to  attend  said  extended 
school  services  before  six  o'clock  in  the  morning  or  after 
seven  o'clock  in  the  evening;  and  provided,  further,  that  said 


Acts,  1943.  —  Chap.  493.  639 

school  committee  shall  establish  as  one  of  the  rules  of  admis- 
sion to  the  benefits  of  said  extended  school  services  that  the 
parents  of  each  such  child  shall  pay  toward  the  cost  of  said 
services  such  sum,  not  exceeding  four  dollars  per  week  for 
each  such  child,  as  said  school  committee  shall  determine. 

Section  3.  The  commonwealth  and  the  school  committee 
of  any  city  or  town  are  hereby  authorized  to  accept  funds 
from  the  federal  government  for  the  purposes  of  this  act. 
The  school  committee  of  any  city  or  town  is  hereby  author- 
ized to  receive  contributions  in  the  form  of  money,  material, 
quarters  or  services  for  the  purposes  of  this  act  from  organiza- 
tions, employers  and  other  individuals.  Such  contributions 
received  in  the  form  of  money,  together  with  fees  from  parents 
and  any  allotments  received  from  the  federal  government  for 
the  purposes  of  this  act,  shall  be  deposited  with  the  treasurer 
of  such  city  or  town  and  held  as  a  separate  account  and  ex- 
pended by  said  school  committee  without  appropriation,  not- 
withstanding the  provisions  of  section  fifty-three  of  chapter 
forty-four  of  the  General  Laws. 

If  a  city  or  town  shall  have  a  written  contract  with  the 
federal  government,  whereby  said  government  grants  or 
offers  such  cit}^  or  town  a  sum  of  money  to  be  used  with  funds 
which  may  be  provided  in  said  city  or  town  for  the  purposes 
of  this  act  and  said  city  or  town  shall  be  required  primarily  to 
pay  that  portion  of  the  expense  for  which  reimbursement  is 
to  be  received  from  the  grant,  the  treasurer  of  such  city  or 
town,  with  the  approval  of  the  mayor,  or  of  the  city  manager, 
if  any,  or  of  the  selectmen,  as  the  case  may  be,  in  anticipa- 
tion of  the  receipt  of  the  proceeds  of  such  grant,  may  incur 
debt,  outside  the  debt  limit,  to  an  amount  not  exceeding  the 
amount  of  the  grant  as  shown  by  the  agreement,  and  may 
issue  notes  therefor,  payable  in  not  exceeding  one  year  from 
their  dates.  Any  loan  so  issued  for  a  shorter  period  than  one 
year  may  be  refunded  by  the  issue  of  other  notes  maturing 
within  the  required  period;  provided,  that  the  period  from 
the  date  of  issue  of  the  original  loan  to  the  date  of  maturity 
of  the  refunding  loan  shall  not  be  more  than  one  year.  The 
proceeds  of  the  grant,  so  far  as  necessary,  shall  be  applied  to 
the  discharge  of  the  loan. 

Section  4.  The  provisions  of  this  act  shall  be  in  full  force 
and  effect  relative  to  all  such  services  which  may  have  been 
established  as  a  result  of  the  receipt  of  federal  funds  directly 
by  any  city  or  town  prior  to  the  effective  date  of  this  act  or  as 
a  result  of  application  for  such  funds  by  cities  and  towns 
which  are  in  process  of  completion  on  said  effective  date,  as 
well  as  a  result  of  such  application  submitted  after  said  date. 

Section  5.  This  act  shall  be  in  effect  during  the  existing 
state  of  war  between  the  United  States  and  any  foreign  coun- 
try and  for  six  months  after  the  termination  thereof. 

Approved  June  10,  1943. 


640 


Acts,  1943.  —  Chaps.  494,  495. 


G.  L.  (Ter. 
Ed.),  71, 
§  40,  etc., 
amended. 


C/iap. 494  An  Act  relative  to  the  minimum  salary  rate  for  pub- 
lic SCHOOL   TEACHERS    IN    DAY    SCHOOLS. 

Be  it  enacted,  etc.,  as  follows: 

Section  forty  of  chapter  seventy-one  of  the  General  Laws, 
as  amended  by  chapter  five  hundred  and  seven  of  the  acts  of 
nineteen  hundred  and  forty-one,  is  hereby  further  amended 
by  striking  out,  in  the  fourth  and  fifth  fines,  the  words  "eight 
hundred  and  fifty"  and  inserting  in  place  thereof  the  words: 
—  one  thousand  dollars  in  towns  of  less  than  two  miUion  five 
hundred  thousand  dollars  valuation  for  the  fiscal  year  pre- 
ceding and  in  all  other  towns  at  a  rate  of  not  less  than  twelve 
hundred,  —  so  as  to  read  as  f oUows :  —  Section  Ifi.  The 
compensation  of  every  teacher  employed  in  any  public  day 
school  in  the  commonwealth,  except  persons  in  training  and 
those  employed  as  temporary  substitutes,  shall  be  at  a  rate 
of  not  less  than  one  thousand  dollars  in  towns  of  less  than 
two  million  five  hundred  thousand  dollars  valuation  for  the 
fiscal  year  preceding  and  in  all  other  towns  at  a  rate  of  not 
less  than  twelve  hundred  dollars  for  the  school  year  in  that 
school.  Approved  June  10,  1943. 


Minimum 
compensation 
for  teachers. 


G.  L.  (Ter. 
Ed.),  128, 
new  §  8A, 
added. 

Destruction 
and  control 
of  certain 
rodents. 


Chap.4t95  An  Act  further  regulating  the  powers  and  duties 
OF  the  commissioner  of  agriculture. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  twenty-eight  of  the  General 
Laws  is  hereby  amended  b}'^  inserting  after  section  eight, 
as  appearing  in  the  Tercentenary  Edition,  the  following  sec- 
tion:—  Section  8 A.  In  order  to  protect  the  food  supplies, 
agricultural  produce,  growing  crops,  live  stock,  manufactured 
goods  and  buildings,  and  to  safeguard  the  public  health,  the 
commissioner  may  investigate  the  life  and  habits  of,  and  may 
take  necessary  measures  to  destroy  or  to  control,  rats,  mice, 
woodchucks,  and  such  other  rodents  not  protected  by  law, 
as  may  from  time  to  time  be  determined  by  him  to  be  detri- 
mental to  one  or  more  of  such  purposes.  In  performing  such 
duties  he  may,  by  himself  or  by  his  authorized  agent,  with 
the  consent  of  the  owner  or  tenant,  enter  upon  private  prem- 
ises for  any  of  such  purposes  at  any  reasonable  time.  In  order 
to  carry  out  this  section,  the  commissioner  may  enter  into 
co-operative  arrangements  with  the  United  States  or  any 
agency  thereof,  with  any  department,  board  or  commission 
of  this  commonwealth  or  any  political  subdivision  thereof, 
or  with  any  association,  corporation  or  individual  owning, 
occupying  or  possessing  any  property  within  the  common- 
wealth. Section  eighty-seven  of  chapter  one  hundred  and 
thirty-one  shall  not  apply  to  the  destruction  of  rodents  under 
this  section.  Approved  June  10,  1943. 


Acts,  1943.  — Chap.  496.  641 


An    Act    temporarily    restoring    certain    mortality  ChapA9Q 

TABLES    AND     RATES     OF    INTEREST     FOR     THE     TEACHERS' 
RETIREMENT   SYSTEM. 

Be  it  enacted,  etc.,  as  follows: 

The  mortality  tables  and  the  rates  of  interest  used  in  con- 
nection therewith  for  the  teachers'  retirement  system  which 
were  in  effect  immediately  prior  to  July  second,  nineteen 
hundred  and  forty-two  are  hereby  restored  and  shall  remain 
in  full  force  and  effect  until  July  first,  nineteen  hundred  and 
forty-five;  and  the  commissioner  of  insurance  and  the  teach- 
ers' retirement  board  are  hereby  authorized  and  directed  to 
use  the  tables  and  rates  hereby  restored  in  computing  the 
retirement  allowances  of  teachers  to  and  including  said  July 
first,  nineteen  hundred  and  forty-five.  Any  teacher  who  has 
been  retired  under  said  retirement  system  since  July  first, 
nineteen  hundred  and  forty-two  and  prior  to  the  effective 
date  of  this  act  shall,  beginning  June  first,  nineteen  hundred 
and  forty-three,  receive  a  retirement  allowance  equal  to  that 
which  he  would  have  received  if  said  tables  and  rates  as  re- 
stored by  this  act  had  been  in  effect  at  the  time  of  his  retire- 
ment. Approved  June  10,  1943. 

The  Commonwealth  of  Massachusetts, 
Executive  Department,  State  House, 

Boston,  June  30,  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  pres- 
ervation of  the  public  peace,  health,  safety  or  convenience 
requires  that  the  law  passed  on  the  10th  day  of  June  in  the 
year  nineteen  hundred  and  forty-three  entitled,  "An  Act 
Temporarily  Restoring  certain  Mortality  Tables  and  Rates 
of  Interest  for  the  Teachers'  Retirement  System"  should  take 
effect  forthwith  and  that  it  is  an  emergency  law  and  that 
the  facts  constituting  the  emergency  are  as  follows: 

Because  the  delayed  operation  will  unnecessarily  increase 

and  make  more  difficult  the  problem  of  administration  of 

the  Act,  and  unduly  delay  payments  to  newly  retired  teachers 

and  increased  allowances  to  certain  present  retired  teachers. 

Very  truly  yours, 

Leverett  Saltonstall, 
Governor  of  the  Commonwealth. 


642  Acts,  1943.  —  Chaps.  497,  498. 


Office  of  the  Secretary,  Boston,  July  1,  1943. 

I  hereby  certify  that  the  accompanying  statement  was 
filed  in  this  office  by  His  Excellency  the  Governor  of  the 
Commonwealth  of  Massachusetts  at  ten  o'clock  and  eight 
minutes,  a.m.,  on  the  above  date,  and  in  accordance  with 
Article  Forty-eight  of  the  Amendments  to  the  Constitution 
said  chapter  takes  effect  forthwith,  being  chapter  four  hun- 
dred and  ninety-six  of  the  acts  of  nineteen  hundred  and 
forty-three. 

F.   W.   Cook, 
Secretary  of  the  Commonwealth. 

Chap. 497  An  Act  continuing  in  effect  the  existing  mortality 

TABLES  AND  RATES  OF  INTEREST  APPLICABLE  TO  CERTAIN 
RETIREMENT  SYSTEMS  OF  THE  COMMONWEALTH  AND  THE 
POLITICAL   SUBDIVISIONS   THEREOF. 

Be  it  enacted,  etc.,  asfolloios: 

The  mortality  tables  and  the  rates  of  interest  used  in  con- 
nection therewith  for  the  retirement  systems  of  the  common- 
wealth and  the  political  subdivisions  thereof,  other  than  the 
teachers'  retirement  system,  which  were  in  effect  on  January 
first,  nineteen  hundred  and  forty-three,  shall  continue  in  full 
force  and  effect  until  June  thirtieth,  nineteen  hundred  and 
forty-five;  and  the  commissioner  of  insurance  and  the  retire- 
ment boards  of  said  retirement  systems  are  hereby  author- 
ized and  directed  to  use  the  tables  and  rates  hereby  con- 
tinued in  effect  in  computing  the  retirement  allowances  of 
persons  under  said  systems  up  to  and  including  said  June 
thirtieth,  nineteen  hundred  and  forty-five. 

Approved  June  10,  1943. 

Chap. 4QS  An  Act  relative  to  the  payment  of  assessments  into 

THE  teachers'  ANNUITY  FUND  AND  TO  CONTRIBUTIONS  BY 
THE   COMMONWEALTH   TO    SAID    FUND. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'sJ'^'^'  Paragraph  (2)  of  section  nine  of  chapter  thirty-two  of  the 

§  9',  etc.,'  General  Laws,  as  most  recently  amended  by  section  four- 

amended.  ^^^^  ^^  cliaptcr  five  hundred  and  eight  of  the  acts  of  nine- 

teen hundred  and  thirty-nine,  is  hereby  further  amended  by 
striking  out  the  sentence  contained  in  the  twenty-first  to  the 
twenty-fourth  lines,  as  appearing  in  section  one  of  chapter 
four  hundred  and  thirty-eight  of  the  acts  of  nineteen  hun- 
dred and  thirty-seven,  —  so  as  to  read  as  follows:  — 
hmd"'*^  (2)  The  annuity  fund  shall  consist  of  assessments  paid 

by  members  and  interest  derived  from  investments  of  the 
annuity  fund.  Each  member  shall  pay  into  the  annuity  fund, 
by  deduction  from  his  salary  in  the  manner  provided  in  sec- 
tion twelve  (5),  such  assessments  upon  his  salary  as  may  be 
determined  by  the  board.     The  rate  of  assessment  shall  be 


Acts,  1943.  —  Chap.  499.  643 

established  by  the  board  on  the  first  day  of  July  of  each 
year  after  a  prior  notice  of  at  least  three  months,  and  shall 
at  any  given  time  be  uniform  for  all  members  of  the  associ- 
ation, and  shall  not  be  less  than  three  nor  more  than  seven 
per  cent  of  the  member's  salary;  provided,  that  when  the 
total  sum  of  assessments  on  the  salary  of  any  member  at  the 
rate  established  by  the  board  would  amount  to  more  than 
one  hundred  and  thirty  dollars  or  less  than  thirty-five  dol- 
lars for  a  full  school  year,  such  member  shall  in  lieu  of  as- 
sessments at  the  regular  rate  be  assessed  at  the  rate  of  one 
hundred  and  thirty  dollars  a  year  or  thirty-five  dollars  a  year, 
payable  in  equal  instalments,  to  be  assessed  for  the  number 
of  months  during  which  the  schools  of  the  community  in 
which  such  member  is  employed  are  commonly  in  session. 
A  member,  within  thirty  days  prior  to  the  date  that  his  re- 
tirement takes  effect  under  section  ten,  may  pay  in  one  sum 
into  the  annuity  fund  established  by  this  paragraph  any 
amount  which  he  may  elect,  but  not  exceeding  the  amount 
which  he  may  have  to  his  credit  at  the  time  of  his  retire- 
ment, and  the  amount  so  contributed  shall  be  considered  as 
part  of  his  regular  assessments  for  all  purposes  except  that 
it  shall  in  no  way  affect  the  amount  of  his  pension.  The 
commonwealth  shall  in  each  odd-numbered  year  contribute 
such  amount  as  is  necessary  to  make  good  any  deficiency  in 
the  annuity  fund  for  active  or  retired  members  as  of  the  pre- 
ceding thirty-first  day  of  December. 

Approved  June  10,  1943. 

An  Act  authorizing  certain  payments  to  officers  and  ChapA99 

EMPLOYEES  OF  CERTAIN  COUNTIES  AND  MUNICIPALITIES 
WHO  RESIGN  OR  ARE  GRANTED  A  LEAVE  OF  ABSENCE  TO 
ENTER  INTO  THE  ARMED  FORCES  OF  THE  UNITED  STATES 
DURING    THE    PRESENT    WAR. 

Be  it  enacted,  etc.,  as  follows: 

Any  person  in  the  service  of  any  county,  city  or  town  in 
which  this  section  is  accepted  by  the  county  commissioners, 
mayor  and  city  council  or  selectmen,  as  the  case  may  be, 
who  resigns  or  is  granted  a  leave  of  absence  from  said  service 
to  enter  into  the  military  or  naval  service  of  the  United 
States  during  the  present  war  between  the  United  States 
and  certain  foreign  countries,  shall  be  paid  an  amount  equal 
to  the  vacation  pay  which  he  would  have  received  in  the 
year  of  his  entry  into  said  military  or  naval  service,  if  his 
said  employment  had  not  been  interrupted  by  said  service; 
and  in  such  case  the  official  head  of  the  department,  board 
or  commission  in  which  he  was  last  employed  shall  enter 
such  amount  on  the  pay  roll  of  such  department,  board  or 
commission.  Approved  June  10,  1943. 


644 


Acts,  1943.  —  Chap.  500. 


G.  L.  (Ter. 
Ed.),  Ill, 
§  85,  etc., 
amended. 


Apportion- 
ment of  main- 
tenance of 
hospitals  and 
preventoria. 


Chap. 500  An  Act  relative  to  admissions  to  and   charges  for 

THE     SUPPORT     OF     PATIENTS     IN     COUNTY     TUBERCULOSIS 
HOSPITALS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  eleven  of  the  Gen- 
eral Laws  is  hereby  amended  by  striking  out  section  eighty- 
five,  as  most  recently  amended  by  section  one  of  chapter  four 
hundred  and  fourteen  of  the  acts  of  the  current  year,  and  in- ' 
sertmg  in  place  thereof  the  following  section :  —  Section  85. 
The  county  shall  provide  for  the  maintenance,  operation  and 
repair  of  said  hospital,  which  shall,  for  the  purposes  of  this 
section  and  section  eighty-five  A,  include  the  maintenance, 
operation  and  repair  of  any  preventorium  erected  by  said 
county  in  accordance  with  section  eighty-five  B  and  also  the 
cost  of  its  construction  and  original  equipment  except  when 
the  cost  of  its  construction,  original  equipment,  maintenance, 
operation  or  repair  is  provided  under  said  section  eighty- 
five  B  to  be  paid  from  appropriations,  and  shall  for  said  pur- 
poses include  the  establishment  and  maintenance  of  out- 
patient departments  and  the  furnishing  of  supplementary 
diagnostic  service  under  section  eighty-five  C;  provided, 
that  the  expenditure  of  money  for  the  purposes  of  this  sec- 
tion shall  be  limited  to  such  amounts  as  may  be  authorized 
by  the  general  court.  Every  town  shall  pay  to  the  county 
the  sum  of  ten  dollars  and  fifty  cents  per  week  for  each  person 
admitted  from  such  town  to  said  hospital  in  accordance  with 
section  eighty-eight.  The  county  commissioners  shall  an- 
nually in  January  apportion  the  balance  of  the  cost  of  the 
maintenance,  operation  and  repair  of  said  hospital,  including 
interest  paid  or  due  on  temporary  notes  issued  therefor,  for 
the  previous  year  to  the  towns  situated  in  the  district,  so 
that  sixty-five  per  cent  of  such  balance  shall  be  apportioned 
on  the  basis  of  valuation  as  used  in  assessing  county  taxes 
and  thirty-five  per  cent  thereof  shall  be  apportioned  to  such 
towns  only  as  have  had  patients  in  said  hospital  during  said 
year  and  in  such  proportion  as  the  number  of  patient  days 
chargeable  to  any  town  bears  to  the  total  number  of  patient 
days  of  all  patients  in  said  hospital  during  said  year;  and 
shall  issue  their  warrants  against  the  towns  for  the  amount  for 
which  they  are  severally  assessed  to  pay  for  the  maintenance, 
operation  and  repair  of  said  hospital.  The  county  may, 
thirty  days  after  a  written  demand  for  payment,  recover  in 
contract  against  any  town  liable  to  pay  any  part  of  the  cost 
of  construction  or  of  the  maintenance,  operation  and  repair 
of  said  hospital  the  amount  for  which  it  may  be  liable. 
County  commissioners  of  counties  whose  patients  are  cared 
for  by  contract  under  section  seventy-nine  may  raise  and 
expend  the  sums  necessary  to  carry  out  the  provisions  thereof, 
and  may  borrow  the  same  on  the  credit  of  the  county,  and 
issue  therefor  notes  of  the  county,  payable,  in  not  more  than 
eighteen  months  from  their  respective  dates  of  issue,  from  the 


Acts,  1943.  —  Chap.  501.  645 

reimbursements  received  from  said  towns.  They  shall  an- 
nually in  January  determine  the  total  amount  already  ex- 
pended by  or  due  from  the  county  under  such  contracts  dur- 
ing the  previous  year,  and  shall  apportion  the  same  to  and 
may  collect  the  same  from  the  several  towns  liable,  in  like 
manner  as  in  counties  having  their  own  hospitals,  and  the 
same  shall  be  applied  to  the  payment  of  the  temporary  debt 
incurred  by  said  counties. 

Section  2.    Said  chapter  one  hundred  and  eleven  is  hereby  g.  l.  (xer. 
further  amended  by  striking  out  section  eighty-eight,  as  ap-  fmomfelf.' ^  ^'^' 
pearing  in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  two  following  sections :  —  Section  88.     Patients  Admission 
shall  be  admitted  to  said  hospitals  through  application  by  the  paymen't^by 
boards  of  health  of  the  towns  served  by  said  hospitals,  and  all  cities  and 
patients  shall  be  admitted  in  the  order  of  their  application. 
Upon  the  request  of  any  registered  physician  the  board  of 
health  shall  forward  forthwith  to  the  hospital  an  applica- 
tion for  admission  of  any  person  found  to  be  afflicted  with 
pulmonary   tuberculosis.     Whenever   accommodations   are 
available,  patients  not  residents  of  the  hospital  district  may 
be  admitted  on  terms  approved  by  the  trustees,  but  not  at 
rates  lower  than  the  total  approximate  cost  for  patients  resi- 
dent within  the  district.    Patients  may  be  discharged  only 
in  accordance  with  rules  and  regulations  established  by  the 
medical  staff  of  the  hospital  and  approved  by  the  super- 
intendent thereof. 

Section  88 A.  The  charge  for  the  support  of  a  patient  in  Liability 
any  of  said  hospitals  shall  be  paid  by  the  town  sending  him  ^""^  ''^'^^ses. 
to  the  hospital.  If  the  patient  has  no  known  settlement  in 
the  commonwealth  the  charge  shall  be  paid  by  it,  upon  the 
approval  of  the  bills  by  the  department  of  public  welfare, 
in  the  manner  provided  by  section  one  hundred  and  sixteen. 
Such  charges  may  afterward  be  recovered  by  the  town  or  by 
the  state  treasurer,  as  the  case  may  be,  from  the  patient,  if  he 
is  able  to  pay,  or  from  any  person  or  kindred  bound  by  law  to 
maintain  him,  in  the  manner  provided  by  section  sixty-six 
for  the  recovery  of  unpaid  charges  for  the  support  of  inmates 
of  the  state  sanatoria. 

Section  3.     This  act  shall  take  effect  on  January  first,  ff^|°'^^'^ 
nineteen  hundred  and  forty-four. 

Approved  June  10,  1943. 


An  Act  authorizing  the  town  of  hull  to  contribute  phr,^  cqi 

TOWARD  THE  COST  OF  STEAMBOAT  SERVICE  BETWEEN  SAID  ^' 

town   and   the    city   of   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Hull  may,  from  time  to  time, 
for  the  purpose  of  avoiding  a  reduction  or  discontinuance  of 
steamboat  service  between  said  town  and  the  city  of  Bos- 
ton, enter  into  an  agreement  with  the  Nantasket-Boston 
Steamboat  Company,  Inc.,  its  successors  or  assigns,  provid- 


646  Acts,  1943.  —  Chap.  502. 

ing  for  the  payment  by  said  town  of  any  part  or  all  of  any 
excess  of  the  cost  of  the  service  on  the  line  of  said  company 
operated  between  said  town  and  said  city  above  the  amount 
of  the  receipts  from  said  line  arising  from  the  rates  and 
fares  in  effect  thereon  during  the  period  covered  in  any  such 
agreement,  and  providing  that  no  dividend  shall  be  paid  by 
said  steamship  company  unless  and  until  it  has  reimbursed 
said  town  for  all  moneys  paid  by  it  to  said  company  under 
authority  of  this  act.  The  department  of  public  utilities 
shall,  upon  application  of  said  town,  determine  any  question 
relating  to  the  character  or  extent  of  service  rendered  or 
facilities  furnished  in  pursuance  of  any  such  agreement,  in 
the  event  of  differences  arising  between  said  steamship  com- 
pany and  said  town  in  relation  thereto.  Said  town  may  raise 
by  taxation  such  amounts,  not  in  excess  of  ten  thousand  dol- 
lars in  any  one  year,  as  may  be  necessary  to  carry  out  the 
provisions  of  this  act. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  vote  of  the  inhabitants  of  said  town  at  an  annual 
or  special  town  meeting,  but  no  agreement  made  under  au- 
thority of  this  act  shall  be  effective  after  May  first,  nineteen 
hundred  and  forty-five.  Approved  June  10,  1943. 

Chap. 502  An   Act   relative   to   the    compensation   payable   to 

FORMER  officers  AND  EMPLOYEES  OF  THE  COMMON- 
WEALTH OR  OF  ANY  POLITICAL  SUBDIVISION  THEREOF  TEM- 
PORARILY RE-EMPLOYED  DURING  THE  CONTINUANCE  OF  THE 
EXISTING  STATE  OF  WAR  BETWEEN  THE  UNITED  STATES 
AND  ANY   FOREIGN    COUNTRY. 

Emergency  Whereas,   The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  to  regulate  the  salaries  paid 
to  former  officers  and  employees  of  the  commonwealth  and 
its  political  subdivisions  during  the  existing  state  of  war, 
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.  Chapter  sixteen  of  the  acts  of  nineteen  hun- 
dred and  forty-two  is  hereby  amended  by  striking  out  sec- 
tion one  and  inserting  in  place  thereof  the  following  section : 
—  Section  1 .  Any  former  officer  or  employee  of '  the  com- 
monwealth or  of  any  political  subdivision  thereof  who  has 
been  retired  under  any  retirement  or  pension  law,  or  who 
has  been  separated  from  the  public  service  by  reason  of 
superannuation  or  disability  without  receiving  a  retirement 
allowance  or  pension,  may  be  employed  in  the  service  of 
any  department,  board  or  commission  of  the  commonwealth 
or  of  any  political  subdivision  thereof.  No  such  person  shall 
be  employed  by  any  appointing  oflacer  of  a  county,  city, 
town  or  district  except  with  the  written  approval  of  the 
county  commissioners,  the  mayor  or,  in  the  city  of  Cam- 


Acts,  1943.  —  Chaps.  503,  504.  647 

bridge,  the  city  manager,  the  selectmen  or  the  prudential 
committee  or  other  governing  body  in  districts,  as  the  case 
may  be;  provided,  that  no  such  approval  shall  be  neces- 
sary in  the  case  of  a  person  formerly  employed  by  a  school 
committee  or  board  of  trustees  of  a  school  conducted  under 
sections  one  to  thirty-seven,  inclusive,  of  chapter  seventy- 
four,  and  employed  by  a  school  committee  or  such  a  board 
of  trustees  under  authority  of  this  act.  The  written  ap- 
proval of  the  director  of  civil  service  shall  also  be  required 
for  each  appointment  to  any  position  or  employment  sub- 
ject to  chapter  thirty-one  of  the  General  Laws.  Any  per- 
son so  employed  shall  receive  full  compensation  for  such 
service  less  any  pension  received  by  him  under  any  contrib- 
utory or  non-contributory  retirement  or  pension  law;  pro- 
vided, that  any  such  person  employed  by  the  city  of  Boston 
or  by  the  county  of  Suffolk  may  be  paid  such  compensation 
as  may  be  determined  by  the  department  head  with  the 
written  approval  of  the  mayor  of  said  city. 

Section  2.     This  act  shall  take  effect  as  of  January 
thirty-first,  nineteen  hundred  and  forty-two. 

Approved  June  10,  191^8. 


An  Act  authorizing  the  department  of  public  works  Chav.50S 

TO    CONVET  TO   THE   CITY   OF   LOWELL   CERTAIN   INTERESTS 
IN   LAND   TAKEN   BY   EMINENT   DOMAIN. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  public  works,  acting  for  and  in  behalf 
of  the  commonwealth,  may,  subject  to  the  approval  of  the 
governor  and  council,  convey  to  the  city  of  Lowell  any  in- 
terest, less  than  fee,  in  lands  taken  from  said  city  by  the  ■ 
commonwealth,  through  the  department  of  public  works,  act- 
ing under  chapter  seventy-nine  of  the  General  Laws,  under 
two  orders  of  taking  dated  June  eighteenth,  nineteen  hun- 
dred and  forty,  and  recorded  in  the  Middlesex  North  Dis- 
trict Registry  of  Deeds  on  June  twenty-eighth,  nineteen  hun- 
dred and  forty,  in  Book  947  at  pages  213  and  219,  and  may 
abandon  any  such  interest  in  the  lands  acquired  as  aforesaid ; 
provided,  that,  in  the  opinion  of  said  department,  such  in- 
terest is  no  longer  needed  for  or  inconsistent  with  the  pur- 
poses for  which  the  land  was  acquired. 

Approved  June  10,  19Jf3. 

An  Act  relative  to  the  payment  of  expenses  for  the  Cha'p.504: 

SUPPORT   OF    CERTAIN   NEGLECTED    CHILDREN. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  nineteen  of  the  General  Laws  is  g  l.  (Xer. 
hereby  amended  by  inserting  after  section  forty-seven,  as  new  '§  47a, 
appearing  in  the  Tercentenary  Edition,  the  following  sec-  ^^^ded. 
tion :  —  Section  J^IA .     The  court  by  which  a  child  is  com-  Support  of 
mitted  to  the  department  or  placed  in  the  care  of  a  suitable  ntgiec'ted 

chUdren. 


648  Acts,  1943.  —  Chaps.  505,  506. 

person  or  charitable  corporation  under  section  forty-three, 
forty-four  or  forty-seven  may  make  an  order  for  the  pay- 
ment, by  his  parents,  or  by  his  guardian  out  of  the  ward's 
property,  to  the  department  or  such  person  or  charitable 
corporation  at  times  to  be  stated  in  the  order,  of  sums  not 
exceeding  the  cost  of  his  support;  provided,  that  no  order 
for  the  payment  of  money  shall  be  entered  until  the  person 
by  whom  payments  are  to  be  made  shall  have  been  sum- 
moned before  the  court  and  given  an  opportunity  to  be  heard. 
The  court  may  from  time  to  time,  upon  petition  by  or  notice 
to  the  person  ordered  to  pay  such  sum  of  money,  revise  or 
alter  such  order  or  make  a  new  order,  as  the  circumstances 
may  require.  Approved  June  10,  1943. 


Chap. 505  An  Act  relative  to  the  charge  to  be  made  for  the 

CARE  OF  insane  PERSONS  BOARDED  OUT  BY  THE  DEPART- 
MENT OF  MENTAL  HEALTH  DURING  THE  PRESENT  EMER- 
GENCY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  section  six- 
teen of  chapter  one  hundred  and  twenty-three  of  the  Gen- 
eral Laws,  the  cost  to  the  commonwealth  of  the  board  of 
patients  supported  at  the  public  expense  and  placed  at  board 
by  the  department  of  mental  health  under  the  provisions  of 
said  section  sixteen  shall  not  exceed  eight  dollars  a  week  for 
each  patient. 

Section  2.  This  act  shall  cease  to  be  operative  on  July 
first,  nineteen  hundred  and  forty-five. 

Approved  June  10,  1943. 


Chav. 50Q  ^^  Act  relative  to  the  payment  of  expenses  for  medi- 
cal, HOSPITAL  AND  OTHER  SERVICES  RENDERED  TO  OLD 
AGE    ASSISTANCE    RECIPIENTS. 

lOinergency  Whcreas,   The  deferred  operation  of  this  act  would  result 

pream  e.  .^  delaying  the  proper  payment  of  certain  pending  bills 

for  services  rendered  under  the  old  age  assistance  law,  so 
called,  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: 

o  L.  (Ter.  Scctiou  One  of  chapter  one  hundred  and  eighteen  A  of  the 

§  i'.  etc.,  *  '       General  Laws,  as  most  recently  amended  by  section  one  of 
amended.  chapter  four  hundred  and  eighty-nine  of  the  acts  of  the  cur- 

rent year,  is  hereby  further  amended  by  inserting  at  the  end 
the  following  paragraph :  — 
Expenses  for  Expeuses  for  mcdical,  hospital  and  other  services  rendered 

services' to''"     to  an  aged  person  which  remain  unpaid  at  the  time  of  his 
persons ''^'"^       Commitment  to  an  institution  as  an  insane  person,  or  ex- 
penses for  similar  services  rendered  to  an  aged  person  which 


Acts,  1943.  —  Chaps.  507,  508.  649 

remain  unpaid  at  the  time  of  his  death,  and  also  the  expenses 
of  his  funeral,  may  be  paid  directly  to  the  person  furnishing 
such  service.  Approved  June  11,  1943. 


Chap.507 


An  Act  authorizing  the  town  of  saugus  to  acquire 
and  preserve  the  old  iron  works  house,  so  called, 
located  in  said  town,  and  providing  for  the  financ- 
ing thereof  by  said  town,  the  commonwealth  and 
associations  or  individuals. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Saugus  is  hereby  authorized  to 
appropriate  a  sum  of  money,  not  exceeding  four  thousand 
dollars,  for  the  purpose  of  acquiring  by  purchase  the  Old  Iron 
Works  House,  so  called,  in  said  town  to  be  preserved  and 
maintained  as  a  place  of  historic  interest ;  provided,  that 
there  shall  have  been  contributed  and  paid  by  associations 
or  individuals  into  the  town  treasury  of  said  town  an  equal 
sum  for  said  purpose.  For  the  purpose  of  providing  co-opera- 
tion by  the  commonwealth  with  said  town  for  said  purpose, 
there  may  be  paid,  subject  to  appropriation,  from  the  state 
treasury  to  said  town  the  sum  of  four  thousand  dollars  which 
shall  be  added  to  the  amount  to  be  used  by  said  town  for  said 
purpose.  Said  house  shall  be  preserved  and  maintained  as 
an  ancient  landmark,  possessing  historical  and  antiquarian 
interest,  and  shall  not  be  used  as  a  dwelling  house  or  for  any 
other  purpose,  except  that  it  may  be  occupied  by  a  caretaker 
and  his  assistants. 

Upon  the  acquisition  of  said  property,  said  town  is  hereby 
authorized  to  preserve  and  maintain  the  same,  and  for  the 
purpose  of  defraying  the  expense  thereof  may  appropriate 
and  expend  money  from  the  general  revenue  of  the  towTi  or 
from  money  donated  for  the  purpose,  or  both. 

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

Approved  June  11,  194S. 

An  Act  further  regulating  the  maintenance  and  op- 
eration OF  slaughter  houses,  and  maeling  certain 
changes  in  the  laws  relating  to  the  slaughtering 
OF  certain  calves  and  to  the  sale  of  the  veal 
thereof  for  food. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  ninety-four  of  the  General  Laws  is  g.  l.  (Xer. 
hereby  amended  by  striking  out  section  one  hundred  and  ^mended^^^^' 
twenty-four,  as  appearing  in  the  Tercentenary  Edition,  and 
inserting  in  place  thereof  the  following  section :  —  Section  supervision 
IS4.    All  slaughter  houses  shall  be  under  the  supervision  of  hlus^J^^by^'^ 
the  department  of  public  health  and  subject  to  inspection  department  of 
by  district  health  ofl&cers  in  their  respective  districts.    Said  ^"'''"^  health, 
department  of  public  health  shall  establish,  and  may  from 
time  to  time  amend,  modify,  repeal  or  suspend,  rules  and 


Chap. 508 


650 


Acts,  1943. —  Chap.  508. 


G.  L.  (Ter. 
Ed.),  94,  §  138, 
amended. 


Sale,  etc.,  of 

certain 

carcasses 

prohibited. 

Penalty. 


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


Inspection  of 
food  stuffs. 


regulations,  including  uniform  minimum  requirements,  for 
the  maintenance  and  operation  of  slaughter  houses.  If  any 
slaughter  house  licensed  under  section  one  hundred  and 
nineteen  is  deemed  by  the  local  board  of  public  health  or  by 
the  department  of  public  health  to  be  operated  or  main- 
tained in  an  unsanitary  manner,  or  in  violation  of  any  of 
said  rules  and  regulations,  or  not  properly  constructed  or 
equipped  for  said  business  of  slaughtering,  said  board  or 
said  department  shall  close  such  slaughter  house  until  such 
time  as  it  has  been  put  in  proper  condition,  and  said  board 
or  said  department  may  also  suspend  the  license  if  the  re- 
quired changes  are  not  made  within  a  reasonable  time. 

Section  2.  Section  one  hundred  and  thirty-eight  of  said 
chapter  ninety-four,  as  so  appearing,  is  hereby  amended  by 
striking  out,  in  the  seventh  to  the  ninth  lines,  inclusive,  the 
words  "or  the  carcass,  or  any  part  or  product  thereof,  of 
any  calf  weighing  less  than  forty  pounds  when  dressed,  with 
head,  feet,  hide  and  entrails  removed,",  —  so  as  to  read  as 
follows:  —  Section  138.  Whoever  sells,  offers  or  exposes  for 
sale  or  delivers  or  causes  or  authorizes  to  be  sold,  offered  or 
exposed  for  sale  or  delivered  for  use  as  food  the  carcass,  or 
any  part  or  product  thereof,  of  any  animal  which  has  come 
to  its  death  in  any  manner  or  by  any  means  other  than  by 
slaughter  or  kiUing  while  in  a  healthy  condition,  or  which 
at  the  time  of  its  death  was  unfit  for  use  as  food,  by  reason 
of  disease,  exhaustion,  abuse,  neglect  or  otherwise,  shall  be 
punished  by  a  fine  of  not  more  than  two  hundred  dollars  or 
by  imprisonment  for  not  more  than  six  months. 

Section  3.  The  first  paragraph  of  section  one  hundred 
and  forty-six  of  said  chapter  ninety-four,  as  amended  by 
section  six  of  chapter  three  hundred  and  forty  of  the  acts  of 
nineteen  hundred  and  thirty-four,  is  hereby  further  amended 
by  striking  out,  in  the  eighth  line,  the  word  "four"  and  in- 
serting in  place  thereof  the  word :  —  two,  —  so  as  to  read  as 
follows :  —  Each  local  board  of  health  by  themselves,  their 
ofiicers  or  agents,  may  inspect  the  carcasses  of  all  slaughtered 
animals  and  all  meat,  fish,  vegetables,  produce,  fruit  or  pro- 
visions of  any  kind  found  in  their  town,  and  all  veal  found, 
offered  or  exposed  for  sale  or  kept  with  intent  to  sell  therein, 
and  for  such  purpose  may  enter  any  place  where  such  car- 
casses or  articles  are  stored,  kept  or  exposed  for  sale.  If,  in 
its  opinion,  said  veal  is  that  of  a  calf  less  than  two  weeks  old 
when  killed,  or  if  on  inspection  it  is  found  that  said  carcasses 
or  articles  are  tainted,  diseased,  corrupted,  decayed,  un- 
wholesome or  unfit  for  food  from  any  cause,  the  said  board 
shall  seize  and  cause  the  same  to  be  destroyed  forthwith  or 
disposed  of  otherwise  than  for  food.  All  money  received  by 
said  board  for  property  disposed  of  as  aforesaid,  after  de- 
ducting the  expenses  of  said  seizure  and  disposal,  shall  be 
paid  to  the  owner  of  such  property.  If  said  board  seizes  or 
condemns  any  such  carcass  or  meat  because  affected  with  a 
contagious  disease,  it  shall  immediately  give  notice  to  the 
director  of  livestock  disease  control  stating  the  name  of  the 


Acts,  1943.  —  Chap.  509.  651 

owner  or  person  in  whose  possession  it  was  found,  the  na- 
ture of  the  disease  and  the  disposition  made  of  said  meat 
or  carcass. 

Section  4.     Said  chapter  ninety-four  is  hereby  further  g.  l.  (Xer. 
amended  by  striking  out  section  one  hundred  and  fifty-one,  Miende^d.^  ^^^' 
as  appearing  in  the  Tercentenary  Edition,  and  inserting  in 
place  thereof  the  following  section:  —  Section  151.     Who-  saie,  etc.,  of 
ever  kills  or  causes  to  be  killed  a  calf  when  less  than  two  pfohibitldL^ 
weeks  old,  with  intent  to  sell  for  food  the  veal  thereof,  or  Penalty. 
knowingly  sells  for  food,  offers  or  exposes  for  sale  therefor, 
or  has  in  his  possession  with  intent  to  sell  for  food,  the  veal 
of  a  calf  so  killed  shall  be  punished  by  a  fine  of  not  more 
than  one  hundred  dollars  or  by  imprisonment  for  not  more 
than  two  months,  or  both. 

Section  5.     Clause  Sixth  of  section  one  of  chapter  two  g.  l.  (Xer. 
hundred  and  seventy-six  of  the  General  Laws,  as  appearing  amencw.'  ^  ^' 
in  the  Tercentenary  Edition,  is  hereby  amended  by  strik- 
ing out,  in  the  fourth  line,  the  word  "four"  and  inserting  in 
place  thereof  the  word :  —  two,  —  so  as  to  read  as  follows :  — 
Sixth,  Diseased  animals  or  carcasses  thereof,  or  any  tainted,  J;^gat^°r®^°™^ 
diseased,   corrupted,   decayed  or  unwholesome  meat,  fish,  provisions, 
vegetables,  produce,  fruit  or  provisions  of  any  kind,  or  the 
meat  of  any  calf  killed  when  less  than  two  weeks  old  or  any 
product  thereof,  if  kept  or  concealed  with  intent  to  kill,  sell 
or  offer  the  same  for  sale  for  food. 

Ay  proved  June  11,  1943. 

An  Act  further  providing  for  the  investment  of  cer-  Chap. 509 

TAIN    funds    of    the    COMMONWEALTH    IN    UNITED    STATES 
WAR    BONDS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  two  hundred  and  thirteen  of  the  acts  of  the  cur- 
rent year  is  hereby  amended  by  striking  out  section  one  and 
inserting  in  place  thereof  the  following  section :  —  Section  1 . 
The  state  treasurer  may  invest  in  the  current  issue  of  United 
States  war  bonds,  commonly  called  the  Second  War  Loan 
Bonds,  such  amount  of  the  cash  in  the  treasury  of  the  com- 
monwealth, not  exceeding  six  million  dollars,  as  he  may,  with 
the  approval  of  the  governor,  determine;  and  said  state 
treasurer  may  also,  during  the  continuance  of  the  existing 
state  of  war  between  the  United  States  and  any  foreign  coun- 
try, invest  in  any  other  United  States  war  bonds  such  amount 
of  the  cash  in  said  treasury  as  he  may,  with  like  approval  de- 
termine. Bonds  purchased  under  this  section  shall  be  held 
in  a  separate  fund  in  his  custody. 

Approved  June  11,  1943. 


652  Acts,  1943.  —  Chaps.  510,  511,  512. 


Chap. 610  An  Act  temporarily  providing  for  a  third  assistant 

REGISTER  OF  PROBATE  FOR  THE  COUNTY  OF  ESSEX. 

Emergency  Wkeretts,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  to  make  immediately  avail- 
able to  the  probate  court  for  the  county  of  Essex  the  services 
of  a  third  assistant  register,  whose  services  are  made  neces- 
sary by  reason  of  the  restrictions  upon  travel  caused  by  the 
shortage  in  gasoline ;  therefore  it  is  hereby  declared  to  be  an 
emergency  law  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  folloios: 

The  judges  of  probate  for  Essex  county  may  appoint  a 
third  assistant  register  for  said  county,  who  shall  be  subject 
to  the  laws  relative  to  assistant  registers,  except  that,  unless 
sooner  removed  by  the  judges,  his  term  of  office  shall  expire 
on  June  thirtieth,  nineteen  hundred  and  forty-five. 

Approved  June  11,  1943. 

Chap, 511  -An  ^^'^  RELATIVE  TO  INCOME  TAX  DEDUCTIONS  FOR  CERTAIN 

DEPENDENTS. 

Be  it  enacted,  etc.,  as  follows: 

G  L.  (Ter.  Scctiou  six  of  chapter  sixty-two  of  the  General  Laws  is 

amended.     '     hereby  amended  by  striking  out  clause  (/i),  as  appearing  in 
the  Tercentenary  Edition,  and  mserting  in  place  thereof  the 
following  clause :  — 
Tax  deduc-  (h)  The  sum  of  five  hundred  dollars  for  a  husband  or  wife 

cMtain"'^  with  whom  the  taxpayer  lives  and,  if  entirely  dependent  on 

dependents.  ^}jg  taxpayer  for  support,  the  sum  of  two  hundred  and  fifty 
dollars  for  each  parent,  for  each  child  under  the  age  of  eight- 
een and  for  each  child  eighteen  years  of  age  or  over  incapable 
of  self-support  because  of  physical  or  mental  disability.  The 
aforesaid  deduction  shall  not  be  allowed  to  both  husband  and 
wife,  but  may  be  allowed  to  either  as  they  shall  mutually 
agree,  or  shall  be  prorated  between  them  in  proportion  to  the 
net  income  of  each  in  excess  of  two  thousand  dollars. 

Approved  June  11,  194-3. 

Chap. 512  An  Act  requiring  the  approval  of  the  department  of 

PUBLIC  welfare  in  CONNECTION  WITH  CERTAIN  PROCEED- 
INGS ON  BONDS  AND  MORTGAGES  GIVEN  TO  SECURE  OLD 
AGE  ASSISTANCE,  AND  MAKING  CERTAIN  PERSONS  ELIGIBLE 
FOR  SUCH  ASSISTANCE  NOTWITHSTANDING  THEIR  OWNER- 
SHIP OF  REAL  ESTATE  UPON  WHICH  THEY  DO  NOT  RESIDE. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Chapter  one  hundred  and  eighteen  A  of  the  General  Laws 

f i.^etV.^"^'       is  hereby  amended  by  striking  out  section  four,  as  most  re- 
amended,  cently  amended  by  section  four  of  chapter  seven  hundred 
and  twenty-nine  of  the  acts  of  nineteen  hundred  and  forty- 
one,  and  inserting  in  place  thereof  the  following  section :  — 


Acts,  1943.  — Chap.  513.  653 

Section  4-  The  ownership  by  an  applicant  of  an  equity  in  Ownership  of 
vacant  land  from  which  no  income  is  derived,  or  the  owner-  fo°disqifaHf°y 
ship  of  an  equity  in  real  estate  by  an  applicant  who  resides  applicants. 
thereon  or  who,  in  the  opinion  of  the  board,  is  residing  else- 
where than  on  such  real  estate  because  of  physical  or  mental 
incapacity,  shall  not  disqualify  him  from  receiving  assistance 
under  this  chapter;  provided,  that  if  such  equity,  computed 
on  the  basis  of  assessed  valuation,  exceeds  an  average  of  three 
thousand  dollars  during  the  five  years  immediately  preceding 
his  application,  the  board  of  public  welfare  of  the  town  ren- 
dering such  assistance,  or  the  bureau  of  old  age  assistance 
established  by  such  board,  shall,  through  the  appropriate 
town  official,  require  such  applicant  to  execute  a  bond  in  a 
penal  sum  equal  to  the  amount  of  the  equity  in  excess  of 
three  thousand  dollars,  running  to  the  treasurer  of  the  town, 
conditioned  on  repayment  to  such  town  of  all  amounts  of 
such  assistance,  without  interest,  such  bond  to  be  secured 
by  mortgage  of  the  applicant's  real  estate.  Proceedings  to 
realize  upon  any  such  bond  or  mortgage  shall  be  brought 
only  with  the  written  approval  of  the  department,  which 
shall  be  granted  upon  application,  except  in  any  case  where 
such  a  proceeding  would,  in  the  opinion  of  the  department, 
result  in  undue  hardship, or  would  be  inconsistent  with  the 
purposes  of  this  chapter.  Every  such  bond  and  mortgage 
shall  be  forthwith  entered  for  record  in  the  proper  registry 
of  deeds  or  registry  district  of  the  land  court,  as  the  case 
may  be,  and  the  register  of  deeds  or  assistant  recorder  of 
the  land  court  shall  thereupon  record  or  register  such  bond 
and  mortgage  without  fee.  The  proceeds  realized  by  the 
town  from  any  such  bond  and  mortgage  shall  be  apportioned 
among  the  federal  government,  the  commonwealth  and  the 
town  furnishing  the  assistance  in  proportion  to  the  amount 
of  their  respective  contributions,  but  in  no  case  for  more 
than  the  amount  contributed,  without  interest. 

Approved  June  11,  1943. 


An  Act  in  addition  to  the  general  appropriation  act  (JJku)  513 
for  the  period  beginning  december  first,  nineteen  ^' 

hundred  and  forty-two  and  ending  june  thirtieth, 
nineteen  hundred  and  forty-three,  making  appro- 
priations to  supplement  certain  items  contained 
therein,  and  for  certain  new  projects. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  supplementing  certain  items 
in  the  general  appropriation  act  for  the  period  beginning 
December  first,  nineteen  hundred  and  forty-two  and  ending 
June  thirtieth,  nineteen  hundred  and  forty-three,  and  for 
certain  new  activities  and  projects,  the  sums  set  forth  in 
section  two,  for  the  particular  purposes  and  subject  to  the 
conditions  stated  therein,  are  hereby  appropriated  from  the 
general  fund  or  ordinary  revenue  of  the  commonwealth,  un- 
less some  other  source  of  revenue  is  expressed,  subject  to]^the 


654  Acts,  1943.  —  Chap.  513. 

provisions  of  law  regulating  the  disbursement  of  public  funds 
and  the  approval  thereof,  for  said  period  or  for  such  other 
period  as  may  be  specified. 

Section  2.  The  amount  appropriated  under  each  of  the 
following  items  is  to  be  in  addition,  in  each  instance,  to  any 
amount  heretofore  appropriated  for  the  same  purpose,  un- 
less otherwise  specified : 

Service  of  the  Legislative  Department. 

Item 

0101-03     For  the  compensation  of  representatives      .  .  $2,500  00 

0101-04     For  the  compensation  for  travel  of  representatives  105  00 

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

clerk  of  the  house  of  representatives         .  .  1,000  00 

0101-06  For  the  salaries  of  the  assistant  clerk  of  the  senate 
and  the  assistant  clerk  of  the  house  of  repre- 
sentatives    .......  625  00 

0101-17  For  the  salaries  of  the  chaplains  of  the  senate  and 
house  of  representatives,  including  not  more 
than  two  permanent  positions  .  .  .  250  00 

0101-18  For  personal  services  of  the  counsel  to  the  senate 
and  assistants,  including  not  more  than  four 
permanent  positions       .  .  .  .  .  100  00 

0101-19  For  personal  services  of  the  counsel  to  the  house 
of  representatives  and  assistants,  including  not 
more  than  seven  permanent  positions      .  .  1,200  00 

0102-01  For  traveling  and  such  other  expenses  of  the  com- 
mittees of  the  present  general  court  as  may  be 
authorized  by  order  of  either  branch  of  the  gen- 
eral court 4,750  00 

0102-04  For  expenses  in  connection  with  the  publication 
of  the  bulletin  of  committee  hearings  and  of 
the  daily  list,  with  the  approval  of  the  joint 
committee  on  rules,  including  not  more  than 
one  permanent  position  ....  1,000  00 

0102-07     (See  Item  0101-18.) 

0102-23  For  stenographic  services  and  expenses  of  the 
joint  committee  on  rules  in  connection  with  a 
certain  hearing,  as  authorized  by  certain  Joint 
Orders  of  the  general  court     ....  2,421  82 


Total $13,951  82 

Service  of  the  Judicial  Department. 

Superior  Court: 
0302-02     For  traveling  allowances  and  expenses  .  .  $5,000  00 

Administrative     Committee     of     the     District 
Courts: 
0304-01     For  compensation  and  expenses  of  the  adminis- 
trative committee  of  district  courts  .  .  1,000  00 

Probate  nnd  Insolvency  Courts: 
0305-03     For  expenses  of  judges  of  probate  when  acting  for 

other  judges  of  probate  ....  50  00 

0306-13  For  clerical  assistance  to  the  Register  of  Worcester 
county,  including  not  more  than  twelve  perma- 
nent positions        ......  350  00 

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       .  .  .  4,000  00 


Total $10,400  00 


Acts,  1943.  —  Chap.  513. 


655 


Service  of  the  Executive  Department. 
Item 
0401-03     For  the  salaries  of  the  eight  councillors 


$4,000  00 


Service  of  the  State  Surgeon, 
0407-03     For  the  examination  of  recruits 


$1,700  00 


Service  of  the  Commission  on  Administration  and  Finance. 

0415-02  For  personal  services  of  the  bureau  of  the  comp- 
troller, including  not  more  than  eighty-six  per- 
manent positions  ......  $3,200  00 

0415-04  For  other  personal  services  of  the  commission,  in- 
cluding not  more  than  thirty-three  permanent 
positions 6,500  00 

0415-05     For  other  expenses  incidental  to  the  duties  of  the 

commission  ......  2,000  00 

Telephone  service: 
0415-10     For  telephone  service  in  the  state  house  and  ex- 
penses in  connection  therewith        .  .  .  8,100  00 

Central  Mailing  Room: 
0415-12     For  personal  services  of  the  central  mailing  room, 
including  not  more  than  eight  permanent  posi- 
tions      610  00 


Total 


$20,410  00 


Service  of  the  State  Superintendent  of  Buildings. 

0416-01  For  personal  services  of  the  superintendent  and 
office  assistants,  including  not  more  than  five 
permanent  positions       .....  $131  00 

0416-02  For  personal  services  of  engineers,  assistant  engi- 
neers, firemen  and  helpers  in  the  engineer's  de- 
partment, including  not  more  than  forty-four 
permanent  positions       .....  1,650  00 

0416-04     For  personal  services  of  janitors,  including  not 

more  than  twenty-one  permanent  positions      .  500  00 

Other  Annual  Expenses: 
0416-13     For  services,  supplies  and  equipment  necessary  to 

furnish  heat,  hght  and  power  .  .  .  11,000  00 

Total $13,281  00 


0418-02 


Service  of  the  State  Racing  Commission. 

The  following  item  shall  be  payable  from  fees 
collected    under   chapter   one   hundred    and 
twenty-eight    A    of    the    General    Laws,    as 
amended: 
For  other  administrative  expenses,  including  rent 
of  offices,  travel,  and  office  and  incidental  ex- 
penses ....... 


$780  00 


0419-01 


0419-02 


Service  of  the  State  Planning  Board. 

For  personal  services  of  secretary,  chief  engineer, 
and  other  assistants,  including  not  more  than 
fourteen  permanent  positions  .  .  .  $46  00 

For  services  other  than  personal,  including  rent 
of  offices,  travel,  and  office  supplies  and  equip- 
ment   1,350  00 


Total 


$1,396  00 


656 


Acts,  1943.  —  Chap.  513. 


Item 
0440-02 


0440-03 


Service  of  the  C onunissioner  of  Stale  Aid  and  Pensions, 

For  personal  services  of  agents,  clerks,  stenog- 
raphers and  other  assistants,  including  not  more 
than  nineteen  permanent  positions 

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


0441-02 


Total 

For  Expenses  on  Account  of  Wars. 

For  certain  care  of  veterans  of  the  civil  war,  their 
wives  and  widows,  as  authorized  by  section 
twenty-five  of  chapter  one  hundred  and  fifteen 
of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition  thereof       .... 


For  the  Maintenance  of  Old  State  House. 

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

Service  of  the  Secretary  of  the  Covunonwealth. 

0501-02  For  the  salaries  of  officers  and  employees  holding 
positions  established  by  law,  and  other  personal 
services,  including  not  more  than  sixty-six  per- 
manent positions  ...... 

For  printing  laws,  etc. : 
0503-03     For  printing  and  binding  public  documents 

For  matters  relating  to  elections: 
0504-03  For  furnishing  cities  and  towns  with  ballot  boxes, 
and  for  repairs  to  the  same;  for  the  purchase  of 
apparatus  to  be  used  at  polling  places  in  the  can- 
vass and  counting  of  votes;  and  for  providing 
certain  registration  facilities  .... 

Total 

Service  of  the  Treasurer  and  Receiver-General. 

Commissioners  on  Firemen's  Relief: 
0602-01     For  relief  disbursed,  with  the  approval  of  the  com- 
missioners on  firemen's  relief,  subject  to  the  pro- 
visions of  law         ...... 

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

State  Board  of  Retirement: 

0604-01  For  personal  services  in  the  administrative  office 
of  the  state  board  of  retirement,  including  not 
more  than  eleven  permanent  positions 

0604-03  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     . 

Total         .  .  .  .  . 

Service  of  the  Attorney  General's  Department. 

0801-02  For  the  compensation  of  assistants  in  his  office, 
and  for  such  other  legal  and  personal  services  as 
may  be  reqviired,  including  not  more  than  thirty- 
six  permanent  positions  .... 


$2,800  00 


1,600  00 


$4,400  00 


$1,200  00 


$125  00 


$4,600  00 
800  00 


334  00 

$5,734  00 

$1,800  00 

100  00 

450  00 

20.810  00 

$23,160  00 

$11,000  00 


Acts,  1943. —  Chap.  513. 


657 


Item 
0801-03 


0802-02 


0901-01 
0901-21 


0905-01 


0905-03 


0906-03 


0907-02 


0907-03 


0910-01 


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

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

Total 


Service  of  the  Department  of  Agriculture, 

For  the  salary  of  the  commissioner     . 
For  services  and  expenses  of  apiary  inspection, 
including  not  more  than  one  permanent  position 

Division  of  Dairying  and  Animal  Husbandry: 
For  personal  services,  including  not  more  than 
five  permanent  positions  .... 
For  administering  the  law  relative  to  the  inspec- 
tion of  barns  and  dairies  by  the  department  of 
agriculture,  including  not  more  than  eight  per- 
manent positions  ...... 

Milk  Control  Board: 
For  expenses  in  connection  with  certain  activities 
conducted  in  co-operation  with  the  federal  gov- 
ernment, as  authorized  by  section  twenty-three 
of  chapter  ninety-four  A  of  the  General  Laws  . 

Division  of  Livestock  Disease  Control: 
For  personal  services  of  clerks  and  stenographers, 
including  not  more  than  eighteen  permanent 
positions       ....... 

For  services  other  than  personal,  traveling  ex- 
penses of  the  director,  office  supplies  and  equip- 
ment, and  rent  ..... 

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

Total 


$1,900 

00 

99 

43 

$12,999  43 

$500  00 

300 

00 

250  00 


4,250  00 


1,700  00 


300  00 


180  00 


300  00 


$7,780  00 


Service  of  the  Department  of  Conservation. 

Administration : 
1001-04     For  clerical  and  other  assistance  to  the  commis- 
sioner, including  not  more  than  twelve  perma- 
nent positions        ......  $470  00 

Division  of  Forestry: 

1002-01     For  personal  services  of  office  assistants,  including 

not  more  than  four  permanent  positions  .  .  200  00 

1002-02  For  services  other  than  personal,  traveUng  ex- 
penses, necessary  office  supplies  and  equipment, 
and  rent 200  00 

1002-14  For  the  expenses  of  forest  fire  patrol,  as  authorized 
by  section  twenty-eight  A  of  chapter  forty-eight 
of  the  General  Laws 1,300  00 

1002-16  For  reimbursement  of  certain  towns  for  part  of  the 
cost  of  certain  forest  fire  patrol,  as  authorized 
by  chapter  six  hundred  and  eighty-eight  of  the 
acts  of  nineteen  hundred  and  forty-one   .  .  2,000  00 

1002-21  For  the  development  of  state  forests,  including 
not  more  than  twenty-one  permanent  positions, 
and  including  salaries  and  expenses  of  foresters 
and  the  cost  of  maintenance  of  such  nurseries 


658  Acts,  1943.  —  Chap.  513. 

Item 

as  may  be  necessary  for  the  growing  of  seed- 
lings for  the  planting  of  state  forests,  as  author- 
ized by  sections  one,  six,  nine  and  thirty  to 
thirty-six,  inclusive,  of  chapter  one  hundred 
and  thirty-two  of  the  General  Laws         .  .  $4,500  00 

Division  of  Fisheries  and  Game: 
1004-02     For  personal  services  of  office  assistants,  includ- 
ing not  more  than  ten  permanent  positions      .  400  00 

Enforcement  of  laws: 
1004-11     For  personal  ser^dces  of  conservation  officers,  in- 
cluding not  more  than  thirty-seven  permanent 
positions 2,300  00 

■  Propagation  of  game  birds,  etc. : 
1004-31     For  personal  services  of  employees  at  game  farms 
and  fish  hatcheries,   including  not  more  than 
twenty-four  permanent  positions     .  .  .  2,500  00 

Supervision    of    public    fishing    and     hunting 
grounds: 

1004-42     For  other  expenses 450  00 

1004-45     For  expenses  of  providing  for  the  establishment 

and  maintenance  of  public  fishing  grounds       .  6,450  00 

1004-46     For  the  cost  of  construction  and  improvement  of 

certain  fishways    ......  300  00 

Division  of  Marine  Fisheries: 
1004-71  For  personal  services,  including  not  more  than  six 
permanent  positions:  provided,  that  this  appro- 
priation shall  not  be  used  for  the  payment  of 
salaries  of  food  inspectors  regulating  the  sale 
and  cold  storage  of  fresh  food  fish    .  .  .  15  00 


Total $21,085  00 


Service  of  the  Deparhnent  of  Bankmg  and  Insurance. 

Supervisor  of  Loan  Agencies: 
1102-01     For  personal  services  of  supervisor  and  assistants, 
including  not  more  than  seven  permanent  posi- 
tions     $216  00 

Division  of  Savings  Bank  Life  Insurance: 
1105-01     For  personal  services  of  officers  and  employees,  in- 
cluding not  more  than  twenty-nine  permanent 
positions       .......  550  00 


Total $766  00 


Service  of  the  Department  of  Corporations  and  Taxation. 

Corporations  and  Tax  Divisions: 
1201-02  For  the  salaries  of  certain  positions  filled  by  the 
commissioner,  with  the  approval  of  the  gover- 
nor and  council,  and  for  additional  clerical  and 
other  assistance,  including  not  more  than  one 
hundred  and  twenty-six  permanent  positions, 
partly  chargeable  to  item  2970-03  .  .  .  $500  00 

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  per- 
manent positions  ......  5,000  00 


Acts,  1943.  —  Chap.  513.  659 


Item 


Income  Tax  Division  (the  two  following  appro- 
priations are  to  be  made  from  the  receipts 
from  the  income  tax) : 

1202-01  For  personal  services  of  the  director,  assistant 
director,  assessors,  deputy  assessors,  clerks,  ste- 
nographers and  other  necessary  assistants,  in- 
cluding not  more  than  two  hundred  and  sixty- 
three  permanent  positions       ....  $5,000  00 

1202-02  For  services  other  than  personal,  and  for  travel- 
ing expenses,  ofBce  supplies  and  equipment, 
and  rent 19,000  00 

Division  of  Accounts: 
1203-11     For  services  and  expenses  of  auditing  and  instal- 
ling systems  of  municipal  accounts,  the  cost  of 
which  is  to  be  assessed  upon  the  municipalities 
for  which  the  work  is  done     ....  7,000  00 


Total $36,500  00 

Service  of  the  Department  of  Education. 

1301-02  For  personal  services  of  officers,  agents,  clerks, 
stenographers  and  other  assistants,  including 
not  more  than  forty-six  permanent  positions, 
but  not  including  those  employed  in  university 
extension  work      ......  $1,780  00 

1301-03  For  traveling  expenses  of  members  of  the  advisory 
board  and  of  agents  and  employees  when  re- 
quired to  travel  in  discharge  of  their  duties       .  130  00 

1301-06     For   printing   school   registers  and   other  school 

blanks  for  cities  and  towns     ....  220  00 

1301-10  For  the  maintenance  and  operation  of  the  state 
building  on  Newbury  street,  Boston,  including 
not  more  than  four  permanent  positions  .  .  450  00 

Division  of  Vocational  Education: 
1301-31  For  the  training  of  teachers  for  vocational  schools, 
to  comply  with  the  requirement  of  federal  au- 
thorities under  the  provisions  of  the  Smith- 
Hughes  act,  so  called,  including  not  more  than 
twenty  permanent  positions   ....  1,000  00 

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  General  Laws    .  11,600  00 

English-speaking  Classes  for  Adults: 
1301-64     For  personal  services  of  administration,  including 

not  more  than  four  permanent  positions  .  .  65  00 

Division  of  the  Blind: 

1304-03     For  the  maintenance  of  local  shops,  including  not 

more  than  nine  permanent  positions         .  .  4,900  00 

1304-04  For  maintenance  of  Woolson  House  industries,  so 
called,  to  be  expended  under  the  authority  of 
said  division,  including  not  more  than  four  per- 
manent positions  ......  3,900  00 

1304-05  For  the  maintenance  of  certain  industries  for  men^ 
to  be  expended  under  the  authority  of  said  di- 
vision, including  not  more  than  six  permanent 
positions       .  .  .  .  .  .  .  9,500  00 

1304-10  For  expenses  of  administering  and  operating  the 
services  of  piano  tuning  and  mattress  renovat- 
ing under  section  twenty-five  of  chapter  sixty- 
nine  of  the  General  Laws       ....  880  GO 


660 


Acts,  1943.  — Chap.  513. 


Item 


1305-02 


1306-01 


1308-21 


1314-32 


1341-00 


1341-79 


Teachers'  Retirement  Board: 
For  services  other  than  personal,  traveling  ex- 
penses, office  supplies  and  equipment,  and  rent  $300  00 

Massachusetts  Maritime  Academy: 
For  personal  services  of  the  secretary  and  office 
assistants,  including  not  more  than  two  per- 
manent positions  ......  650  00 

For  the  maintenance  of  the  state  teachers'  col- 
leges, and  the  boarding  halls  attached  thereto, 
with   the   approval   of   the   commissioner   of 
education,  as  follows: 
State  teachers'  college  at  Fitchburg,  boarding  hall, 
including  not  more  than  nine  permanent  posi- 
tions      8,500  00 

State  teachers'  college  at  Westfield,  personal  serv- 
ices and  expenses  of  boarding  hall  for  army  sig- 
nal corps  trainees  .....  4,575  00 

Massachusetts  State  College: 

For  maintenance  and  current  expenses  of  the 
Massachusetts  state  college,  with  the  approval 
of  the  trustees,  including  not  more  than  four 
hundred  and  eighty-one  permanent  positions    .  8,400  00 

For  necessary  expenditures  in  connection  with  the 
establishment  and  maintenance  of  the  fighter 
command  training  school  at  the  Massachusetts 
state  college,  the  sum  of  thirty-seven  thousand 
seven  hundred  dollars  is  hereby  appropriated 
and  made  available  for  transfer  to  the  amounts 
previously  appropriated  in  Items  1341-00, 
1341-77  and  1341-78  of  chapter  sixty-eight  of 
the  acts  of  the  present  year,  with  the  approval 
of  the  commission  on  administration  and  fi- 
nance, and  any  unexpended  balance  of  this  ap- 
propriation remaining  on  June  thirtieth,  nine- 
teen hundred  and  forty-three,  shall  be  available 
in  the  fiscal  year  nineteen  hundred  and  forty- 
four     37,700  00 

Total $94,550  00 


Service  of  the  Department  of  Civil  Service  and  Registration. 

Division  of  Registration: 
1403-01     For  the  salary  of  the  director     .... 

Board  of  Dental  Examiners: 
1405-02     For  traveling  expenses       ..... 

Board    of    Registration     in    Embalming    and 
Funeral  Directing: 
1409-02     For  traveling  expenses       ..... 

Board  of  Registration  in  Optometry: 
For  traveling  expenses       ..... 


1410-02 


1411-01 


1411-02 


1412-01 


Board  of  Registration  in  Veterinary  Medicine: 
For  personal  services  of  members  of  the  board,  in- 
cluding not  more  than  five  permanent  positions 
For  other  services,  traveling  expenses,  office  sup- 
plies and  equipment       ..... 

Board  of  Registration  of  Professional  Engineers 
and  of  Land  Surveyors: 
For  personal  services  and  other  expenses,  includ- 
ing travel     ....... 


$13 

34 

100 

00 

100 

00 

40 

00 

350 

00 

150 

00 

300  00 


Acts,  1943.  —  Chap.  513.  661 

Item 

Board  of  Registration  of  Architects: 

1413-01     For  personal  services  and  other  expenses,  includ- 
ing travel $1,300  00 

Board  of  Registration  of  Barbers: 
1420-01     For  personal  services  of  members  of  the  board  and 
assistants,  including  not  more  than  eight  per- 
manent positions  ......  84  00 


Total $2,437  34 

Service  of  the  Department  of  Industrial  Accidents. 

1501-01  For  personal  services  of  members  of  the  board, 
including  not  more  than  seven  permanent  po- 
sitions    $1,128  00 

1501-02  For  personal  services  of  secretaries,  inspectors, 
clerks  and  office  assistants,  including  not  more 
than  eighty-seven  permanent  positions     .  .  6,030  00 

1501-04     For  other  ser^dces,  necessary  office  supplies  and 

equipment    .......  600  00 


Total $7,758  00 


Service  of  the  Department  of  Labor  and  Industries. 

1601-51  For  personal  services  for  the  di^^sion  on  neces- 
saries of  life,  including  not  more  than  five  per- 
manent positions  .  .  .  .  .  .  $157  00 

1601-53  For  personal  services  in  administering  sections 
two  hundred  and  ninety-five  A  to  two  hundred 
and  ninety-five  O,  inclusive,  of  chapter  ninety- 
four  of  the  General  Laws,  relating  to  the  adver- 
tising and  sale  of  motor  fuel  at  retail,  including 
not  more  than  twelve  permanent  positions       .  680  00 

1601-71  For  personal  services  of  investigators,  clerks  and 
stenographers  for  the  minimum  wage  service, 
including  not  more  than  eighteen  permanent 
positions       .......  1,973  00 


Total         .  .  .  .  .  .  .  $2,810  00 


Service  of  the  Department  of  Mental  Health. 

1701-03     For  transportation  and  medical  examination  of 

state  charges  under  its  charge         .  .  .  $450  00 

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

Cottages  for  Children 3,000  00 

Division  of  Mental  Hygiene: 
1702-21     For  the  cost  of  boarding  certain  feeble-minded 

persons  in  private  homes         ....  200  00 

For  the  maintenance  of  the  following  institu- 
tions under  the  control  of  the  Department  of 
Mental  Health: 
1710-00     Boston  psychopathic  hospital,  including  not  more 
than  one  hundred  and  fifty-six  permanent  posi- 
tions      5,000  00 

1719-00  Taunton  state  hospital,  including  not  more  than 
four  hundred  and  seventy-two  permanent  posi- 
tions      8,300  00 

Total $16,950  00 


662  Acts,  1943.  —  Chap.  513. 


Service  of  the  Department  of  Correction. 

Item 

Division  of  Classification  of  Prisoners: 

1801-08  For  expenses  of  the  division  hereby  authorized,  in- 
cluding not  more  than  eight  pernaanent  posi- 
tions; provided,  that  the  persons  employed 
hereunder  shall  not  be  subject  to  civil  service 
laws  or  the  rules  and  regulations  made  there- 
under   $1,000  00 

Service  of  the  Department  of  Public  Welfare. 

Administration : 
1901-03     For  services  other  than  personal,  traveling  ex- 
penses, including  expenses  of  auxiliary  visitors, 
office  supplies  and  expenses    ....  S350  00 

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

nine  permanent  positions        ....  350  00 

Division  of  Child  Guardianship: 
1906-01     For  personal  services  of  officers  and  employees,  in- 
cluding not  more  than  one  hundred  and  tliirty- 
six  permanent  positions  ....  7,000  00 

1906-03  For  the  care  and  maintenance  of  children,  includ- 
ing not  more  than  two  permanent  positions       .  76,000  00 

The  following  items  are  for  reimbursement  of 
cities  and  towns: 
1907-05     For  the  payment  of  suitable  aid  to  certain  depend- 
ent children  .......  900,000  00 

The  sum  of  twenty-five  thousand  five  hundred  dol- 
lars is  hereby  transferred  from  the  appropria- 
tion made  by  Item  1907-09  of  chapter  sixty- 
eight  of  the  acts  of  the  present  year  to  the 
appropriation  made  by  Item  1907-07  of  said 
chapter  sixty-eight. 

The  sum  of  forty-two  thousand  dollars  is  hereby 
transferred  from  the  appropriation  made  by 
Item  1907-09  of  chapter  sixty-eight  of  the  acts 
of  the  present  year  to  the  appropriation  made 
by  Item  1907-08  of  said  chapter  sixty-eight. 

Division  of  Juvenile  Training,  Trustees  of  Mas- 
sachusetts Training  Schools: 
1908-02     For  ser\aces  other  than  personal,  traveling  and 
other  expenses  of  the  members  of  the  board  and 
employees,  office  supplies  and  equipment         .  150  00 

Boys'  Parole: 

1908-12  For  services  other  than  personal,  including  travel- 
ing expenses  of  the  agents  and  boys,  and  neces- 
sary office  supplies  and  equipment  .  .  .  1,100  00 

1908-13     For  board,  clothing,  medical  and  other  expenses 

incidental  to  the  care  of  boys  .  .  .  .  1,800  00 

Girls'  Parole: 

1908-31  For  personal  services  of  agents  in  the  division  for 
girls  paroled  from  the  industrial  school  for  girls, 
including  not  more  than  eighteen  permanent 
positions 900  00 

1908-32  For  traveling  expenses  of  said  agents  for  girls  pa- 
roled, for  board,  medical  and  other  care  of  girls, 
and  for  ser'vices  other  than  personal,  office  sup- 
plies and  equipment       .....  2,000  00 


Acts,  1943.  —  Chap.  513.  663 


Item 


For  the  maintenance  of  the  institutions  under 
the  control  of  the  trustees  of  the  Massachu- 
setts training  schools,  with  the  approval  of 
said  trustees,  as  follows: 
1915-00     Industrial   school   for   boys,   including  not   more 

than  one  hundred  permanent  positions     .  .  $6,000  00 

1916-00     Industrial. school  for  girls,  including  not  more  than 

eighty-nine  permanent  positions      .           .           .  6,000  00 
1917-00     Lyman  school  for  boys,  including  not  more  than 
one  hundred  and  thirty-eight  permanent  posi- 
tions                  3,000  00 

Tewksbury  State  Hospital  and  Infirmary: 
1919-24     For  the  purchase  and  installation  of  certain  coal 
burning  equipment  in  the  power  plant  at  the 
Tewksburj^  State  Hospital  and  Infirmary  .  65,000  00 


Total $1,069,650  00 

Service  of  the  Department  of  Public  Health. 

Administration : 
2001-02     For  personal  services  of  the  health  council  and 
office    assistants,    including    not    more    than 
twenty-three  permanent  positions  .  .  .  $2,850  00 

Ser\nce  of  Adult  Hygiene  (cancer) : 
2003-02     For  other  expenses  of  the  division,  including  can- 
cer clinics     .  .  .  .  .  .  .  6,500  00 

Service  of  Child  and  Maternal  Hygiene: 
2004-02     For  services  other  than  personal,  traveling  ex- 
penses, office  supplies  and  equipment       .  .  1,200  00 

Antitoxin  and  Vaccine  Laboratories: 
2007-07  For  personal  services  in  the  investigation  and  pro- 
duction of  antitoxin  and  vaccine  lymph  and 
other  specific  material  for  protective  inocula- 
tion and  diagnosis  of  treatment,  including  not 
more  than  forty-seven  permanent  positions      .  700  00 

$007-08  For  other  services,  supplies,  materials  and  equip- 
ment necessary  for  the  production  of  antitoxin 
and  other  materials  as  enumerated  above,  and 
for  rent 3,500  00 

Inspection  of  Food  and  Drugs: 
2012-01     For  personal  ser\'ices  of  the  director,  analysts,  in-   "" 

spectors   and    other    assistants,    including   not 

more  than  thirty  permanent  positions      .  .  700  00 

2012-02     For  other  services,  including  traveling  expenses, 

supplies,  materials  and  equipment  .  .  .  500  00 

Shellfish  Enforcement  Law: 

2013-01  For  personal  services  for  administering  the  law 
relative  to  shellfish,  including  not  more  than 
one  permanent  position  ....  76  66 

2013-02  For  other  expenses  for  administering  the  law  rela- 
tive to  shellfish 50  00 


Total $16,076  66 

Service  of  the  Department  of  Public  Safety. 

Division  of  State  Police: 

2102-02  For  personal  services  of  civilian  employees,  includ- 
ing not  more  than  one  hundred  and  six  perma- 
nent positions        ......  $7,100  00 

2102-04  For  expert  assistance  to  the  commissioner  and  for 
maintenance  of  laboratories,  including  not  more 
than  four  permanent  positions         .  .  .  500  00 


51 

00 

1,200 

00 

500 

00 

$13,801 

00 

664  Acts,  1943.  —  Chap.  513. 

Item 

Fire  Prevention  Service: 
2103-02     For  personal  services  of  fire  and  other  inspectors, 

including  not  more  than  nineteen  permanent 

positions $2,950  00 

2103-03     For  other  services,  office  rent  and  necessary  office 

supplies  and  equipment  .  .  .  .  100  00 

2103-04     For  traveling  expenses  of  fire  and  other  inspectors  1,400  00 

Division  of  Inspection: 

2104-21  For  the  salaries  of  officers  for  the  boiler  inspection 
service,  including  not  more  than  twenty-six  per- 
nianent  positions  ...... 

2104-22  For  traveling  expenses  of  officers  for  the  boiler  in- 
spection service     ...... 

State  Boxing  Commission : 
2105-02     For  other  expenses  of  the  commission  . 

Total 

Service  of  the  Deparlment  of  Public  Works. 

Functions  of  the  department  relating  to  water- 
ways and  public  lands: 
2202-07     For  the  operation  and  maintenance  of  the  New 
Bedford   state  pier,   including  not  more  than 
seven  permanent  positions      ....  $3,700  00 

Service  of  the  Department  of  Public  Utilities. 

2301-01  For  personal  services  of  the  commissioners,  in- 
cluding not  more  than  five  permanent  positions  $155  55 

2301-05  For  personal  services  of  the  telephone  and  tele- 
graph division,  including  not  more  than  seven 
permanent  positions       .....  34  00 

2301-06     For  traveling  expenses  of  the  commissioners  and 

employees 1,000  00 

2301-08  For  stenographic  reports  of  evidence  at  inquests 
held  in  cases  of  death  by  accident  on  or  about 
railroads       .......  68  00 

Investigation  of  Gas  and  Electric  Light  Meters: 
2302-01     For  personal  services  of  the  division  of  inspection 
of  gas  and  gas  meters,  including  not  more  than 
twelve  permanent  positions     ....  1,050  00 

Commercial  Motor  Vehicle  Division: 
2304-01     For  personal  services  of  the  director  and  assist- 
ants, including  not  more  than  thirty-two  per- 
manent positions  ......  650  00 


Total $2,957  55 

Bunker  Hill  Monument: 
2801-00     For  the  maintenance  of  Bunker  Hill  monument 
and  the  property  adjacent,  to  be  expended  by 
the  metropolitan  district  commission        .  .  $6,712  00 


Unclassified  Accounts  and  Claims. 

2805-02  For  payment  of  any  claims,  as  authorized  by  sec- 
tion eighty-nine  of  chapter  thirty-two  of  the 
General  Laws,  for  allowances  to  the  families  of 
members  of  the  department  of  public  safety 
doing  police  duty  killed  or  fatally  injured  in  the 
discharge  of  their  duties  .  .  .  .  $70  00 


,  Acts,  1943. —  Chap.  513.  665 

Item 

2811-02  For  the  compensation  of  veterans  who  may  be 
retired  by  the  governor  mider  the  provisions  of 
sections  fifty-six  to  fifty-nine,  inclusive,  of  chap- 
ter thirty-two  of  the  General  Laws  .  $16,000  00 

2811-03  For  the  compensation  of  certain  prison  officers 
and  instructors  formerly  in  the  service  of  the 
commonwealth,  now  retired   ....  1,200  00 

2811-04  For  the  compensation  of  state  police  officers  for- 
merly in  the  service  of  the  commonwealth,  now 
retired 1,200  00 

2820-  06  For  reimbursement  of  persons  for  funds  previously 
deposited  in  the  treasury  of  the  commonwealth 
and  escheated  to  the  commonwealth         .  .  250  00 


Total S18,720  00 


Deficiencies. 

For  deficiencies  in  certain  appropriations  of  pre- 
vious years,  in  certain  items,  as  follows: 

Service  of  the  Legislative  Department. 

For  printing,  binding  and  paper  ordered  by  the 
senate  and  house  of  representatives,  or  by  con- 
current order  of  the  two  branches,  with  the  ap- 
proval of  the  clerks  of  the  respective  branches  .  $138  99 

Service  of  the  Judicial  Department. 

Justices  of  District  Courts: 
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         .  774  93 

Administrative  Committee  of  District  Courts: 
For  compensation  and  expenses  of  the  administra- 
tive committee  of  district  courts   ...  66  20 

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

probate  courts       ......  32  00 

Suffolk  County  Court  House. 

For  reimbursing  the  city  of  Boston  for  thirty  per 
cent  of  the  cost  of  maintenance  of  the  Suffolk 
County  Court  House,  as  p^o^'^ded  by  and  sub- 
ject to  the  conditions  of  section  six  of  chapter 
four  hundred  and  seventy-four  of  the  acts  of  the 
year  nineteen  hundred  and  thirty-five;  pro- 
vided, that  this  appropriation  shall  not  be  con- 
strued as  fixing  the  specific  amount  for  which 
the  commonwealth  shall  be  liable  on  account  of 
said  maintenance  .....  10,000  00 

Service  of  the  State  Quartermaster. 

For  expense  of  maintaining  and   operating  the 

Camp  Curtis  Guild  rifle  range         ...  94  89 

Service  of  the  Secretary  of  the  Commonwealth. 

Medical  Examiners'  Fees: 
For  medical  examiners'  fees,  as  provided  by  law  .  46  20 


666  Acts,  1943.  — Chap.  513. 


Item 


Service  of  the  Department  of  Corporations  and  Taxation. 

Corporations  and  Tax  Divisions: 
For  other  services,  necessary  office  supplies  and 
equipment,  travel,  and  for  printing  the  annual 
report,  other  publications  and  valuation  books  $203  47 

For  expenses  of  the  department  for  legal  services, 
evidence  and  other  information  relative  to  dom- 
icile cases     .......  179  61 

Service  of  the  Department  of  Education. 

Reimbursement  and  aid: 
For  the  reimbursement  of  certain  towns  for  the 
payment   of   tuition   of  pupils  attending  high 
schools  outside  the  towns  in  which  they  reside, 
as  provided  by  law         .....  1,369  60 

Service  of  the  Department  of  Civil  Service  and  Registration.  ■ 

Division  of  Registration: 
For  services  of  the  division  other  than  personal, 
printing  the  annual  reports,  office  supplies  and 
equipment,  except  as  otherwise  provided         .  161  98 

Service  of  the  Attorney  General's  Department. 

For  services  and  expenses  of  the  attorney  general 
in  preparing  and  furnishing  information  for  use 
by  the  commission  appointed  to  study  and  in- 
vestigate the  service  of  the  New  York,  New 
Haven  and  Hartford  Railroad  Company  .  .  1,023  95 

Service  of  the  Department  of  Correction. 

For  traveling  expenses  of  officers  and  employees 
of  the  department,  when  required  to  travel  in 
the  discharge  of  their  duties   ....  200  27 

For  the  maintenance  of  the  reformatory  for 
women,  including  not  more  than  one  hundred 
and  three  permanent  positions         .  .  2,872  01 

Service  of  the  Department  of  Public  Welfare. 

Division  of  Child  Guardianship: 
For  the  care  and  maintenance  of  children,  includ- 
ing not  more  than  two  permanent  positions       .  343  70 

Tuition  of  Children: 
For  tuition  in  the  public  schools,  including  trans- 
portation   to    and    from    school,    of    children 
boarded  by  the  department  .  .  .  2,426  30 


Unclassified  Accounts  and  Claims. 

For  the  compensation  of  veterans  who  may  be 
retired  by  the  governor  under  the  provisions  of 
sections  fifty-six  to  fifty-nine,  inclusive,  of  chap- 
ter thirty-two  of  the  General  Laws  .  .  .  153  50 

Service  of  the  Department  of  Agriculture. 

Di\-ision  of  Markets: 
For  the  cost  of  work  of  inspecting  certain  orchards 
within  the  commonwealth  to  provide  for  effec- 
tive apple  pest  control  .  .  .  .  .  123  21 


Item 


Acts,  1943.  —  Chap.  513.  667 


Service  of  the  Department  of  Menial  Health. 

For  the  maintenance  of  the  Belchertown  state 
school,  including  not  more  than  two  hundred 
and  ninety-eight  permanent  positions       .  .  $43  90 


Total $20,254  71 

The  Following  Appropriations  are  Made  from  the  Highway  Fund: 
Service  of  the  Department  of  Public  Works. 

Public  Works  Building: 

2922-02  For  the  salaries  of  guards  for  the  public  works 
building,  including  expense  of  uniforms,  and 
including  not  more  than  seventeen  permanent 
positions       .......  $725  00 

2922-03  For  other  expenses  for  the  maintenance  and  opera- 
tion of  the  public  works  building      .  .  .  1,100  00 


Total $1,825  00 

Metropolitan  District  Commission. 

The  following  items  are  to  be  paid  with  the  ap- 
proval of  the  metropolitan  district  commis- 
sion: 
2931-00     For  maintenance  of  boulevards  and  parkways, 

including  installation  of  traffic  lights       .  .        $500,000  00 

Deficiencies. 

For  deficiencies  in  certain  appropriations  of  pre- 
vious years,  in  certain  items,  as  follows: 
For  maintenance  of  boulevards  and  parkways,  in- 
cluding installation  of  traffic  lights,  to  be  paid  ^ 
with  the  approval  of  the  metropolitan  district 
commission  .......               $223  46 


The  Following  Appropriations  are  Made  from  the  Port  of  Boston 

Fund: 

Service  of  the  Department  of  Public  Works. 

Functions  of  the  department  relating  to  Port  of 
Boston : 
3132-14     For  personal  services  and  other  expenses  of  the 
cost  of  operating  the  Commonwealth  Airport, 
so-called $8,000  00 


The   Following  Appropriations  are   Payable   from  the   Parks   and 
Salisbury  Beach  Reservation  Fund: 

Division  of  Parks  and  Recreation. 

4013  For  the  development  of  recreational  opportuni- 

ties in  state  forests,  including  personal  services 
and  other  expenses         .....  $4,300  00 

4021  For  the  maintenance  of  the  Standish  monument 

reservation  .  .  .  .  .  .  .  210  00 

Salisbury  Beach  Reservation: 
4031  For  the  maintenance  of  Salisbury  beach  reserva- 

tion, including  not  more  than  one  permanent 
position        .......  3,700  00 

Total $8,210  00 


668 


Acts,  1943.  —  Chap.  514. 


The  Following  Appropriations  are  Payable  from  the  Prison  Indus- 
tries Fund: 
Item 

The  following  amounts  appropriated  in  Items 

4511    and   4711    include,    in   each   instance, 

partial  compensation  of  not  more  than  seven 

additional  permanent  emploj'ees  in  industries 

at  the  State  Prison: 

4511  For  salaries  of  persons  employed  in  industries  at 

the   Reformatory    for   Women,    including   not 

more  than  thirteen  permanent  positions         .  $2,034  00 

4711  For  salaries  of  persons  employed  in  industries  at 

the  State  Prison  Colony,  including  not  more 

than  sixteen  permanent  positions  . 


Total 


1,006  00 
$3,040  00 


Metropolitan  District  Commission  Funds. 

Deficiencies. 

For  deficiencies  in   certain   appropriations   of 
previous  years,  in  certain  items,  as  follows: 
For  maintenance  of  parks  reservations,  including 
the  purchase  of  land  and  the  retirement  of  vet- 
erans under  the  provisions  of  the  General  Laws 


$19  44 


General  Fund 

Highway  Fund 

Port  of  Boston  Fund 

Special  Assessment  Funds 

Prison  Industries  Fund   . 

Metropolitan  District  Commission  Funds 


$1,457,045  51 

502,048  46 

8,000  00 

8,210  00 

3,040  00 

19  44 


Section  3.  No  payment  shall  be  made  or  obligation  in- 
curred under  authority  of  any  special  appropriation  made  by 
this  act  for  construction  of  public  buildings  or  other  improve- 
ments at  state  institutions  until  plans  and  specifications  have 
been  approved  by  the  governor,  unless  otherwise  provided 
by  such  rules  and  regulations  as  the  governor  may  make. 

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

Approved  June  11,  194S. 


Chap. 614:  An  Act  relative  to   the   retirement  allowances  of 

CERTAIN    WAR    VETERANS    IN    THE    PUBLIC    SERVICE. 


G.  L.  (Ter. 
Ed.),  32,  §  56, 
amended. 


Retirement  if 
incapacitated. 


Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.  Chapter  thirt3^-two  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  fifty-six,  as  appear- 
ing in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following  section:  —  Section  56.  A  person  who  has 
served  in  the  army,  navy  or  marine  corps  of  the  United  States 
in  the  Spanish  war  or  Philippine  insurrection  between  April 
twenty-first,  eighteen  hundred  and  ninety-eight,  and  July 
fourth,  nineteen  hundred  and  two,  or  in  the  world  war  be- 
tween April  sixth,  nineteen  hundred  and  seventeen,  and  No- 
vember eleventh,  nineteen  hundred  and  eighteen,  and  has 
been  honorably  discharged  from  such  service  or  released 


Acts,  1943.  —  Chap.  514.  669 

from  active  duty  therein,  in  sections  fifty-six  to  sixty,  inclu- 
sive, called  a  veteran,  who  is  in  the  service  of  the  common- 
wealth, or  of  any  county,  city,  town  or  district  thereof,  shall 
be  retired,  with  the  consent  of  the  retiring  authority,  if  in- 
capacitated for  active  service,  at  one  half  of  the  highest  regu- 
lar rate  of  compensation,  including  any  allowance  for  main- 
tenance, payable  to  him  while  he  was  holding  the  grade  held 
by  him  at  his  retirement,  and  payable  from  the  same  source ; 
provided,  that  he  has  been  in  the  said  service  at  least  ten 
years,  has  reached  the  age  of  fifty,  and  has  a  total  income 
from  all  sources,  exclusive  of  such  retirement  allowance  and 
of  any  sum  received  from  the  government  of  the  United 
States  as  a  pension  for  war  service,  not  exceeding  fiye  hun- 
dred dollars. 

Section  2.     Said  chapter  thirty-two  is  hereby  further  g.  l.  (Ter. 
amended  by  striking  out  section  fifty-seven,  as  so  appearing,  amended.  "^ 
and  inserting  in  place  thereof  the  following  section :  —  Sec-  Retirement 
tion  57.    A  veteran  who  has  been  in  the  service  of  the  com-  after  ten 
monwealth,  or  of  any  county,  city,  town  or  district  thereof,  ire,  etc. 
for  a  total  period  of  ten  years,  may,  upon  petition  to  the  re- 
tiring authority,  be  retired,  hi  the  discretion  of  said  author- 
ity, from  active  service,  at  one  half  of  the  highest  regular  rate 
of  compensation,  including  any  allowance  for  maintenance, 
payable  to  him  while  he  was  holding  the  grade  held  by  him 
at  his  retirement,  and  payable  from  the  same  source,  if  he  is 
found  by  said  authority  to  have  become  incapacitated  for 
active  service ;  provided,  that  he  has  a  total  income,  from  all 
sources,  exclusive  of  such  retirement  allowance  and  of  any 
sum  received  from  the  government  of  the  United  States  as  a 
pension  for  war  service,  not  exceeding  five  hundred  dollars. 

Section  3.     Said  chapter  thirty-two  is   hereby  further  g.  l.  (Tor. 
amended  by  striking  out  section  fifty-eight,  as  so  appearing,  amende^d.^  ^^' 
and  inserting  in  place  thereof  the  following  section :  —  Sec-  Retirement 
tion  68.    A  veteran  who  has  been  in  the  service  of  the  com-  after  thirty 
monwealth,  or  of  any  county,  city,  town  or  district,  for  a 
total  period  of  thirty  years,  shall,  at  his  own  request,  with 
the  approval  of  the  retiring  authority,  be  retired  from  active 
service  at  one  half  of  the  highest  regular  rate  of  compensa- 
tion, including  any  maintenance  allowance,  payable  to  him 
while  he  was  holding  the  grade  held  by  him  at  his  retirement, 
and  payable  from  the  same  source. 

Section  4.  This  act  shall  apply  to  the  retirement  allow-  Application 
ances  of  veterans  subject  to  any  provisions  of  sections  fifty-  °^  ^^^' 
six  to  fifty-eight,  inclusive,  of  chapter  thirty-two  of  the  Gen- 
eral Laws,  as  amended  by  sections  one  to  three,  inclusive,  of 
this  act,  retired  since  December  thirty-first,  nineteen  hun- 
dred and  twenty,  and  prior  to  the  effective  date  of  this  act, 
as  well  as  to  those  retired  on  or  after  said  effective  date. 

Approved  June  11,  1943. 


670  Acts,  1943. —  Chap.  515. 


Chap. 515  An  Act  further  amending  the  laws  relative  to  the 

MAYOR    OF    THE    CITY    OF    NORTHAMPTON,    AND    PROVIDING 
FOR   A   UNICAMERAL   CITY'    COUNCIL   IN   SAID    CITY. 

Be  it  enacted,  etc.,  as  folio los: 

Section  1.  The  inhabitants  of  the  city  of  Northampton, 
for  all  the  purposes  for  which  towns  and  cities  are,  by  law, 
incorporated  in  this  commonwealth,  shall  continue  to  be  one 
body  politic,  in  fact  and  in  name,  under  the  style  and  de- 
nomination of  the  city  of  Northampton,  and  as  such  shall 
have,  exercise,  and  enjoy  all  the  rights,  immunities,  powers 
and  privileges,  and  shall  be  subject  to  all  the  duties  and 
obligations,  now  incumbent  upon  and  appertaining  to  said 
city  as  a  municipal  corporation. 

Section  2.  The  administration  of  the  fiscal,  prudential 
and  municipal  affairs  of  said  city,  and  the  government 
thereof,  shall  be  vested  in  an  officer  to  be  called  the  mayor, 
and  a  council  of  eleven  to  be  called  the  city  council,  who 
shall  be  sworn  to  the  faithful  performance  of  their  duties. 
A  majority  of  said  council  shall  constitute  a  quorum  for  the 
transaction  of  business.  The  city  council  may  establish  sal- 
aries for  its  members  not  exceeding  two  hundred  and  fifty 
dollars  each  per  annum.  The  salaries  of  members  of  the 
city  council  shall  not  be  increased  or  diminished  during  the 
term  for  which  such  members  are  elected. 

Section  3.  On  the  first  Tuesday  of  November  in  the  year 
nineteen  hundred  and  forty-five  and  on  the  first  Tuesday  of 
November  of  each  odd  numbered  year  thereafter,  the  quali- 
fied voters  in  the  several  wards  shall  give  their  votes,  by  bal- 
lot, for  mayor,  city  clerk,  city  treasurer,  city  councilors,  su- 
perintendents of  Smith's  Agricultural  School  to  hold  office 
for  the  term  of  two  years  from  the  first  Monday  in  January 
following  and  until  their  successors  are  elected  and  qualified; 
and  an  elector  under  the  Oliver  Smith  will  to  hold  office  for 
the  term  of  two  years  from  the  first  Wednesday  of  May  fol- 
lowing and  until  his  successor  is  elected  and  qualified;  and 
members  of  the  school  committee  if  then  to  be  elected,  trus- 
tees under  the  will  of  Charles  E.  Forbes  if  then  to  be  elected, 
secretary  of  the  trustees  of  Forbes  Library  if  then  to  be 
elected  and  treasurer  of  the  trustees  of  Forbes  Library  if 
then  to  be  elected  for  the  term  of  four  years  from  the  first 
Monday  of  January  following  and  until  their  successors  are 
elected  and  qualified.  All  the  votes  so  given  shall  be  as- 
sorted, counted,  declared  and  recorded  in  open  ward  meet- 
ing, by  causing  the  names  of  the  persons  voted  for  and  the 
number  of  votes  given  for  each  to  be  written  in  the  ward 
record  at  length.  The  clerk  of  the  ward,  within  twenty-four 
hours  thereafter,  shall  deliver  to  the  city  clerk  a  copy  of  the 
record  of  such  election,  certified  by  the  warden  and  clerk 
and  a  majority  of  the  inspectors.  The  city  council  shall, 
within  ten  days  thereafter,  examine  the  copies  of  the  records 


Acts,  1943.  —  Chap.  515.  671 

of  the  several  wards,  certified  as  aforesaid,  and  shall  cause 
the  person  who  shall  have  been  elected  mayor  to  be  notified 
in  writing  of  his  election;  but  if  no  person  is  elected,  or  if 
the  person  elected  shall  refuse  to  accept  the  office,  the  city- 
council  shall  issue  warrants  for  a  new  election,  and  the  same 
proceedings  shall  be  had  in  all  respects  as  are  hereinbefore 
provided  for  the  election  of  ma3^or,  and  from  time  to  time 
shall  be  repeated  until  a  mayor  shall  be  elected  and  shall 
accept  said  office.  Each  city  councilor  shall  be  notified  in 
writing  of  his  election  by  the  city  clerk.  The  oath  prescribed 
by  this  act  shall  be  administered  to  the  mayor  b}^  the  city 
clerk  or  by  any  justice  of  the  peace.  The  city  council-elect 
shall  meet  on  the  first  Monday  of  January  of  each  even 
numbered  year,  at  ten  o'clock  in  the  forenoon,  when  the  oath 
required  by  this  act  shall  be  administered  to  the  members 
present,  by  the  mayor  or  city  clerk,  or  by  any  justice  of  the 
peace;  and,  a  certificate  of  such  oath  having  been  taken, 
shall  be  entered  upon  the  journal  of  the  city  council  by  its 
clerk.  After  the  oath  has  been  administered  as  aforesaid, 
the  city  council  shall  be  organized  by  the  election  of  one  of 
its  own  members  as  president,  to  hold  office  during  that  and 
the  subsequent  municipal  year.  In  case  of  the  absence  of 
the  mayor-elect  on  said  first  Monday  of  January,  or  if  a 
mayor  shall  not  then  have  been  elected,  the  city  council  shall 
organize  itself  in  the  manner  hereinbefore  provided,  and  may 
proceed  to  business  in  the  same  manner  as  if  the  mayor  were 
present;  and  the  oath  of  office  may  at  any  time  thereafter 
be  administered  to  the  mayor,  and  any  member  of  the  city 
council  w^ho  may  have  been  absent  at  the  organization.  The 
city  council  shall  keep  a  record  of  its  proceedings  and  shall 
judge  of  the  elections  of  its  members. 

Section  4.  Except  as  otherwise  provided  herein,  any  va- 
cancy in  the  aforementioned  offices  may  be  filled  by  a  major- 
ity vote  of  the  city  council  and  the  person  or  persons  so 
chosen  shall  hold  office  until  the  next  succeeding  municipal 
election. 

Section  5.  The  mayor  shall  be  the  chief  executive  officer 
of  the  city.  He  shall  cause  the  laws  and  regulations  of  the 
city  to  be  enforced  and  keep  a  general  supervision  over  the 
conduct  of  all  subordinate  officers;  and  he  may,  for  a  period 
not  exceeding  seven  days,  suspend  and,  with  the  consent  of 
the  city  council,  for  cause  remove  any  officer  over  whose  ap- 
pointment he,  or  his  predecessor,  has,  in  accordance  with  the 
provisions  of  this  charter,  exercised  the  power  of  nomination. 
He  may  call  special  meetings  of  the  city  council  when  in  his 
opinion  the  interests  of  the  city  require  it,  by  causing  notice 
to  be  left  at  the  usual  place  of  residence  of  each  member 
thereof.  He  may,  from  time  to  time,  communicate  to  the 
city  council  such  information,  and  recommend  such  measures, 
as  the  business  and  interests  of  the  city  may  in  his  opinion 
require.  He  shall  at  all  times  have  the  control  and  direction 
of  the  police  force,  subject  only  to  the  ordinances  of  the  city. 


672  Acts,  1943. —  Chap.  515. 

He  shall  receive  such  salary,  not  exceeding  three  thousand 
dollars  per  annum,  as  the  city  council  shall  from  time  to  time 
by  ordinance  determine.  The  salary  shall  be  payable  at 
stated  periods,  but  shall  not  be  increased  or  diminished  dur- 
ing the  term,  or  during  the  unexpired  balance  of  term,  as  the 
case  may  be,  for  which  he  is  elected. 

Section  6.  The  mayor,  subject  to  confirmation  by  the 
city  council,  shall  have  full  power  to  appoint  a  chief  of  police 
and  all  other  police  officers  under  the  provisions  of  chapter 
thirty-one  of  the  General  Laws;  and  shall,  subject  to  con- 
firmation by  the  city  council,  appoint  all  constables  and  other 
subordinate  officers  whose  election  or  appointment  is  not 
otherwise  provided  for.  The  compensation  of  the  police  and 
other  subordinate  officers  shall  be  fixed  by  vote  of  the  city 
council. 

Section  7.  There  shall  be  a  city  solicitor  of  the  city,  who 
shall  be  appointed  by  the  mayor,  without  confirmation  by 
the  city  council,  during  the  month  of  January  following  his 
election,  or  whenever  a  vacancy  in  the  office  of  city  solicitor 
shall  occur  and  who  may  be  removed  at  any  time  by  the 
mayor  in  like  manner.  The  city  solicitor  shall  assume  the 
duties  of  his  office  on  the  day  following  his  appointment  and 
shall  serve  until  the  day  following  the  appointment  of  his 
successor. 

Section  8.  The  city  council  shall  consist  of  eleven  mem- 
bers, four  of  whom  shall  be  elected  at  large  in  the  city  and 
one  by  and  from  the  qualified  voters  of  each  ward  of  said 
city,  to  serve  for  two  years  from  the  first  Monday  in  January 
following  their  election  and  until  their  respective  successors 
are  qualified.  They  shall  be  called  city  councilors.  Said  city 
council  shall  be  the  sole  judge  of  the  election  and  qualifica- 
tion of  its  members ;  shall  elect  from  its  members,  by  vote  of 
a  majority  of  all  the  members,  a  president,  who,  when  pres- 
ent, shall  preside  at  the  meetings;  and  shall  from  time  to 
time  establish  rules  for  its  proceedings.  In  the  event  of  a  tie 
vote  in  an  election,  affecting  membership  in  the  city  council, 
the  remaining  members  shall,  by  vote,  determine  which  can- 
didate for  election  to  admit  to  their  membership.  The  several 
city  councilors  shall  be  sworn  to  the  faithful  discharge  of 
their  duties.  Any  vacancy  in  the  city  council  may  be  filled 
by  a  majority  vote  of  the  remaining  members  of  the  city 
council.  The  city  councilor  so  chosen  shall  be  an  enrolled 
member  of  the  same  political  or  municipal  party  as  his  pred- 
ecessor, and,  if  such  predecessor  was  elected  by  and  from 
the  qualified  voters  of  a  ward,  the  city  councilor  chosen  as 
aforesaid  shall  be  a  qualified  voter  and  resident  of  that  ward; 
otherwise,  he  shall  be  a  qualified  voter  and  resident  of  said 
city.  Each  city  councilor  elected  or  chosen  as  aforesaid  shall, 
unless  sooner  removed,  hold  office  until  the  qualification  of 
his  successor.    All  sessions  of  the  city  council  shall  be  public. 

Section  9.  During  the  absence  of  the  mayor,  or  his  in- 
ability to  perform  the  duties  of  his  office,  the  president  of  the 
city  council  shall  perform  them,  or,  if  the  president  of  the 


Acts,  1943. —  Chap.  515.  •        673 

city  council  is  absent  or  unable  from  any  cause  to  perform  such 
duties,  they  shall  be  performed  by  such  councilor  as  the  city 
council  may  from  time  to  time  designate,  until  the  mayor  or  the 
president  of  the  city  council  is  able  to  attend  to  said  duties 
or  until  the  vacancy  is  filled  as  hereinafter  provided.  The 
person  upon  whom  such  duties  devolve  shall  be  called  "act- 
ing mayor",  shall  possess  the  powers  of  mayor  only  in  mat- 
ters not  admitting  of  delay,  and  shall  not  make  permanent 
appointments. 

Section  10.  If  a  vacancy  occurs  in  the  office  of  mayor, 
whether  by  death,  resignation  or  otherwise,  the  city  council 
shall  by  vote  so  declare,  stating  therein  the  cause  of  such 
vacancy.  If,  at  the  time  such  vacancy  occurs,  the  term  of 
said  office  will  not  expire  for  more  than  one  year,  the  city 
council  shall  forthwith  order  an  election,  by  the  qualified 
voters  of  said  city,  of  a  mayor  to  serve  during  the  balance  of 
said  unexpired  term.  If,  at  the  time  such  vacancy  occurs, 
the  term  of  said  office  will  expire  within  a  shorter  period,  the 
president  of  the  city  council  shall  be  the  mayor  of  said  city 
for  the  balance  of  such  unexpired  term.  The  person  holding 
the  office  of  mayor  for  the  balance  of  such  unexpired  term 
shall  have  all  the  powers  and  privileges  conferred,  and  be 
subject  to  all  the  duties  and  obligations  imposed,  by  law  upon 
the  mayor  of  said  city. 

Section  11.  The  city  council  shall  have  the  care  and 
superintendence  of  the  city  buildings  and  the  custody  and 
management  of  all  city  propert}^,  with  power  to  let  what  may 
be  legally  let,  and  to  sell,  purchase,  or  hire  propertj^,  real  or 
personal,  in  the  name  and  for  the  use  of  the  city,  whenever 
the  interests  or  convenience  of  the  city  may  in  their  judg- 
ment require  it;  and  they  shall,  as  often  as  once  a  j^ear,  cause 
to  be  published  for  the  use  of  the  inhabitants,  a  particular 
account  of  receipts  and  expenditures,  and  a  schedule  of  city 
property  and  of  the  city  debt. 

Section  12.  The  city  council  elected  in  accordance  with 
this  act,  and  their  successors,  shall  thereafter  have  all  the 
powers  and  privileges  conferred,  and  be  subject  to  all  the 
duties  and  obligations  imposed,  by  law  upon  the  city  council, 
board  of  aldermen  and  common  council,  or  any  of  them,  of 
said  city,  as  existing  immediately  prior  to  the  effective  date 
of  this  act,  except  as  herein  otherwise  provided. 

Section  13.  No  member  of  the  city  council  shall  be  eligible 
during  the  term  for  which  he  is  elected,  by  appointment  or 
election,  to  any  office,  the  salary  of  which  is  payable  out  of 
the  city  treasury. 

Section  14.  The  city  council  shall,  as  soon  after  its  organi- 
zation as  may  be  convenient,  elect  bj^  ballot  a  collector  of 
taxes,  a  city  physician  and  a  city  auditor,  who  shall  be  legal 
voters  of  said  city  and  shall  hold  their  respective  offices  for 
the  terms  of  two  years  from  the  first  Monday  of  March  then 
next  ensuing  and  until  the  election  of  their  respective  suc- 
cessors, provided,  that  any  of  such  officers  may  be  removed 
for  cause  at  any  time  by  the  city  council.    Vacancies  occur- 


674  Acts,  1943.  —  Chap.  515. 

ring  in  any  of  the  above  named  offices  may  be  filled  by  vote 
of  the  city  council  at  any  time.  Compensation  of  the  officers 
above  referred  to  shall  be  fixed  from  time  to  time  by  vote  of 
the  city  council. 

Section  15.  The  city  council  shall  elect  by  ballot  all 
other  officers  whose  appointment  or  election  is  not  herein 
provided  for. 

Section  16.  Every  ordinance,  order,  resolution  or  vote 
of  the  city  council  involving  expenditure  of  money,  shall  be 
presented  to  the  mayor.  If  he  approves  thereof  he  shall  sig- 
nify his  approval  by  signing  the  same,  but  if  he  does  not 
approve  thereof  he  shall  return  the  ordinance,  order,  reso- 
lution or  vote  with  his  objections  thereto  in  writing,  to  the 
city  council,  which  shall  enter  the  objections  of  the  mayor 
at  large  on  its  records,  and  shall  proceed  to  reconsider  such 
ordinance,  order,  resolution  or  vote;  and  if  after  such  recon- 
sideration two  thirds  of  the  members  present  and  voting 
agree  to  pass  such  ordinance,  resolution  or  vote,  notwith- 
standing such  objections,  it  shall  be  in  force  but  in  all  such 
cases  the  vote  shall  be  determined  by  yeas  and  nays;  and 
if  such  ordinance,  order,  resolution  or  vote  is  not  returned 
by  the  mayor  within  ten  days  after  presented  to  him,  the 
same  shall  be  in  force;  provided,  that  if  any  ordinance,  order, 
resolution  or  vote  embraces  distinct  subjects  the  mayor  may 
approve  the  provisions  relating  to  one  or  more  of  the  subjects 
and  not  approve  of  the  other  provisions,  and  so  much  of  the 
same  as  the  mayor  may  not  approve  of  shall  be  reconsidered 
as  above  provided. 

Section  17.  Until  a  redivision  of  the  wards  of  said  city, 
as  provided  by  law,  the  territory  of  said  city  shall  continue 
to  be  divided  into  seven  wards,  so  that  the  wards  will  con- 
tain, as  nearly  as  may  be  consistent  with  well-defined  limits, 
an  equal  number  of  voters;  and  such  wards  shall  be  desig- 
nated by  numbers;  but  the  number  of  wards  shall  never  be 
less  than  seven. 

Section  18.  The  city  clerk  shall  be  clerk  of  the  city  coun- 
cil and  shall  be  sworn  to  the  faithful  performance  of  his  duties 
as  such.  He  shall  perform  such  duties  as  shall  be  prescribed 
by  the  city  council  and  in  addition  shall  perform  all  the  du- 
ties and  exercise  all  the  powers  incumbent  upon  him  by  law. 
Upon  the  qualification  of  his  successor  in  office  he  shall  deliver 
to  such  successor  all  the  records,  journals,  documents,  papers 
and  property  held  by  him  in  his  capacity  as  clerk  of  the  city 
council.  In  case  of  the  temporary  absence  or  disability  of  the 
city  clerk  the  mayor,  with  the  advice  and  consent  of  the  city 
council,  shall  appoint  a  clerk  of  the  city  council  pro  tempore. 

Section  19.  The  fire  department  for  said  city  shall  con- 
sist of  a  chief  engineer,  and  of  as  many  assistant  engineers, 
engine  men,  hose  men,  hook  and  ladder  men,  and  assistants, 
as  the  said  city  council,  by  ordinance,  shall  from  time  to 
time  prescribe;  and  the  city  council  shall  have  authority  to 
define  their  offices  and  duties,  and  in  general  to  make  such 
regulations  concerning  the  pay,  conduct,  and  government  of 


Acts,  1943.  — Chap.  515.  675 

such  department,  and  the  conduct  of  persons  attending  fires, 
as  they  may  deem  expedient,  and  may  affix  such  penalties 
for  any  violation  of  such  regulations  as  are  provided  for  the 
breach  of  the  ordinances  of  said  city.  The  appointment  of 
all  the  officers  and  members  of  such  department  shall  be 
vested  in  the  mayor  and  city  council  exclusively,  who  shall 
also  have  the  authority  to  remove  from  office  any  officer  or 
member,  for  cause  at  their  discretion.  The  engineers  so 
appointed  shall  be  the  fire-wards  of  the  city,  but  the  mayor 
and  city  council  may  appoint  additional  fire-wards.  The 
compensation  of  the  members  of  the  fire  department  shall 
be  fixed  by  vote  of  the  city  council. 

Section  20.  All  acts  and  parts  of  acts  affecting  said  city, 
so  far  as  inconsistent  with  this  act,  are  hereby  repealed;  all 
ordinances  and  parts  of  ordinances  of  said  city,  so  far  as 
inconsistent  with  this  act,  are  hereby  annulled;  and  all  acts 
and  parts  of  acts  affecting  said  city,  and  all  ordinances  and 
parts  of  ordinances  of  said  city,  not  inconsistent  with  this  act, 
are  continued  in  force. 

Section  21.  There  is  hereby  established  in  said  city  a 
department  to  be  known  as  the  department  of  engineering. 
Said  department  shall  be  under  the  control  of  an  officer  to 
be  known  as  the  city  engineer,  who  shall  be  a  competent 
civil  engineer,  and  whose  office  shall  be  subject  to  chapter 
thirty-one  of  the  General  Laws  and  the  rules  and  regulations 
thereunder;  provided,  that  the  city  engineer  in  office  upon 
the  effective  date  of  this  act  shall  continue  to  hold  this  posi- 
tion without  passing  any  examination  and  shall  be  the  first 
appointee  hereunder.  Said  city  engineer  shall  perform  such 
duties  for  the  city  as  may  be  required  of  him  by  the  mayor 
and  city  council,  and  may  employ  such  assistants  as  may  be 
necessary,  and  may  discharge  them  for  cause. 

Section  22.  In  the  month  of  February  following  the  ac- 
ceptance of  this  act  there  shall  be  established  in  said  city  a 
board  of  water  commissioners,  a  board  of  sewer  commission- 
ers, a  board  of  cemetery  commissioners,  a  board  of  health, 
a  board  of  welfare  commissioners,  and  a  board  of  assessors. 
Each  of  said  boards  shall  consist  of  three  persons,  registered 
voters  of  said  city,  who  shall  be  appointed  as  follows:  —  The 
mayor  shall  appoint,  subject  to  confirmation  by  the  city 
council,  to  each  of  said  boards  one  person  to  serve  for  the 
term  of  one  year,  one  to  serve  for  the  term  of  two  years  and 
one  to  serve  for  the  term  of  three  years,  from  the  first  Mon- 
day of  March  next  following  their  appointment;  and  there- 
after, in  the  month  of  February  of  each  year,  the  mayor 
shall  appoint,  subject  to  such  confirmation,  one  person  to 
each  of  said  boards  for  the  term  of  three  years  from  the  first 
Monday  of  March  then  next  following.  A  vacancy  in  any 
such  board  may  be  filled  at  any  time  for  the  balance  of  the 
unexpired  term  by  appointment  of  the  mayor,  subject  to  con- 
firmation of  the  city  council.  No  member  of  any  such  board 
shall  be  eligible  to  election  or  appointment  to  any  paid  posi- 
tion within  the  gift  of  the  board  during  his  term  of  office  or 


676  Acts,  1943. —  Chap.  516. 

for  one  year  thereafter.  One  member  of  each  such  board 
shall  be  a  member  of  one  of  the  two  leading  political  parties 
and  one  shall  be  a  member  of  the  other  of  such  parties.  The 
third  member  may  be  appointed  from  either  of  such  parties. 
Section  23.  This  act  shall  be  submitted  for  acceptance 
to  the  qualified  voters  of  the  city  of  Northampton  at  the 
biennial  municipal  election  in  the  current  year  in  the  form 
of  the  following  question,  which  shall  be  placed  upon  the 
official  ballot  to  be  used  in  said  city  at  said  election:  — 
"Shall  an  act  of  the  General  Court  passed  in  the  current 
year,  entitled  '  An  Act  further  amending  the  laws  relative  to 
the  mayor  of  the  city  of  Northampton,  and  providing  for  a 
unicameral  city  council  in  said  city',  be  accepted?"  If  a 
majority  of  the  voters  voting  thereon  vote  in  the  affirmative 
in  answer  to  said  question,  then  this  act  shall  take  full  effect 
for  the  nomination  and  election  of  municipal  oflacers  in  said 
city  in  the  year  nineteen  hundred  and  forty-five,  and  for  all 
other  purposes  it  shall  take  full  effect  upon  the  organization 
of  the  city  government  on  the  first  week  day  following  Janu- 
ary first,  nineteen  hundred  and  forty-four. 

Approved  June  11,  1943. 


Chav  516  An  Act  enabling  certain  officials  and  employees  of 

•  the  city  of  boston  and  the  county  of  SUFFOLK  TO 

PARTICIPATE  in  THE  BENEFITS  OF  AN  EMERGENCY  COM- 
PENSATION ALLOTMENT  PLAN,  SO  CALLED. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  During  the  fiscal  year  of  the  city  of  Boston 
beginning  January  first,  nineteen  hundred  and  forty-three, 
and  ending  December  thirty-first,  nineteen  hundred  and 
forty-three,  an  emergency  compensation  allotment  of  two 
hundred  dollars  per  annum  may  be  allowed  and  paid  from 
the  treasury  of  said  city  to  any  official  or  employee  of  the 
city  of  Boston  or  of  the  county  of -Suffolk  whose  salary  is 
paid  in  whole  or  in  part  from  the  treasury  of  said  city,  not- 
withstanding any  provisions  of  general  or  special  law  which 
determine  or  lunit  the  salary  of  such  official  or  employee. 

Section  2.  The  mayor  of  said  city  may  by  executive 
order  continue  in  full  force  and  effect  the  provisions  of  sec- 
tion one  for  the  fiscal  year  of  the  city  of  Boston  beginning 
January  first,  nineteen  hundred  and  forty-four  and  ending 
December  thirty-first,  nineteen  hundred  and  forty-four;  pro- 
vided, that,  if  said  mayor  shall  modify  the  amount  of  emer- 
gency compensation  allotment  paid  during  said  last  men- 
tioned period  to  those  officials  and  employees  of  the  city 
of  Boston  or  the  county  of  Suffolk  whose  salaries  are  not 
determined  or  Hmited  by  any  provision  of  general  or  special 
law,  then  an  equal  amount  shall  be  allowed  and  paid  to  every 
official  or  employee  of  the  city  of  Boston  or  the  county  of 
Suffolk  described  in  section  one. 


Acts,  1943. —  Chap.  517.  677 

Section  2A.  The  words  "official  or  employee  of  the  city 
of  Boston  or  of  the  county  of  Suffolk"  shall  include  every 
person  whose  salary  is  paid  in  whole  or  in  part  from  the 
treasury  of  the  city  of  Boston. 

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

Approved  June  11,  1943. 


An    Act    authorizing    the    emergency    public    works  Chav. 517 

COMMISSION  to  prepare  A  POST-WAR  PROGRAM  OF  PUB- 
LIC WORKS,  MAKING  THE  CHAIRMAN  OF  THE  STATE  PLAN- 
NING BOARD  A  MEMBER  THEREOF,  AND  EXTENDING  THE 
LIFE   OF  SAID   COMMISSION. 

Whereas,  The  deferred  operation  of  this  act  would,  in  part,  Emergency 


defeat  its  purpose,  which  is  to  prepare  with  the  utmost  ex- 
pedition a  program  of  post-war  public  works  which  may  be 
undertaken  by  the  commonwealth,  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.  The  emergency  public  works  commission,  es- 
tablished by  section  one  of  chapter  three  hundred  and  sixty- 
five  of  the  acts  of  nineteen  hundred  and  thirty-three,  is 
hereby  authorized  and  directed  to  prepare  a  program  of  post- 
war public  works  which  may  be  undertaken  by  the  common- 
wealth, and  to  submit  such  program  to  the  governor.  In  the 
preparation  of  the  program  said  commission  shall  give  due 
consideration  to  war  and  post-war  conditions,  and  the  pro- 
gram shall  include  provisions  deemed  desirable  for  the  prepa- 
ration, during  the  continuance  of  the  war,  of  plans,  surveys 
and  other  information  needed  to  permit  prompt,  effective 
and  economical  action  in  the  period  immediately  following 
the  termination  of  the  existing  states  of  war  between  the 
United  States  and  certain  foreign  countries.  Said  commis- 
sion shall  prepare  and  maintain  current  progress  information 
on  the  design  of  post-war  projects  by  municipalities  of  the 
commonwealth,  and  maintain  liaison  with  federal  officials  and 
agencies  concerned  with  post-war  planning. 

Section  2.  Said  commission,  with  the  approval  of  the 
governor,  may  accept  on  behalf  of  the  commonwealth  any 
federal  funds  or  federal  assistance,  or  both,  for  financing  the 
cost  of  such  plans  and  specifications  as  the  commission  may 
deem  necessary  in  order  to  prepare  a  program  of  post-war 
projects  which  may  readily  be  undertaken  when  funds  are 
made  available  for  the  construction  thereof,  and  for  such 
plans  and  specifications  may  expend,  under  the  provisions  of 
said  chapter  three  hundred  and  sixty-five,  and  acts  in  amend- 
ment thereof  and  in  addition  thereto,  any  unexpended  bal- 
ance of  state  or  federal  funds  made  available  by  or  under  the 
provisions  of  said  act  and  amendments  thereof  or  additions 
thereto.    In  carrying  out  the  provisions  of  this  act,  said  com- 


preaml)le. 


678 


Acts,  1943.  —  Chaps.  518,  519. 


mission  shall  have  all  the  powers  and  duties  hitherto  conferred 
and  imposed  upon  it  by  said  chapter  three  hundred  and  sixty- 
five,  and  acts  in  amendment  thereof  and  in  addition  thereto. 
Said  commission  may  request  and  shall  receive  from  the  sev- 
eral officers,  departments,  boards  and  commissions  of  the 
commonwealth  such  assistance  as  it  may  require  for  the  ade- 
quate preparation  of  the  aforesaid  post-war  program  of  pub- 
lic works.  For  the  purposes  of  this  act  only,  the  commission 
shall  also  include  in  its  membership  the  chairman  of  the  state 
planning  board,  ex  officio. 

Section  3.  The  existence  of  said  emergency  public  works 
commission,  as  heretofore  extended,  is  herebj''  further  ex- 
tended to  December  thirty-first,  nineteen  hundred  and  forty- 
seven. 

Section  4.  If  the  chairman  of  the  commission  on  adminis- 
tration and  finance  is  unable  by  reason  of  absence  or  dis- 
ability to  perform  his  duties  as  a  member,  ex  officio,  of  said 
emergency  public  works  commission  in  carrying  out  the  pro- 
visions of  this  act,  the  governor  may  designate  a  person  who 
shall  perform  such  duties  in  case  of  and  during  such  absence 
or  disability.  ^     Approved  June  11,  1943. 


§25, 


Chap. 518  ^'^   -^CT  INCREASING  THE  PENALTY  FOR  LARCENY  FROM  THE 

PERSON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty-five  of  chapter  two  hundred 
and  sixty-six  of  the  General  Laws,  as  appearing  in  the  Ter- 
centenary Edition,  is  hereby  amended  by  inserting  after  the 
word  "two"  in  the  third  line  the  words:  —  and  one  half,  — 
so  as  to  read  as  follows :  —  Section  25.  Whoever  commits 
larceny  by  stealing  from  the  person  of  another  shall  be  pun- 
ished by  imprisonment  in  the  state  prison  for  not  more  than 
five  years  or  in  jail  for  not  more  than  two  and  one  half  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 twenty-five,  as  in  effect  immediately  preceding  said  date, 
shall  continue  to  apply  in  the  case  of  crimes  committed  prior 
thereto.  Approved  June  11,  1943. 


G.  L.  (Ter 

E'!.),266 

amended 


Larceny. 
Penalty. 


EPfective 
date. 


Chav. 519  ^N  ■^^'^  providing  for  the  equitable  apportionment 
in  certain  cases  of  estate  taxes  and  the  collec- 
tion   AND    payment    thereof. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  sixty-five  A  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  five,  as  appearing  in 
the  Tercentenary  Edition,  and  inserting  in  place  thereof  the 
three  following  sections :  —  Section  5.  Whenever  it  appears 
upon  anj^  accounting,  or  in  any  appropriate  action  or  pro- 
ceeding, that  an  executor,  administrator,  trustee  or  other 


G.  L.  (Ter. 
Ed.),  65A,  §  5, 
amended,  new 
§§  oA  and  oB, 
added. 
Reimburse- 
ment, etc., 
to  certain 
persons 
paying  tax. 


Acts,  1943.  —  Chap.  519.  679 

person  acting  in  a  fiduciary  capacity,  has  paid  or  may  be  re- 
quired to  pay  an  estate  tax  levied  or  assessed  under  the  pro- 
visions of  this  chapter,  or  under  the  provisions  of  any  estate 
tax  law  of  the  United  States  heretofore  or  hereafter  enacted, 
upon  or  with  respect  to  any  property  required  to  be  included 
in  the  gross  estate  of  a  decedent  under  the  provisions  of  any 
such  law,  the  amount  of  the  tax  so  paid  or  payable,  except  as 
otherwise  directed  or  provided  in  the  decedent's  will,  and, 
where  all  or  part  of  a  fund  created  by  written  instrument 
executed  inter  vivos  is  included  in  the  gross  estate,  except  as 
otherwise  provided  in  such  written  instrument,  or  amend- 
ment thereof,  shall  be  equitably  apportioned  and  prorated 
among  the  persons  interested  in  the  estate.  Such  apportion- 
ment and  proration  shall  be  made  in  the  proportion  as  near 
as  may  be  that  the  value  of  the  property,  interest  or  benefit 
of  each  such  person  bears  to  the  total  value  of  the  property, 
interests  and  benefits  received  by  all  such  persons  interested 
in  the  estate;  provided,  that  it  shall  accord  with  applicable 
estate  tax  laws  of  the  United  States  where  such  laws  specify 
with  respect  to  an  apportionment.  In  making  such  appor- 
tionment and  proration  allowance  shall  be  made  for  any  ex- 
emptions granted  by  the  act  imposing  the  tax,  and  for  any 
deductions  allowed  by  such  act  for  the  purpose  of  arriving  at 
the  value  of  the  net  estate;  and  in  cases  where  a  trust  is 
created  or  other  provision  made  whereby  an}'-  person  is  given 
an  interest  in  income  or  an  estate  for  years,  or  for  life,  or 
other  temporary  interest  in  any  property  or  fund,  the  tax  on 
both  such  temporary  interest  and  on  the  remainder  thereafter 
shall  be  charged  against  and  be  paid  out  of  the  corpus  of  such 
property  or  fund  without  apportionment  between  remainders 
and  temporary  estates.  For  the  purposes  of  this  section  and 
sections  five  A  and  five  B,  the  term  "persons  interested  in  the 
estate"  shall,  with  respect  to  both  state  and  federal  taxes, 
include  all  persons  Who  may  be  entitled  to  receive  or  who 
have  received  any  property  or  interest  which  is  so  required 
to  be  included  in  the  gross  estate  of  a  decedent,  or  any  bene- 
fit whatsoever  with  respect  to  any  such  property  or  interest, 
whether  under  a  will  or  intestacy,  or  by  reason  of  any  trans- 
fer, trust,  estate,  interest,  right,  power,  relinquishment  of 
power,  or  otherwise,  taxable  under  any  of  the  aforementioned 
laws  but  shall  not  include  any  bank,  trust  company  or  other 
banking  institution  in  so  far  as  it  is  the  depository  of  any 
account  standing  in  the  joint  names  of  the  decedent  and  any 
other  person. 

Section  5 A.  In  all  cases  in  which  any  property  required  ^rovonionLe 
to  be  included  in  the  gross  estate  referred  to  in  section  five  part  of  tax. 
does  not  come  into  the  possession  of  the  executor  or  adminis- 
trator as  such,  he  shall,  in  the  case  of  a  trust  involving  tem- 
porary interests  as  described  in  section  five,  be  entitled  to 
recover  from  the  fiduciary  in  possession  of  the  corpus  of  such 
trust,  and  in  all  other  cases  from  the  persons  interested  in 
the  estate  the  proportionate  amount  of  such  tax  payable  by 
such  fiduciary  or  persons  with  which  they  are  chargeable 


680 


Acts,  1943.  —  Chap.  520. 


Jurisdiction 
of  probate 
court. 


Application  of 
act  limited. 


under  the  provisions  of  section  five;  provided,  that  no  such 
tax  or  any  part  thereof  shall  be  recovered  from  any  company 
issuing  (1)  any  policy  of  insurance,  annuity  or  endowment 
contract  on  the  life  of  or  insuring  the  decedent,  including 
accident  and  health  policies,  or  (2)  any  such  policy  or  con- 
tract insuring  the  decedent  and  one  or  more  other  persons 
jointly,  or  (3)  any  such  policy  or  contract  on  the  life  of  or  in- 
suring one  or  more  persons  other  than  the  decedent  in  which 
the  decedent  owned  any  interest  at  the  time  of  his  death. 
Any  person  who  shall  have  paid  more  than  the  proportionate 
amount  of  the  tax  apportionable  to  him  under  said  section 
five  on  any  property  or  interest  passing  to  him,  or  in  his  pos- 
session, shall  be  entitled  to  a  just  and  equitable  contribution 
from  those  who  shall  not  have  paid  the  full  amount  of  the 
tax  apportionable  to  them  respectively. 

Section  6B.  The  probate  court  having  jurisdiction  of  the 
estate  of  a  decedent,  or  of  any  trust  or  person  affected  by 
sections  five  and  five  A,  and  by  this  section,  or  any  of  them, 
shall  have  jurisdiction  to  hear  and  determine  all  questions 
arising  under  said  sections,  and  to  make  apportionments  and 
prorations,  determine  the  amounts  thereof  and  of  reimburse- 
ments, contributions  and  other  payments  therein  provided 
for,  and  by  order  or  decree  to  direct  the  making  of  any  such 
payments,  and  issue  execution  therefor,  and  to  make  such 
other  determinations,  orders  and  decrees  as  may  be  required 
under  said  sections,  subject  to  appeal  as  in  other  cases. 

Section  2.  This  act  shall  not  apply  to  amounts  paid  as 
estate  taxes  nor  to  distributions  made  bj'-  an  administrator, 
executor  or  trustee  before  the  date  on  which  the  act  becomes 
effective.  Approved  June  11,  1943. 


Chap. 520  An    Act   authorizing    certain    promotions    from    the 

LABOR  SERVICE  TO  THE  OFFICIAL  SERVICE  OF  A  DEPART- 
MENT, board  OR  COMMISSION  UNDER  THE  CIVIL  SERVICE 
LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  thirty-one  of  the  General  Laws  is  hereby  amended 
by  inserting  before  section  sixteen,  as  appearing  in  the  Ter- 
centenary Edition,  the  following  section :  —  Section  15B.  An 
appointing  official,  with  the  approval  of  the  director,  may 
promote  to  the  lowest  grade  in  the  official  service  of  a  de- 
partment, board  or  commission  employees  in  the  labor  serv- 
ice of  the  same  department,  board  or  commission  who  pass  a 
competitive  promotional  examination  open  to  all  the  em- 
ployees in  said  labor  service  of  said  department,  board  or 
commission.  Approved  June  11,  1943. 


G.  L.  (Tcr. 
Kd.),  31, 
now  §  loB, 
added. 

Promotion  of 
employees  in 
labor  service. 


Acts,  1943. —  Chaps.  521,  b'l'l.  681 


An  Act  relative  to  abatements  in  connection  with  Chap. 521 

CERTAIN   EXCISES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  twenty-seven  of  chapter  fifty-eight  EjVssl^y 
of  the  General  Laws,  as  appearing  in  the  Tercentenary  Edi-  amended. 
tion,  is  hereby  amended  by  striking  out  the  first  sentence 
and  inserting  in  place  thereof  the  following  sentence :  —  If  it  statement 
shall  appear  that  an  income  tax,  a  legacy  and  succession  tax,  abatemen't. 
or  a  tax  or  excise  upon  a  corporation,  foreign  or  domestic,  or 
an  excise  upon  the  sale  of  gasoline,  or  an  excise  on  alcoholic 
beverages  or  alcohol,  or  an  excise  upon  charges  for  meals 
was  in  whole  or  in  part  illegally  assessed  or  levied,  or  was 
excessive  or  unwarranted,  the  commissioner  may,  with  the 
approval  of  the  attorney  general,  issue  a  certificate  that  the 
party  aggrieved  by  such  tax  or  excise  is  entitled  to  an  abate- 
ment, stating  the  amount  thereof. 

Section  2.     Section  six  of  chapter  sixty-four  B  of  the  g.  l.  (Ter. 
General  Laws,  inserted  by  section  seventeen  of  chapter  seven  f  e'^'ett^f ' 
hundred  and  twenty-nine  of  the  acts  of  nineteen  hundred  amended, 
and  forty-one,  is  hereby  amended  by  adding  at  the  end  the 
following  paragraph :  — 

The  commissioner  may  allow  to  the  taxpayer  an  amount,  Abatement 
which  may  be  paid  without  any  appropriation,  in  the  form  bad'^dlbt",°etc. 
of  abatement  by  reason  of  bad  debts  and  such  other  causes 
as  the  commissioner  may  deem  sufficient. 

Approved  June  11,  1943. 


An  Act  changing  the  term  of  office  of  the  superin-  Chap. 522 

TENDENT   of   streets   in    the    city    of   TAUNTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  the  year  nineteen  hundred  and  forty-six 
and  in  every  third  year  thereafter,  the  municipal  council  of 
the  city  of  Taunton  shall,  during  the  month  of  January,  elect 
a  superintendent  of  streets  to  serve  for  three  years.  Any 
vacancy  in  said  office  shall  be  filled  by  the  municipal  council 
for  the  unexpired  term.  The  superintendent  of  streets  elected 
on  January  fifth,  nineteen  hundred  and  forty-three,  for  the 
term  of  one  year  shall  continue  to  serve  until  the  qualifica- 
tion of  his  successor  who  shall  be  elected  in  the  year  nine- 
teen hundred  and  forty-six  as  herein  provided. 

Section  2.  So  much  of  the  provisions  of  chapter  two  hun- 
dred and  eleven  of  the  acts  of  eighteen  hundred  and  eighty- 
two,  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  qualified  voters  of  the  city  of  Taunton  at  the  biennial 
municipal  election  in  the  current  year  in  the  form  of  the  fol- 
lowing question,  which  shall  be  placed  upon  the  official  ballot 
to  be  used  in  said  city  at  said  election:  "Shall  an  act  passed 


682  Acts,  1943.  —  Chaps.  523,  524,  525. 

by  the  general  court  in  the  year  nineteen  hundred  and  forty- 
three,  entitled  'An  act  changing  the  term  of  office  of  the 
superintendent  of  streets  in  the  city  of  Taunton',  be  ac- 
cepted?" If  a  majority  of  the  votes  cast  on  said  question 
is  in  the  affirmative,  then  this  act  shall  take  full  effect  on  the 
first  Monday  of  January  in  the  year  nineteen  hundred  and 
forty-four,  but  not  otherwise.        Approved  June  11,  1943. 

Chap. 523  An  Act  repealing  the  act  restricting  the  appoint- 
ment OF  CERTAIN  PERSONS  FOR  TEMPORARY  EMPLOYMENT 
UNDER    THE    CIVIL   SERVICE    LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Ed.Ca^"'  Section  fifteen  A  of  chapter  thirty-one  of  the  General 

§  15A,  etc..        Laws,  as  amended,  is  hereby  repealed. 

repealed.  '  '  <  it  -4  -,      ^  ^  ,  r^ 

Approved  June  11,  1943. 
Chap. 524:  An  Act  relative  to  expenditures  by  the  committee 

ON    POST-WAR   readjustment. 

Be  it  enacted,  etc.,  as  follows: 

The  committee  on  post-war  readjustment  is  hereby  au- 
thorized to  expend  for  clerical  and  other  services  and  ex- 
penses such  sums,  not  exceeding,  in  the  aggregate,  fifty  thou- 
sand dollars,  as  may  hereafter  be  appropriated  therefor,  in 
addition  to  such  other  moneys  as  may  be  available  for  ex- 
penditure by  said  committee.         Approved  June  11,  1943. 

Chap. 525  An  Act  further  regulating  the  terms  of  office  of 
the  members  of  the  school  committee  of  the  city 
of  everett. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  At  the  biennial  municipal  election  to  be  held 
in  the  city  of  Everett  in  the  current  year  a  member  of  the 
school  comrnittee  from  ward  four  shall  be  elected  to  serve 
for  the  balance  of  the  unexpired  term  of  the  member  from 
said  ward  who  was  elected  in  the  year  nineteen  hundred  and 
forty-one  and  for  an  additional  term  of  two  years  and  until 
the  qualification  of  his  successor  who  shall  be  elected  in  the 
year  nineteen  hundred  and  forty-seven.  At  the  biennial  mu- 
nicipal election  to  be  held  in  said  city  in  the  year  nineteen 
hundred  and  forty-seven,  and  in  each  fourth  year  thereafter, 
a  member  of  the  school  committee  from  ward  four  shall  be 
elected  to  serve  for  a  term  of  four  years. 

Section  2.  So  much  of  chapter  three  hundred  and  fifty- 
five  of  the  acts  of  eighteen  hundred  and  ninety-two,  as  af- 
fected by  chapter  three  hundred  and  sixty-one  of  the  acts 
of  nineteen  hundred  and  thirty,  as  is  inconsistent  with  this 
act  is  hereby  repealed.  Approved  June  11,  1943. 


Acts,  1943.  —  Chaps.  526,  527.  683 


An  Act  relative  to  the  aiding  of  blind  persons  by  the  (JhcLV  626 

DIVISION   of   the    blind. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  sixty-nine  of  the  General  Laws  is  hereby  amended  ejVmI^s 
by  striking  out  section  twenty-three,  as  appearing  in  the  amended. 
Tercentenary  Edition,  and  inserting  in  place  thereof  the  fol- 
lowing section :  —  Section  23.    The  director  may  ameliorate  Helping  wind 
the  condition  of  the  blind  by  devising  means  to  facilitate  the  booksl'^etc^ 
circulation  of  books,  by  promoting  visits  among  the  aged  or 
helpless  blind  in  their  homes,  by  aiding  individual  blind  per- 
sons with  money  or  other  assistance,  or  by  any  other  method 
he  may  deem  expedient;  provided,  that  contributions  by  the 
division  for  aid  to  any  blind  person  shall  be  based  on  the 
needs  of  the  recipient,  with  a  minimum  of  forty  dollars  per 
«ionth,  less  whatever  resources  he  may  have. 

{This  hill,  returned  hy  the  governor  to  the  House  of  Repre- 
sentatives, the  branch  in  which  it  originated,  with  his  objections 
thereto,  was  passed  by  the  House  of  Representatives,  June  10, 
1943,  and,  in  concurrence,  by  the  Senate,  June  11,  '1943,  the 
objections  of  the  governor  notwithstanding,  in  the  manner  pre- 
scribed by  the  constitution;  and  thereby  has  'Hhe  force  of  a 
law".) 

An  Act  making  certain  supplemental  appropriations  Chap. 527 

FOR    BRISTOL  AND    DUKES   COUNTIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  following  sums  are  hereby  appropriated 
for  the  county  of  Bristol  for  the  years  nineteen  hundred  and 
forty-three  and  nineteen  hundred  and  forty-four,  in  addition 
to  the  sums  already  appropriated  by  section  one  of  chapter 
four  hundred  and  sixty-five  of  the  acts  of  the  current  year : 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1943.  1944. 

3     For  salaries  of  county  officers  and  assist- 
ants, a  sum  not  exceeding  ,  .  .  $1,740  00  $3,570  00 

Section  2.  The  following  sums  are  hereby  appropriated 
for  the  county  of  Dukes  for  the  years  nineteen  hundred  and 
forty-three  and  nineteen  hundred  and  forty-four,  in  addition 
to  the  sums  already  appropriated  by  section  one  of  chapter 
four  hundred  and  sixty-five  of  the  acts  of  the  current  year : 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1943.  1944. 

3     For  salaries  of  county  officers  and  assist- 
ants, a  sum  not  exceeding  .  .  .  $1,035  00  $2,070  00 

Section  3.  The  sums  appropriated  by  sections  one  and 
two  shall  be  added  to  the  amounts  to  be  levied  as  the  county 
tax  for  the  counties  of  Bristol  and  Dukes,  respectively,  for 


684  Acts,  1943.  —  Chap.  528. 

the  years  nineteen  hundred  and  forty-three  and  nineteen 
hundred  and  forty-four,  as  the  case  may  be,  as  provided  by 
section  one  of  chapter  four  hundred  and  sixty-five  of  the 
acts  of  the  current  year. 

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

Approved  June  12,  194S. 


Chap. 528  An  Act  providing  for  the  improvement,  enlargement, 

EXTENSION,  development,  CONSTRUCTION,  ALTERATION 
AND  OPERATION  OF  THE  COMMONWEALTH  AIRPORT  — 
BOSTON,  SO  CALLED,  AND  PROVIDING  FURTHER  FOR  EASE- 
MENTS, ROADS,  HIGHWAYS,  APPROACHES  AND  MEANS  OF 
ACCESS  BY  RAILROAD  OR  OTHERWISE  IN  CONNECTION 
THEREWITH. 

Emergency  Wherea&,   The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  to  prepare  with  the  utmost  ex- 
pedition for  national  defense  in  the  present  emergency,  there- 
fore it  is  hereby  declared  to  be  an  emergency  law,  necessary 
for  the  immediate  preservation  of  the  public  safety  and 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  state  department  of  public  works,  in  this 
act  called  the  department,  is  hereby  authorized  and  directed 
to  enlarge,  extend,  improve  and  develop  the  Commonwealth 
Airport  —  Boston,  so  called,  and  is  authorized  to  dredge, 
fill,  grade,  construct  sewers,  drains,  runways,  dikes  and  bulk- 
heads, and  to  make  other  improvements,  and  to  provide  for 
railroad  and  trolley  tracks,  roadways  and  appurtenances, 
and,  for  the  purpose  of  providing  railway  facilities  on  the 
airport  property  and  of  providing  connections  with  existing 
street  railway  tracks  outside  said  property,  the  department 
may  grant  locations  or  alterations  or  extensions  of  locations 
for  tracks,  poles,  wires,  conduits  and  incidental  railway  struc- 
tures in  or  upon  said  airport  property  and  in  or  upon  public 
lands  and  ways  leading  thereto;  and  to  do  any  other  work 
at  or  adjacent  to  the  airport  property  which,  in  its  opinion, 
is  necessary  to  enlarge,  extend,  improve  and  develop  said 
airport  in  accordance  with  plans  prepared  by  or  under  the 
direction  of  the  department ;  provided,  that  no  work  shall  be 
done  in  accordance  therewith  unless  a  copy  of  such  plans 
shall  first  have  been  submitted  to  the  Massachusetts  aero- 
nautics commission  and  said  commission  shall  have  made 
to  the  department  its  recommendations  relative  thereto  or 
thirty  days  have  elapsed  without  any  such  recommendations. 

For  the  purposes  of  this  act,  the  department  is  hereby 
authorized  to  acquire  by  purchase,  deed,  gift  or  otherwise,  or 
to  take  by  eminent  domain  under  chapter  seventy-nine  of  the 
General  Laws,  lands  other  than  public  lands  or  rights  therein 
as  may  be  needed  for  the  construction  of  necessary  sewers  or 
drains  or  their  outlets  or  to  provide  railroad  or  railway  tracks 
or  roadways  or  appurtenances  as  means  of  access  by  rail- 


Acts,  1943. —  Chap.  528.  685 

road,  railway  or  otherwise  in  connection  with  said  airport  or 
to  provide  for  locations  or  alterations  or  extensions  of  loca- 
tions for  tracks,  poles,  wires,  conduits  and  incidental  railway 
structures  in  connection  with  said  airport,  and  to  acquire  or 
take  such  air  rights  as  may  be  necessary  to  provide  unob- 
structed air  space  for  the  safe  and  convenient  landing  and 
taking  off  of  aircraft  utilizing  the  airport,  and  to  acquire  or 
take  the  right  or  easement,  for  a  limited  period  of  time  or 
perpetually,  to  place  and  maintain  such  radio  beacons  and 
such  suitable  marks  for  the  day  time,  and  to  place,  operate 
and  maintain  such  suitable  lights  for  the  night  time,  marking 
of  buildings,  or  other  structures  or  obstructions,  as  may  be 
necessary  for  the  safe  and  convenient  operation  of  aircraft 
utilizing  the  airport.  Before  work  shall  commence  or  con- 
tracts be  let  final  approval  of  plans,  specifications  and  con- 
tracts shall  be  made  by  the  governor  and  council. 

Section  2.  The  work  hereby  authorized,  or  any  part 
thereof,  may  be  extended  outside  that  portion  of  the  harbor 
line  established  by  chapter  four  hundred  and  eleven  of  the 
acts  of  nineteen  hundred  and  thirty-nine  and  lying  between 
the  points  designated  in  said  act  by  the  letters  B-C-D-E-F- 
G-S-T-U  and  R-2. 

Section  3.  The  department,  acting  in  the  name  and  be- 
half of  the  commonwealth,  may  lease  or  convey  to  the  United 
States,  with  or  without  consideration,  such  property  of  the 
airport  as  may  be  necessary  for  the  construction  and  main- 
tenance of  any  aid  to  navigation,  and  may  lease  to  the  federal 
government  such  part  of  the  said  airport  as  may  seem  ad- 
visable. The  department  may  enter  into  such  agreements 
with  the  federal  government  relative  to  the  construction, 
maintenance  and  operation  of  the  airport  or  any  part  thereof 
and  may  receive  and  expend  federal  funds  in  addition  to  any 
moneys  provided  by  section  four. 

Section  4.  To  meet  the  expenditures  necessary  in  carry- 
ing out  the  provisions  of  this  act  the  state  treasurer  shall 
upon  request  of  the  governor  and  council  issue  and  sell  at 
public  or  private  sale  bonds  of  the  commonwealth,  registered 
or  with  interest  coupons  attached,  as  he  may  deem  best,  to 
an  amount  to  be  specified  by  the  governor  and  council  from 
time  to  time,  but  not  exceeding,  in  the  aggregate,  the  sum  of 
four  million,  seven  hundred  and  fifty  thousand  dollars.  All 
bonds  issued  by  the  commonwealth  as  aforesaid  shall  be 
designated  on  their  face  "Commonwealth  Airport  —  Bos- 
ton Improvement  Loan"  and  shall  be  on  the  serial  payment 
plan  for  such  maximum  term  of  years,  not  exceeding  five 
years,  as  the  governor  may  recommend  to  the  general  court 
pursuant  to  section  3  of  Article  LXII  of  the  amendments 
to  the  Constitution  of  the  Commonwealth,  the  maturities 
thereof  to  be  so  arranged  that  the  amounts  payable  in  the 
several  years  other  than  the  final  year  shall  be  as  nearly  equal 
as  in  the  opinion  of  the  state  treasurer  it  is  practicable  to 
make  them.  Said  bonds  shall  bear  interest  semi-annually  at 
such  rate  as  the  state  treasurer,  with  the  approval  of  the 


686  Acts,  1943.  —  Chap.  529. 

governor,  shall  fix,  but  such  bonds  shall  be  payable  not  ear- 
lier than  July  first,  nineteen  hundred  and  forty-five,  nor  later 
than  July  first,  nineteen  hundred  and  fifty. 

Section  5.  The  commissioner  of  public  works  may  tem- 
porarily employ  such  engineering,  clerical  and  other  assistants 
as  he  deems  necessary  for  the  purpose  of  carrying  out  the 
work  authorized  by  this  act.  Such  persons  shall  be  employed 
subject  to  chapter  thirty-one  of  the  General  Laws,  except 
that  their  employment  may  continue  until  the  completion  of 
said  work,  any  provision  of  said  chapter  thirty-one  to  the 
contrary  notwithstanding. 

Section  6.  The  department  of  public  works  may  make 
such  rules,  regulations  and  charges  for  the  use  of  said  airport 
or  part  thereof  as  it  may  from  time  to  time  deem  reasonable 
and  expedient,  subject  to  the  approval  of  the  governor  and 
council. 

Section  7.  Nothing  in  this  act  shall  be  construed  to 
authorize  any  expenditures  from  the  Highway  Fund. 

Section  8.  Said  airport  shall  be  known  and  designated 
as  the  General  Edward  Lawrence  Logan  Airport,  and  a  suit- 
able tablet  or  marker  bearing  said  designation  shall  be  erected 
at  said  airport  by  the  department. 

Approved  June  12,  1943. 


Chap. 529  An  Act  requiring  employers  to  provide  compensation 

FOR  employees  RECEIVING  INJURIES  WHICH  ARISE  OUT 
OF  AND  IN  THE  COURSE  OF  THEIR  EMPLOYMENT,  AND  PER- 
MITTING CERTAIN  EMPLOYERS  TO  PROVIDE  FOR  SUCH  COM- 
PENSATION   BY    SELF-INSURANCE. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  SECTION  1.     Sectiou   ouc  of   chapter  one  hundred  and 

li'!etc^'         fifty-two  of  the  General  Laws  is  hereby  amended  by  strik- 
amended.  j^g  out  paragraph  (1),  as  amended  by  section  one  of  chap- 

ter three  hundred  and  thirty-two  of  the  acts  of  nineteen 
hundred  and  thirty-five,  and  inserting  in  place  thereof  the 
following  paragraph :  — 
'^^AvMage  (1)  "Average  weekly  wages",  the  earnings  of  the  injured 

^  employee  during  the  period  of  twelve  calendar  months  im- 

mediately preceding  the  date  of  injury,  divided  by  fifty-two; 
but  if  the  injured  emploj^ee  lost  more  than  two  weeks'  time 
during  such  period,  the  earnings  for  the  remainder  of  such 
twelve  calendar  months  shall  be  divided  by  the  number  of 
weeks  remaining  after  the  time  so  lost  has  been  deducted. 
Where,  by  reason  of  the  shortness  of  the  time  during  which 
the  employee  has  been  in  the  employment  of  his  employer 
or  the  nature  or  terms  of  the  employment,  it  is  impracti- 
cable to  compute  the  average  weekly  wages,  as  above  de- 
fined, regard  may  be  had  to  the  average  weekly  amount 
which,  during  the  twelve  months  previous  to  the  injury, 
was  being  earned  by  a  person  in  the  same  grade  employed 
at  the  same  work  by  the  same  employer,  or,  if  there  is  no 


wages 
defined 


Acts,  1943. —  Chap.  529.  687 

person  so  employed,  by  a  person  in  the  same  grade  em- 
ployed in  the  same  class  of  employment  and  in  the  same 
district.  In  case  the  injured  employee  is  employed  in  the 
concurrent  service  of  more  than  one  insured  employer  or 
self-insurer,  his  total  earnings  from  the  several  insured  em- 
ployers and  self-insurers  shall  be  considered  in  determining 
his  average  weekly  wages.  Weeks  in  which  the  employee 
received  less  than  five  dollars  in  wages  shall  be  considered 
time  lost  and  shall  be  excluded  in  determining  the  average 
weekly  wages;  provided,  however,  that  this  exclusion  shall 
not  apply  to  employees  whose  normal  working  hours  in  the 
service  of  the  employer  are  less  than  fifteen  hours  each  week. 

Section  1A.    Said  section  one  of  said  chapter  one  hun-  g.  l.  (Ter. 
dred  and  fifty-two,  as  amended,  is  hereby  further  amended  f  I'^etc'"."' 
by  striking  out  paragraph  (5),  as  appearing  in  the  Tercen-  amended. 
tenary  Edition,  and  inserting  in  place  thereof  the  following 
paragraph :  — 

(5)  "Employer",  an  individual,  partnership,  association,  "Employer" 
corporation  or  other  legal  entity,  including  the  legal  rep-    ®  ^^  ' 
resentatives  of  a  deceased  employer,  or  the  receiver  or  trus- 
tee of  an  individual,  partnership,  association,  or  corporation 

or  other  legal  entity,  employing  employees  subject  to  this 
chapter. 

Section  2.    Said  section  one  of  said  chapter  one  hundred  g^^  ^T.^''-.  ^ 
and  fifty-two  is  hereby  further  amended  by  adding  at  the  ameAded".' 
end  of  paragraph  (6),  as  appearing  in  the  Tercentenary  Edi- 
tion, the  words :  —  or  is  a  self-insurer  under  subsection  2  (a) 
or  2  (b)  of  section  twenty-five  A,  ^-  so  as  to  read  as  follows :  — 

(6)  "Insured"  or  "insured  person",  an   employer  who  "insured", 
has  provided  by  insurance  for  the  payment  to  his  employees  ®*''"'  ''''^"^'^• 
by  an  insurer  of  the  compensation  provided  for  by  this 
chapter,  or  is  a  self-insurer  under  subsection  2  (a)  or  2  (6) 

of  section  twenty-five  A. 

Section  3.    Said  section  one  of  said  chapter  one  hundred  g^jT-  (Ter. 
and  fifty-two,  as  amended,  is  hereby  further  amended  by  §  i,  etc.,"' 
striking  out  paragraph  (4),  as  amended  by  chapter  four  hun-  ^'"''"^^'^'■ 
dred  and  six  of  the  acts  of  nineteen  hundred  and  thirty-five, 
and  inserting  in  place  thereof  the  following  paragraph :  — 

(4)  "Employee",  every  person  in  the  service  of  another  ^^"p]"^''''  ' 
under  any  contract  of  hire,  express  or  implied,  oral  or  written, 
excepting  masters  of  and  seamen  on  vessels  engaged  in  inter- 
state or  foreign  commerce,  persons  employed  by  an  express 
company,  sleeping  car  company,  or  carrier  subject  to  Part  I 
or  Part  II  of  the  Interstate  Commerce  Act,  and  persons  em- 
ployed by  telephone  companies  subject  to  the  federal  com- 
munications act  and  excepting  one  whose  employment  is  not 
in  the  usual  course  of  the  trade,  business,  profession  or  occu- 
pation of  his  employer,  but  not  excepting  a  person  conclu- 
sively presumed  to  be  an  employee  under  section  twenty-six 
of  this  chapter.  The  provisions  of  this  chapter  shall  remain 
elective  as  to  employers  of  the  following: — persons  employ- 
ing six  or  less,  or  persons  employed  as  domestic  servants  and 
farm  laborers,  members  of  an  employer's  family  dwelling  in 


688 


Acts,  1943. —  Chap.  529. 


G.  L.  (Tcr. 
Ed.),  152,  §21, 
amended. 


Notice  to 
employees. 


G.  L.  (Ter. 
Ed.).  152,  §  23, 
amended. 


Acceptance 
of  payment, 
etc.,  by  em- 
ployee to 
release  em- 
ployer from 
liability. 


G.  L.  (Ter. 
Ed.),  152,  §24, 
amended. 


Notice  by 
employee  to 
retain  com- 
mon law 
right.s. 


G.  L.  (Ter. 
Ed.),  152, 
new  §§  25 A- 
25D,  added. 


his  household,  and  persons  other  than  laborers,  workmen  and 
mechanics  employed  by  religious,  charitable  or  educational 
institutions. 

Any  reference  to  an  employee  who  has  been  injured  shall, 
when  the  employee  is  dead,  also  include  his  legal  representa- 
tives, dependents  and  other  persons  to  whom  compensation 
may  be  payable. 

Section  4.  Section  twenty-one  of  said  chapter  one  hun- 
dred and  fifty-two,  as  appearing  in  the  Tercentenary  Edition, 
is  hereby  amended  by  adding  at  the  end  the  words :  —  or  by 
self-insurance,  as  provided  by  this  chapter, — so  as  to  read  as 
follows:  —  Section  21.  Every  insured  person  shall,  as  soon 
as  he  secures  a  policy,  give  written  or  printed  notice  to  all 
persons  under  contract  of  hire  with  him  that  he  has  provided 
for  payment  to  injured  employees  by  the  insurer,  or  by  self- 
insurance,  as  provided  by  this  chapter. 

Section  5.  Said  chapter  one  hundred  and  fifty-two  is 
hereby  further  amended  by  striking  out  section  twenty-three, 
as  so  appearing,  and  inserting  in  place  thereof  the  following 
section :  —  Section  23.  If  an  employee  files  any  claim  for,  or 
accepts  payment  of,  compensation  on  account  of  personal 
injury  under  this  chapter,  or  makes  any  agreement,  or  sub- 
mits to  a  hearing  before  a  member  of  the  department  under 
section  eight,  such  action  shall  constitute  a  release  to  the  in- 
sured or  self-insurer  of  all  claims  or  demands  at  law,  if  any, 
arising  from  the  injury. 

Section  6.  Section  twenty-four  of  said  chapter  one  hun- 
dred and  fifty-two,  as  so  appearing,  is  hereby  further  amended 
by  striking  out,  in  the  first  line,  the  words  "of  an  insured  per- 
son", —  by  inserting  after  the  word  "person"  in  the  seventh 
line  the  words :  —  or  self -insurer,  —  and  by  striking  out,  in 
the  eighth  line,  the  words  "notice  of  such  insurance"  and  in- 
serting in  place  thereof  the  words :  —  the  time  said  employer 
became  an  insured  person  or  a  self-insurer,  —  so  as  to  read  as 
follows :  —  Section  24-  An  employee  shall  be  held  to  have 
waived  his  right  of  action  at  common  law  or  under  the  law  of 
any  other  jurisdiction  in  respect  to  an  injury  therein  occur- 
ring, to  recover  damages  for  personal  injuries  if  he  shall  not 
have  given  his  employer,  at  the  time  of  his  contract  of  hire, 
written  notice  that  he  claimed  such  right,  or,  if  the  contract 
of  hire  was  made  before  the  employer  became  an  insured  per- 
son or  self-insurer,  if  the  employee  shall  not  have  given  the 
said  notice  within  thirty  days  of  the  time  said  employer  be- 
came an  insured  person  or  a  self-insurer.  An  employee  who 
has  given  notice  to  his  employer  that  he  claimed  his  right 
of  action  as  aforesaid  may  waive  such  claim  by  a  written 
notice,  which  shall  take  effect  five  days  after  it  is  delivered 
to  the  employer  or  his  agent.  The  notices  required  by  this 
section  shall  be  given  in  such  manner  as  the  department  may 
approve. 

Section  7.  Said  chapter  one  hundred  and  fifty-two  is 
hereby  further  amended  by  inserting  after  section  twenty- 
five,  as  so  appearing,  under  the  caption  compulsory  compen- 


Acts,  1943.  —  Chap.  529.  689 

SATION  AND  SELF-INSURANCE,   the  foiir  following  SectioilS: New  headinK. 

Section  25 A.     In  order  to  promote  the  health,  safet}^  and  Compulsory 
welfare  of  employees,  every  employer  shall  provide  for  the  an^seff-*^*'"" 
payment  to  his  employees  of  the  compensation  provided  for  insui'ance. 
by  this  chapter  in  the  following  manner :  — 

(1)  By  insurance  with  an  insurer,  or 

(2)  Subject  to  the  rules  of  the  department,  by  obtaining 
from  the  department  annually  a  license  as  a  self-insurer  by 
conforming  to  the  provisions  of  one  of  the  two  following 
sub-paragraphs  and  also  to  the  provisions  of  sub-paragraph 
(c),  if  required:  — 

(a)  By  keeping  on  deposit  with  the  state  treasurer  in  trust  Deposit 
for  the  benefit  and  security  of  employees  such  amount  of  se-  ^e^asurer^ 
curities,  not  less  in  market  value  than  ten  thousand  dollars, 
as  may  be  required  by  the  department,  said  securities  to  be 
in  the  form  of  cash,  bonds,  stocks  or  other  evidences  of  in- 
debtedness as  the  department  may  require,  and  to  be  used, 
liquidated  and  disbursed  only  upon  the  order  of  the  depart- 
ment for  the  purposes  of  paying  the  benefits  provided  for  by 
this  chapter.  The  department  shall,  from  time  to  time,  de- 
termine the  liabihties  of  a  self-insurer  both  incurred  or  to  be 
incurred  because  of  personal  injuries  to  employees  under  this 
chapter.  The  department  may  at  any  time  require  an  addi- 
tional deposit  or  further  security  or  permit  a  decrease  in  the 
market  value  of  said  deposit  provided  the  value  of  said  de- 
posit in  no  case  shall  be  less  than  ten  thousand  dollars.  The 
department  may  permit  a  substitution  of  securities  in  place 
of  those  deposited.  Interest,  dividends  and  other  income 
from  said  deposit  or  deposits  shall  be  payable  to  the  em- 
ployer who  deposited  them,  unless  and  until  the  department 
shall  direct  otherwise.  The  deposit  or  deposits  may  be  re- 
turned to  the  employer  if  the  employer  shall  insure  with  an 
insurer  under  subsection  (1)  of  this  section,  or  qualify  as  a 
self-insurer  under  sub-paragraph  (6)  of  this  section,  or  if  he 
shall  cease  to  transact  business  in  the  commonwealth;  pro- 
vided, that  in  any  case  he  satisfies  the  department  that  he 
is  not  under  any  obligation  to  pay  compensation  under  this 
chapter,  or,  if  the  department  so  requires,  he  furnishes  the 
department  with  a  single  premium  non-cancellable  policy, 
approved  by  the  department,  securing  him  against  any  lia- 
bility that  may  have  arisen  under  this  chapter.  No  deposit 
so  deposited  shall  be  assignable  or  subject  to  attachment  or 
be  liable  in  any  way  for  the  debt  of  the  self-insurer. 

(6)  By  furnishing  annually  to  the  state  treasurer  a  bond  surety 
with  a  corporate  surety  company  authorized  to  do  business  bond.^'^^ 
in  this  commonwealth,  in  such  form  and  in  such  an  amount 
not  less  than  ten  thousand  dollars  as  may  be  required  by  the 
department,  said  bond,  however,  to  be  upon  the  condition 
that  if  the  license  of  the  principal  shall  be  revoked  or  if  the 
department  shall  refuse  to  renew  the  license,  the  principal 
shall  upon  demand  fully  comply  with  sub-paragraph  (a)  of 
this  section  relative  to  the  deposit  of  securities  or  a  single 
premium  non-cancellable  policy.    The  department  shall,  from 


690 


Acts,  1943.  —  Chap.  529. 


Reinsurance 

against 

catastrophe. 


Rules  and 
regulations, 
hearings,  etc. 


Expenses. 


time  to  time,  determine  the  liabilities  of  a  self-insurer  both 
incurred  or  to  be  incurred  because  of  personal  injuries  to 
employees  under  this  chapter.  The  department  may  at  any 
time  require  an  additional  bond,  similarly  conditioned,  or 
further  security  or  permit  a  decrease  in  the  amount  of  said 
bond  provided  the  amount  of  the  bond  or  the  bonds  in  no 
case  shall  be  less  than  ten  thousand  dollars.  The  liability 
of  the  surety  shall  not  exceed  in  the  aggregate  the  penal 
sum  or  sums  stated  in  any  such  bond  or  bonds  or  in  any 
endorsements  giving  effect  to  any  such  increase  or  reduction. 
The  department  may  permit  a  substitution  of  a  new  bond 
or  bonds  for  the  bond  or  bonds  which  have  been  furnished, 
(c)  As  a  further  guarantee  of  a  self-insurer's  ability  to 
pay  the  benefits  provided  for  by  this  chapter  to  injured  em- 
ployees, the  department  may  require  that  a  self-insurer  re- 
insure his  compensation  risk  against  catastrophe,  and  such 
reinsurance,  when  so  required,  shall  be  placed  only  with  an 
insurance  company  admitted  to  do  business  in  this  com- 
monwealth. 

(3)  The  department  may  make  rules  governing  self-in- 
surers, and  may  revoke  or  refuse  to  renew  the  license  of  a 
self-insurer  because  of  the  failure  of  such  self-insurer  promptly 
to  make  payments  of  compensation  provided  for  by  this 
chapter,  or  for  any  other  reasonable  cause.  Any  person 
aggrieved  by  the  action  of  the  department  in  refusing  to 
grant  a  license  or  in  revoking,  or  refusing  to  renew,  a  license 
of  a  self-insurer  under  this  section  or  by  the  action  of  the 
department  in  requiring  an  additional  deposit  or  further 
security  under  sub-paragraph  (a)  of  this  section,  or  in  re- 
quiring a  further  bond  or  security  for  an  additional  sum 
under  sub-paragraph  (6)  of  this  section  may  demand  a  hear- 
ing before  the  department,  and  if,  after  said  hearing,  the 
department  denies  his  petition,  he  may  within  ten  days 
after  receipt  of  a  notice  stating  reasons  for  such  denial,  file 
a  petition  in  the  superior  court  for  Suffolk  county  for  a 
review  thereof;  but  the  filing  of  such  a  petition  shall  not 
suspend  the  action  of  the  department  unless  a  stay  thereof 
shall  be  allowed  by  the  justice  pending  a  final  determina- 
tion by  the  court.  The  court  shall  summarily  hear  the 
petition  and  may  make  any  appropriate  order  or  decree. 

(4)  Such  expenses  as  shall  be  determined  by  the  depart- 
ment of  administration  and  finance  as  necessary  to  carry  out 
the  provisions  of  this  chapter  relating  to  self-insurance  shall 
be  assessed  against  all  self-insurers,  including  for  this  pur- 
pose employers  who  have  ceased  to  exercise  the  privilege  of 
self-insurance  but  whose  securities  are  retained  on  deposit  in 
accordance  with  the  rules  of  the  department.  The  basis  of 
assessment  shall  be  the  proportion  of  such  expense  that  the 
total  securities  deposited  by  each  self-insurer  or  penal  sum 
of  bond  or  bonds  furnished  by  each  self-insurer  at  the  close 
of  each  fiscal  year  bears  to  the  total  deposits  and  bonds  of 
all  self-insurers.  All  such  assessments  when  collected  shall 
be  paid  into  the  state  treasury. 


Acts,  1943. —  Chap.  529.  691 

Section  26 B.     Section  twenty-five  A  shall  not  apply  to  Section  25a 
the  commonwealth  or  the  various  counties,  cities,  towns  and  To  cufe^'r'*^''^ 
districts  provided  for  in  sections  sixty-nine  to  seventy-five,  towns,  etc. 
inclusive.     Any  employer  may  bring  an  employee  or  em- 
ployees for  whom  he  is  not  required  by  this  chapter  to  pro- 
vide for  the  payment  of  compensation  within  the  coverage 
of  this  chapter  by  providing  for  the  payment  of  compensation 
to  such  employee  or  employees  as  provided  by  this  chapter. 

Section  25C.  If  an  employer  who  is  required  to  provide  FaiUu-e  to 
for  the  payment  to  his  employees  of  the  compensation  pro-  Penafty^**^' 
vided  for  by  this  chapter  fails  to  do  so,  he  shall  be  punished 
by  a  fine  of  not  more  than  five  hundred  dollars  or  by  im- 
prisonment for  not  more  than  one  year,  or  both.  Failure 
of  an  employer,  after  imposition  of  the  foregoing  penalty, 
to  provide  for  the  payment  of  compensation  under  this  chap- 
ter after  notice  by  the  department  to  such  employer  so  to 
do  shall,  as  to  each  such  notice,  be  deemed  a  further  viola- 
tion in  respect  thereof  and  the  same  penalty  shall  be  im- 
posed. If  such  employer  is  a  corporation,  the  president  or 
treasurer,  or  both,  shall  be  liable  for  such  penalty. 

Section  25D.    No  self-insurer  or  attorney  acting  in  its  be-  Seif-insurer, 
half  shall  engage  a  service  company  or  like  organization  to  engage°servioc 
investigate,  adjust,  or  settle  claims  under  this  chapter  or  to  company,  etc. 
represent  it  in  any  matter  before  the  department.     Any 
violation  of  this  section  shall  constitute  reasonable  cause 
for  revocation  of  the  license  of  a  self-insurer  under  section 
twenty-five  A  of  this  chapter. 

Section  8.     Said  chapter  one  hundred  and  fifty-two  is  %'^\^2' 
hereby  further  amended  by  striking  out  section  twenty-six,  §  26,'  etc.,' 
as  most  recently  amended  by  chapter  three  hundred  and  ^'^«^'^«'^- 
two  of  the  acts  of  the  current  year,  and  inserting  in  place 
thereof  the  following  section :  —  Section  26.    If  an  employee  Payments. 
who  has  not  given  notice  of  his  claim  of  common  law  rights  Presumption 
of  action  under  section  twenty-four,  or  who  has  given  such  menT.'^'''^ 
notice  and  has  waived  the  same,  receives  a  personal  injury  Extrater- 
arising  out  of  and  in  the  course  of  his  employment,  or  aris-  ntoriaiity. 
ing  out  of  an  ordinary  risk  of  the  street  while  actually  en- 
gp,ged,  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  compensa- 
tion by  the  insurer  or  self-insurer,  as  hereinafter  provided; 
provided,  that  as  to  an  injury  occurring  without  the  com- 
monwealth he  has  not  given  notice  of  his  claim  of  rights  of 
action  under  the  laws  of  the  jurisdiction  wherein  such  in- 
jury 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  without  the   commonwealth,   and  any 
person  who,  while  engaged  in  the  usual  course  of  his  trade, 
business,  profession  or  occupation,  is  ordered  by  an  em- 


692 


Acts,  1943. —  Chap.  529. 


G.  L.  (Ter. 
Ed.),  152, 
§  28,  etc., 
amended. 


Wilful  mis- 
conduct by 
employer. 


Double  com- 
pensation. 


G.  L.  (Ter. 
Ed.),  1.52,  §  06, 
amended. 


Certain  de- 
fenses denied 
to  employer. 


G.  L.  (Ter. 
Ed.).  152,  §  67, 
amended. 


ployer,  or  by  a  person  exercising  superintendence  on  behalf 
of  such  employer,  to  perforrn  work  which  is  not  in  the  usual 
course  of  such  work,  trade,  business,  profession  or  occupa- 
tion, and  while  so  performing  such  work,  receives  a  per- 
sonal injury,  shall  be  conclusively  presumed  to  be  an  em- 
ployee, and  if  an  employee  while  acting  in  the  course  of  his 
employment  receives  injury  resulting  from  frost  bite,  heat 
exhaustion  or  sunstroke,  without  having  voluntarily  as- 
sumed increased  peril  not  contemplated  by  his  contract  of 
employment,  or  is  injured  by  reason  of  the  physical  activi- 
ties of  fellow  employees  in  which  he  does  not  participate, 
whether  or  not  such  activities  are  associated  with  the  em- 
ployment, such  injury  shall  be  conclusively  presumed  to 
have  arisen  out  of  the  employment. 

Section  9.  Said  chapter  one  hundred  and  fifty-two  is 
hereby  further  amended  by  striking  out  section  twenty- 
eight,  as  amended  by  section  two  of  chapter  two  hundred 
and  ninety-two  of  the  acts  of  nineteen  hundred  and  thirty- 
four,  and  inserting  in  place  thereof  the  following  section:  — 
Section  28.  If  the  employee  is  injured  by  reason  of  the 
serious  and  wilful  misconduct  of  an  employer  or  of  any  per- 
son regularly  intrusted  with  and  exercising  the  powers  of 
superintendence,  the  amounts  of  compensation  hereinafter 
provided  shall  be  doubled.  In  case  the  employer  is  insured, 
he  shall  repay  to  the  insurer  the  extra  compensation  paid 
to  the  employee.  If  a  claim  is  made  under  this  section, 
and  the  employer  is  insured,  the  employer  may  appear  and 
defend  against  such  claim  only.  The  employment  of  any 
minor,  known  to  be  such,  in  violation  of  any  provision  of 
sections  sixty  to  seventy-four,  inclusive,  or  of  section  one 
hundred  and  four  of  chapter  one  hundred  and  forty-nine 
shall  constitute  serious  and  wilful  misconduct  under  this 
section. 

Section  9A.  Said  chapter  one  hundred  and  fifty-two  is 
hereby  further  amended  by  striking  out  section  sixty-six, 
as  appearing  in  the  Tercentenary  Edition,  and  inserting  in 
place  thereof  the  following  section :  —  Section  66.  In  an 
action  to  recover  damages  for  personal  injury  sustained  by 
an  employee  in  the  course  of  his  employment  or  for  death 
resulting  from  personal  injury  so  sustained,  it  shall  not  be 
a  defense: 

1.  That  the  employee  was  negligent; 

2.  That  the  injury  was  caused  by  the  negligence  of  a  fel- 
low employee; 

3.  That  the  employee  had  assumed  voluntarily  or  con- 
tractually the  risk  of  the  injury; 

4.  That  the  employee's  injury  did  not  result  from  negli- 
gence or  other  fault  of  the  employer,  if  such  injury  arose 
out  of  and  in  the  course  of  employment. 

Section  10.  Said  chapter  one  hundred  and  fifty-two  is 
hereby  further  amended  by  striking  out  section  sixty-seven, 
as  so  appearing,  and  inserting  in  place  thereof  the  following 
section :  —  Section  67.     Section  sixty-six  shall  not  apply  to 


Acts,  1943. —  Chap.  529.  693 

actions  to  recover  damages  for  personal  injuries  sustained  of''|'|Jg''*'°" 
by  domestic  servants  and  farm  laborers,  nor  to  actions  for  limitod. 
such  injuries  received  by  employees  of  an  insured  person  or 
a  self-insurer. 

Paragraph  4  of  said  section  sixty-six  shall  not  apply  to 
actions  to  recover  damages  for  personal  injuries  sustained 
by  any  person,  whose  employer  has  a  right  of  election  as 
provided  in  paragraph  4  of  section  one. 

Section  11.    Said  chapter  one  hundred  and  fifty-two  is  g.  l.  (Xer. 
hereby  further  amended  by  striking  out  section  sixty-eight,  fmendei'.  ^  ^^' 
as  so  appearing,  and  inserting  in  place  thereof  the  following 
section:  —  Section  68.    Chapter  one  hundred  and  fifty-three  Application 
and  sections  four  and  seven  to  ten,  inclusive,  of  chapter  two  otherUws. 
hundred  and  twenty-nine  shall  not  apply  to  employees  of 
an  insured  person  or  a  self-insurer,  nor  to  laborers,  workmen 
or  mechanics  employed  by  the  commonwealth  or  any  county, 
city,  town  or  district  subject  to  sections  sixty-nine  to  sev- 
enty-five, inclusive,  who  are  entitled  to  the  benefits  provided 
by  said  sections,  while  this  chapter  is  applicable  thereto. 

Section  12.    Said  chapter  one  hundred  and  fifty-two  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  seventy-six,  f  7^ ;  l^l] 
inserted  by  section  one  of  chapter  four  hundred  and  sixty-  amended. 
five  of  the  acts  of  nineteen  hundred  and  thirty-nine,  and 
inserting  in  place  thereof  the  following  section:  —  Section  76.  silicosis,  etc. 
The  right  to  and  liability  for  and  the  amounts  of  compensa- 
tion payable  for  personal  injuries  arising  out  of  and  in  the 
course  of  employment  in  the  granite  industries  and  result- 
ing from  silicosis  or  other  occupational  pulmonary  dust  dis- 
ease shall  be  subject  to  and  governed  by  sections  seventy- 
seven  to  eighty-five,  inclusive,  anything  in  this  chapter  to 
the  contrary  notwithstanding.    An  employer,  the  compensa- 
tion for  whose  employees  is  subject  to  and  governed  by  said 
sections  seventy-seven  to  eighty-five,  inclusive,  may,  in  lieu 
of  becoming  an  insured  person  become  a  self-insurer;    and 
said  sections  seventy-seven  to  eighty-five,  inclusive,  shall 
apply  to  an  employer  who  is  a  self-insurer  as  well  as  to  an 
employer  who  is  an  insured  person. 

Section  13.     Section  twenty-two   of  said   chapter  one  q.  l.  (Xer. 
hundred  and'  fifty-two,  as  appearing  in  the  Tercentenary  amended."  ^  ^"' 
Edition,  is  hereby  amended  by  adding  the  words:  —  or  by 
means  of  self-insurance  as  provided  in  this  chapter,  —  at 
the  end  of  the  first  sentence,  —  and  by  inserting  after  the 
word  "insured",  in  the  fourth  fine,  the  words:  —  by  an  in- 
surance company,  —  so  as  to  read  as  follows:  —  Section  22.  Notice  to 
Every  insured  person  shall  give  written  or  printed  notice  ®"*p°^®®^- 
to  every  person  with  whom  he  is  about  to  enter  into  a  con- 
tract of  hire  that  he  has  provided  for  payment  to  injured 
employees  by  the  insurer  or  by  means  of  self -insurance  as 
provided  in  this  chapter.     An  employer  ceasing  to  be  in- 
sured by  an  insurance  company  shall,  on  or  before  the  day 
on  which  his  policy  expires,  give  written  or  printed  notice 
thereof  to  all  persons  under  contract  with  him.     In  case  of 
the  renewal  of  the  policy  no  notice  shall  be  required.    He 


694 


Acts,  1943.  — Chaps.  530,  531. 


Effective 
date. 


shall  file  a  copy  of  said  notice  with  the  department.  The 
notices  required  by  this  and  the  preceding  section  may  be 
given  in  the  manner  therein  provided  or  in  such  other  man- 
ner as  may  be  approved  by  the  department. 

Section  14.    This  act  shall  take  effect  on  November  fif- 
teenth in  the  year  nineteen  hundred  and  forty-three. 

Approved  June  12,  1943. 


G.  L.  (Ter. 
Ed.),  31, 
§  19A,  etc., 
amended. 


Chap. dSO  An  Act  authorizing  the  appointment  to  the  regu- 
lar FIRE  FORCE  IN  CITIES  OF  CERTAIN  CALL  MEMBERS 
THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

Section  nineteen  A  of  chapter  thirty-one  of  the  General 
Laws,  as  most  recently  amended  by  chapter  thirty-eight  of 
the  acts  of  nineteen  hundred  and  forty-one,  is  hereby  further 
amended  by  adding  at  the  end  the  following  new  sentence:  — 
The  provisions  of  this  section  shall  not  be  deemed  to  pre- 
vent the  appointment  to  the  regular  force  of  a  city  of  a  call 
fireman  who  has  been  a  call  member  in  such  city  for  more 
than  five  years  prior  to  June  fifteenth,  nineteen  hundred  and 
forty-three,  —  so  as  to  read  as  follows:  —  Section  19 A.  In 
each  city  in  which  there  has  been  established  a  reserve  force 
of  firemen  in  its  fire  department  under  the  provisions  of  sec- 
tions fifty-nine  B  to  fifty-nine  D,  inclusive,  of  chapter  forty- 
eight,  appointments  to  the  regular  force  shall  be  made  by 
the  appointing  authority  upon  certification  by  the  director 
from  the  list  of  members  of  the  reserve  force  of  firemen,  in 
accordance  with  the  rules  of  the  commission,  except  that  the 
basis  of  certification  shall  be  the  order  of  appointment  to 
the  reserve  force,  or,  if  not  ascertainable,  the  order  of  the 
respective  ratings  of  such  members  obtained  in  the  exami- 
nation upon  which  the  list  of  eligibles  for  appointment  to 
such  reserve  force  was  based.  No  person  who  has  passed  his 
fiftieth  birthday  shall  be  appointed  from  such  a  reserve  force 
to  such  a  regular  force.  The  provisions  of  this  section  shall 
not  be  deemed  to  prevent  the  appointment  to  the  regular 
force  of  a  city  of  a  call  fireman  who  has  been  a  call  member 
in  such  cit}^  for  more  than  five  years  prior  to  June  fifteenth, 
nineteen  hundred  and  fortj''-three. 

Approved  June  12,  1943. 


Appointment 
to  regular 
fire  forces 
in  certain 
cities. 


Chap. 531  An  Act  relative  to  the  taxation  of  life  insurance 

COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  sixty-three  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  twenty,  as  most  re- 
cently amended  by  section  five  of  chapter  five  hundred  and 
nine  of  the  acts  of  nineteen  hundred  and  forty-one,  and  in- 
serting in  place  thereof  the  following  section :  —  Section  20. 


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


Acts,  1943.  —  Chap.  531.  695 

Every  life  insurance  company,  as  defined  by  section  one  Taxation  of 
hundred  and  eighteen  of  chapter  one  hundred  and  seventy-  compa^^s.''^ 
five,  authorized  to  transact  business  in  the  commonwealth 
shall  annually  pay  an  excise,  as  determined  by  the  commis- 
sioner, of  two  per  cent  upon  all  new  and  renewal  premiums 
received  during,  the  preceding  calendar  year  for  all  policies 
allocable  to  this  commonwealth,  as  hereinafter  provided.  In 
the  case  of  a  foreign  life  insurance  company,  the  policy  shall 
be  deemed  to  be  allocable  to  this  commonwealth  if  the  in- 
sured is  a  resident  of  the  commonwealth  at  the  time  of  pay- 
ment of  the  premium  therefor.  In  the  case  of  a  domestic 
life  insurance  company,  the  policy  shall  be  deemed  to  be 
allocable  to  this  commonwealth  unless  the  insured  at  the 
time  of  payment  of  the  premium  therefor  is  a  resident  of  a 
state  or  country  to  which  such  company  actually  pays  an 
insurance  excise. 

The  word  "premiums"  as  used  in  this  section  shall  include  '^^/j^'^''*"'^" 
all  amounts  received  as  consideration  for  life  insurance  poli- 
cies without  deduction  for  amounts  paid  to  other  companies 
for  reinsurance  and  shall  include  dividends  applied  to  pur- 
chase additional  insurance  or  to  shorten  the  premium  paying 
period.  In  the  case  of  domestic  life  insurance  companies 
only,  it  shall  include  amounts  received  as  consideration  for 
annuity  contracts  which  shall  be  deemed  to  be  allocable  in 
the  same  manner  as  policies  of  life  insurance.  In  determin- 
ing the  amount  of  the  excise  payable  hereunder  there  shall 
be  deducted,  to  the  extent  that  they  are  properly  allocable 
to  premiums  taxable  hereunder,  (a)  all  premiums  returned 
to  policyholders  during  said  preceding  calendar  year  but  not 
including  cash  surrender  values,  and  (6)  dividends  which  dur- 
ing said  year  have  been  paid  or  credited  to  policyholders  or 
applied  to  purchase  additional  insurance  or  to  shorten  the 
premium  paying  period. 

All  premiums  received  b}^  any  life  insurance  company  for  ^j'^^^^^^^'^JJ 
contingencies  of  any  character  insured  against  by  such  com-  premiums. 
pany  under  authority  of  clause  sixth  of  section  forty-seven 
of  chapter  one  hundred  and  seventy-five  shall  be  excluded, 
except  as  hereinafter  provided,  from  taxation  under  this  sec- 
tion and  shall  be  taxable  under  sections  twenty-two  and 
twenty-three  of  this  chapter.  All  premiums  received  by  any 
such  company  for  provisions  for  total  and  permanent  disa- 
bihty  or  accidental  death  benefit  incorporated  in  policies  or 
,  contracts  under  section  twenty-four  of  said  chapter  one  hun- 
dred and  seventy-five  or  any  supplemental  poficies  issued 
under  said  section  twenty-four  shall  be  taxable  under  this 
section. 

Every  life  insurance  company  shall  annually,  on  or  before  ^^nnud 
March  first,  make  a  return  to  the  commissioner  on  oath  of  '*"  "'"^ 
its  president  or  secretary  and  its  actuary,  in  such  form  and 
containing  such  information  as  the  commissioner  may  deem 
necessary  for  the  determination  of  the  tax  due  under  this 
section  and  under  section  twenty-one. 


696 


Acts,  1943.  —  Chap.  531. 


Excise  on 
net  value  of 
policies  rather 
than  on 
premiums. 


Tax  when 
premium 
excise  less 
than  excise 
on  net  value 
of  policies. 


Section  2.  Any  life  insurance  company,  authorized  to 
transact  business  in  the  commonwealth  on  December  thirty- 
first,  nineteen  hundred  and  forty-three,  which  would  be  re- 
quired under  section  twenty  of  chapter  sixty-three  of  the 
General  Laws,  as  amended  by  section  one  of  this  act,  to  pay 
a  premium  excise  greater  than  an  excise  upon  the  net  value 
of  its  policies  under  said  section  twenty  as  effective  on  said 
date,  in  the  year  nineteen  hundred  and  forty-four  and  in 
any  subsequent  consecutive  year,  in  lieu  of  the  two  per  cent 
premium  excise  as  provided  in  said  section  twenty,  as 
amended  by  section  one  of  this  act,  shall,  except  as  herein- 
after provided,  annually  pay  the  excise  upon  the  net  value 
of  policies  imposed  by  said  section  twenty  as  effective  on 
December  thirty-first,  nineteen  hundred  and  forty-three. 
Said  excise  shall  be  paid  for  each  year  until  the  year  for  which 
the  amount  thereof  equals  or  exceeds  the  amount  of  the 
premium  excise  imposed  by  said  section  twenty,  as  amended 
by  section  one  of  this  act,  and  for  that  year  and  annually 
thereafter  such  company  shall  pay  an  excise  on  the  premium 
basis.  All  the  provisions  of  said  chapter  sixty-three  as  effec- 
tive on  December  thirty-first,  nineteen  hundred  and  forty- 
three,  applicable  to  the  excise  imposed  by  said  section  twenty 
as  then  effective,  shall  continue  to  apply  to  the  excise  pay- 
able under  the  authority  of  this  section  upon  the  basis  of 
net  value,  and  to  any  life  insurance  company  liable  to  said 
excise. 

Section  3.  Any  life  insurance  company,  authorized  to 
transact  business  in  the  commonwealth  on  December  thirty- 
first,,  nineteen  hundred  and  forty-three,  which  would  be  re- 
quired under  section  twenty  of  chapter  sixty-three  of  the 
General  Laws,  as  amended  by  section  one  of  this  act,  to  pay 
a  premium  excise  less  than  an  excise  upon  the  net  value  of 
its  policies  under  said  section  twenty  as  effective  on  said 
date,  in  the  year  nineteen  hundred  and  forty-four  and  in  any 
subsequent  consecutive  year,  in  lieu  of  the  two  per  cent  pre- 
mium excise  as  provided  in  said  section  twenty,  as  amended 
by  section  one  of  this  act,  shall,  except  as  hereinafter  pro- 
vided, annually  pay  an  excise  of  one  quarter  of  one  per  cent 
computed  upon  said  net  value  of  all  policies  in  force  on  De- 
cember thirty-first,  nineteen  hundred  and  forty-three,  issued 
or  assumed  by  such  company  on  the  lives  of  residents  of  this 
commonwealth,  or  upon  a  lesser  amount  as  determined  by 
the  commissioner  of  corporations  and  taxation  if,  by  reason 
of  the  cessation  of  business,  the  net  value  of  all  policies  in 
force  on  the  lives  of  Massachusetts  residents  on  any  subse- 
quent December  thirty-first  is  less  than  the  net  value  of  such 
policies  in  force  on  December  thirty-first,  nineteen  hundred 
and  forty-three.  Such  excise  shall  be  paid  for  each  year  un- 
til the  year  for  which  the  amount  of  the  premium  excise  im- 
posed by  section  twenty,  as  amended  by  section  one  of  this 
act,  equals  or  exceeds  such  excise  upon  the  basis  of  net  value, 
and  for  that  year  and  annually  thereafter  such  company 
shall  pay  such  premium  excise.    All  the  provisions  of  said 


Acts,  1943.  —  Chap.  531.  697 

chapter  sixty-three  as  effective  on  December  thirty-first, 
nineteen  hundred  and  forty-three,  apphcable  to  the  excise 
imposed  by  said  section  twenty  as  then  effective,  shall  ex- 
cept as  herein  modified  continue  to  apply  to  the  excise  pay- 
able under  the  authority  of  this  section  upon  the  basis  of 
net  value,  and  to  any  life  insurance  company  liable  to  said 
excise. 

Section  4.  Section  twenty-four  of  said  chapter  sixty-  g.  l.  (Xer. 
three,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  amendTd.^  ^*' 
amended  by  striking  out,  in  the  second  line,  the  word 
"twenty-one,",  —  so  as  to  read  as  follows:  —  Section  ^4-  ^'^'^"<=*^^°"^- 
In  determining  the  amount  of  the  tax  payable  under  sec- 
tions twenty-two  and  twenty-three,  there  shall  be  deducted 
all  premiums  on  policies  written  but  not  taken,  or  cancelled 
through  default  of  payment,  and  all  premiums  returned  or 
credited  to  policyholders  during  the  year  for  which  the  tax 
is  determined,  provided  that  all  such  premiums  have  been 
included  as  premium  receipts  in  a  return  made  under  the 
following  section  and  a  tax  assessed  thereon,  and  all  pre- 
miums paid  to  authorized  companies  for  reinsurance,  pro- 
vided that  it  is  shown  to  the  satisfaction  of  the  commis- 
sioner that  the  tax  on  such  premiums  has  been  or  will  be 
paid  in  full  by  such  reinsuring  company. 

Section  5.     Section  twenty-five  of  said  chapter  sixty-  G- l.  (Ter. 
three,  as  so  appearing,  is  hereby  amended  by  striking  out,  amended.      ' 
in  the  second  line,  the  word  "twenty-one,",  —  so  as  to  read 
as  follows :  —  Section  25.    Every  insurance  company  liable  Returns  of 
to  taxation  under  section  twenty-two  or  twentj'-three  shall,  and  othe"*^ 
annually  in  January  make  a  return  to  the  commissioner  in  '"^'^''^"^1 

ic  1  111  •!  !/••  companies. 

such  form  as  he  shall  prescribe,  on  oath  of  its  secretary  or 
other  officer  having  knowledge  of  the  facts,  setting  forth: 
if  a  domestic  company,  the  total  amount  of  gross  premiums 
for  all  policies  written  or  renewed,  of  all  additional  premiums 
charged  and  of  all  assessments  made,  during  the  preceding 
calendar  year,  and  the  amount  of  each  class  of  deductions 
claimed  under  any  provision  of  this  chapter;  if  a  foreign 
company,  the  total  amount  of  gross  premiums  for  all  poli- 
cies written  or  renewed,  of  all  additional  premiums  charged 
and  of  all  assessments  made,  during  the  preceding  calendar 
year  for  insurance  of  property  or  interests  in  this  common- 
wealth, or  which  are  subjects  of  insurance  by  contracts  is- 
sued through  companies  or  agents  therein,  and  the  amount 
of  each  class  of  deductions  claimed  under  any  provision  of 
this  chapter,  and  in  addition  to  the  above  any  information 
which  the  commissioner  may  require  in  assessing  an  excise 
under  any  provision  of  law. 

For  cause,  the  commissioner  may  extend  the  time  within 
which  any  such  statement  may  be  filed,  but  not  to  a  date 
later  than  March  first. 

Section  6.     Said  chapter  sixty-three  is  hereby  further  g.l.  (Tor. 
amended  by  striking  out  section  twent^'^-eight,  as  most  re-  §  28,'  etc., 
cently  amended  by  section  six  of  said  chapter  five  hundred  amended. 
and  nine,  and  inserting  in  place  thereof  the  following  sec- 


698 


Acts,  1943.  —  Chap.  532. 


Payment  of, 
excise,  etc. 


Assessment 
and  notice. 


Interest. 


Application 
for  correction 
of  excise. 


Effective 
date. 


tion :  —  Section  28.  Every  life  insurance  company  liable  to 
taxation  under  section  twenty  shall  pay  to  the  commissioner 
at  the  time  fixed  for  filing  its  return  by  said  section  the 
amount  of  the  excise  thereby  imposed  and  the  amount  of 
the  retaliatory  tax  imposed  by  section  twenty-one  if  such 
company  is  also  liable  to  taxation  thereunder.  As  soon  as 
may  be,  the  commissioner  from  the  return  required  by  sec- 
tion twenty  and  from  such  other  evidence  as  he  may  obtain 
shall  make  assessment  of  such  excise,  giving  to  each  such 
company  notice  of  the  correct  amount  thereof. 

The  commissioner  shall  assess  upon  all  insurance  com- 
panies liable  to  taxation  under  sections  twenty-two  and 
twenty-three  the  excise  thereby  imposed,  and  shall  forth- 
with upon  making  such  assessment  give  to  every  such  com- 
\)Miy  notice  of  the  amount  thereof.  Such  excise  shall  be- 
come due  and  payable  to  the  commissioner  thirty  days  after 
the  date  of  such  notice  but  not  later  than  June  first. 

All  taxes  or  any  portion  thereof  not  paid  when  due  shall 
bear  interest  at  the  rate  of  six  per  cent  per  annum  from 
the  date  payable  until  June  first  and,  whether  assessed  be- 
fore or  after  June  first,  shall  bear  interest  at  the  rate  of 
twelve  per  cent  per  annum  from  June  first  until  they  are 
paid. 

Withm  sixty  days  after  date  of  notice  of  assessment,  any 
insurance  company  may  apply  to  the  commissioner  for  a 
correction  of  its  excise,  and  in  default  of  settlement  may, 
upon  application  within  thirty  days  of  the  date  of  notifica- 
tion of  the  commissioner's  decision,  be  heard  thereon  by  the 
appellate  tax  board.  If  abatement  of  an  excise  paid  is 
granted,  the  overpayment  with  interest  thereon  at  the  rate 
of  six  per  cent  per  annum  from  the  date  of  payment  shall 
be  refunded  to  the  company  by  the  state  treasurer  without 
any  appropriation  therefor  by  the  general  court. 

Section  7.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  forty-four. 

Approved  June  12,  1943. 


Chap.5S2  An  Act  relative  to  general  or  blanket  policies  of 

ACCIDENT    OR    HEALTH    INSURANCE    FOR    THE    BENEFIT    OF 
MEMBERS   OF  TRADE   UNIONS  AND   OTHERS. 

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  one 
hundred  and  ten,  as  most  recently  amended  by  section  three 
of  chapter  four  hundred  and  twenty-four  of  the  acts  of  nine- 
teen hundred  and  forty-three,  and  inserting  in  place  thereof 
the  following  section:  —  Section  110.  Nothing  in  sections 
one  hundred  and  eight  and  one  hundred  and  nine  shall  be 
construed  to  apply  to  or  affect  or  prohibit  the  issue  of  any 
general  or  blanket  policy  of  insurance  to  (a)  any  employer, 
whether  an  individual,  association,  copartnership,  or  cor- 


G.  L.  (Ter. 
Ed.),  17.5, 
§  110,  etc., 
amended. 


Sections  108 
and  109  not 
applicable 
to  certain 
policies. 


Acts,  1943.  — Chap.  532.  699 

poration,  or  (b)  any  municipal  corporation  or  any  depart- 
ment thereof  not  referred  to  in  (c),  or  (c)  any  police  or  fire 
department,  or  (d)  any  college,  school  or  other  institution  of 
learning,  or  the  head  or  principal  thereof,  or  (e)  any  organiza- 
tion for  health,  recreational  or  military  instruction  or  treat- 
ment, or  (/)  any  underwriters'  corps,  salvage  bureau  or  like 
organization,  or  (g)  any  trade  union,  under  which  the  ofiicers, 
members  or  employees,  or  classes  or  departments  thereof, 
or  the  students  or  patients  thereof,  as  the  case  may  be,  are 
insured  against  loss  or  damage  from  disease  or  specified  ac- 
cidental bodily  injuries  or  death  caused  by  such  injuries,  con- 
tracted or  sustained  while  exposed  to  the  hazards  of  the  occu- 
pation, the  course  of  instruction  or  treatment,  or  otherwise, 
for  a  premium  intended  to  cover  the  risks  of  all  persons  in- 
sured under  such  policy.  A  policj^  on  which  the  premiums  General  or 
are  paid  by  the  employer  and  the  employees  jointly,  or  by  polfcy^ 
the  employees,  and  the  benefits  of  which  are  offered  to  all 
eligible  employees,  and  insuring  not  less  than  seventy-five 
per  cent  of  such  employees,  or  the  members  of  an  association 
of  such  employees  if  the  members  so  insured  constitute  not 
less  than  seventy-five  per  cent  of  all  eligible  employees,  shall 
be  deemed  a  general  or  blanket  policy  within  the  meaning  of 
this  section.  When  the  premium  is  to  be  paid  by  the  trade 
union  and  its  members  jointly,  or  by  its  members,  and  the 
benefits  of  the  policy  are  offered  to  all  members,  not  less  than 
seventy-five  per  cent  of  such  members  may  be  so  insured. 

(1)  The  employer,  whether  an  individual,  corporation, 
co-partnership  or  association,  or  a  municipal  corporation  or 
department  thereof  including  a  police  or  fire  department,  in 
case  of  such  a  general  or  blanket  policy  issued  by  a  domestic 
mutual  life  company  to  such  employer,  or  (2)  the  college, 
school  or  other  institution  of  learning,  in  case  of  such  a  policy 
so  issued  to  such  institution,  or  (3)  the  head  or  principal  of 
the  college,  school  or  other  institution  of  learning,  in  case  of 
such  a  policy  so  issued  to  the  head  or  principal  of  such  institu- 
tion, or  (4)  such  person  as  the  organization  for  health,  recrea- 
tion or  military  instruction  or  treatment,  the  underwriters' 
corps,  salvage  bureau  or  like  organization  or  the  trade  union 
shall  designate,  in  case  of  such  a  policy  so  issued  to  such 
organization  or  union,  shall  alone  be  a  member  of  the  com- 
pany and  entitled  to  one  vote  by  virtue  of  such  policy  at  the 
meetings  of  the  company. 

Nothing  in  sections  one  hundred  and  eight  and  one  hun- 
dred and  nine  shall  be  construed  to  apply  to  or  affect  or  pro- 
hibit the  issue  of  any  general  or  blanket  policy  of  insurance 
to  any  association  of  state,  county  or  inunicipal  employees 
who  are  regularly  and  permanently  employed  by  the  com- 
monwealth, a  county  or  a  municipality  and,  if  employed  by 
the  commonwealth  or  the  city  of  Boston  are  paid  by  a  com- 
mon pajanai-ter,  as  defined  in  section  one  hundred  and  thirty- 
three,  and  are  ehgible  for  membership  in  the  retirement  asso- 
ciation for  the  employees  of  the  commonwealth  or  of  the  city 
of  Boston,  or  to  an  association  of  employees  of  two  or  more 


700 


Acts,  1943.  —  Chap.  532. 


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


Mutual  life 

companies. 

Members. 

Proxies. 

Directors. 


municipalities  within  one  county  who  are  regularly  and  per- 
manently employed  by  one  or  more  such  municipalities, 
insuring  the  members  of  the  association  against  loss  or  dam- 
age from  disease  or  specified  accidental  bodily  injuries  or 
death  caused  by  such  injuries,  contracted  or  sustained  while 
exposed  to  the  hazards  of  their  occupation,  for  a  premium 
intended  to  cover  the  risks  of  all  the  persons  insured  under 
such  policy.  No  person  shall  be  eligible  for  coverage  under 
such  a  policy  as  a  member  of  more  than  one  such  association. 
A  policy  on  which  the  premium  is  paid  by  the  members  of 
the  association  and  the  benefits  of  which  are  offered  to  all  its 
members,  and  insuring  not  less  than  fifty  members  and  sev- 
enty-five per  cent  of  all  persons  eligible  for  membership  in 
the  association  shall  be  deemed  to  be  a  general  or  blanket 
policy  within  the  meaning  of  this  section. 

The  provisions  of  section  one  hundred  and  thirty-eight  A 
shall  apply  to  deductions  on  pay-roll  schedules  from  the  sal- 
ary of  any  state,,  county  or  municipal  employee  for  the  pay- 
ment of  premiums  on  a  general  or  blanket  policy  issued  to 
such  an  association  of  state,  county  or  municipal  employees. 

Any  blanket  or  general  policy  issued  under  this  section 
to  an  employer  or  to  an  association  of  state,  county  or 
municipal  employees  may  also  insure  the  dependents  of  em- 
ployees or  members  insured  thereunder,  in  respect  to  medical, 
surgical  and  hospital  expenses. 

Section  2.  The  first  paragraph  of  section  ninety-four  of 
said  chapter  one  hundred  and  seventy-five,  as  most  recently 
amended  bj'^  section  two  of  chapter  two  hundred  and  eighteen 
of  the  acts  of  nineteen  hundred  and  thirty-eight,  is  hereby 
further  amended  by  inserting  after  the  word  "and"  in  the 
thirteenth  line  the  words :  —  ,  except  as  provided  in  section 
one  hundred  and  ten,  —  so  as  to  read  as  follows: —  Except 
as  provided  in  this  section  and  in  sections  thirty-six  and 
one  hundred  and  thirty-seven,  every  person  insured  under  a 
policy  of  life  or  endowment  insurance  issued  by  a  domestic 
mutual  life  company  shall  be  a  member  thereof  and  entitled 
to  one  vote,  and  one  vote  additional  for  each  five  thousand 
dollars  of  insurance  in  excess  of  the  first  five  thousand  dol- 
lars, every  person  holding  an  annuity  or  pure-  endowment 
contract  issued  by  any  such  company  shall  be  a  member 
thereof  and  entitled  to  one  vote  and,  in  the  case  of  an  an- 
nuity contract,  one  vote  additional  for  each  one  hundred 
and  fifty  dollars  of  annual  annuity  income  in  excess  of  the 
first  one  hundred  and  fifty  dollars,  and,  except  as  provided 
in  section  one  hundred  and  ten,  every  person  insured  under 
any  policy  of  insurance  issued  by  any  such  company  under 
clause  sixth  of  section  forty-seven  shall  be  a  member  thereof 
and  entitled  to  one  vote.  Holders  of  such  policies  or  con- 
tracts shall  be  notified  of  the  annual  meetings  of  the  com- 
pany by  written  notice,  or  by  an  imprint  in  the  form  pre- 
scribed by  section  seventy-six  upon  the  filing  back  of  its 
policies  or  contracts,  or,  in  the  case  of  policies  upon  which 


Acts,  1943.  —  Chaps.  533,  534.  701 

premiums  are  payable  monthly  or  oftener,  on  some  other 
prominent  place  on  each  policy,  and  also  upon  premium  re- 
ceipts or  certificates  of  renewal.    Approved  June  12,  1943. 


Chap. 533 


An  Act  restricting  the  operation  of  a  law  passed  in 
the  current  year  relative  to  the  taking  of  lob- 
sters and  edible  crabs  from  the  coastal  waters  of 
essex  county. 

Be  it  enacted,  etc.,  as  folloics: 

Section  1.    Section  thirty-seven  of  chapter  one  hundred  r,,  ^^- { Jo^""- 
and  thirty  of  the  General  Laws,  as  most  recently  amended  §37,' etc.,' 
by  chapter  one  hundred  and  forty-nine  of  the  acts  of  the  '""^"'  ^^ ' 
current  year,  is  hereby  further  amended  by  striking  out  the 
paragraph  amended  by  said  chapter  one  hundred  and  forty- 
nine  and  inserting  in  place  thereof  the  following  paragraph :  — 

In  the  waters  of  Dukes  county,  and  of  Marblehead  and  potsf\"|p8_  ^^^ 
Swampscott  in  Essex  county,  no  such  pot,  trap  or  other 
contrivance  shall  be  buoyed  otherwise  than  separately  and 
plainly. 

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


Approved  June  12,  1943.      ^^*'- 


An  Act  making  certain  changes  in  the  employment  Chav.634: 

SECURITY   law. 

Whereas,  The  deferred  operation  of  this  act  would  tend  p^'^ambfe''^ 
to  defeat  one  of  its  principal  purposes  which  is  to  make 
available  immediately  during  the  present  emergency  in- 
creased benefits  under  the  employment  security  law,  to 
be  computed  from  April  first  of  the  current  year,  there- 
fore 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  fourteen  of  chapter  one  hundred  and  EdJ,i5iA 
fifty-one  A  of  the  General  Laws,  as  appearing  in  section  one  ^^i^;^!*^- 
of  chapter  six  hundred  and  eighty-five  of  the  acts  of  nine-  '''"''" 
teen  hundred  and  forty-one,  is  hereby  amended  by  striking 
out  subsection  (b)  (2)  and  inserting  in  place  thereof  the  fol- 
lowing subsection :  — 

(2)  When,  in  any  calendar  year,  beginning  not  earlier  j^^'^^kerjs  ^^  _ 
than  nineteen  hundred  and  thirty-nine,  a  worker  is  defined.'"'^'"' 
paid  benefits  for  the  first  compensable  week  of  unemploy- 
ment with  respect  to  the  benefit  year  to  which  the  claim 
applies,  his  wages  from  each  employer  during  his  base  period 
shall  be  termed  "worker's  benefit  wages"  and  shall  be 
treated  for  the  purposes  of  this  subsection  as  if  they  had 
been  paid  in  the  year  in  which  the  first  week  of  benefits  is 
paid.  "Worker's  benefit  wages"  when  used  with  respect 
to  benefits  paid  for  the  first  compensable  week  of  unem- 


702 


Acts,  1943. —  Chap.  534. 


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

Merger,  con- 
solidation, 
etc.,  of 
employing 
units. 


ployment  on  claims  originally  arising  in  the  year  nineteen 
hundred  and  thirty-nine  or  in  the  years  nineteen  hundred 
and  forty,  nineteen  hundred  and  forty-one,  nineteen  hun- 
dred and  forty-two  and  prior  to  April  first,  nineteen  hundred 
and  forty-three,  shall  include  the  wages  not  in  excess  of  one 
thousand  dollars  in  those  quarters  upon  which  the  benefits 
available  to  the  claimant  were  computed,  assignable  to  its 
respective  year  of  nineteen  hundred  and  thirty-nine  to  nine- 
teen hundred  and  forty-three,  inclusive,  in  accordance  with 
this  subsection.  For  the  purposes  of  this  subsection,  and 
effective  as  of  April  first,  nineteen  hundred  and  forty-three, 
benefit  wages  charged  against  each  employer  shall  include 
only  that  part  of  wages  not  in  excess  of  twelve  hundred  dol- 
lars paid  by  him  in  a  base  period. 

Section  1A.  Section  fourteen  of  said  chapter  one  hun- 
dred and  fifty-one  A  is  hereby  amended  by  inserting  after 
subsection  fourteen  (6)  the  following :  — 

14.  (c)  For  the  purposes  of  this  section,  when  the  em- 
ploying enterprises  of  an  employer  or  employers  are  con- 
tinued solely  and  without  interruption  by  an  employing  unit 
not  previously  subject  to  this  chapter,  the  contribution  rec- 
ord of  the  predecessors  and  the  record  of  workers'  benefit 
wages  which  were  charged  or  would  have  been  charged  to 
the  predecessor  employer  or  employers,  if  no  change  in  legal 
identity  or  form  had  occurred,  shall  cease  to  be  the  records 
of  the  predecessor  employer  and  shall  become  part  of  the 
records  of  the  successor  employing  unit  in  determining  his 
benefit  wage  ratio  in  the  following  cases: 

1.  Where  two  or  more  employers  are  consolidated  into  a 
new  employing  unit. 

2.  Where  a  new  employing  unit  consisting  of  one  or  more 
of  the  former  partners  or  one  or  more  of  the  former  partners 
and  one  or  more  individuals  so  succeeds  to  the  employing 
enterprises  of  the  previous  partnership. 

3.  Where  a  partnership  of  which  the  individual  is  a  mem- 
ber so  succeeds  to  the  employing  enterprises  formerly  car- 
ried on  by  that  individual. 

4.  Where  a  receiver,  trustee,  executor,  administrator  or 
other  officer  under  designation  or  approval  of  a  court  for 
the  purposes  of  carrying  on  pending  liquidation  or  reorgani- 
zation as  such,  so  succeeds  to  the  employing  enterprises  car- 
ried on  by  his  predecessor. 

Provided,  however,  that  in  each  instance,  except  item  4 
above,  the  succeeding  employing  unit  shall  have  guaranteed 
to  the  director  payment  of  all  contributions  required  of  the 
predecessors;  and  provided,  further,  that  for  the  balance  of 
the  calendar  year  in  wliich  any  such  change  of  identity  or 
form  occurs  the  contribution  rate  of  the  succeeding  employ- 
ing unit  shall  be  the  rate  applicable  to  the  predecessor  or 
predecessors  except  under  item  1  above  when  for  the  balance 
of  such  year  the  rate  shall  be  2.7%. 

The  provisions  of  this  subsection  shall  apply  in  determin- 
ing the  contribution  rates  of  employers  for  the  year  nineteen 


Acts,  1943. —  Chap.  534. 


703 


hundred  and  forty-two  and  for  subsequent  years  provided 
that  the  successor  employing  unit  has  filed  with  the  director 
a  notice  of  such  change  in  legal  identity  or  form  of  the  em- 
ployer or  employers,  such  notice  to  be  filed  in  the  form  and 
mannet  prescribed  by  the  director  within  three  months  after 
the  date  on  which  this  act  becomes  effective,  or  within  two 
months  after  the  last  day  of  the  quarter  in  which  said  change 
occurred,  whichever  is  later. 

The  provisions  of  this  subsection  shall  not  apply  where 
an  employer  acquires  the  employing  enterprises  of  another 
employing  unit. 

Section  IB.  The  designations  of  subsections  (c)  and  (d) 
of  said  section  fourteen  are  hereby  changed  to  subsections 
(d)  and  (e),  respectively. 

Section  2.  Said  chapter  one  hundred  and  fifty-one  A  is 
hereby  further  amended  by  striking  out  the  period  at  the 
end  of  section  eight,  as  so  appearing,  and  inserting  in  place 
thereof  the  following :  —  ;  or 

(g)  Has  taken  under  designation  of  a  court  temporary  or 
permanent  control  or  custody  of  the  organization,  trade  or 
business,  or  substantially  all  the  assets,  of  an  employer  sub- 
ject to  this  chapter  and  employs  one  or  more  individuals 
whose  wages  are  paid  from  or  are  chargeable  upon  the  assets 
or  estate  of  said  employer;  or 

(h)  Has  taken  under  an  assignment  or  agreement  of  parties 
temporary  or  permanent  control  or  custody  of  the  organiza- 
tion, trade  or  business,  or  substantially  all  the  assets,  of  an 
employer  subject  to  this  chapter  and  employs  one  or  more 
individuals  whose  wages  are  paid  from  or  are  chargeable 
upon  the  assets  or  estate  of  said  employer. 

Section  3.  Section  twenty-three  of  said  chapter  one 
hundred  and  fifty-one  A,  as  so  appearing,  is  hereby  further 
amended  by  striking  out  subsection  (e). 

Section  4.  Said  chapter  one  hundred  and  fifty-one  A  is 
hereby  further  amended  by  striking  out  section  thirty-three, 
as  so  appearing. 

Section  5.  Effective  as  of  April  first,  nineteen  hundred 
and  forty-three,  said  chapter  one  hundred  and  fifty-one  A 
is  hereby  further  amended  by  striking  out  section  twenty- 
nine  (a),  as  so  appearing,  and  inserting  in  place  thereof  the 
following: —  Section  29.  (a)  An  individual  in  total  unem- 
ployment and  otherwise  eligible  for  benefits  shall  be  paid  for 
each  week  of  unemployment  an  amount  based  on  the  highest 
quarterly  wage  of  his  base  period  as  provided  in  the  follow- 
ing table :  — 


Designations 
of  subsections 
(c)  and  (d), 
changed. 

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


Employers, 
who  are. 


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

G.  L.  (Ter. 
Ed.),  151A, 
§  33,  etc., 
stricken  out. 

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


Weekly  bene- 
fit rates. 


Total  Wages  earned 
in  Highest  Quarter. 

.1119  99  or  less  . 
120  00-$ 139  99 
140  00-  159  99 
160  on-  179  99 
180  00-  199  99 
200  00-  219  99 
220  00-  239  99 


Weekly 
Benefit 
Rate. 

$6  00 

7  00 

8  00 

9  00 

10  00 

11  00 

12  GO 


704 


Acts,  1943.  —  Chap.  534. 


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

Review  in 
district  court. 
Petition,  etc. 


Total  Wages  earned 
in  Highest  Quarter. 

$240  00-$259  99 
260  00-  279  99 
280  00-  299  99 
300  00-  319  99 
320  00-  339  99 
340  00  and  over 


Weekly 
Benefit 
Rate. 

$13  00 

14  00 

15  00 

16  00 

17  00 

18  GO 


Section  6.  Said  chapter  one  hundred  and  fifty-one  A  is 
hereby  further  amended  by  striking  out  section  forty-two,  as 
so  appearing,  and  inserting  in  place  thereof  the  following  sec- 
tion :  —  Section  1^2.  The  director  or  any  interested  person 
aggrieved  by  any  decision  in  any  proceeding  before  the  board 
of  review  may  obtain  judicial  review  of  such  decision  by  fil- 
ing, within  twenty  days  of  the  date  of  mailing  of  such  de- 
cision, a  petition  for  review  thereof  in  the  district  court  within 
the  judicial  district  whereof  he  lives,  or  is  or  was  last  em- 
ployed, or  has  his  usual  place  of  business,  and  in  such  pro- 
ceeding every  other  party  to  the  proceeding  before  the  board 
shall  be  made  a  party  respondent.  The  petition  for  review 
need  not  be  verified  but  shall  state  the  grounds  upon  which 
such  review  is  sought.  The  director  shall  be  deemed  to  be 
a  party  to  any  such  proceeding.  It  shall  not  be  necessary 
as  a  condition  precedent  to  the  judicial  review  of  any  de- 
cision of  the  board  of  review  to  enter  exceptions  to  the  rul- 
ings of  such  board.  Upon  the  filing  of  a  petition  for  review 
by  an  aggrieved  party  other  than  the  director  a  notice  and 
copy  of  the  petition  shall  be  served  upon  the  director  by 
registered  mail  fourteen  days  at  least  before  the  return  day, 
and  at  the  same  time  there  shall  be  delivered  to  the  director 
as  many  copies  of  the  notice  and  petition  as  there  are  parties 
respondent.  With  his  answer  or  petition  the  director  shall 
file  with  the  court  a  certified  copy  of  the  decision  of  the 
board  of  review,  including  all  documents  and  papers  and  a 
transcript  of  all  testimony  taken  at  the  hearing  before  said 
board.  Upon  the  filing  of  a  petition  for  review  by  the  direc- 
tor or  upon  the  service  of  a  petition  on  him,  the  director 
shall  forthwith  send  by  registered  mail  to  each  other  party 
to  the  proceeding  a  copy  of  such  notice  and  petition,  and 
such  mailing  shall  be  deemed  to  be  completed  service  upon 
all  such  parties.  In  any  proceeding  under  this  section  the 
findings  of  the  board  of  review  as  to  the  facts,  if  supported 
by  any  evidence,  shall  be  conclusive,  and  the  court  shall 
render  a  decision  or  decree  in  accordance  with  such  findings. 
Any  proceeding  under  this  section  shall  be  heard  in  a  sum- 
mary manner  and  shall  be  given  precedence  over  all  other 
civil  cases.  An  appeal  may  be  taken  from  the  decision  of  the 
district  court  to  the  supreme  judicial  court.  Upon  the  final 
determination  of  such  judicial  proceeding  the  director  shall 
enter  an  order  in  accordance  with  the  terms  of  the  decision 
or  decree  terminating  such  proceeding. 

Approved  June  12,  1943. 


Acts,  1943.  —  Chap.  535.  705 


An  Act  to  meet  certain  contingencies  arising  in  con-  Chap. 535 

NECTION  WITH  THE  SERVICE  OF  PUBLIC  OFFICERS  AND 
EMPLOYEES  AND  CERTAIN  OTHER  PERSONS  IN  THE  CLASSI- 
FIED CIVIL  SERVICE  OF  THE  UNITED  STATES  AND  THE  COM- 
MONWEALTH OF  MASSACHUSETTS  DURING  THE  EXISTING 
STATE    OF   WAR. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  in  part  is  to  protect  the  rights  ^'^^^^^ 
of  certain  persons  in  the  classified  civil  service  of  the  United 
States  and  the  commonwealth  of  Massachusetts  during  the 
existing  state  of  war,  whose  employment  in  the  service  of 
the  division  of  employment  security  of  this  commonwealth 
was  terminated  by  reason  of  executive  order  number  8990, 
December  twenty-third,  nineteen  hundred  and  forty-one,  of 
the  President  of  the  United  States,  and  to  facilitate  their 
reinstatement  in  their  former  offices  or  positions  in  the  offi- 
cial service  of  the  commonwealth,  therefore  it  is  hereby  de- 
clared to  be  an  emergency  law,  necessary  for  the  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  (a)  All  employees,  except  as  otherwise  pro- 
vided in  this  section,  in  the  division  of  employment  security 
who  had  been  appointed  on  a  permanent  basis,  including 
employees  who  had  not  completed  their  probationary  period, 
and  whose  employment  in  the  service  of  the  commonwealth 
was  terminated  on  December  thirty-first,  nineteen  hundred 
and  forty-one,  by  reason  of  executive  order  number  8990, 
issued  by  the  President  of  the  United  States  on  December 
twenty-third,  nineteen  hundred  and  forty-one,  and  who,  for 
the  purpose  of  service  during  the  existing  state  of  war,  were 
inducted  into  the  United  States  employment  service,  shall 
be  reinstated  in  the  division  of  employment  security  or  its 
successor  providing  the  offices  or  positions  formerly  held  by 
them  are  reestablished  in  the  division  of  employment  secur- 
ity or  its  successor.  Such  reinstatement  shall  be  in  ac- 
cordance with  the  civil  service  laws  and  rules  of  the  com- 
monwealth and  shall  confer  upon  the  employees  the  full 
promotional  privileges  and  seniority  rights  which  would 
have  accrued  to  them  under  said  laws  and  rules  if  they 
had  remained  in  the  employ  of  said  division  of  employment 
security  or  its  successor. 

(h)  In  the  event  that  the  offices  or  positions  formerly  held 
by  them  in  the  division  of  employment  security  are  not  re- 
established in  said  division  or  its  successor,  they  may,  upon 
request  of  the  appointing  authority  and  the  approval  of  the 
director  of  civil  service,  be  reemployed  in  similar  positions 
in  the  division  of  employment  security  or  its  successor  or  in 
any  other  department  of  the  commonwealth.  If  such  ap- 
pointments are  made,  their  seniority  shall  be  determined  in 
accordance  with  the  civil  service  laws  and  rules  of  the  com- 
monwealth. 


706  Acts,  1943.  —  Chap.  535. 

(c)  In  the  event  that  there  are  no  offices  or  positions  va- 
cant in  the  division  of  employment  security  or  its  successor 
or  in  any  other  department,  board  or  commission  of  the 
commonwealth  at  the  time  of  the  termination  of  their  em- 
ployment in  the  United  States  employment  service  or  its 
successor,  their  names  shall  be  placed  on  a  special  list 
in  accordance  with  the  provisions  of  the  civil  service  laws 
and  rules  of  the  commonwealth. 

(d)  Paragraphs  (a),  (6)  and  (c)  shall  apply  to  employees 
who  have  served  in  the  United  States  employment  service 
or  its  successor  continuously  since  their  induction  under  said 
executive  order  number  8990,  or  whose  services  have  been 
terminated  without  fault  or  delinquency  on  their  part,  or 
who  have  terminated  their  services  with  the  United  States 
employment  service  or  its  successor  for  the  express  purpose 
of  accepting  an  offer  of  reinstatement  or  reemployment  in 
the  division  of  employment  security,  or  who  were  ordered 
or  transferred  without  their  consent  to  some  other  position 
in  the  United  States  civil  service  from  the  United  States  em- 
ployment service  or  its  successor  after  they  were  inducted 
into  the  United  States  employment  service  by  said_^execu- 
tive  order  number  8990. 

(e)  All  persons  referred  to  in  paragraphs  (a),  (6),  (c)  and 
(d)  shall  be  entitled  to  all  rights  and  privileges  provided  by 
chapter  seven  hundred  and  eight  of  the  acts  of  nineteen  hun- 
dred and  forty-one,  as  amended;  provided,  that  they  would 
have  been  subject  to  the  provisions  of  said  chapter  seven 
hundred  and  eight,  as  amended,  had  they  remained  in  the 
service  of  the  division  of  employment  security  or  its  suc- 
cessor; and  provided,  further,  that  the  same  or  similar  po- 
sitions are  reestablished  in  the  division  of  employment 
security  or  its  successor  or  exist  in  some  other  department, 
board  or  commission  of  the  commonwealth. 

(/)  An  employee,  as  referred  to  in  paragraph  (a),  who  is 
transferred  with  his  consent  to  some  other  position  in  the 
United  States  civil  service  from  the  United  States  employ- 
ment service  or  its  successor  after  he  was  inducted  into  the 
United  States  employment  service  by  said  executive  order 
number  8990  shall,  at  the  time  of  termination  of  his  employ- 
ment in  the  United  States  civil  service,  have  his  name  placed 
on  a  special  list  in  accordance  with  the  provisions  of  the  civil 
service  laws  and  rules  of  the  commonwealth;  provided,  that 
such  termination  is  without  fault  or  delinquency  on  his  part; 
and  provided,  further,  that  such  employee  makes  application 
for  the  placement  of  his  name  on  such  special  list  within 
sixty  days  after  the  termination  of  his  employment  in  such 
other  position  in  the  United  States  civil  service. 

(g)  The  director  of  civil  service  shall  for  the  purpose  of 
this  section  make  all  determinations  as  to  whether  an  em- 
ployee's services  were  terminated  without  fault  or  delin- 
quency on  his  part  or  whether  or  not  a  transfer  has  been 
with  his  consent  or  without  his  consent. 


Acts,  1943.  —  Chap.  535. 

Section  1A.  Any  person  referred  to  in  paragraphs  (a), 
(b),  (c)  and  (d)  of  section  one  who,  during  his  employment 
in  the  United  States  employment  service,  or  its  successor,  is 
promoted. to  a  higher  position,  and  said  promotion  is  made 
in  conformance  with  the  provisions  of  the  civil  service  laws 
and  rules  of  the  commonwealth,  may,  upon  the  request  of 
the  director  of  said  division  of  employment  security  and 
with  the  approval  of  the  director  of  civil  service,  be  reem- 
ployed in  the  same  or  similar  position  in  said  division  of 
employment  security.  The  seniority  of  such  persons  shall 
be  established  in  accordance  with  the  civil  service  laws  and 
rules  of  the  commonwealth.  The  provisions  of  this  section 
shall  in  no  way  affect  any  rights  and  privileges  granted  to 
persons  under  section  one  of  this  act. 

P  Section  2.  Whenever  a  person  is  certified  for  appoint- 
ment to  the  United  States  employment  service  or  its  suc- 
cessor, in  accordance  with  the  civil  service  laws  and  rules  of 
the  commonwealth,  for  the  duration  of  the  war,  and  such 
person  has  served  a  probationary  period,  and  his  employ- 
ment is  terminated  without  fault  or  delinquency  of  his  own, 
his  name  shall  be  placed  upon  a  special  list  in  accordance 
with  the  civil  service  laws  and  rules  of  the  commonwealth. 
Such  person,  upon  the  request  of  the  appointing  authority 
and  with  the  approval  of  the  director  of  civil  service,  may 
be  appointed  to  the  same  or  similar  position  in  the  classi- 
fied service.  Any  rights,  if  he  is  so  appointed,  that  he  would 
be  entitled  to  under  the  civil  service  laws  and  rules  of  the 
commonwealth  if  he  had  been  appointed  in  the  first  instance 
to  said  division  of  employment  security  rather  than  to  the 
United  States  employment  service,  shall  be  credited  or  avail- 
able to  him  from  the  date  of  his  appointment  to  said  United 
States  employment  service  during  the  existing  state  of  war. 
If  he  is  appointed  to  any  other  department,  his  seniority 
shall  be  determined  in  accordance  with  the  civil  service  laws 
and  rules  of  the  commonwealth. 

Section  3.  (a)  Any  person  referred  to  in  section  one 
shall,  when  reinstated,  appointed  or  reemployed  in  his  for- 
mer position  or  in  a  similar  position,  as  provided  by  this 
act,  be  restored  to  full  status  under  the  contributory  retire- 
ment system  or  any  other  pension  or  retirement  law  under 
which  he  had  actual  or  inchoate  rights  at  the  time  of  the 
termination  of  his  employment  in  the  service  of  said  division 
of  employment  security,  and  shall  receive  credit  for  his  full 
service  while  he  was  a  member  of  the  federal  and  state  re- 
tirement systems  if  his  accumulated  deductions  in  the  state 
retirement  system  have  not  been  withdrawn,  or  if  he  pays 
into  the  annuity  savings  fund  of  said  state  retirement  sys- 
tem, as  provided  by  chapter  thirty-two  of  the  General  Laws, 
the  full  amount  withdrawn  by  him  upon  the  termination  of 
his  employment  in  the  service  of  said  division  of  employ- 
ment security,  and  in  either  case  an  additional  amount  equal 
to  the  payments,  with  regular  interest,  which  he  would  have 


708  Acts,  1943.  —  Chap.  536. 

contributed  if  he  had  remained  a  member  of  said  state  re- 
tirement system. 

(b)  Any  person  referred  to  in  section  two  shall,  when  ap- 
pointed to  a  state  department,  commission  or  board,  re§eive 
credit  for  his  full  service  while  he  was  a  member  of  the  fed- 
eral retirement  system,  if  he  pays  into  the  annuity  savings 
fund  of  the  state  retirement  system,  as  provided  by  chapter 
thirty-two  of  the  General  Laws,  an  amount  equal  to  the 
payments,  with  regular  interest,  which  he  would  have  con- 
tributed if  he  had  been  appointed  in  the  first  instance  to  the 
state  service  rather  than  to  the  United  States  employment 
service  or  its  successor. 

Section  4.  Any  person  who  returns  or  is  restored  to 
service  in  an  office  or  position  in  the  service  of  said  division 
of  employment  security  or  its  successor  after  having  termi- 
nated his  service  with  the  United  States  emplojmient  service 
or  its  successor,  shall  be  entitled  to  all  seniority  rights  to 
which  he  would  have  been  entitled  if  his  service  with  said 
division  of  employment  security  had  not  been  terminated, 
and  any  such  person  whose  salary  is  fixed  under  a  classified 
compensation  plan  shall  be  eligible  to  a  salary  rate  which 
includes  accrued  step-rate  increments  to  which  he  would  have 
been  eligible  except  for  his  absence  from  the  service  of  said 
division  of  employment  securit3^ 

Section  5.  Service  with  the  United  States  employment 
service  or  its  successor,  referred  to  in  this  act,  shall,  except 
as  otherwise  provided  herein,  mean  such  service  occurring 
on  and  after  January  first,  nineteen  hundred  and  forty-two, 
and  prior  to  the  date  on  which  said  service  of  such  indi- 
viduals has  terminated.  Approved  June  12,  194S. 

Chav.5SQ  An  Act  relative  to  contributions  by  the  town  of  hull 

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

Be  it  enacted,  etc,  as  follows: 

Section  1.  The  town  of  Hull  may  appropriate  from  avail- 
able funds  the  sum  of  ten  thousand  dollars  for  the  purpose  of 
carrying  out  for  the  year  nineteen  hundred  and  forty-three 
the  provisions  of  chapter  five  hundred  and  one  of  the  acts 
of  nineteen  hundred  and  forty-three,  anything  to  the  con- 
trary contained  in  said  chapter  notwithstanding. 

Section  2.  This  act  shall  take  full  effect  only  if  and  when 
said  chapter  five  hundred  and  one  is  accepted  by  vote  of  the 
inhabitants  of  said  town,  as  provided  by  said  chapter. 

Approved  June  12,  1943. 


Acts,  1943.  —  Chap.  537.  709 


An  Act  relative  to  state  wide  verification  of  voting  Chap. 537 

LISTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  four  hundred  and  fifty  of  the  acts  of 
nineteen  hundred  and  thirty-nine  is  hereby  amended  by 
striking  out  section  one  and  inserting  in  place  thereof  the 
following :  —  Section  1 .  The  registrars  of  voters  or  officers 
under  special  laws  performing  like  duties  in  each  city  and 
town,  in  this  act  called  registrars,  shall,  between  June  first 
in  the  year  nineteen  hundred  and  forty-five  and  December 
thirty-first  in  the  year  nineteen  hundred  and  forty-six,  verify 
the  voting  lists  and  certify  them  as  required  by  section  three 
of  this  act,  and  for  this  purpose  may  appoint  such  tempo- 
rary assistant  registrars  as  may  be  necessary. 

Section  2.  Said  chapter  four  hundred  and  fifty  is  hereby 
further  amended  by  striking  out  section  two  and  inserting 
in  place  thereof  the  following :  —  Section  2.  The  state  sec- 
retary shall,  on  or  after  June  first  in  the  year  nineteen  hun- 
dred and  forty-five,  at  the  expense  of  the  commonwealth, 
furnish  to  the  registrars  of  each  city  and  town  such  filing  or 
other  equipment  and  such  number  of  registration  forms  or 
cards,  hereinafter  called  cards,  as  may  be  necessary  to  carry  . 
out  this  act.  Such  cards  shall  be  known  as  registration  record 
cards  and  shall  be  of  such  size  and  form  as  the  state  secre- 
tary may  determine,  and  shall  have  printed  thereon  the 
schedule  as  provided  for  the  general  register  under  section 
thirty-six  of  chapter  fifty-one  of  the  General  Laws,  together 
with  the  following: 

Sex. 

The  city  or  town  where  last  previously  registered,  if  any. 

Date  of  birth. 

Height. 

Such  cards  containing  all  facts  required  by  the  foregoing 
shall  be  signed  by  each  voter  whose  name  appears  on  any 
nineteen  hundred  and  forty-seven  voting  list  and  by  each 
applicant  for  registration  on  or  after  December  first  in  the 
year  nineteen  hundred  and  forty-five.  Such  cards  shall  be 
used  at  polling  places  for  the  purpose  of  identification  of 
voters  after  January  first,  nineteen  hundred  and  forty-seven. 
The  signature  on  such  card  of  the  applicant  for  registration 
or  the  voter  shall  be  made,  under  the  penalties  of  perjury, 
in  the  presence  of  a  registrar,  or  assistant  registrar,  who  shall 
affix  his  name  thereto. 

Section  3.  Said  chapter  four  hundred  and  fifty  is  hereby 
further  amended  by  striking  out  section  three  and  inserting 
in  place  thereof  the  following :  —  Section  3.  Upon  the  com- 
pletion of  the  verification  of  the  voting  list,  but  in  no  event 
later  than  December  thirty-first  in  the  year  nineteen  Jiun- 
dred  and  forty-six,  the  registrars  shall  file  with  the  mayor 
in  cities  or  the  selectmen  in  towns,  as  the  case  may  be,  the 
following  certificate :  — 


710  Acts,  1943.  —  Chap.  538. 

We,  the  registrars  of  voters  or  election  commissioners  of 
the  city  (or  town)  of  do  hereby  certify  that  we 

have  verified  the  Hst  of  registered  voters  in  the  city  (or 
town),  as  required  by  chapter  four  hundred  and  fifty  of  the. 
acts  of  nineteen  hundred  and  thirty-nine,  as  amended,  as  of 
November  first,  nineteen  hundred  and  forty-six. 

Section  4.  Section  four  of  said  chapter  four  hundred  and 
fifty  is  hereby  amended  by  striking  out,  in  the  second  Une, 
the  word  "forty-four"  and  inserting  in  place  thereof  the 
word :  —  forty-seven,  —  so  as  to  read  as  follows :  —  Section  4. 
On  January  first,  nineteen  hundred  and  forty-seven,  the  reg- 
istrars shall  revise  the  general  register  and  the  annual  regis- 
ter compiled  under  section  thirty-seven  of  chapter  fifty-one 
of  the  General  Laws  as  affected  by  this  act  and  strike  there- 
from the  names  of  all  persons  who  have  not  signed  the  regis- 
tration record  cards  as  provided  in  this  act;  provided,  that 
there  shall  not  be  stricken  from  said  registers  the  name  of 
any  person  unless  such  person  shall,  not  less  than  thirty  days 
prior  to  such  action,  have  been  notified  by  the  registrars  by 
mail  of  his  failure  to  sign  the  registration  record  card  and 
informed  of  the  procedure  to  be  followed  in  order  to  have 
his  name  retained  on  said  registers,  nor  unless  such  person 
shall  have  been  given  a  reasonable  opportunity  to  follow 
said  procedure.  Approved  June  12,  1943. 


Chap. dSS  An  Act  providing  for  the  refinancing  of  certain  in- 
vestments IN  THE  present  STATE  SINKING   FUND. 

Be  it  enacted,  etc.,  as  follows: 

'"*  Section  1.  When  the  sinking  fund  of  the  commonwealth 
with  its  accumulations  added,  calculated  on  the  basis  on 
which  funds  therein  are  figured,  contains,  in  the  opinion  of 
the  state  treasurer  and  the  governor  and  council,  less  than 
an  amount  sufficient  to  extinguish  at  maturity  any  indebt- 
edness for  the  extinguishment  of  which  the  fund  was  estab- 
lished, the  governor  and  council  may  withdraw  from  such 
sinking  fund  securities  which  at  that  time  cannot  be  sold 
or  otherwise  disposed  of  at  par  value  and  place  such  securi- 
ties in  the  sinking  fund  established  in  the  office  of  the  state 
treasurer  under  section  two. 

Section  2.  The  state  treasurer,  with  the  approval  of  the 
governor  and  council,  shall  borrow  from  time  to  time,  on 
the  credit  of  the  commonwealth,  sums  not  exceeding,  in  the 
aggregate,  the  aggregate  par  value  of  the  securities  so  with- 
drawn and  may  issue  bonds  of  the  commonwealth  therefor. 
Such  bonds  shall  be  issued  for  such  terms  of  years  as  the 
governor  may  recommend  to  the  general  court  in  accordance 
with  section  3  of  article  LXII  of  the  amendments  to  the 
constitution  of  the  commonwealth,  but  shall  be  payable  not 
earlier  than  the  date  when  the  securities  so  withdrawn  are 
payable.  Such  bonds  shall  bear  interest  at  such  rates  as 
shall  be  fixed  by  the  state  treasurer,  with  the  approval  of 


Acts,  1943.  —  Chap.  539.  711 

the  governor  and  council.  The  provisions  of  section  forty- 
nine  of  chapter  twenty-nine  of  the  General  Laws  shall  not 
apply  to  the  issue  of  bonds  under  this  section.  Any  such 
bonds  may  be  called,  retired  and  cancelled  by  the  common- 
wealth on  any  date  upon  which  interest  is  payable  thereon, 
after  five  years  from  their  respective  dates  of  issue,  by  pay- 
ment by  the  commonwealth  of  the  amount  of  the  face  of 
said  bonds  with  any  accumulated  unpaid  interest,  if  notice 
of  the  call  is  given  to  the  holders  thereof  at  least  ninety  days 
before  the  call  date,  and  the  bonds  shall  contain  a  statement 
to  that  effect.  The  proceeds  of  such  bonds  shall  be  used  to 
pay  at  maturity  any  indebtedness  for  the  extinguishment  of 
which  the  sinking  fund  referred  to  in  section  one  was  estab- 
lished or  shall  be  paid  into  said  sinking  fund.  There  shall 
be  established  in  the  ofhce  of  the  state  treasurer  a  sinking 
fund  for  the  purpose  of  extinguishing  indebtedness  incurred 
under  this  section,  but  such  bonds  shall  nevertheless  be  gen- 
eral obligations  of  the  commonwealth. 

Section  3.  The  state  treasurer,  with  the  approval  of  the 
governor,  if  said  state  treasurer  believes  it  to  be  in  the  best 
interests  of  the  commonwealth,  may  dispose  of  any  securi- 
ties which  under  section  one  are  placed  in  the  sinking  fund 
established  by  section  two.  The  receipts  therefrom  shall  be 
reinvested  in  securities  maturing  at  a  time  not  later  than 
the  maturity  of  the  bonds  issued  under  section  two  and  such 
new  securities  shall  be  placed  in  said  sinking  fund. 

Section  4.  So  much  of  the  interest  received  on  securities 
placed  in  the  sinking  fund  established  under  section  two  as 
is  necessary  to  pay  any  interest  charges  on  the  bonds  issued 
under  section  two  shall  be  used  by  the  state  treasurer  to 
pay  such  interest;  provided,  that  any  excess  interest  re- 
ceived by  him  shall  be  added  to  said  sinking  fund  and  be- 
come a  part  thereof  and  that  any  deficit  in  interest  require- 
ments on  bonds  issued  under  section  two  shall  be  paid  from 
the  general  fund.  Approved  June  12,  1943. 


Chap. 5S9 


An  Act  providing  for  the  establishment  of  forest 

CUTTING   practices. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  thirty-two  of  the  General  Laws  g.  l.  (Xer. 
is  hereby  amended  by  inserting  at  the  end,  under  the  caption  f§^4V4^5^'  "'^"' 

FOREST    CUTTING    PRACTICES,    the    six    following    SCCtioUS: —  added.     New 

Section  4-0.     It  is  hereby  declared  that  the  public  welfare  ^ '|.*'°" 
requires  the  rehabilitation  and  protection  of  forest  lands  for  co°mmon- 
the  purpose  of  conserving  water,  preventing  floods  and  soil  re^^'rding 
erosion,  improving  the  conditions  for  wildlife  and  recrea-  forest  lands. 
tion,  and  providing  a  continuing  and  increasing  supply  of 
forest  products  for  farm  use  and  for  the  woodusing  indus- 
tries of  the  commonwealth.    Therefore,  it  is  hereby  declared 
to  be  the  policy  of  the  commonwealth  that  all  lands  devoted 
to  forest  growth  shall  be  kept  in  such  condition  as  shall  not 


712 


Acts,  1943. —  Chap.  539. 


State  forestry 
committee. 

Appointment 
of  mem- 
bers, etc. 


Notice  of 
intent  to 
cut  timber. 


jeopardize  the  public  interests,  and  that  the  policy  of  the 
commonwealth  shall  further  be  one  of  co-operation  with  the 
land  owners  and  other  agencies  interested  in  forestry  prac- 
tices for  the  profitable  management  of  all  forest  lands  in  the 
interest  of  the  owner,  the  public  and  the  users  of  forest 
products. 

Section  4i-  The  governor,  with  the  advice  and  consent 
of  the  council,  shall  appoint  a  state  forestry  committee,  to 
consist  of  four  members  representing,  respectively,  (a)  farm 
woodlot  owners,  (6)  industrial  woodland  owners,  (c)  other 
woodland  owners  and  (d)  the  general  public.  The  director 
of  the  division  of  forestry  shall  be  a  member  of  the  com- 
mittee, ex-officio.  In  the  initial  appointments  of  said  mem- 
bers, one  shall  be  appointed  for  a  one  year  term,  one  for  a 
two  year  term,  one  for  a  three  year  term  and  one  for  a  four 
year  term.  Thereafter,  as  the  term  of  a  member  expires, 
his  successor,  with  like  qualifications  as  his  predecessor,  shall 
be  appointed  for  a  term  of  four  years.  Said  committee  shall 
select  its  own  chairman.  The  members  of  said  committee 
shall  serve  without  pay,  but  shall  be  reimbursed  for  actual 
traveling  expenses  within  the  commonwealth,  when  approved 
by  said  director.  Said  committee  shall  prepare  tentative 
practices  for  forest  cutting.  Among  such  practices,  it  shall 
be  required  that  trees  of  desirable  species  and  of  suitable 
size  shall  be  retained  uncut  so  as  to  stand  singly  ot  in  groups 
and  be  distributed  in  the  manner  and  in  the  numbers  best 
designed  to  secure  restocking;  except  that  provision  shall 
be  made  for  clear  cutting  in  such  individual  cases  as  shall 
be  approved  by  said  director.  Before  adopting  and  pro- 
mulgating any  forest  practices,  said  committee  shall  hold 
hearings,  due  notice  being  given,  in  at  least  four  places  con- 
veniently located  throughout  the  commonwealth.  Said  com- 
mittee may  thereafter  adopt  such  practices  or  modifications 
thereof  and  submit  them  to  the  commissioner.  Upon  ap- 
proval by  the  commissioner,  he  shall  thereupon  promulgate 
them  and  place  them  in  effect,  by  posting  in  all  city  and 
town  halls  in  the  region  affected  and  by  publication  in  at 
least  one  daily  newspaper  in  every  county  affected.  Such 
approved  practices  may  be  amended  at  any  time  by  said 
committee  in  the  same  manner,  of  its  own  motion  or  upon 
petition  of  not  less  than  twenty-five  forest  owners  or  opera- 
tors of  the  region.  In  order  to  suit  the  practices  to  local 
conditions,  the  commonwealth  may  be  divided  by  said  com- 
mittee into  not  exceeding  four  regions  with  practices  adapted 
to  the  particular  forest  conditions  of  each  region. 

Section  42.  Every  owner  or  operator  who  proposes  to  cut 
on  land  devoted  to  forest  purposes,  except  as  provided  in 
section  forty-five,  shall  give  written  notice  of  his  intention 
to  begin  any  cutting  operation  to  said  director  at  least  thirty 
days  in  advance  of  the  date  on  which  he  proposes  to  begin 
the  operation,  but  said  director  may  waive  the  thirty  day 
requirement  in  any  emergency.  Said  director,  or  an  em- 
ployee of  the  division  of  forestry  at  the  direction  of  said 


Acts,  1943.  —  Chap.  540.  713 

director,  shall  forthwith  examine  the  forest  to  be  cut  and 
advise  and  assist  the  owner  or  operator  to  prepare  and  carry 
out  a  plan  of  operations  that  shall  be  best  calculated  to  con- 
form to  the  forest  practices  adopted  for  the  region.  The 
plan  shall  also  be  delivered  to  the  owner  or  operator  in 
writing.  Where  necessary  to  provide  for  reseeding,  said 
director  may  also  mark  or  otherwise  designate  a  minimum 
number  of  seed  trees  to  remain  standing.  Said  director  shall 
inspect  the  property  during  the  operation,  and  upon  its  com- 
pletion, to  determine  whether  the  operation  has  been  exe- 
cuted in  accordance  with  the  plan  and  practices  and  shall 
report  in  writing  to  said  committee  the  nature  of  the  opera- 
tion, its  extent,  the  amount  of  product  cut,  and  such  other 
information  as  said  committee  may  require. 

Section  43.     Whoever,  not  being  exempt  from  sections  Failure  to 
forty-two  and  forty-three  under  the  provisions  of  section  g'^e notice. 
forty-four,  fails  to  give  notice  to  said  director  as  provided  I'enaity. 
by  said  section  forty-two  shall  be  punished  by  a  fine  of  not 
more  than  twenty-five  dollars. 

Section  44-    The  provisions  of  sections  forty-two  and  forty-  sections  42 
three  shall  not  apply  to  (1)  cutting  by  any  owner  or  tenant  appiy^j" °* *° 
of  any  forest  product  for  his  own  use;   (2)  clearing  land  for  certain  cases. 
building  or  for  purposes  of  cultivation;    (3)  cutting  of  such 
products  for  sale  by  any  owner  to  an  amount  not  exceed- 
ing forty  thousand  board  feet  and  one  hundred  cords  in  any 
calendar  year;   (4)  maintenance  cutting  in  pastures;  or  (5) 
cutting  for  clearance  or  maintenance  on  rights  of  way  per- 
taining to  municipal  lighting  plants,  electric  companies,  gas 
companies,  railroads,  electric  street  railway  companies  and 
companies  incorporated  for  the  transmission  of  oil  or  water, 
or  of  intelligence  by  electricity. 

Section  45'  For  the  purposes  of  sections  forty  to  forty-  co-operation 
four,  inclusive,  said  director  may  co-operate  with  the  Massa-  agenc'ies'^'^ 
chusetts  State  College  and  the  United  States  Forest  Service 
and  may  authorize  their  employees  to  perform  the  duties 
outlined  in  section  forty-two.  The  members  of  said  com- 
mittee and  said  director  and  his  agents  may  in  the  perform- 
ance of  their  duties  under  said  sections  pass  through  or  over 
private  property.  Approved  June  12,  1943. 


An  Act  extending  the  scope  of  vocational  education.  Chav.b^Q 

Be  it  enacted,  etc.,  as  follows: 

Chapter   seventy-four   of   the   General    Laws    is   hereby  g.  l.  (Xer. 
amended  by  striking  out  section  fourteen,  as  appearing  in  amende^ci  ^  '^' 
the  Tercentenary  Edition,  and  inserting  in  place  thereof  the 
two  following  sections:  —  Section  I4.    Towns  may,  through  Practical 
school   committees   or   trustees   for   vocational    education,  """*  <='asses. 
establish  and  maintain  household  and  other  practical  art 
classes.    Such  classes  shall  be  open  to  persons  over  sixteen 
years  of  age,  and  may  be  established  and  maintained  as  ap- 
proved state  aided  practical  art  classes  under  sections  one 


714  Acts,  1943.  —  Chaps.  541,  542. 

to  twenty-two,  inclusive,  so  far  as  not  inconsistent  there- 
with, and  for  the  following  purposes: 

(1)  Providing  opportunities  for  rehabilitation  of  disabled 
soldiers  and  disabled  workers  in  industry  and  aiding  them 
to  become  self-respecting  and  self-supporting. 

(2)  Providing  additional  opportunities  for  livelihood  for 
inhabitants  of  certain  of  the  smaller  towns  of  the  common- 
wealth. 

(3)  Providing  further  and  greater  opportunities  for  per- 
sons trained  in  war  industries  to  participate  in  handicrafts. 

f^deraTfunds  Section  I4A.  The  commissioner,  in  the  name  and  on  be- 
half of  the  commonwealth,  may  apply  for  and  receive,  and 
thereafter  expend  for  any  or  all  of  the  purposes  of  section 
fourteen  any  funds  received  for  any  of  such  purposes  from 
the  federal  government  or  any  of  its  agencies. 

Approved  June  12,  1943. 


Chap. 54il  An  Act  providing  for  the  allotment  by  the  governor 
OF  certain  sums  available  for  expenditure  by  agen- 
cies OF  the  commonwealth. 

^r^ambie*^^  TF/iereas,  The  deferred  operation  of  this  act  would  unduly 

interfere  with  the  operation  of  the  allotment  system  of  ap- 
propriations, so  called,  as  provided  by  law,  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: 

Sums  which  were  made  available  prior  to  December  first, 
nineteen  hundred  and  forty-one  for  expenditure  by  any 
agency  of  the  commonwealth  and  remain  so  available  on 
July  first  in  the  current  year  shall,  on  and  after  said  July 
first,  be  subject  to  allotment  under  the  provisions  of  section 
nine  B  of  chapter  twenty-nine  of  the  General  Laws,  inserted 
by  section  one  of  chapter  five  hundred  and  sixty-four  of  the 
acts  of  nineteen  hundred  and  forty-one. 

Approved  June  12,  1943. 


Chap. 542  An  Act  making  sundry  changes  in  the  laws  relating 

TO   ALCOHOLIC    BEVERAGES. 

Be  it  enacted,  etc.,  as  follows: 

g^L.  (Ter.  Section  1.     Scction  two  of  chapter  one  hundred  and 

i  2,  etc., '         thirty-eight  of  the  General  Laws  is  hereby  amended  by 
amended.  striking  out  the  first  sentence,  as  appearing  in  section  one 

of  chapter  four  hundred  and  seventy  of  the  acts  of  nineteen 
hundred  and  thirty-nine,  and  inserting  in  place  thereof  the 
Authority  to  following  Sentence :  —  No  person  shall  manufacture,  with  in- 
clivers.'^^c.  tent  to  Sell,  Sell  or  expose  or  keep  for  sale,  store,  transport, 
import  or  export  alcoholic  beverages  or  alcohol,  except  as 
authorized  by  this  chapter;  but  the  provisions  of  this  chap- 
ter shall  not  apply  to  sales,  storage  or  transportation  by  a 


Acts,  1943.  —  Chap.  542.  715 

person  or  public  officer  under  a  provision  of  law  which  re- 
quires him  to  sell  personal  property,  or  to  sales,  storage  or 
transportation  by  executors,  administrators,  receivers  and 
trustees  duly  authorized  by  proper  judicial  order  or  decree, 
except  that  any  receiver  or  trustee  in  bankruptcy  or  other- 
wise appointed  by  any  court,  who  is  authorized  by  said  court 
to  conduct  in  whole  or  in  part  any  business,  authority  to 
grant  a  license  for  which  is  given  by  this  chapter,  or  who 
does  conduct  any  such  business  in  whole  or  in  part,  shall  be 
subject  to  all  provisions  of  the  sections  under  which  their 
licenses  were  issued  and  to  all  other  provisions  of  this  chap- 
ter applicable  to  such  business  the  same  as  if  it  were  con- 
ducted by  an  individual,  partnership  or  corporation. 

Section  2.     Said  chapter  one  hundred  and  thirty-eight  g.  l.  (Xer. 
is  hereby  further  amended  by  striking  out  section  ten  A,  f  lOA^etc., 
inserted  by  section  two  of  chapter  three  hundred  and  sev-  amended.  ' 
enty-six  of  the  acts  of  nineteen  hundred  and  thirty-three, 
and   inserting   in   place   thereof   the   following   section :  — 
Section  10 A.    The  local  licensing  authorities  shall  file  with  Annual  state- 
the  commission,  on  or  before  February  fifteenth  next  fol-  iTtfJnsing '°'^''' 
lowing  a  license  year  in  which  the  granting  of  licenses  for  authorities. 
the  sale  of  any  alcoholic  beverage  was  authorized,  a  full  re- 
port of  their  action  during  said  license  year,  with  the  num- 
ber of  licenses  of  each  class  granted,  and  the  revenue  thereof, 
together  with  the  established  schedule  of  fees  for  all  classes 
of  licenses.  ^ 

Section  '3.    The  first  paragraph  of  section  twelve  of  said  Sj^jTo®'"- 
chapter  one   hundred   and   thirty-eight,   as   most  recently  §  12,'  etc.,' 
amended  by  chapter  three  hundred  and  thirty-one  of  the  amended. 
acts  of  nineteen  hundred  and  thirty-seven,  is  hereby  further 
amended  by  striking  out  the  last  sentence  and  inserting  in 
place  thereof  the  following  sentence :  —  During  such  time  as  innhoiders' 
the  sale  of  such  alcoholic  beverages  is  authorized  in  any  city  tie'tuaUers"" 
or  town  under  this  chapter,  the  authority  to  grant  innhold-  I'^^nses. 
ers'  and  common  victuallers'  licenses  therein  under  chapter 
one  hundred  and  forty  shall  be  vested  in  the  local  licensing 
authorities;    provided,  that  if  a  person  applies  for  the  re- 
newal of  both  a  common  victualler's  license  or  an  innhold- 
er's  license  under  said  chapter  one  hundred  and  forty  and 
a  hotel  or  a  restaurant  license,  as  the  case  may  be,  under 
this  section  and  the  local  licensing  authorities  refuse  to  grant 
said  common  victualler's  or  innholder's  license  or  fail  to  act 
on  the  applications  therefor  within  a  period  of  thirty  days, 
such  applicant  may  appeal  therefrom  to  the  commission  in 
the  same  manner  as  provided  in  section  sixty-seven  and  all 
the  provisions  of  said  section  relative  to  licenses  authorized 
to  be  issued  by  local  licensing  authorities  under  this  chapter 
shall  apply  in  the  case  of  such  common  victualler's  license 
or  innholder's  license. 

Section  4.    The  second  paragraph  of  said  section  twelve  g.  l.  (Ter. 
of  said  chapter  one  hundred  and  thirty-eight,  as  most  re-  f 'I2,' e\^c^,' 
cently  amended  by  section  two  of  chapter  three  hundred  amended. 
and  sixty-eight  of  the  acts  of  nineteen  hundred  and  thirty- 


716 


Acts,  1943. —  Chap.  542. 


Restriction 
on  sales. 


G.  L.  (Ter. 
Ed.),  138, 
§  loA,  etc., 
amended. 


Notices  of 
applications 
licenses,  etc. 


frr 


six,  is  hereby  further  amended  by  inserting  before  the  word 
"counter"  in  the  fifth  line  the  words:  —  bar  or,  —  so  as  to 
read  as  follows :  — 

No  alcoholic  beverage  shall  on  secular  days  be  served  to 
or  drunk  by  a  woman  as  patron,  guest  or  member  in  a 
public  room  or  area  of  a  hotel,  or  in  a  restaurant  or  club, 
licensed  under  this  section,  except  while  seated  at  a  table 
or  seated  at  a  bar  or  counter  equipped  with  stools;  and 
no  such  beverage  shall  on  Sundays  be  served  to  or  drunk 
by  any  patron,  guest  or  member  at  a  bar  or  counter  in  such 
a  hotel,  restaurant  or  club. 

Section  5.  Section  fifteen  A  of  said  chapter  one  hundred 
and  thirty-eight,  as  most  recently  amended  by  chapter  four 
hundred  and  fourteen  of  the  acts  of  nineteen  hundred  and 
thirty-nine,  is  hereby  further  amended  by  striking  out,  in 
the  twenty-eighth,  fifty-fifth,  fifty-eighth  and  sixty-fourth 
lines  the  word  "revoke"  and  inserting  in  place  thereof,  in 
each  instance,  the  word :  —  cancel,  —  by  striking  out,  in  the 
twenty-ninth  and  sixty-fifth  lines,  the  word  "revocation" 
and  inserting  in  place  thereof,  in  each  instance,  the  word: 
—  cancellation,  —  and  by  striking  out,  in  the  sixty-seventh 
hne,  the  word  "revoked"  and  inserting  in  place  thereof 
the  word:  —  cancelled,  —  so  as  to  read  as  follows:  —  Sec- 
tion 15 A.  Notation  of  the  date  and  hour  of  filing  shall  be 
made  on  every  application  for  a  license  under  section  twelve, 
fifteen  or  thirty  A.  Within  ten  days  after  the  receipt  of  any 
such  application,  the  local  licensing  authorities  shall  cause 
a  notice  thereof  to  be  published  at  the  expense  of  the  appli- 
cant. Such  notice  shall  be  pubfished  in  a  newspaper  pub- 
lished in  the  city  or  town  in  which  the  premises  whereon  the 
license  is  intended  to  be  exercised  are  situated,  or  if  no  news- 
paper is  published  in  such  city  or  town,  then  in  some  news- 
paper published  in  the  county.  The  notice  shall  set  forth 
the  name  of  the  applicant  in  full,  the  kind  of  license  applied 
for,  a  particular  description  of  the  premises  on  which  the 
license  is  intended  to  be  exercised,  designating  the  building 
or  part  of  the  building  to  be  used  and,  if  practicable,  the 
street  and  number.  No  application  shall  be  acted  upon  by 
the  local  licensing  authorities  until  ten  days  after  the  pub- 
lication of  such  notice.  An  affidavit  of  the  person  making 
such  publication  on  behalf  of  such  authorities,  together  with 
an  attested  copy  of  the  notice  published,  shall  be  filed  in  the 
office  of  such  authorities,  and  a  certified  copy  of  such  affi- 
davit shall  be  prima  facie  evidence  that  such  notice  has  been 
published  in  accordance  with  this  section.  If  any  citizen 
of  the  city  or  town  within  which  any  such  license  is  issued 
makes  complaint  in  writing  to  the  commission  that  such 
license  was  granted  without  such  previous  publication,  and 
after  due  hearing  it  appears  that  such  publication  was  not 
made  as  aforesaid,  the  commission  shall  cancel  the  license 
and  give  notice  of  such  cancellation  to  the  authorities  issu- 
ing the  license. 


Acts,  1943.  —  Chap.  542.  717 

Every  applicant  for  an  original  license  under  section  twelve,  Notice  to 
fifteen  or  thirty  A,  or  for  a  transfer  of  such  a  license  from  churches',  etc. 
one  location  to  another,  or  some  one  in  his  behalf,  shall, 
within  three  days  after  publication  as  hereinbefore  provided, 
cause  a  copy  of  the  published  notice  to  be  sent  by  registered 
mail  to  each  of  the  persons  appearing  upon  the  assessors'  ^ 

most  recent  valuation  list  as  the  owners  of  the  property  abut- 
ting on  the  premises  where  the  license  is  intended  to  be  ex- 
ercised and,  if  a  school,  which  gives  not  less  than  the  mini- 
mum instruction  and  training  to  children  of  compulsory 
school  age  required  by  chapter  seventy-one,  or  a  church  or 
hospital,  is  located  within  a  radius  of  five  hundred  feet  from 
said  premises,  to  such  school,  church  or  hospital.  An  affi- 
davit of  the  applicant  or  of  the  person  mailing  such  notice 
in  his  behalf,  together  with  an  attested  copy  of  the  notice 
mailed,  shall  be  filed  in  the  office  of  the  local  licensing  au- 
thorities, and  a  certified  copy  of  such  affidavit  shall  be  prima 
facie  evidence  that  such  notice  has  been  mailed  in  accord- 
ance with  this  section.  If  any  abutter  or  the  authorities  in 
charge  of  any  such  school,  church  or  hospital  shall  make 
complaint  in  writing  to  the  local  licensing  authorities  that 
such  license  was  granted  or  transferred  hereunder  without 
such  notice  having  been  mailed  to  him  or  them  as  required 
hereby,  and  after  due  hearing  it  appears  that  such  notice 
was  not  mailed  as  aforesaid,  the  local  licensing  authorities 
may  cancel  the  license.  Any  person  who  has  filed  a  com- 
plaint with  the  local  licensing  authorities  under  this  section 
who  is  aggrieved  by  the  action  of  such  authorities  in  refus- 
ing to  cancel  a  license  hereunder  or  by  their  failure  to  act 
upon  such  a  complaint  within  a  period  of  thirty  days  may 
appeal  to  the  commission  in  writing  within  five  days  follow- 
ing receipt  of  written  notice  of  such  action  or  within  five 
days  following  the  expiration  of  the  thirty  day  period,  and 
the  commission  may,  after  hearing,  cancel  such  a  license  and 
in  such  event,  shall  send  notice  of  the  cancellation  to  the 
local  licensing  authorities.  Nothing  herein  contained  shall 
be  construed  to  prohibit  a  licensee  whose  license  has  been 
cancelled  by  the  local  licensing  authorities  under  authority 
contained  in  this  section  from  appealing  to  the  commission 
as  provided  in  section  sixty-seven. 

Section  6.     Section  sixteen  B  of  said  chapter  one  hun-  g.  l.  (Xer. 
dred  and  thirty-eight,  as  most  recently  amended  by  chapter  f'l6B!etc., 
ninety-two  of  the  acts  of  nineteen  hundred  and  thirty-nine,  amended. 
is  hereby  further  amended  by  inserting  after  the  word  "au- 
thorities" in  the  sixth  line  the  words: —  ,  and  applications 
for  transfers  of  licenses  issued  by  such  local  licensing  author- 
ities under  section  twenty-three,  —  and  by  striking  out,  in 
the  sixteenth  line,  the  word  "three"  and  inserting  in  place 
thereof  the  word:  —  seven,  —  so  as  to  read  as  follows:  — 
Section  16 B.  -  Applications  for  licenses  or  permits  author-  Time  within 
ized  to  be  granted  by  the  commission  shall  be  granted  or  Sl'aU  be''^°^^^ 
dismissed  not  later  than  thirty  days  after  the  filing  of  the  granted. 


718 


Acts,  1943.  —  Chap.  542. 


Applications 
for  licenses 
limited. 


G.  L.  (Ter. 
Ed.),  138. 
§  18,  etc., 
amended. 


Wholesalers' 
and  importers' 
licenses. 


G.  L.  (Ter. 
Ed.),  138, 
§  18,  etc., 
amended. 

Granting,  etc., 
of  licenses. 


same,  and,  except  as  provided  in  section  sixteen  A,  ap- 
plications for  licenses  authorized  to  be  granted  by  the  local 
licensing  authorities,  and  applications  for  transfers  of  li- 
censes issued  by  such  local  licensing  authorities  under  sec- 
tion twenty-three,  shall  be  acted  upon  within  a  like  period 
and  if  favorably  acted  upon  by  the  said  authorities  shall  be 
submitted  for  approval  by  the  commission  not  later  than 
three  days  following  such  favorable  action;  provided,  how- 
ever, that  local  licensing  authorities  shall  not  be  required 
to  act  prior  to  December  fifteenth  in  any  year  on  applica- 
tions for  the  renewal  of  annual  licenses  filed  in  accordance 
with  the  provisions  of  section  sixteen  A  or  prior  to  April 
fifteenth  in  any  year  on  applications  for  the  renewal  of  sea- 
sonal licenses  so  filed.  A  license  so  approved  shall  be  issued 
by  said  authorities  not  later  than  seven  days  following  re- 
ceipt of  notice  of  approval  by  the  commission.  Any  appli- 
cant for  a  license  under  this  chapter  who  fails  to  comply 
with  the  requirements  of  section  seventy  within  fourteen 
days  after  notice  that  a  license  has  been  authorized  to  be 
granted  to  him  shall  forfeit  any  right  thereto,  unless  the 
licensing  authorities  to  which  application  was  made  other- 
wise determine. 

The  licensing  authorities  shall  not  receive  more  than  one 
application  for  a  license  under  section  twelve  or  fifteen  to 
be  exercised  on  the  same  premises  during  the  same  license 
year,  except  in  any  case  where  they  otherwise  determine. 
p  Section  7.  Section  eighteen  of  said  chapter  one  hun- 
dred and  thirty-eight,  as  most  recently  amended  by  section 
sixteen  of  chapter  four  hundred  and  forty  of  the  acts  of  nine- 
teen hundred  and  thirty-five,  is  hereby  further  amended  by 
striking  out  the  first  sentence  and  inserting  in  place  thereof 
the  following  sentence :  —  The  commission  may  issue  to  any 
individual  who  is  both  a  citizen  and  resident  of  the  com- 
monwealth and  to  partnerships  composed  solely  of  such  in- 
dividuals, and  to  corporations  organized  under  the  laws  of 
the  commonwealth  whereof  all  the  directors  are  citizens  of 
the  United  States  and  a  majority  thereof  residents  of  the 
commonwealth,  licenses  as  wholesalers  and  importers  (1)  to 
sell  for  resale  to  other  licensees  under  this  chapter  alcoholic 
beverages  manufactured  by  any  manufacturer  licensed  un- 
der the  provisions  of  section  nineteen  and  to  import  alco- 
holic beverages  into  the  commonwealth  from  holders  of  cer- 
tificates issued  under  section  eighteen  B  whose  licensed 
premises  are  located  in  other  states  and  foreign  countries 
for  sale  to  such  licensees,  or  (2)  to  sell  for  resale  wines  and 
malt  beverages  so  manufactured  to  such  licensees  and  to  im- 
port as  aforesaid  wines  and  malt  beverages  for  sale  to  such 
licensees. 

Section  8.  Said  section  eighteen  of  said  chapter  one 
hundred  and  thirty-eight,  as  so  amended,  is  hereby  further 
amended  by  adding  at  the  end  the  following  paragraph :  — 

No  vote  in  any  city  or  town  under  section  eleven  shall 


Acts,  1943.  —  Chap.  542.  719 

prevent  the  granting  or  renewal  of  a  license  under  this 
section. 

Section  9.    Said  chapter  one  hundred  and  thirty-eight  is  g.  l.  (Xer. 
hereby  further  amended  by  inserting  after  section  eight-  new'§\^8B, 
een  A,  as  amended  by  section  seventeen  of  chapter  four  added, 
hundred  and  forty  of  the  acts  of  nineteen  hundred  and 
thirty-five,  the  following  section:  —  Section  18B.    The  com-  Certificate 
mission  shall  issue  a  certificate  of  compliance  to  a  licensee  °^  •'o'npi'ancc. 
having  a  place  of  business  located,  and  a  license  granted, 
outside  the  commonwealth  and  whose  license  authorizes 
the  exportation  or  sale  of  alcoholic  beverages  to  licensees 
in  this  commonwealth;  provided,  that  such  certificate  shall 
be  issued  upon  the  condition  that  the  holder  shall  fur- 
nish from  time  to  time  as  the  commission  may  require, 
but  in  no  event  more  often  than  once  each  month,  informa- 
tion concerning  all  shipments  or  sales  of  alcoholic  beverages 
made  by  him  to  licensees  in  this  commonwealth,  and  that 
he  comply  with  the  provisions  of  this  chapter  and  any 
rules  or  regulations  made  under  authority  contained  therein 
which  pertain  to  a  licensee  of  the  same  class,  type  or  char- 
acter, doing  business  in  this  commonwealth  under  a  license 
issued  by  the  commission.    The  commission  may  suspend, 
cancel  or  revoke  any  certificate  issued  hereunder  for  a  vio- 
lation of  the  terms  or  conditions  thereof.     All  certificates 
shall  be  issued  to  expire  December  thirty-first  of  the  year 
of  issuance  and  the  fee  therefor  shall  not  exceed  ten  dollars. 

Section  10.    Said  chapter  one  hundred  and  thirty-eight  g.  i..  fXer. 
is  hereby  further  amended  by  striking  out  section  twenty,  f20,'et^c^,' 
as  most  recently  amended  by  sections  six  and  seven  of  chap-  amended, 
ter  three  hundred  and  sixty-eight  of  the  acts  of  nineteen 
hundred  and  thirty-six,  and  inserting  in  place  thereof  the 
following  section :  —  Section  20.    The  commission  may  grant  storage 
to  any  holder  of  a  manufacturer's  or  wholesaler's  and  im-  p*'''""*®- 
porter's  license  under  this  chapter  a  permit  to  store  alco- 
holic beverages  in  any  city  or  town;   provided,  that  there 
shall  not  be  granted  to  such  manufacturer  or  wholesaler 
and  importer,  in  the  aggregate,  more  than  three  such  per- 
mits in  the  commonwealth,  nor  more  than  one  such  permit 
in  any  city  or  town.    A  permit  so  granted  to  the  holder  of 
such  a  license  shall  authorize  him  to  deliver  such  beverages 
from  any  place  of  storage  for  which  he  has  such  a  permit 
upon  orders,  which  need  not  be  in  writing,  received  by  him 
at  the  premises  covered  by  his  manufacturer's  or  whole- 
saler's and  importer's  license  and  transmitted  to  the  place 
of  storage  covered  by  the  permit.     The  commission  may 
establish  annual  fees  therefor  not  exceeding  five  hundred 
dollars  for  any  one  permit. 

Special  warehouse  permits  may  be  granted  by  the  com- 
mission for  the  storage  of  alcoholic  beverages  in  a  duly  li- 
censed bonded  warehouse.  A  special  permit  so  granted  shall 
authorize  the  holder  thereof  to  transfer  such  beverages  be- 
tween any  premises  for  which  he  has  such  special  permit 


720 


Acts,  1943.  —  Chap.  542. 


G.  L.  (Ter. 
Ed.),  138, 
§  21,  etc., 
amended. 


Importation 
of  malt 
liovcrages. 


G.  L.  (Ter. 
Ed.),  138, 
§  23,  etc., 
amended. 


Terms 
"licenses" 
and  ' '  permits ' 
construed. 


and  any  premises  covered  by  his  manufacturer's  or  whole- 
saler's and  importer's  license.  The  fee  for  such  a  special 
permit  shall  be  not  less  than  fifty  nor  more  than  two  hun- 
dred dollars. 

Special  seasonal  permits  may  be  granted  by  the  commis- 
sion upon  payment  of  a  fee  of  twenty-five  dollars  for  each 
such  permit,  which  shall  authorize  any  licensee  under  sec- 
tion eighteen  or  nineteen  to  store  malt  beverages  in  the  same 
city  or  town  in  which  their  licensed  premises  are  located; 
provided,  that  such  storage  shall  be  in  a  place  properly 
equipped  for  the  refrigeration  of  malt  beverages  and  that 
such  an  authorization  shall  be  effective  only  for  the  period 
between  April  first  and  October  thirty-first  in  any  year. 

Nothing  in  this  section  shall  be  deemed  to  authorize  the 
transportation  of  alcoholic  beverages  in  any  vehicle  not  cov- 
ered by  a  permit  issued  under  section  twenty-two. 

No  vote  in  any  city  or  town  under  section  eleven  shall 
prevent  the  renewal  of  any  permit  under  this  section. 

The  commission  may  make  and  enforce  rules  and  regula- 
tions covering  the  storage  of  alcoholic  beverages  under  per- 
mits granted  under  this  section. 

Section  11.  The  first  paragraph  of  section  twenty-one 
of  said  chapter  one  hundred  and  thirty-eight,  as  appearing 
in  section  one  of  chapter  three  hundred  and  sixty-seven  of 
the  acts  of  nineteen  hundred  ^  and  thirty-nine,  is  hereby 
amended  by  striking  out,  in  the  second  line,  the  words 
"hereinafter  defined"  and  inserting  in  place  thereof  the 
words :  —  defined  in  this  chapter,  —  so  as  to  read  as  fol- 
lows :  —  Every  licensed  manufacturer  of  alcoholic  beverages 
or  alcohol  as  defined  in  this  chapter  and  every  holder  of  a 
wholesaler's  and  importer's  license  for  the  sale  and  impor- 
tation thereof  and  every  licensee  under  section  seventy-six 
shall,  in  addition  to  the  license  fees  elsewhere  provided  in 
this  chapter,  be  liable  for  and  pay  to  the  commonwealth  an 
excise,  for  the  privilege  enjoyed  by  him  as  such  manufac- 
turer, wholesaler  and  importer,  or  licensee  under  section 
seventy-six,  to  be  levied  on  sales  within  the  commonwealth 
of  alcoholic  beverages  or  alcohol,  other  than  wines  to  be 
used  for  sacramental  purposes  only  and  other  than  malt 
beverages  imported  into  the  commonwealth,  and  to  be  levied 
on  importations  of  malt  beverages  into  the  commonwealth, 
as  follows: 

Section  12.  Said  chapter  one  hundred  and  thirty-eight 
is  hereby  further  amended  by  striking  out  section  twenty- 
three,  as  most  recently  amended  by  chapter  five  hundred 
and  seventy-eight  of  the  acts  of  nineteen  hundred  and  forty- 
one,  and  inserting  in  place  thereof  the  following  section :  — 
Section  23.  The  terms  licenses  and  permits,  wherever  em- 
ploj^ed  as  substantives  in  this  chapter,  are  used  in  their 
technical  sense  of  a  license  or  permit,  transferable  only  as 
provided  in  this  chapter,  and  revocable  at  pleasure  and 
without  any  assignment  of  reasons  therefor  by  the  granting 
authority,  the  commonwealth,  acting  through  the  same  offi- 


Acts,  1943.  —  Chap.  542.  721 

cers  or  agents  and  under  the  same  delegated  authority,  as 
authorized  the  issue  of  such  hcenses  or  permits.  The  pro- 
visions for  the  issue  of  Hcenses  and  permits  hereunder  imply 
no  intention  to  create  rights  generally  for  persons  to  engage 
or  continue  in  the  transaction  of  the  business  authorized  by 
the  licenses  or  permits  respectively,  but  are  enacted  with  a 
view  only  to  meet  the  reasonable  demand  of  the  public  for 
pure  alcoholic  beverages  and,  to  that  end,  to  provide,  in  the 
opinion  of  the  licensing  authorities,  an  adequate  number  of 
places  at  which  the  public  may  obtain,  in  the  manner  and 
for  the  kind  of  use  indicated,  the  different  sorts  of  bever- 
ages for  the  sale  of  which  provision  is  made. 

No  holder  of  such  a  license  or  permit  hereunder  shall  have 
any  property  right  in  any  document  or  paper  evidencing  the 
granting  of  such  license  or  permit  and  issued  by  the  licens- 
ing authorities,  and  said  authorities,  upon  the  expiration, 
suspension,  revocation,  cancellation  or  forfeiture  of  such  a 
license  or  permit  shall  be  entitled  upon  demand  to  the  im- 
mediate possession  thereof.  The  superior  court  shall  have 
jurisdiction  in  equity,  on  petition  of  the  licensing  authorities, 
to  enforce  this  provision. 

No  license  issued  under  section  twelve,  fourteen  or  fif- 
teen, and  no  certificate  of  fitness  issued  under  section  thirty, 
shall  authorize  the  sale  of  any  alcoholic  beverages  other  than 
those  purchased  from  a  licensee  under  section  eighteen  or 
nineteen  or  from  a  holder  of  a  special  permit  to  sell  issued 
under  section  twenty-two  A;  provided,  that  the  holder  of 
a  license  under  section  twelve  or  fifteen  may  sell  alcoholic 
beverages  acquired  as  the  result  of  the  purchase  of  a  ware- 
house receipt  for  such  beverages  if  the  said  receipt  was  pur- 
chased from  the  holder  of  a  license  under  section  eighteen 
or  nineteen,  or  from  a  broker  registered  under  chapter  one 
hundred  and  ten  A  who  is  authorized  thereunder  to  deal  in 
warehouse  receipts  for  alcoholic  beverages;  and  provided, 
further,  that  nothing  contained  in  this  section  shall  be  con- 
strued to  authorize  a  licensee  under  section  twelve  or  fifteen 
to  import  alcoholic  beverages  into  this  commonwealth  except 
through  the  holder  of  a  license  issued  under  section  eighteen. 

Whenever,  in  the  opinion  of  the  local  licensing  authorities,  Suspension, 
any  appficant  for  a  license  under  section  twelve,  fourteen,  etcTo/'""' 
fifteen  or  thirty  A  fails  to  establish  to  their  satisfaction  his  licenses. 
compliance  with  the  requirements  of  this  chapter,  or  any 
other  reasonable  requirements  which  they  may  from  time 
to  time  make  with  respect  to  licenses  under  said  sections 
respectively,  or  to  the  conduct  of  business  by  any  licensee 
thereunder,  said  authorities  may  refuse  to  issue  or  reissue 
to  such  applicant  any  such  license;   and  whenever  in  their 
opinion  any  holder  of  such  a  license  fails  to  maintain  such 
compliance  or  whenever  it  shall  appear  to  them  that  the 
nature  of  the  business,  or  of  the  equipment  of  and  service  of 
any  hotel,  restaurant,  club  or  tavern  no  longer  satisfies  the 
definition  thereof  contained  in  this  chapter,  or  that  alcoholic 
beverages  are  being  or  have  been  sold,  served  or  drunk  therein 


722 


Acts,  1943.  —  Chap.  542. 


Refund  of 
fee,  when 
permitted. 


Transfer  of 
licenses  from 
one  location 
to  another. 


in  violation  of  any  provision  of  this  chapter,  they  may,  after 
hearing  or  opportunity  therefor  modify,  suspend,  revoke  or 
cancel  such  license. 

Whenever,  in  the  opinion  of  the  commission,  any  holder 
of  a  license  or  permit  originally  issued  by  it  fails  to  main- 
tain compliance  with  the  requirements  of  this  chapter,  or 
any  other  reasonable  requirements  which  it  may  from  time 
to  time  make  with  respect  to  any  such  license  or  permit 
or  to  the  conduct  of  business  by  any  such  licensee  or  per- 
mittee, it  may,  after  hearing  or  opportunity  therefor,  mod- 
ify, suspend,  revoke  or  cancel  such  license  or  permit. 

In  case  of  modification,  suspension,  revocation  or  cancel- 
lation of  a  license  issued  by  the  licensing  authorities  or  of  a 
permit  issued  by  the  commission,  no  abatement  or  refund 
of  any  part  of  the  fee  paid  therefor  shall  be  made. 

The  licensing  authorities  empowered  to  issue  any  license 
or  permit  may  order  refunded  the  whole  or  any  part  of  the 
fee  for  such  a  license  or  permit  in  case  of  an  error  in  the  kind 
of  a  license  or  permit  issued,  or  may  order  the  fee  paid  for 
such  a  license  or  permit  refunded  to  the  applicant  if  he  has 
withdrawn  his  application  prior  to  the  issuance  of  the  license 
or  permit  applied  for,  or  to  the  licensee  or  permittee  if  he 
has  surrendered  the  license  or  permit  issued  to  him  and  such 
licensing  authorities  are  satisfied  that  no  right,  power  or 
privilege  has  been  exercised  thereunder.  Any  sums  ordered 
refunded  as  aforesaid  shall  be  paid  from  any  available  funds 
in  the  treasury  of  the  commonwealth  or  municipality  as  the 
case  may  be. 

Any  license  issued  under  this  chapter  may,  upon  applica- 
tion by  the  holder  thereof  to  the  licensing  authorities  issuing 
the  same,  be  transferred  from  one  location  to  another,  but 
no  new  license  fee  shall  be  required.  A  transfer  of  location 
of  a  license  issued  by  the  local  licensing  authorities  shall  be 
subject  to  the  prior  approval  of  the  commission.  The  local 
licensing  authorities  may  transfer  a  common  victualler's  or 
innholder's  license  issued  under  chapter  one  hundred  and 
forty  from  one  location  to  another  if  the  applicant  therefor 
is  also  the  holder  of  a  license  for  the  sale  of  alcoholic  bever- 
ages at  the  location  from  which  the  transfer  is  sought.  If 
the  local  licensing  authorities  of  any  city  or  town  refuse  to 
grant  or  fail  to  act  upon  an  application  for  a  transfer  of 
location  of  any  license  as  authorized  by  this  section,  the 
applicant  therefor  may  appeal  to  the  commission  under  sec- 
tion sixty-seven  in  the  same  manner  as  though  such  author- 
ities had  refused  to  grant  or  failed  to  act  upon  an  applica- 
tion for  an  original  license  under  this  chapter,  and  all  the 
provisions  of  said  section  shall  apply  to  such  an  appeal. 
Nothing  herein  contained  shall  be  construed  to  limit  or  pre- 
vent the  transfer  from  one  location  to  another  by  local  li- 
censing authorities  of  common  victuallers'  or  innholders' 
licenses  issued  under  chapter  one  hundred  and  forty  if  the 
applicant  for  such  a  transfer  is  not  the  holder  of  a  license  for 
the  sale  of  alcoholic  beverages. 


Acts,  1943.  —  Chap.  542.  723 

Any  license  under  this  chapter  held  by  an  individual,  part-  Trai.sfor  from 

i"  ,•  tTj.  rii  •T'li     one  licensee 

nersnip  or  corporation  may  be  transferred  to  any  individual,  to  another. 
partnership  or  corporation  qualified  to  receive  such  a  license 
in  the  first  instance,  if,  in  the  opinion  of  the  licensing  au- 
thorities, such  transfer  is  in  the  public  interest.  If  the  local 
licensing  authorities  determine  that  an  individual,  partner- 
ship or  corporation  is  not  entitled  to  a  transfer  as  aforesaid 
of  a  license  granted  by  them,  the  applicant  for  such  transfer 
may  appeal  to  the  commission  as  if  such  authorities  had  re- 
fused to  grant  the  license  to  such  individual,  partnership  or 
corporation  upon  an  original  application  therefor,  and  the 
decision  of  the  commission  upon  such  appeal  shall  be  final. 

In  the  case  of  the  death  of  an  individual  holder  of  any  License  to 
license  or  permit  under  this  chapter,  such  license  or  permit,  ^path^of  "p"" 
unless  earlier  surrendered,  revoked  or  cancelled,  shall  author-  licensee. 
ize  the  executor  or  administrator  of  the  deceased  licensee  or 
permittee  to  exercise  all  authority  conferred  upon  such  licen- 
see or  permittee  until  the  termination  thereof.     In  case  of 
the  appointment  of  a  receiver  or  trustee  in  bankruptcy  or 
otherwise  of  a  licensee  under  this  chapter,  such  license,  un- 
less earlier  surrendered,  revoked  or  cancelled,  shall  authorize 
such  receiver  or  trustee  to  exercise  all  authority  conferred  on 
such  licensee  until  the  termination  thereof. 

Every  license  and  permit  granted  under  the  provisions  of  Expiration 

oi  licenses 

this  chapter,  unless  otherwise  provided  in  such  provisions, 
shall  expire  on  December  thirty-first  of  the  year  of  issue,  sub- 
ject, however,  to  revocation  or  cancellation  within  its  term. 

Section  13.    Said  chapter  one  hundred  and  thirty-eight  g.  l.  (Xer. 
is  hereby  further  amended  by  striking  out  section  twenty-  f24,'e\^c^,' 
four,  as  most  recently  amended  by  chapter  two  hundred  and  amended. 
thirty-two  of  the  acts  of  nineteen  hundred  and  thirty-four, 
and  inserting  in  place  thereof  the  following  section :  —  Sec-  Regulations, 
Hon  24.     The  commission  shall,  with  the  approval  of  the  P"^^';<-=^t'°"-«t''- 
governor  and   council,   make  regulations  not  inconsistent  furnished  ^^ 
with  the  provisions  of  this  chapter  for  clarifying,  carrying  licensees. 
out,  enforcing  and  preventing  violation  of,  all  and  any  of 
its  provisions,  for  inspection  of  the  premises  and  method  of 
carrying  on  the  business  of  any  licensee,  for  insuring  the 
purity,  and  penalizing  the  adulteration,  or  in  any  way  chang- 
ing the  quality  or  content,  of  any  alcoholic  beverage,  for  the 
proper  and  orderly  conduct  of  the  licensed  business,  for  estab- 
lishing maximum  prices  chargeable  by  licensees  under  this 
chapter,  and  regulating  all  advertising  of  alcoholic  beverages, 
and  shall,  with  like  approval,  make  regulations  governing 
the  labelling  of  packages  of  alcoholic  beverages  as  to  their 
ingredients  and  the  respective  quantities  thereof.     Every 
such  regulation,  when  so  approved,  shall  be  printed  in  full 
in  one  issue  of  some  newspaper  of  general  circulation  pub- 
lished on  the  same  day  in  each  of  the  cities  of  Boston,  New 
Bedford,  Lowell,  Worcester,  Springfield  and  Pittsfield  and 
copies  of  such  regulations  shall  be  furnished  to  each  licensee. 
Fourteen  days  from  and  after  the  date  of  such  publication, 
any  such  regulation  made  and  approved  as  aforesaid  shall 


724 


Acts,  1943.  —  Chap.  542. 


G.  L.  (Ter. 
Ed.),  138, 
§  30,  etc., 
amended. 


Certificate 
of  fitness  for 
registered 
pharmacist. 


G.  L.  (Ter. 
Ed.),  138, 
§  34.  etc.. 
amended. 


Employment 
of  minors 
prohibited. 


have  the  force  and  effect  of  law  unless  and  until  amended  or 
annulled  by  the  commission  with  the  approval  of  the  gover- 
nor and  council. 

The  commission  shall,  at  least  annually  on  or  before  Decem- 
ber thirty-first  of  each  year,  publish  in  a  convenient  pamphlet 
form  all  regulations  then  in  force,  and  shall,  upon  request,  fur- 
nish a  copy  of  such  pamphlets  to  any  licensee  authorized 
under  the  provisions  of  this  chapter  to  sell  alcoholic  beverages. 

Section  14.  Section  thirty  of  said  chapter  one  hundred 
and  thirty-eight,  as  most  recently  amended  by  section  one 
of  chapter  eighty-three  of  the  acts  of  nineteen  hundred  and 
thirty-five,  is  hereby  further  amended  by  striking  out,  in  the 
tenth  line,  the  word  "and"  and  inserting  in  place  thereof  the 
word :  —  or,  —  so  as  to  read  as  follows :  —  Section  30.  The 
board  of  registration  in  pharmacy  may,  upon  the  payment 
of  a  fee  of  not  more  than  five  dollars  by  a  registered  phar- 
macist who  desires  to  exercise  the  authority  conferred  by 
section  twenty-nine,  issue  to  him  a  certificate  of  fitness, 
which  shall  expire  on  the  thirty-first  day  of  December  of  the 
year  for  which  or  part  of  which  the  same  was  issued,  stating 
that  in  the  judgment  of  said  board  he  is  a  proper  person  to 
be  intrusted  with  such  authority  and  that  the  public  good 
will  be  promoted  by  the  granting  thereof.  The  board  or  the 
local  licensing  authorities  may,  after  giving  a  hearing  to  the 
parties  interested,  revoke  or  suspend  such  certificate  for  any 
cause  which  they  may  deem  proper,  and  such  revocation  or 
suspension  shall  revoke  or  suspend  all  authority  conferred 
by  section  twenty-nine. 

Section  15.  Section  thirty-four  of  said  chapter  one  hun- 
dred and  thirty-eight,  as  most  recently  amended  by  sec- 
tion five  of  chapter  four  hundred  and  twenty-four  of  the 
acts  of  nineteen  hundred  and  thirty-seven,  is  hereby  further 
amended  by  inserting  after  the  word  "twelve"  in  the  eleventh 
line  the  words: — or  fifteen,  —  and  by  inserting  after  the 
word  "establishment"  in  the  twelfth  line  the  words: — if 
licensed  under  said  section  twelve,  or  in  any  area  of  such 
establishment  if  licensed  under  said  section  fifteen,  —  so  as 
to  read  as  follows :  —  Section  34.  No  person  shaU  receive  a 
license  or  permit  under  this  chapter  who  is  under  twenty- 
one  years  of  age.  Whoever,  being  licensed  under  this  chap- 
ter, employs  any  person  under  twenty-one  years  of  age  in 
the  direct  handling  or  selling  of  alcoholic  beverages  or  alco- 
hol or  whoever  makes  a  sale  or  delivery  of  any  such  bever- 
ages or  alcohol  to  any  person  under  twenty-one  years  of  age, 
either  for  his  own  use  or  for  the  use  of  his  parent  or  of  any 
other  person  or  whoever,  being  a  patron  of  an  establishment 
Ucensed  under  section  twelve  or  fifteen,  delivers  or  procures 
to  be  delivered  in  any  public  room  or  area  of  such  establish- 
ment if  licensed  under  said  section  twelve,  or  in  any  area  of 
such  estabhshment  if  licensed  under  said  section  fifteen,  any 
such  beverages  or  alcohol  to  or  for  the  use  of  a  person  whom 
he  knows  or  has  reason  to  believe  to  be  under  twenty-one 
years  of  ag^  shall  be  punished  by  a  fine  of  not  more  than 

V 


Acts,  1943.  —  Chap.  542.  725 

two  hundred  dollars  or  by  imprisonment  for  not  more  than 
six  months,  or  both. 

Section  16.     Said  chapter  one  hundred  and  thirty-eight  g.  l.  (Xer. 
is  hereby  further  amended  by  striking  out  section  sixty-  f esA.^etc.. 
three  A,  as  most  recently  amended  by  section  forty-one  of  amended. 
chapter  four  hundred  and  forty  of  the  acts  of  nineteen  hun- 
dred and  thirty-five,  and  inserting  in  place  thereof  the  fol- 
lowing section :  —  Section  63 A .    Any  person  who  hinders  or  Penalty  for 
delays  any  authorized  investigator  of  the  commission  or  any  wi\h"^fn-"^' 
investigator,   inspector  or  any  other  authorized   agent  of  spector,  etc. 
local  licensing  authorities  in  the  performance  of  his  duties, 
or  who  refuses  to  admit  to  or  locks  out  any  such  investiga- 
tor, inspector  or  agent  from  any  place  which  such  investi- 
gator, inspector  or  agent  is  authorized  to  inspect,  or  who 
refuses  to  give  to  such  investigator,  inspector  or  agent  such 
information  as  may  be  required  for  the  proper  enforcement 
of  this  chapter,  shall  be  punished  by  a  fine  of  not  less  than 
fifty  nor  more  than  two  hundred  dollars  or  by  imprisonment 
for  not  more  than  two  months,  or  both. 

Section  17.     Said  chapter  one  hundred  and  thirty-eight  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  section  sixty-five,  in-  j^gsjet^c^,' 
serted  by  section  two  of  chapter  three  hundred  and  seventy-  amended, 
six  of  the  acts  of  nineteen  hundred  and  thirty-three,  and 
inserting  in  place  thereof  the  following  section :  —  Section  65.  Licensee  to 

TT  ^         '■     .  ,.  11,-  c  "    r-    -J  1         deliver  license 

Upon  suspension,  revocation,  cancellation  or  lorieiture  by  upon 
the  licensing  authorities  of  a  license  or  permit  granted  under  '■^vocation. 
this  chapter,  the  holder  thereof  shall  forthwith  deliver  the  P'""''^'*y- 
same  to  such  authorities.     Refusal  so  to  deliver,  or  failure 
so  to  do  for  seven  days  following  a  request  therefor  by  such 
authorities,  shall  be  punished  by  a  fine  of  not  more  than  one 
hundred  dollars  or  by  imprisonment  for  not  more  than  three 
months,  or  both. 

Section  18.    Section  sixty-seven  of  said  chapter  one  hun-  g.  l.  (Ter. 
dred  and  thirty-eight,  as  most  recently  amended  by  chapter  §" e?,' et^c^; 
four  hundred  of  the  acts  of  nineteen  hundred  and  thirty-eight,  amended, 
is  hereby  further  amended  by  inserting  after  the  word  "in" 
in  the  sixth  line  the  word :  —  modifying,  —  so  that  the  first 
paragraph  of  said  section  will  read  as  follows :  —  Any  ap-  Appeals  from 
plicant  for  a  license  who  is  aggrieved  by  the  action  of  the  !,"uThoriTies!"'^ 
local  licensing  authorities  in  refusing  to  grant  the  same  or 
by  their  failure  to  act  within  the  period  of  thirty  days  lim- 
ited by  section  sixteen  B,  or  any  person  who  is  aggrieved  by 
the  action  of  such  authorities  in  modifying,  suspending,  can- 
celling, revoking  or  declaring  forfeited  the  same,  may  appeal 
therefrom  to  the  commission  within  five  days  following  no- 
tice of  such  action  or  following  the  expiration  of  said  period, 
upon  petition  in  writing,  setting  forth  all  the  material  facts 
in  the  case.    The  commission  may,  after  hearing,  due  notice 
whereof  shall  have  been  given,  sustain  the  action  of  the  local 
licensing  authorities  or  may  sustain  the  appeal,  in  which 
latter  case  it  shall  set  forth  in  writing  in  its  decision  its  rea- 
sons therefor,  and  the  decision  of  the  commission  shall  be 
final;   but,  pending  a  decision  on  the  appeal,  the  action  of 


726 


Acts,  1943. —  Chap.  542. 


G.  L.  (Ter. 
Ed.),  138. 
§  77,  etc., 
amended. 


Termination 
of  licenses 
in  certain 
cases. 


License  to  be 
held  in 
reserve  when 
federal 
authoritiea 
take  over 
property. 


License  to 
be  held  in 
reserve  if 
licensee  enters 
armed  forces. 


the  local  licensing  authorities  shall  have  the  same  force  and 
effect  as  if  the  appeal  had  not  been  taken.  Upon  the  peti- 
tion of  twenty-five  persons  who  are  taxpayers  of  the  city 
or  town  in  which  a  license  has  been  granted  by  such  authori- 
ties or  who  are  registered  voters  in  the  voting  precinct  or 
district  wherein  the  licensed  premises  are  situated,  or  upon 
its  own  initiative,  the  commission  may  investigate  the  grant- 
ing of  such  a  license  or  the  conduct  of  the  business  being 
done  thereunder  and  may,  after  a  hearing,  modify,  suspend, 
revoke  or  cancel  such  license  if,  in  its  opinion,  circumstances 
warrant. 

Section  19.  Said  chapter  one  hundred  and  thirty-eight 
is  hereby  further  amended  by  striking  out  section  seventy- 
seven,  inserted  by  section  two  of  chapter  three  hundred  and 
seventy-six  of  the  acts  of  nineteen  hundred  and  thirty-three, 
and  inserting  in  place  thereof  the  following :  —  Section  77. 
The  licensing  authorities  may,  after  hearing  or  reasonable 
opportunity  therefor,  cancel  any  license  issued  under  this 
chapter  if  the  licensee  ceases  to  conduct  the  licensed  busi- 
ness. If  the  local  licensing  authorities  determine  that  a 
license  should  be  cancelled  as  aforesaid  the  licensee  may 
appeal  to  the  commission  as  if  such  authorities  had  refused  to 
grant  the  license  upon  an  original  application  therefor,  and 
the  decision  of  the  commission  upon  such  appeal  shall  be  final. 

Section  20.  Any  holder  of  a  hotel  or  a  club  license  under 
section  twelve  of  chapter  one  hundred  and  thirty-eight  of 
the  General  Laws  who  ceases  to  exercise  such  license  by  rea- 
son of  the  use  of  the  hotel  or  club  covered  thereby  by  the 
miUtary  or  naval  authorities  of  the  United  States  during  the 
continuation  of  the  existing  state  of  war  between  the  United 
States  and  any  foreign  country  shall,  upon  surrender  of  his 
license,  be  entitled  to  have  said  license  held  in  reserve  by 
the  authorities  which  issued  the  same.  Any  license  surren- 
dered and  held  in  reserve  hereunder  shall,  for  the  purposes 
of  the  quota  restrictions  under  section  seventeen  of  said  chap- 
ter one  hundred  and  thirty-eight,  be  counted  as  a  license 
issued  and  outstanding,  and  any  such  license  shall  be  re- 
stored to  the  former  holder  upon  the  termination  of  the  use 
of  the  hotel  or  club  covered  thereby  for  military  or  naval 
purposes,  if  application  for  such  restoration  of  the  license  is 
made  within  ninety  days  after  the  termination  of  said  use 
of  the  hotel  or  club.  No  license  shall  be  reserved  hereunder 
unless  the  licensee  who  surrendered  the  same  pays  such  an- 
nual fee,  not  exceeding  ten  per  cent  of  the  annual  license  fee 
last  paid,  as  may  be  determined  by  the  licensing  authorities 
reserving  the  same. 

Section  21.  Any  holder  of  a  license  under  chapter  one 
hundred  and  thirty-eight  of  the  General  Laws  who  is  pre- 
vented from  exercising  such  license  by  reason  of  service  in 
the  military  or  naval  forces  of  the  United  States,  or  any  of 
the  allies'thereof,  or  by  reason  of  orders  of  the  military  au- 
thorities of  the  United  States,  during  the  continuation  of  the 
existing  state  of  war  between  the  United  States  and  any 


Acts,  1943.  —  Chap.  543.  727 

foreign  country  shall,  upon  surrender  of  his  license,  be  en- 
titled to^have  said  license  held  in  reserve  by  the  authorities 
which  issued  the  same.  Any  license  surrendered  and  held 
in  reserve  hereunder  shall,  for  the  purposes  of  the  quota 
restrictions  under  section  seventeen  of  said  chapter  one  hun- 
dred and  thirty-eight,  be  counted  as  a  license  issued  and  out- 
standing, and  any  such  license  shall  be  restored  to  the  former 
holder  upon  application  for  such  restoration  of  the  license 
made  within  six  months  after  his  discharge  or  release  from 
such  service,  or  from  such  orders,  as  the  case  may  be. 

Approved  June  IS,  194S. 

An  Act  relative  to  the  furnishing  of  water  to  towns  (Jhn'r)  543 

IN     THE     metropolitan     WATER     DISTRICT    AND     CERTAIN  ^' 

OTHER   TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  ninety-two  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  amended  by  striking  out  section  ten,  as  appearing  f^g^^le^j  ^  ^°' 
in  the  Tercentenary  Edition,  and  inserting  in  place  thereof 
the  following  section:  —  Section  10.    The  commission  shall  Construction 
construct,  maintain  and  operate  a  system  of  metropolitan  nancTTwater 
water  works  and  shall  provide  thereby  a  sufficient  supply  "■°'"''®- 
of  pure  water  for  the  following  named  towns  and  the  in- 
habitants thereof:  —  Arlington,  Belmont,  Boston,  Brookline,  cities  and 
Chelsea,  Everett,  Lexington,  Maiden,  Milton,  Medford,  Mel-  ^^tdct." 
rose,  Nahant,  Newton,  Quincy,  Revere,  Somerville,  Stone- 
ham,  Swampscott,  Watertown  and  Winthrop,  which  shall  be 
members  of  and  shall  constitute  the  metropolitan  water  dis- 
trict; shall  secure  and  protect  the  purity  of  said  water;  shall  Furnishing^ 
on  application  furnish  water  to  any  town  aforesaid  that  at  Cyond"  ^ 
the  time  of  application  owns  its  water  pipe  system;   shall  '^'s'"'^*- 
on  application  admit  to  membership  in  said  water  district 
any  other  town  any  part  of  which  is  within  ten  miles  of  the 
state  house,  and  any  other  town  any  part  of  which  is  within 
fifteen  miles  of  the  state  house  as  to  which  the  commission 
has  certified,  as  prescribed  by  this  section,  that  it  can  rea- 
sonably supply  it  with  water,  and  shall  furnish  water  to  the 
same  on  the  terms  prescribed  by  this  chapter  for  the  towns 
aforesaid,  upon  payment  of  an  entrance  fee  in  the  amount 
prescribed  by  this  section;  and  shall,  upon  appUcation,  fur- 
nish water  to  any  water  company  owning  the  water  pipe 
system  in  any  member  town,  upon  the  assumption  in  writ- 
ing by  such  water  company  of  the  assessments,  if  any,  of 
the  town,  and  upon  making  such  payment  as  the  commis- 
sion may  determine.     The  commission  shall  furnish  water 
to  the  member  town  or  company,  by  delivering  it  into  a 
main  water  pipe,  reservoir  or  tank  of  the  town  or  company, 
under  sufficient  pressure  for  use  without  local  pumping,  un- 
less delivered  in  some  other  manner  by  mutual  agreement 
between  the  parties  interested;  and  shall  have  the  direction 
and  control  of  the  connections  between  the  metropolitan  and 
local  systems. 


728  Acts,  1943.  —  Chap.  543. 

The  commission,  on  application  of  any  non-member  town, 
water  company  or  water  supply,  water,  fire  or  fire  and  water 
district,  may,  with  the  approval  of  the  state  department  of 
public  health,  hereinafter,  in  this  section,  called  said  depart- 
ment, construct  a  suitable  connection  with  its  system  of 
metropolitan  water  works  and  furnish  water  therefrom  to 
any  such  non-member  town,  water  company  or  district  on 
payment  of  such  sum,  limited  as  prescribed  by  this  section, 
as  the  commission  may,  after  October  first  in  the  year  nine- 
teen hundred  and  forty-three,  determine,  and  may  continue 
to  furnish  the  same  notwithstanding  any  provision  of  sec- 
tion forty  of  chapter  forty  of  the  General  Laws.  Payment 
by  each  non-member  town,  water  company  or  district  so 
supplied  for  such  water  shall  include  its  fair  share,  as  deter- 
mined by  the  commission,  of  the  cost  of  connection  which 
may,  if  and  as  so  determined,  be  distributed  over  a  period 
not  exceeding  ten  years.  Payment  for  water  so  supplied  to 
a  town  eligible,  as  previously  prescribed  in  this  section,  for 
membership  in  the  metropolitan  water  district  shall,  in  any 
case,  be  at  a  higher  rate  per  million  gallons  than,  in  the  opin- 
ion of  the  commission,  such  town  would  be  assessed  were  it 
a  member  of  said  district. 

The  commission,  subject  to  all  the  provisions  relating  to 
the  construction,  operation  and  maintenance  by  it  of  a  water 
supply  system  set  forth  in  this  chapter,  may  sell  and  deliver 
water  from  any  of  the  reservoirs  or  aqueducts  of  the  metro- 
politan water  system  to  any  concentration  camp  established 
in  the  commonwealth  by  the  United  States,  and  lay  and 
maintain  pipe  lines  and  other  works  necessary  therefor,  upon 
terms  and  conditions  to  be  agreed  upon  by  the  duly  author- 
ized officer  or  representative  of  the  United  States  govern- 
ment and  the  commission. 

On  or  before  October  first,  nineteen  hundred  and  forty- 
three,  the  commission  shall  transmit  to  said  department  of 
public  health  a  certified  list  of  towns  not  members  of  the 
metropolitan  water  district  located  wholly  or  in  part  within 
fifteen  miles  of  the  state  house  which  the  district  can  reason- 
ably supply  with  water  under  the  same  conditions  as  are 
prescribed  by  this  section  for  delivery  to  member  towns  and 
which  have  by  their  proper  officials  in  writing  requested  and 
been  furnished  directly,  with  a  supply  of  water  from  the  dis- 
trict, and  of  member  towns  which  have  not  made  applica- 
tion to  the  district  for  water;  and  the  commission  shall  in- 
clude in  supplementary  certified  lists  from  time  to  time  other 
towns  within  the  fifteen-mile  limit  requesting  water,  as  the 
district  becomes  able  to  so  supply  them.  On  or  before  Feb- 
ruary first  in  the  year  nineteen  hundred  and  forty-two, 
said  department  shall  determine,  in  the  case  of  each  town 
eligible  to  membership  in  the  district  and  on  or  before  No- 
vember first  in  each  year,  commencing  with  the  year  nine- 
teen hundred  and  forty-three,  in  the  case  of  each  town  listed 
as  hereinbefore  prescribed  in  this  section,  the  maximum  con- 
tinuous rate  at  which  the  water  supply  sources  for  said  town 


Acts,  1943. —  Chap.  543.  729 

may  be  safely  depended  upon  to  furnish  a  suitable  supply  of 
water  during  the  next  succeeding  three  years,  not  including 
water  supplied  from  any  other  town,  water  company  or 
district,  or  water  diverted  from  the  watershed  of  the  Charles 
river  in  excess  of  amounts  specifically  permitted  by  legisla- 
tive provisions,  or  water  obtained  under  section  forty  of 
chapter  forty  of  the  General  Laws,  or  from  said  metropoli- 
tan water  district;  provided,  that  the  right  of  any  town  to 
make  full  use  of  any  source  of  supply  owned  by  it  prior  to 
said  October  first,  nineteen  hundred  and  forty-three,  shall  be 
recognized  by  said  department  in  determining  said  maxi- 
mum continuous  rate  of  supply.  Coincidentally  with  such 
determination,  said  department  shall  report  to  the  commis- 
sion the  name  of  each  of  said  towns  which  it  finds  cannot 
so  supply  continuously  its  own  inhabitants,  in  addition  to 
meeting  obhgations,  if  any,  imposed  upon  it  by  law  to  supply 
other  towns,  with  a  quantity  ten  per  cent  in  excess  of  its 
average  consumption  during  the  three  previous  years,  and 
shall  notify  each  of  said  towns  of  its  finding  with  respect 
thereto.  Each  town  shall  have  the  right  to  have  a  hearing 
before  said  department  prior  to  the  department  making  any 
report.  If  a  town  after  such  hearing  is  not  so  reported,  it 
still  may  request  a  connection  with  the  metropolitan  water 
system  by  a  two  thirds  vote  of  its  governing  legislative  body 
in  a  city  or  a  town  having  a  fonn  of  representative  town 
meeting  government,  or,  by  a  two  thirds  vote  of  a  town 
meeting  in  any  other  town;  and  said  commission  may  there- 
upon install  said  connection  subject  to  such  terms  as  may  be 
agreed  upon  by  such  city  or  town  and  said  commission. 

The  supreme  judicial  court,  on  application  by  any  town 
so  reported,  received  prior  to  January  first  next  following 
such  determination  and  report  of  said  department,  and  after 
notice  to  such  town  so  reported  and  to  said  department,  and 
after  a  hearing,  shall  appoint  three  commissioners,  herein- 
after referred  to  as  assessment  commissioners.  Such  assess- 
ment commissioners  shall,  after  due  notice  and  hearing,  and 
in  such  manner  and  to  such  extent  as  they  shall  deem  just 
and  equitable,  review  and,  if  necessary,  modify  the  findings 
of  said  department  as  to  such  lack  of  an  excess  supply, 
determine  whether  any  or  all  of  such  towns  shall  be  pro- 
vided with  a  water  supply  connection  and  be  assessed  as 
prescribed  by  this  section,  and  report  the  results  of  their  de- 
terminations to  said  court  on  or  before  March  first  next  fol- 
lowing or  as  soon  thereafter  as  may  be.  When  said  report 
shall  have  been  accepted  by  the  court  it  shall  be  conclusive 
and  binding  upon  said  district  and  town  or  to^ns,  which 
shall  thereupon  pay  the  compensation  and  expenses  of  the 
assessment  commissioners  in  accordance  with  the  order  of 
the  court,  such  portion  as  said  district  is  required  to  pay 
being  added  by  the  state  treasurer  to  the  cost  of  mainte- 
nance and  operation  of  the  metropolitan  water  works,  and 
such  cost  as  any  of  said  towns  is  required  to  pay  being  paid 
by  the  town  to  the  commonwealth  at  the  time  required  for 


730  Acts,  1943.  —  Chap.  543. 

payment  of,  and  as  part  of,  its  state  taxes.    The  court  shall 
fix  and  determine  the  compensation  of  said  assessment  com- 
missioners and  shall  allow  such  expenses  incurred  by  them  in 
carrying  out  the  provisions  of  this  section  as  it  shall  approve. 
The  metropolitan  water  district  shall  provide  a  connec- 
tion to  supply  immediate  needs  to  each  town  the  inadequacy 
of  the  water  supply  of  which  has  been  so  reported  by  said 
department  and,  in  case  of  application  to  the  supreme  judi- 
cial court  as  hereinbefore  provided,  has  been  confirmed  by 
the  determination  of  said  court,  unless  such  town  is  already 
adequately  connected  either  to  the  supply  lines  of  said  dis- 
trict or  to  those  of  an  adjoining  town,  water  company  or 
district  obtaining  its  water  supply  wholly  or  in  part  from 
the  metropolitan  water  district.     Each  such  town  shall  be 
assessed  and  pay,  as  prescribed  by  section  twenty-six,  its 
fair  share  of  the  cost  of  said  connection  as  determined  by  the 
commission  and  certified  to  the  state  treasurer,  which  may, 
if  and  as  determined  by  the  commission,  be  distributed  over 
a  period  not  exceeding  ten  years.     Each  town  so  reported, 
upon  the  providing  of  such  connection,  and  each  town  not 
so  reported,  except  as  hereinafter  provided,  which  is  given 
or  continues  to  have  a  connection  directly  between  its  own 
mains  and  the  supply  mains  of  the  metropolitan  water  dis- 
trict's distributing  system,  shall  annually,  until  it  becomes 
a  member  of  said  district,  be  assessed  and  pay,  as  prescribed 
by  said  section  twenty-six,  a  premium  equal,  in  the  year 
nineteen  hundred  and  forty-two,  to  three  hundredths  of  one 
per  cent,  and  in  subsequent  years  to  three  two  hundredths 
of  one  per  cent,  of  its  valuation;    and  any  water  company 
which  is  supplied  by  the  metropolitan  water  district  and 
which  has  a  connection  for  supplying  any  town  so  reported 
by  said  department,  shall  annually,  until  such  town  be- 
comes a  member  of  said  district,  pay,  as  prescribed  by  said 
section  twenty-six,  a  premium  equal  to  three  two  hundredths 
of  one  per  cent  of  the  valuation  of  such  town  so  supplied; 
provided,  that  the  assessment  of  such  premium  shall  cease 
upon  the  failure  of  said  department  to  so  report  a  town, 
either  in  the  case  of  any  town  which  does  not  have  a  direct 
connection  with  said  system,  or  in  the  case  of  any  town 
which  breaks   its   connection   within   thirty   days   after  it 
ceases  to  be  so  reported;   and  provided,  further,  that,  sub- 
sequent to  the  year  in  which  the  aggregate  amount  of  all 
such  premiums  paid  by  any  town,  commencing  in  nineteen 
hundred  and  forty-two,  shall  equal  the  amount  of  the  lim- 
iting entrance  fee  prescribed  by  this  section  for  admission 
of  such  town  in  that  year,  the  premium  of  such  non-member 
town  shall  be  reduced  to  a  sum  equivalent  to  the  assess- 
ment paid  by  a  member  town  which  has  not  yet  made  ap- 
plication to  the  district  for  water,  so  that  such  non-member 
town  shall  thereafter,  in  addition  to  payments  for  water  pur- 
chased from  the  district,  share  with  the  member  towns  the 
total  district  assessment,  there  being  included  in  the  reck- 


Acts,  1943.  —  Chap.  543.  731 

oning  of  its  proportionate  share  only  one  fifth  of  its  valua- 
tion and  nothing  for  its  consumption  of  water. 

Until  its  premium  has  been  so  reduced,  any  town  may  pay  ^ 
annually  a  premium  of  more  than  three  two  hundredths  of 
one  per  cent  of  its  valuation;  and  such  town  may  at  any 
time  pay  the  balance  needed  to  so  reduce  the  amount  of 
premium,  and,  for  the  purpose  of  providing  funds  therefor, 
may  borrow  a  sum  not  exceeding  such  balance  and  may  issue 
bonds  or  notes  therefor  bearing  on  their  face  the  words: 
"City  (or  town)  of  ,  Water  Loan  Act  of  1943"  and 

payable  within  thirty  years  from  their  dates  or  within  such 
shorter  time  as  may  be  fixed  by  the  director  of  accounts  in 
the  department  of  corporations  and  taxation.  Indebtedness 
so  incurred  shall  be  inside  the  statutory  limits  of  indebted- 
ness provided  by  section  eight  of  chapter  forty-four  of  the 
General  Laws,  and,  except  as  provided  herein,  shall  be  sub- 
ject to  all  provisions  of  said  chapter  forty-four. 

Until  such  town  upon  its  application  is  admitted  to  the 
metropolitan  water  district,  it  may  purchase  water  in  any 
quantity  from  the  district  at  a  cost  per  million  gallons  equal 
to  fifty  dollars  plus  the  product  of  twenty-five  dollars  by  the 
ratio  of  the  town's  valuation  to  the  aggregate  valuation  of  all 
members  of  the  district  and  by  the  inverse  ratio  of  the  town's 
total  water  consumption  to  the  aggregate  consiunption  of 
all  members  in  the  preceding  j^ear.  Each  town  which  is  a 
member  of  said  district,  and  which  is  supplied  wholly  or  in 
part  from  sources  the  inadequacy  of  which  has  been  so  re- 
ported by  said  department,  and  which  report,  in  the  case  of 
application  to  the  supreme  judicial  court,  has  been  con- 
firmed by  it,  shall,  for  the  purpose  of  determining  the  method 
of  its  assessment  under  said  section  twenty-six,  be  considered 
as  having  reached  the  safe  capacity  of  its  present  sources  of 
supply  or  of  the  sources  of  supply  of  the  water  company  by 
which  it  is  supplied,  as  the  case  may  be,  and  as  having  made 
application  to  the  metropolitan  water  district  for  water.  Au- 
thority is  hereby  granted  to  any  water  company  or  town 
adjoining  any  town  so  reported  and  obtaining  its  water  sup- 
ply wholly  or  in  part  from  the  metropolitan  water  district 
to  provide  a  connection  and  a  supply  of  water  to  such  town 
so  reported  or  found  to  have  inadequate  water  supply.  Any 
town  or  water  company  obtaining  its  water  supply  wholly 
or  in  part  from  the  metropolitan  water  district  shall  promptly 
upon  request  furnish  to  the  commission  a  certified  statement 
and  description  of  its  connections  for  supplying  water  to  any 
town  specified  in  such  request. 

As  used  in  this  chapter,  the  word  "valuation"  means  the 
taxable  valuation  last  established  by  the  general  court  as  a 
basis  of  apportionment  for  state  and  county  taxes,  and  the 
words  "membership",  "eligibility  to  membership  "  and  words 
of  like  import  refer  only  to  the  membership  which  is  subject 
to  the  annual  assessment  by  apportionment,  as  provided  in 
said  section  twenty-six,  following  voluntary  application  by 


732  Acts,  1943.  —  Chap.  543. 

the  town  and  admission  by  the  commission,  and  not  to  towns 
subject  to  the  assessment  of  premiums  as  prescribed  in  this 
section  nor  to  towns  purchasing  water  from  the  district. 

Any  town  may  be  admitted  to  membership  in  the  metro- 
poHtan  water  district  without  payment  of  any  entrance  fee, 
if  it  takes  its  entire  water  supply  from  the  commission,  and 
the  entrance  fee  of  any  town  which  does  not  so  take  its  en- 
tire water  supply  shall  be  that  determined  by  the  commis- 
sion, but  not  more  than  such  entering  town's  proportionate 
share,  determined  as  hereinafter  provided,  of  the  aggregate 
total  assessments  that  have  been  made,  prior  to  the  first 
assessment  to  be  shared  by  such  entering  town,  on  account 
of  the  retirement  of  bonds  issued  in  and  after  the  year  nine- 
teen hundred  and  twenty-seven  to  finance  the  construction 
of  the  metropolitan  water  works,  less  the  net  water  debt,  if 
any,  on  December  first  immediately  prior  to  said  first  assess- 
ment shared,  on  account  of  the  cost  of  works  constructed  by 
the  commission  prior  to  the  year  nineteen  hundred  and 
twenty-seven.  Such  proportionate  share  of  the  net  sum  to 
be  apportioned  shall  be  determined  by  taking  only  one  third 
of  said  net  sum,  apportioning  this  among  all  towns  which  are 
members  of  the  metropolitan  water  district  and  all  towns 
which  are  not  members  but  eligible  to  membership,  in  pro- 
portion to  their  respective  valuations,  and  deducting  from 
such  entering  town's  share  a  credit  of  the  aggregate  total  of 
any  annual  premiums  paid  as  prescribed  by  this  section. 

All  payments  made  as  aforesaid  for  admission  of  towns 
and  for  furnishing  water  to  water  companies  and  to  towns, 
and  for  selling  and  delivering  water  to  any  concentration 
camp,  shall  be  appropriated  to  the  payment  of  the  cost  in- 
curred by  the  district  in  connecting  such  town,  water  com- 
pany or  concentration  camp  with  the  metropolitan  water 
system,  and  the  balance  after  such  cost  is  paid,  as  well  as 
all  other  payments  for  furnishing  water  to  a  town  or  water 
company  in  case  of  fire  or  other  emergency,  or  as  otherwise 
authorized,  except  payments  as  annual  assessments  by  towns 
or  water  companies,  shall  be  applied  by  the  state  treasurer 
to  the  sinking  fund  established  for  the  payment  of  bonds, 
or  to  the  payment  of  serial  bonds,  issued  on  account  of  the 
metropolitan  water  district.  All  payments  made  as  annual 
assessments,  either  by  towns  or  by  water  companies,  shall 
be  applied  as  provided  in  section  twenty-five. 
tod8^fo7°''  Section  1A.    In  order  to  provide  funds  to  construct  any 

constrviction,  watcr  supply  conuection  provided  under  section  ten  of  chap- 
ter ninety-two  of  the  General  Laws,  as  amended  by  section 
one  of  this  act,  in  anticipation  of  the  payment  therefor  by 
the  town  to  be  connected,  the  state  treasurer,  with  the  ap- 
proval of  the  governor,  may  borrow  from  time  to  time,  on 
the  credit  of  the  commonwealth,  such  amounts  as  may  be 
certified  by  the  metropolitan  district  commission  to  be  nec- 
essary to  provide  such  temporary  funds,  not  exceeding  two 
hundred  and  fifty  thousand  dollars  in  any  year,  and  the 
state  treasurer  may  issue  notes  of  the  commonwealth  there- 


etc. 


Acts,  1943.  —  Chap.  543.  733 

for,  bearing  interest  payable  at  such  times  and  at  such  rates 
as  shall  be  fixed  by  him  with  the  approval  of  the  governor. 
Such  notes  shall  be  issued  for  such  terms  as  the  governor 
may  recommend  to  the  general  court  in  accordance  with 
section  three  of  Article  LXII  of  the  amendments  to  the  con- 
stitution of  the  commonwealth. 

Section  2.  Section  twenty-six  of  said  chapter  ninety-  g.  l.  (Xer. 
two,  as  so  appearing,  is  hereby  amended  by  striking  out  the  ameAde^ci.^ "''" 
first  paragraph  and  inserting  in  place  thereof  the  following 
paragraph :  —  The  state  treasurer,  for  the  purpose  of  mak-  Apportion- 
ing the  apportionment  to  the  towns  in  the  metropolitan  "ip^n^is. 
water  district  of  the  amount  required  in  each  year  to  pay 
the  interest,  sinking  fund  requirements  and  expenses  of 
maintenance  and  operation  of  the  metropolitan  water  sys- 
tem, shall,  in  each  year,  apportion  such  amount  to  the  towns 
in  said  district,  one  third  in  proportion  to  thfeir  valuations, 
and  the  remaining  two  thirds  in  proportion  to  their  con- 
sumption, in  the  preceding  year,  of  water  received  from  all 
sources  of  supply  as  determined  by  the  commission  and  certi- 
fied to  said  state  treasurer;  provided,  that  there  shall  be 
included  in  reckoning  such  proportion  only  one  fifth  of  the 
total  valuation,  and  nothing  for  consumption  of  water,  for 
any  town  which  has  not  reached  the  safe  capacity  of  its 
present  sources  of  supply  or  of  the  sources  of  supply  of  the 
water  company  by  which  it  is  supplied,  as  the  case  may  be, 
determined  as  aforesaid,  or  which  has  not  made  application 
to  said  commission  for  water;  and  provided,  further,  that 
the  assessment  of  any  town  assessed  upon  its  full  valuation, 
which  obtains  a  part  of  its  water  supply  from  other  than 
district  sources,  shall  not  exceed,  by  more  than  three  two 
hundredths  of  one  per  cent  of  such  valuation,  the  product 
of  the  total  number  of  million  gallons  of  water  supplied  to 
said  town  in  the  preceding  year  from  the  metropolitan  water 
system  by  a  cost  per  million  gallons  equal  to  forty  dollars 
plus  the  product  of  twenty  dollars  by  the  ratio  of  the  town's 
valuation  to  the  aggregate  valuation  of  all  members  of  the 
district  and  by  the  inverse  ratio  of  the  town's  total  water 
consumption  to  the  aggregate  consumption  of  all  members 
in  the  preceding  year.  If  any  town  is  admitted  to  the  met- 
ropolitan water  district  too  late  in  any  year  to  share  with 
the  other  members  the  total  district  assessment  for  that 
year,  it  shall  be  assessed  and  pay  as  a  part  of  its  assessment 
for  the  following  year  a  sum  equal  to  the  product  of  the 
total  number  of  million  gallons  of  water  furnished  it  by  the 
district  during  the  balance  of  the  year  of  its  admission  by  a 
cost  per  million  gallons  equal  to  forty  dollars  plus  the  prod- 
uct of  twenty  dollars  by  the  ratio  of  the  town's  valuation 
to  the  aggregate  valuation  of  all  members  of  the  district  and 
by  the  inverse  ratio  of  the  town's  total  water  consumption 
to  the  aggregate  consumption  of  all  members  in  the  pre- 
ceding year.  The  state  treasurer  shall  annually  notify  each 
town  assessed  under  the  provisions  of  this  section  and  of 
section  ten,  of  the  amount  of  its  assessment,  and  the  same 


734 


Acts,  1943.  —  Chap.  544. 


1941,  ch.  727, 
repealed. 


shall  be  paid  by  the  town  to  the  commonwealth  at  the  time 
required  for  the  payment  of,  and  as  a  part  of,  its  state  tax. 
The  commission  shall  annually  notify  the  commissioner  of 
corporations  and  taxation  of  the  liability  of  any  water  com- 
pany for  the  payment  of  a  premium  under  the  provisions 
of  section  ten  hereof,  and  said  commissioner  shall  assess  such 
premium  as  a  part  of  the  franchise  tax  of  such  water  com- 
pany. Said  commissioner  shall  collect  such  premium  as  a 
part  of  such  franchise  tax  and  the  proceeds  from  all  such 
payments  shall  be  transferred  to  the  state  treasurer  and  used 
by  him  to  meet  the  expenses  of  maintenance  and  operation 
of  the  metropolitan  water  works. 

Section  3.  Chapter  seven  hundred  and  twenty-seven  of 
the  acts  of  nineteen  hundred  and  forty-one  is  hereby  re- 
pealed. Approved  June  12 y  1943. 


Chap 


G.  L.  (Ter. 
Ed.),  22,  new 
§  13  added. 


Board  of 
standards 
and  appeals. 


Appointment, 
qualifica- 
tions, etc. 


.544  An  Act  establishing  within  the  department  of  public 
safety  a  board  of  standards  and  appeals,  and  es- 
tablishing its  powers  and  duties,  and  making  cer- 
tain corrective  changes  in  the  laws  relative  to 
the  inspection  and  regulation  of,  and  licenses  for, 
buildings. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  twenty-two  of  the  General  Laws  is 
hereby  amended  by  inserting  after  section  twelve,  as  appear- 
ing in  the  Tercentenary  Edition,  the  following  new  section: 
—  Section  13.  There  shall  be  in  the  department,  but  not 
under  the  control  of  the  commissioner,  a  board  to  be  known 
as  the  board  of  standards  and  appeals,  which  shall  consist 
of  five  members,  to  be  appointed  by  the  governor,  with  the 
advice  and  consent  of  the  council,  for  terms  of  five  years 
each.  One  of  such  members  shall,  when  appointed,  be  a 
registered  architect,  one  a  registered  professional  engineer, 
one  a  contractor,  one  a  representative  of  the  building  trades 
unions,  and  one  a  safety  engineer.  Of  the  members  of  said 
board  originally  appointed  the  governor  shall  designate  one 
member  as  chairman.  Upon  the  termination  of  service  on 
said  board  of  such  chairman,  and  thereafter,  the  member 
senior  in  service,  and  with  the  longest  original  term  of  office, 
if  a  member  of  the  board  originally  appointed  under  this 
section,  shall  be  the  chairman. 

There  shall  also  be  five  associate  members  of  said  board, 
to  be  appointed  in  the  same  manner  and  for  the  same  terms 
as  the  members  of  said  board.  One  of  such  associate  mem- 
bers shall,  when  appointed,  be  a  registered  architect,  one  a 
registered  professional  engineer,  one  a  contractor,  one  a  rep- 
resentative of  the  building  trades  unions,  and  one  a  safety 
engineer.  In  the  event  of  the  absence,  disability  or  disquali- 
fication of  a  member  of  such  board,  the  chairman  shall  des- 
ignate the  associate  member  thereof,  having  like  qualifica- 


Acts,  1943.  —  Chap.  544.  735 

tions,  to  sit  on  the  board  during  such  absence,  disabihty  or 
disquahfication. 

No  member  or  associate  member  shall  act  as  a  member 
of  the  board,  or  vote  as  such,  in  connection  with  any  matter 
as  to  which  his  private  right,  distinct  from  the  public  in- 
terest, is  immediately  concerned. 

A  majority  of  said  board,  constituted  as  above  provided, 
may  transact  business,  but  a  lesser  number  may  adjourn 
from  time  to  time. 

Each  member  of  said  board,  and  each  associate  member 
while  sitting  as  a  member  of  said  board,  shall  be  paid  twenty 
dollars  for  each  day  while  in  the  actual  performance  of  his 
duties  as  such,  but  not  exceeding  one  thousand  dollars  in 
any  fiscal  year,  and  shall  also  receive  from  the  common- 
wealth all  expenses  necessarily  incurred  by  him  in  connec- 
tion with  his  official  duties. 

Section  2.    Chapter  one  hundred  and  forty-three  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  striking  out  section  fi^endetf,'  ^  ^' 
three,  as  appearing  in  the  Tercentenary  Edition,  and  insert-  ??"i?!^TT 
ing  in  place  therepf  the  following  nine  sections :  —  Section  3.  added. 
Every  city,  subject  to  the  provisions  of  any  special  law  rela-  Regulations 
tive  thereto,  and  every  town  may,  for  the  prevention  of  fire,  and"owns. 
and  the  preservation  of  life,  health  and  morals,  by  ordinances 
or  by-laws  consistent  with  law  and  applicable  throughout 
the  whole  or  any  defined  part  of  its  territory,  regulate  the 
inspection,  materials,  construction,  alteration,  repair,  height, 
area,  location  and  use  of  buildings  and  other  structures 
within  its  limits,  except  such  as  are  owned  or  occupied  by 
the  United  States,  or  owned  or  occupied  by  the  common- 
wealth other  than  those  used  in  whole  or  in  part  as  a  place 
of  assembly,  and  except  bridges,  quays  and  wharves,  and 
may  prescribe  penalties  not  exceeding  one  hundred  dollars 
for  every  violation  of  such  ordinances  or  by-laws. 

Section  3 A .    For  the  purposes  of  this  chapter  the  admin-  Certain  mu; 
istrative  head  of  the  fire  department  in  each  city  or  town,  "o^^^dre^^ed^ 
and  the  officer  or  board  charged  with  the  duty  of  inspecting  agents,  etc.,  of 

■ .  ?       ,  1  ,  ,  •  ,  commissioner 

or  issumg  permits  or  licenses  for  the  construction,  reconstruc-  of  public 
tion,  alteration,  repair,  demolition,  removal,  use  and  occu-  *^^^*y- 
pancy  of  any  places  of  assembly  therein,  or,  if  there  is  no 
such  administrative  head,  officer  or  board  in  any  town,  the 
board  of  selectmen  thereof,  shall  be  deemed  to  be  authorized 
representatives  of  the  commissioner  of  public  safety,  in  this 
and  the  seven  following  sections  called  the  commissioner,  for 
the  enforcement  of  all  laws,  rules  and  regulations,  ordinances 
and  by-laws  relative  to  the  protection  of  life  and  limb  in  all 
places  of  assembly  in  any  city  or  town  and  may  take  any 
action  necessary  to  insure  compliance  therewith. 

Section  SB.     The  commissioner  of  public  safety,  herein  Rules  and 
and  in  the  six  following  sections  called  the  commissioner,  sub-  app^J-ovT''' 
ject  to  the  approval  of  the  board  of  standards  and  appeals  of,  etc. 
shall,  and  said  board  of  its  own  motion  may,  make  rules  and 
regulations  relating  to  the  construction,  reconstruction,  alter- 


736  Acts,  1943. —  Chap.  544. 

ation,  repair,  demolition,  removal,  use  and  occupancy,  and 
to  the  standards  of  materials  to  be  used  in  such  construc- 
tion, reconstruction,  alteration,  repair,  demolition,  removal, 
use  and  occupancy  of  any  building  or  portion  thereof  which, 
under  section  one,  may  be  deemed  to  be  a  place  of  assembly; 
and  such  rules  and  regulations  shall  be  in  accord  with  the 
generally  accepted  standards  of  engineering  practice  and  not 
inconsistent  with  law.  The  commissioner,  within  ten  days 
after  approval  thereof  by  the  board  of  standards  and  ap- 
peals, shall  deposit  with  the  state  secretary  a  copy  of  the 
rules  and  regulations  as  so  approved,  and  the  -same  shall 
become  effective  when  so  deposited.  One  copy  of  each  issue 
of  such  rules  and  regulations  shall  be  forwarded  by  registered 
mail  to  the  officer  or  board  in  each  city  or  town  charged  with 
the  duty  of  issuing  permits  or  licenses  for  the  construction, 
reconstruction,  alteration,  repair,  demolition,  removal,  use 
and  occupancy  of  such  places  of  assembly;  and  registry 
return  receipts  shall  be  filed  in  the  department.  All  provi- 
sions of  this  chapter  and  of  the  rules  and  regulations  issued 
thereunder  shall  be  binding,  without  further  acceptance,  upon 
each  city  and  town  and  upon  each  such  officer  or  board;  or, 
if  there  is  no  such  officer  or  board  in  any  town,  then  upon 
the  board  of  selectmen  thereof;  but  this  section  shall  not 
be  construed  as  prohibiting  any  city,  subject  to  the  provi- 
sions of  any  special  law  relative  thereto,  or  any  town,  by 
ordinance  or  by-law,  from  making  further  restrictions,  in 
accordance  with  the  generally  accepted  standards  of  engi- 
neering practice  and  not  inconsistent  with  law,  for  the  pro- 
tection of  life  and  limb  in  any  of  said  places  of  assembly, 
except  theatres. 
Mdce'etc  SectioTi  SC .     Any  person  aggrieved  by  a  decision  of  the 

officer  or  board  of  a  city  or  town  charged  with  the  duty  of 
inspecting  or  issuing  permits  or  licenses  for  the  construction, 
reconstruction,  alteration,  repair,  demolition,  removal,  use 
and  occupancy  of  places  of  assembly  therein,  or,  if  there  is 
no  such  officer  or  board  in  any  town,  then  the  board  of 
selectmen  thereof,  may,  within  ten  days  after  having  re- 
ceived written  notice  of  such  a  decision,  appeal  therefrom  to 
the  commissioner,  who,  after  fourteen  days'  notice  to  the 
appealing  parties  and  to  such  other  persons  as  he  shall  de- 
termine to  be  interested  parties,  shall  give  a  hearing  and 
shall,  within  thirty  days  thereafter,  render  his  decision  on 
said  appeal  and  give  written  notice  of  his  decision  to  all  per- 
sons interested,  as  above  provided.  Any  person  or  party 
interested  aggrieved  by  a  decision  of  the  commissioner  on 
such  an  appeal  may,  within  thirty  days  after  having  received 
written  notice  of  the  commissioner's  decision  on  such  an 
appeal,  appeal  to  the  board  of  standards  and  appeals  who, 
after  fourteen  days'  notice  to  the  appealing  parties  and  to 
such  other  persons  as  it  deems  to  be  parties  in  interest,  shall 
give  a  hearing  and  shall,  within  thirty  days  thereafter,  con- 
firm or  modify  the  commissioner's  decision  or  confirm  the 


Acts,  1943.  — Chap.  544.  737 

original  decision  of  the  officer  or  board  above  referred  to, 
and  shall  forthwith  give  written  notice  of  such  decision  to 
all  parties  in  interest,  as  above  determined. 

Any  person  aggrieved  by  a  decision  of  said  board  may, 
within  thirty  days  after  receiving  written  notice  thereof,  bring 
a  petition  in  the  supreme  judicial  or  superior  court  for  the 
county  where  the  property  in  question  lies  for  a  writ  of  cer- 
tiorari to  correct  errors  of  law  in  the  proceedings,  and  the 
provisions  of-  section  four  of  chapter  two  hundred  and  forty- 
nine  of  the  General  Laws,  so  far  as  apt,  shall  apply  to  said 
petition. 

Section  3D.  The  commissioner  or  his  authorized  repre-  inspection 
sentative  may  inspect  at  any  time  any  place  of  assembly  or  assembly"^ 
any  building,  portion  of  a  building  or  room  in  which  such 
place  of  assembly  is  located,  for  the  purpose  of  ascertaining 
whether  or  not  there  has  been  or  is  a  violation  of  any  law, 
rule,  regulation,  ordinance  or  by-law  for  the  protection  of 
life  and  limb  in  such  place  of  assembly. 

The  commissioner  may  require  that  any  room,  portion  of 
a  building  or  building  which,  by  reason  of  use  or  occupancy, 
may  be  deemed  to  be  a  place  of  assembly,  shall  comply  with 
all  provisions  of  law,  rules  and  regulations,  ordinances  and 
by-laws  relative  to  the  protection  of  life  and  limb  in  such 
places  of  assembly. 

Section  3E.  Every  decision  of  the  board  of  standards  and  fjj^'^'d  to\e^ 
appeals  shall  be  in  writing  and  shall  be  filed  forthwith  in  the  in  writing. 
office  of  the  commissioner.  A  certified  copy  of  such  decision 
shall  be  sent  to  the  officer  or  board  in  the  city  or  town  charged 
with  the  duty  of  inspecting  or  issuing  permits  or  licenses 
for  the  construction,  reconstruction,  alteration,  repair,  demo- 
lition, removal,  use  and  occupancy  of  places  of  assembly 
therein,  or,  if  there  is  no  such  officer  or  board  in  any  town, 
then  the  board  of  selectmen  thereof,  and  shall  be  kept  on 
file  in  the  office  of  such  officer  or  board  and  open  to  public 
inspection. 

Pending  an  appeal  from  any  order  or  decision  of  the  com- 
missioner, on  appeal  from  action  of  the  local  officer  or  board, 
the  order  or  decision  of  the  commissioner  shall  remain  in  full 
force  and  effect.  If  his  order  or  decision  is  confirmed  upon 
appeal  it  shall  thereafter  have  full  force  and  effect,  but  if  it 
is  modified  or  annulled  upon  appeal  the  commissioner  shall 
issue  an  order  in  accordance  therewith  within  a  period  of  not 
exceeding  ten  days  following  the  date  of  receipt  by  him  of 
written  notification  of  such  modification  or  annulment. 

Section  3F.  When  a  decision  upon  appeal  has  been  ren-  Effect  of 
dered  by  the  board  of  standards  and  appeals  no  further  upon  appeal. 
petition  relative  to  the  same  place  of  assembly  shall  be  filed 
with  the  commissioner  for  the  period  of  at  least  one  year 
thereafter,  unless  in  the  opinion  of  the  commissioner  the 
new  petition  is  substantially  different  in  character  from  the 
one  originally  submitted  or  unless  the  conditions  surround- 
ing the  original  petition  have  so  changed  as  to  justify  a 


738 


Acts,  1943. —  Chap.  544. 


Maximum 
number  of 
persons  to  be 
permitted 
in  place  of 
assembly. 


Application 
of  §§  3-3G. 


G.  L.  (Ter. 
Ed.),  143,  etc., 
amended. 


G.  L.  (Ter. 
Ed.),  143,  §  34, 
amended. 


Licenses  for 
theatres,  etc. 


rehearing  thereon;  and  in  each  instance  the  commissioner 
shall  promptly  inform  in  writing  the  petitioner  as  to  his 
decision. 

Section  3G.  The  officer  or  board  of  a  city  or  town  charged 
with  the  duty  of  inspecting  or  issuing  permits  or  licenses  for 
the  construction,  reconstruction,  alteration,  repair,  demoli- 
tion, removal,  use  and  occupancy  of  places  of  assembly 
therein,  or,  if  there  is  no  such  officer  or  board  in  any  town, 
then  the  board  of  selectmen  thereof,  shall  determine  the 
maximum  number  of  persons  to  be  permitted  in  any  place 
of  assembly  at  any  one  time,  and  shall  order  the  owner, 
tenant  or  lessee  of  such  place  of  assembly  to  post  in  such 
building  or  portion  of  the  building  within  which  the  place  of 
assembly  is  located  as  he  deems  necessary  a  placard,  or  plac- 
ards, setting  forth, the  maximum  number  of  persons  to  be 
permitted  to  assemble  therein  and  indicating  the  location  of 
each  exit  or  means  of  egress  from  such  place  of  assembly. 
Every  such  placard  shall  be  of  such  size  and  form  as  may  be 
prescribed  from  time  to  time  by  the  commissioner. 

This  section  shall  not  apply  to  theatres,  special  halls  and 
public  halls. 

Section  SH.  Sections  three  to  three  G,  inclusive,  shall 
apply  to  all  municipal,  county  and  state  buildings  which  are 
used  in  whole  or  in  part  as  places  of  assembly,  as  well  as  to 
all  private  buildings  used  for  the  same  purposes. 

Section  3.  Said  .chapter  one  hundred  and  forty-three  is 
hereby  further  amended  in  sections  fifteen,  sixteen,  twenty- 
one,  twenty-four  to  thirty-three,  inclusive,  forty-three,  forty- 
five,  forty-six,  forty-nine  and  fifty-one,  as  so  appearing  or 
as  amended,  by  striking  out,  in  each  instance,  the  phrase 
"Except  in  Boston"  and  any  other  word  or  phrase  exempt- 
ing said  city  from  the  provisions  of  said  sections;  and,  in 
section  fifty-two  of  said  chapter  one  hundred  and  forty- 
three,  by  striking  out  in  line  four  the  words  "or  the  mayor  of 
Boston"  and,  in  lines  five  and  six,  by  striking  out  the  words 
"or  an  inspector  of  the  building  department  of  Boston". 

Section  4.  Said  chapter  one  hundred  and  forty-three  is 
hereby  amended  by  striking  out  section  thirty-four,  as  so 
appearing,  and  inserting  in  place  thereof  the  following  sec- 
tion:—  Section  34-  In  sections  thirty-four  to  thirty-eight, 
inclusive,  the  term  "hcensing  officer"  shall  mean  the  com- 
missioner of  public  safety.  Said  commissioner  shall  issue  li- 
censes for  theatres,  special  halls  and  public  halls.  He  may 
require  such  changes  in  the  structural  or  other  condition  of 
any  building  before  issuing  any  license  as  in  his  opinion  the 
public  safety  requires,  but  no  change  shall  be  ordered  in 
excess  of  the  requirements  for  a  new  building  of  like  charac- 
ter. In  buildings  existing  on  November  first,  nineteen  hun- 
dred and  thirteen,  and  in  Boston  in  buildings  in  existence  on 
October  first,  nineteen  hundred  and  forty-three,  an  equiva- 
lent of  the  conditions  required  by  law  may  be  accepted  by 
the  licensing  officer;  provided,  that  such  equivalents  are  set 


Acts,  1943.  —  Chap.  544.  739 

forth  in  detail  in  the  license.  The  licenses  provided  for  herein 
shall  be  conspicuously  posted  near  the  main  entrance  of  the 
theatre,  special  hall  or  public  hall.  Licenses  for  theatres  shall 
expire  on  September  first,  for  special  halls  on  August  first, 
and  for  public  halls  on  July  first  of  each  year. 

Section  5.    Said  chapter  one  hundred  and  forty-three  is  g.  l.  (Xer. 
hereby  further  amended  by  striking  out  section  fifty-four,  amended!  ^ '^^' 
as  so  appearing,  and  inserting  in  place  thereof  the  following 
section:  —  Section  5 Jf.     Sections  fifteen  to  fifty-two,  inclu- Enforcement 
sive,  shall,  except  when  otherwise  specifically  provided,  be  °^  ^^  ^^"'^- 
enforced  by  the  commissioner  of  public  safety,  the  chief 
of  inspections  of  the  department  and  the  inspectors.     The 
commissioner  of  public  safety  shall  issue  regulations  neces- 
sary for  their  uniform  enforcement. 

Section  6,    Said  chapter  one  hundred  and  forty-three  is  g.  l.  (Xer. 
hereby  further  amended  by  striking  out  section  fifty-nine,  ^menieli.' ^ '^^' 
as  so  appearing,  and  inserting  in  place  thereof  the  follow- 
ing section :  —  Section  59.     The  supreme  judicial  or  superior  Enforcement 
court  may,  upon  the  application  of  the  commissioner  of  pub-  °^  orders. 
lie  safety  or  his  authorized  representative,  enforce,  by  any 
suitable  process  or  decree,  any  provision  of  sections  fifteen 
to  fifty-two,  inclusive,  and  any  order  or  requirement  of  any 
person  made  under  authority  thereof. 

Section  7.    Before  November  first,  nineteen  hundred  and  Appointment 
forty-three,  the  governor,  with  the  advice  and  consent  of  borrd  of 
the  council,  shall  appoint  five  members  of  the  board  of  stand-  a^ripp^eais. 
ards  and  appeals  in  the  department  of  public  safety,  with 
the  qualifications  set  forth  in  section  thirteen  of  chapter 
twenty-two  of  the  General  Laws,  of  whom  one  shall  be  ap- 
pointed for  the  term  of  one  year,  one  for  the  term  of  two 
years,  one  for  the  term  of  three  years,  one  for  the  term  of 
four  years,  and  one  for  the  term  of  five  years;  five  associate 
members  of  said  board,  with  the  qualifications  set  forth  in 
said  section  thirteen,  of  whom  one  shall  be  appointed  for  the 
term  of  one  year,  one  for  the  term  of  two  years,  one  for  the 
term  of  three  years,  one  for  the  term  of  four  years,  and  one 
for  the  term  of  five  years.    Salaries  or  compensation  of  the  Compensation, 
persons  so  appointed  shall  not  exceed  the  maximum  set  forth 
for  the  respective  offices  by  said  section  thirteen. 

Section  7A.  During  the  continuance  of  the  existing  Effect  of 
state  of  war  between  the  United  States  and  certain  foreign  existing"war. 
countries,  and  for  the  period  of  six  months  following  the 
termination  of  such  existing  states  of  war,  non-compliance 
with  any  provision  of  chapter  one  hundred  and  forty-three 
of  the  General  Laws  or  of  any  provision  of  law  inserted  or 
amended  by  any  section  of  this  act,  which  non-compliance 
is  solely  the  result  of  federal  law,  rule  or  regulation  prevent- 
ing such  compliance,  shall  not  be  deemed  to  be  a  violation 
of  such  provision. 

Section  7B.    Section  one  of  said  chapter  one  hundred  and  ^-^^  |t«''"- 
forty-three,  as  amended,  is  hereby  further  amended  by  strik-  §  i'.  etc., ' 
ing  out,  in  lines  seven  to  nine,  inclusive,  as  appearing  in  the  ^'"'^"'^ed. 


740 


Acts,  1943.  —  Chap.  545. 


EfTective 
date. 


Tercentenary  Edition,  the  words  "in  sections  thirty-four  to 
thirty-eight,  inclusive,  'inspector'  shall  include  the  inspec- 
tors of  the  building  department  of  Boston  and". 

Section  8.  So  much  of  this  act  as  provides  for  any 
action  or  decision  which  may  be  appealed  from  under  sec- 
tion three  C  of  chapter  one  hundred  and  forty-three  of  the 
General  Laws,  as  inserted  by  section  two  of  this  act,  shall 
not  take  effect  until  the  effective  date  of  the  first  issue  of 
the  rules  and  regulations  provided  for  in  section  three  B  of 
said  chapter  one  hundred  and  forty-three,  as  inserted  by  said 
section  two.  Approved  June  12,  1943. 


G.  L.  (Ter. 
Ed.),  32,  §  OS, 
amended. 


Pensions  for 
state  police. 


Chap. 54:5  An  Act  relative  to  the  retirement  of  certain  offi- 
cers IN  THE  DIVISION  OF  STATE  POLICE  IN  THE  DEPART- 
MENT  OF   PUBLIC    SAFETY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  thirty-two  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  sixty-eight,  as  ap- 
pearing in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  following :  —  Section  68.  Any  officer  or  inspec- 
tor of  the  department  of  public  safety,  who  began  continu- 
ous service  prior  to  July  first,  nineteen  hundred  and  twenty- 
one,  if  in  the  judgment  of  the  commissioner  of  public  safety 
he  is  disabled  for  useful  service  in  the  department  and  a 
physician  designated  by  said  commissioner  certifies  that  he 
is  permanently  incapacitated,  either  physically  or  mentally, 
for  the  further  performance  of  his  duty  in  the  department, 
by  injuries  sustained  through  no  fault  of  his  own  in  the  actual 
performance  of  his  duty,  or  any  such  officer  or  inspector  of 
said  department  who  shall  have  attained  the  age  of  sixty- 
five,  shall  be  retired,  and  shall  annually  receive  a  pension 
from  the  commonwealth  equal  to  one  half  the  compensation 
received  by  him  at  the  time  of  liis  retirement.  Said  commis- 
sioner may  in  an  emergency  call  upon  any  person  so  pen- 
sioned for  such  temporary  service  as  a  member  of  the  depart- 
ment as  he  may  be  fitted  to  perform,  and  during  such  service 
there  shall  be  paid  to  him  the  difference  between  the  rate  of 
full  pay  for  such  employment  and  the  rate  of  pension  re- 
ceived by  him.  Any  former  inspector  of  the  district  police 
transferred  to  the  state  board  of  labor  and  industries  under 
authority  of  section  eight  of  chapter  seven  hundred  and 
twenty-six  of  the  acts  of  nineteen  hundred  and  twelve  shall, 
for  the  purposes  of  this  section,  be  deemed  an  inspector  of 
the  department  of  public  safety. 

Section  2.  Said  chapter  thirty-two  is  hereby  further 
amended  by  striking  out  section  sixty-eight  C,  inserted  by 
section  three  of  chapter  five  hundred  and  three  of  the  acts 
of  nineteen  hundred  and  thirty-nine,  and  inserting  in  place 
thereof  the  following:  —  Section  68C.  (1)  Any  officer  or 
inspector  whose  last  appointment  was  under  section  six  of 
chapter  twenty-two,  and  who  was  so  last  appointed  on  or 


(Ter. 


G.  L. 

Ed.), 

§  68C,  etc., 

amended. 


32, 


Length  of 
service  re- 
quirements. 


Acts,  1943.  — Chap.  546.  741 

after  September  first,  nineteen  hundred  and  twenty-one, 
who  has  performed  service  in  the  division  of  state  police  or 
in  the  division  of  inspections  in  the  department  of  pubHc 
safety  for  not  less  than  twenty  years,  shall  be  retired  by 
the  state  board  of  retirement  upon  attaining  age  fifty-five 
or  upon  the  expiration  of  such  twenty  years,  whichever  last 
occurs,  unless  the  rating  board  certifies  to  the  commissioner 
of  public  safety  upon  examination  of  the  officer  or  inspector 
when  he  attains  age  fifty-five  and  annually  thereafter,  that 
the  mental  and  physical  condition  of  the  officer  or  inspector 
is  such  that  he  should  be  continued  in  his  employment, 
but  in  any  event  no  such  officer  or  inspector  shall  remain 
beyond  his  sixty-fifth  birthday.  An  officer  appointed  under 
section  nine  A  of  said  chapter  who  has  performed  service 
in  the  division  of  state  police  in  said  department  for  not 
less  than  twenty  years  shall  be  retired  by  said  board  upon 
attaining  age  fifty,  or  upon  the  expiration  of  said  twenty 
years,  whichever  last  occurs. 

(2)  An  officer  or  inspector  who  has  performed  service  in 
either  of  said  divisions  for  not  less  than  twenty  j^ears  and 
has  not  attained  age  fifty-five,  or  age  fifty  in  the  case  of  an 
officer  appointed  under  said  section  nine  A,  shall  be  retired 
by  the  state  board  of  retirement  in  case  the  rating  board, 
after  an  examination  of  such  officer  or  inspector  by  a  regis- 
tered phj^sician  appointed  by  it,  shall  report  in  writing  to  the 
state  board  of  retirement  that  he  is  physically  or  mentally 
incapacitated  for  the  performance  of  duty,  and  that  such 
incapacity  is  likely  to  be  permanent. 

Amount  of  Allowance. 

(3)  Upon  retirement  under  paragraph  (1)  or  paragraph  (2) 
of  this  section,  the  officer  or  inspector  shall  receive  a  retire- 
ment allowance  consisting  of: 

(a)  A  life  annuity  as  provided  in  said  section  four  G;  and 

(b)  A  pension  of  such  amount  as  will,  together  with  the 
life  annuity  set  forth  in  paragraph  (1)  (a)  of  section  four  G, 
be  equal  to  one  half  of  his  average  annual  rate  of  regular 
compensation  during  the  five  years  immediately  piior  to 
the  date  of  his  retirement.  Approved  June  12,  1943. 


Chap. 54:6 


An  Act  defining  "place  of  assembly",  as  used  in  cer- 
tain BUILDING  LAWS,  AND  FURTHER  REGULATING  THE 
MEANS  OF  INGRESS  TO  AND  EGRESS  FROM  PLACES  OF 
ASSEMBLY. 

Whereas,  The  recent  terrible  loss  of  life  occurring  in  con-  Emergency 
nection  with  a  fire  at  one  of  the  places  of  public  assembly  prf^ambie. 
within  the  city  of  Boston  has  made  apparent  the  urgent 
need  of  immediate  change  in  the  laws  relative  to  means  of 
ingress  to  and  egress  from  such  places  and  the  deferred 
operation  of  this  act  would  in  part  tend  to  defeat  its  pur- 
pose, which  is  to  make  immediately  effective  certain  laws 


742 


Acts,  1943.  —  Chap.  546. 


G.  L.  (Ter. 
Ed.),  143, 
§  1,  etc., 
amended. 


"Place  of 
assembly" 
defined. 


G.  L.  (Ter. 
Ed.),  143,  §  21, 
amended. 


Fire  escapes, 
exits,  signs,  etc. 


relative  thereto,  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  folloios: 

Section  1.  Section  one  of  chapter  one  hundred  and  forty- 
three  of  the  General  Laws,  as  amended  by  chapter  six  hun- 
dred and  ninety-four  of  the  acts  of  nineteen  hundred  and 
forty-one,  is  hereby  further  amended  by  inserting  after  the 
paragraph  contained  in  the  twelfth  to  the  fourteenth  lines, 
inclusive,  as  appearing  in  the  Tercentenary  Edition,  the  fol- 
lowing paragraph :  — 

"Place  of  assembly",  any  building,  or  any  portion  of  a 
building,  designed,  constructed,  reconstructed,  remodeled, 
altered,  used,  or  intended  to  be  used,  for  fifty  or  more  per- 
sons to  assemble  therein  for  any  of  the  following :  — -  Dance 
halls;  cabarets;  restaurants,  including  the  type  of  restau- 
rant commonly  known  as  a  night  club;  all  places  in  which 
alcoholic  beverages  are  sold  or  for  sale  to  be  consumed  on 
the  premises;  any  room  or  space  used  for  public  or  private 
banquets,  feasts,  dances,  socials,  card  parties,  or  weddings 
or  religious  services  except  in  the  case  of  funerals  in  private 
homes;  lodge  and  meeting  halls  or  rooms;  skating  rinks; 
gymnasiums;  swimming  pools;  billiard,  pool,  bowling  and 
table  tennis  rooms;  halls  or  rooms  used  for  public  or  pri- 
vate catering  purposes;  funeral  parlors;  recreation  rooms; 
concert  halls;  theatres;  broadcasting  studios;  school  and 
college  auditoriums;  places  of  assemblage;  and  all  other 
places  of  similar  occupancy.  Nothing  in  this  paragraph  shall 
apply  to  a  single  family  or  two-family  dwelling,  or  to  a  place 
of  incarceration  or  detention,  a  convent,  a  monastery,  a 
church  or  a  synagogue. 

Section  2.  Said  chapter  one  hundred  and  forty-three  is 
hereby  further  amended  by  striking  out  section  twenty-one, 
as  appearing  in  the  Tercentenary  Edition,  and  inserting 
in  place  thereof  the  following  section :  —  Section  21 .  Any 
building  in  whole  or  in  part  used  as  a  public  building,  and 
any  building  in  which  ten  or  more  persons  are  employed 
in  a  factory,  workshop,  mercantile  or  other  establishment, 
and  an  office  building,  dormitory,  hotel,  family  hotel,  apart-' 
ment  house,  boarding  house,  lodging  house  or  tenement 
house  which  has  eight  or  more  rooms,  or  in  which  ten  or 
more  persons  are  accommodated,  lodge  or  reside  above  the 
second  story,  the  owner,  lessee  or  mortgagee  in  possession 
whereof  is  notified  in  writing  by  an  inspector  that  sec- 
tions fifteen  to  sixty,  inclusive,  apply  thereto,  shall  be  pro- 
vided with  proper  egresses  or  other  means  of  escape  from 
fire  sufficient  for  the  use  of  all  persons  accommodated,  as- 
sembled, employed,  lodged  or  resident  therein;  but  no  owner, 
lessee  or  mortgagee  in  possession  of  such  building  shall  be 
deemed  to  have  violated  this  provision  unless  he  has  been 
notified  in  writing  by  an  inspector  as  to  what  additional 


Acts,  1943.  —  Chap.  546.  743 

egresses  or  means  of  escape  from  fire  are  necessary,  and  for 
thirty  days  has  neglected  or  refused  to  provide  the  same. 
The  egresses  and  means  of  escape  shall  be  kept  unobstructed, 
in  good  repair  and  ready  for  use,  and,  if  the  inspector  so 
directs  in  writing,  every  such  egress  shall  be  properly  lighted 
and  provided  with  a  sign  having  on  it  the  word  "Exit"  in 
letters  not  less  than  five  inches  in  height,  and  so  made  and 
placed  as  plainly  to  indicate  to  persons  within  the  building  ' 
the  situation  of  such  egresses;  stairways  shall  have  suitable 
hand  rails;  women  or  children  shall  not  be  employed  in  a 
factory,  workshop,  mercantile  or  other  establishment  in  a 
room  above  the  second  story  from  which  there  is  only  one 
egress.  Portable  seats  shall  not  be  allowed  in  the  aisles  or 
passageways  of  such  buildings  during  anj-  service  or  enter- 
tainment held  therein.  Stairways  on  the  outside  of  the  build- 
ing shall  have  suitable  railed  landings  at  each  story  above 
the  first,  accessible  at  each  story  from  doors  or  windows,  and 
such  landings,  doors  and  windows  shall  be  kept  clear  of  ice, 
snow  and  other  obstructions. 

Nothing  in  this  chapter  shall  be  construed  as  prohibiting 
any  city  or  town  from  enacting  from  time  to  time  supplemen- 
tary ordinances  or  by-laws  imposing  further  restrictions  as  to 
egresses  and  means  of  escape,  subject,  however,  in  the  case 
of  a  city  to  the  provisions  of  any  special  law  relative  thereto, 
but  no  authority  of  any  such  city  or  town  shall  have  power 
to  minimize,  avoid  or  repeal  any  provision  of  this  chapter. 

Section  3.     Said  chapter  one  hundred  and  forty-three  g.  l.  (Ter. 
is  hereby  further  amended   bj^  inserting  after  said  section  new  §§  Ha 
twenty-one,  as  so  amended,  the  two  following  sections: —  added^^' 
Section  21  A.     All  doorways  and  windows  which  serve  as  <.  . ,    ,    . 

c  c  1       -1  1-  1   •       i   i  Safety  devices 

exits  or  as  means  oi  egress  from  any  buildmg  subject  to  sec-  for  doorways 
tion  twenty-one  or  from  a  place  of  assembly,  as  defined  in  ^^  "'"  °^^' 
section  one,  shall  open  in  the  direction  of  egress  and,  where 
used  as  means  of  egress  from  a  place  of  assembly,  shall  not 
be  so  equipped  as  to  be  locked,  bolted  or  otherwise  fastened 
so  that  they  cannot  be  opened  from  the  inside  by  the  use  of 
the  ordinary  door  knob  or  by  pressure  on  the  door  or  win- 
dow or  on  a  panic  release  device,  so  called.  Any  place  of 
assembly,  as  defined  in  section  one,  which  is  wholly  or  partly 
below  the  ground  level  shall  have  at  least  two  means  of 
egress  directly  to  the  ground  or  street  level,  such  means  of 
egress  to  be  located  at  points  as  widely  separated  from  one 
another  as  may  be  reasonably  feasible. 

Section  21 B.    Whoever,  after  July  first,  nineteen  hundred  Useofreyoiv- 

^    s.       .       n  •       X    11  r    •  j.  '"S  doors  in 

and  forty-nve,  mstalls  as  a  means  oi  mgress  to  or  egress  places  of  pub- 
from  any  place  of  assembly,  as  defined  in  section  one,  in  prohibited'^ 
any  building  or  part  thereof,  a  revolving  door,  so  called,  or  Penalty, 
after  the  expiration  of  sixty  days  from  said  July  first,  main- 
tains or  uses  a  .revolving  door  as  a  means  of  ingress  to  or 
egress  from  any  place  of  assembly,  as  so  defined,  in  any 
building  or  part  thereof,  shall  be  punished  by  a  fine  of  not 
more  than  five  hundred  dollars  or  by  imprisonment  for  not 


744 


Acts,  1943. —  Chap.  546. 


Notice. 


G.  L.  (Tcr. 
Ed.),  148,  §  28, 
amended. 


Inflammable 
decoration.s. 


Application  of 
act  limited. 


Effective 
dates. 


more  than  one  year,  or  by  both  such  fine  and  imprisonment ; 
and  any  revolving  door,  so  called,  which  is  installed,  main- 
tained or  used  in  violation  of  the  foregoing  shall  be  deemed 
a  common  nuisance,  without  other  proof  thereof  than  proof 
of  its  installation,  maintenance  or  use,  as  the  case  may  be. 
The  board  or  officer  in  charge  of  the  enforcement  of  build- 
ing laws  in  the  municipality  where  such  nuisance  exists  shall 
order  the  owner  or  occupant,  being  the  party  in  control 
thereof,  at  his  own  expense  to  remove  such  nuisance  within 
twenty-four  hours,  or  within  such  other  time  as  it  or  he 
considers  reasonable,  after  notice. 

Such  order  shall  be  in  writing  and  may  be  served  person- 
ally on  the  owner  or  occupant,  being  the  party  in  control, 
or  his  authorized  agent  by  any  person  authorized  to  serve 
civil  process;  or  a  copy  of  the  order  may  be  left  at  the  last 
and  usual  place  of  abode  of  the  owner  or  occupant,  being 
the  party  in  control,  or  his  agent,  if  he  is  known  and  within 
the  commonwealth.  If  the  premises  are  unoccupied  and  the 
residence  of  the  owner  or  agent  is  unknown  or  is  without 
the  commonwealth,  the  board  or  officer  may  order  the  notice 
to  be  served  by  posting  it  on  the  premises  and  by  advertis- 
ing it  in  one  or  more  newspapers. 

If  the  owner  or  occupant,  being  the  party  in  control,  fails 
to  comply  with  such  order,  the  board  or  officer  may  cause 
the  nuisance  to  be  removed,  and  all  expenses  incurred  thereby 
shall  be  paid  by  the  person  who  caused  or  permitted  the  same. 

Section  4.  Section  twenty-eight  of  chapter  one  hundred 
and  forty-eight  of  the  General  Laws,  as  appearing  in  the 
Tercentenary  Edition,  is  hereby  amended  by  striking  out, 
in  the  forty-third  line,  the  words  "public  assembly"  and 
inserting  in  place  thereof  the  words :  —  assembly,  as  such 
term  is  defined  in  section  one  of  chapter  one  hundred  and 
forty-three,  —  so  that  paragraph  L  will  read  as  follows:  — 

L.  Prohibiting  or  regulating  inflammable  decorations  in 
stores,  halls  and  places  of  assembly,  as  such  term  is  defined 
in  section  one  of  chapter  one  hundred  and  forty-three. 

Section  5.  During  the  continuance  of  the  existing  state 
of  war  between  the  United  States  and  certain  foreign  coun- 
tries, and  for  the  period  of  six  months  following  the  termi- 
nation of  such  existing  states  of  war,  non-compliance  with 
any  provision  of  this  act,  which  non-compliance  is  solely 
the  result  of  federal  law,  rule  or  regulation  preventing  such 
compliance,  shall  not  be  deemed  to  be  a  violation  of  such 
provision. 

Section  6.  So  much  of  section  three  of  this  act  as  in- 
serts in  chapter  one  hundred  and  forty-three  of  the  General 
Laws  a  new  section  to  be  known  as  section  twenty-one  A 
shall  take  effect  on  January  first,  nineteen  hundred  and  forty- 
four.  So  much  of  said  section  three  as  inserts  in  said  chapter 
one  hundred  and  forty-three  a  new  section  to  be  known  as 
twenty-one  B  shall  take  effect  on  July  first,  nineteen  hun- 
dred and  forty-five.  Approved  June  12,  1943. 


Acts,  1943.  —  Chaps.  547,  548.  745 


An  Act  requiring  persons  operating  or  maintaining  (JJiaj)  547 

EDUCATIONAL  INSTITUTIONS  TO  FURNISH,  UPON  REQUEST, 
CERTAIN   TRANSCRIPTS    OF   RECORDS. 

Whereas,  The  deferred  operation  of  this  act  would  prevent  Emergmcy 
certain  persons  in  the  armed  forces  of  the  United  States  from  ^^'^''^"^  ®- 
promptly  obtaining  benefits  by  presenting  proof  of  their  hav- 
ing certain  educational  attainments  in  the  form  of  transcripts 
of  records  of  educational  institutions  within  the  common- 
wealth; therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter   seventy-one   of   the    General    Laws   is   hereby  g.  l.  (Ter. 
amended  by  inserting  after  section  thirty-four,  as  amended,  ne^w'§§^34A 
the  two  following  sections :  —  Section  34A .    Any  person  op-  and  34b, 
erating  or  maintaining  an  educational  institution  within  the  ^  ^  ' 
commonwealth  shall,  upon  request  of  any  student  or  former  scTipts"o/^" 
student  thereof,  furnish  to  him  a  written  transcript  of  his  furn-^hed!  efc. 
record  as  a  student.    There  shall  be  no  charge  for  any  tran- 
script originally  furnished  by  any  such  person  hereunder, 
but  for  any  duplicate  or  additional  transcript  furnished  here- 
under a  charge  of  not  exceeding  one  dollar  for  each  page,  but 
not  exceeding  five  dollars  for  an  entire  transcript,  may  be 
made  by  such  person. 

Section  34B.    In  case  any  person  subject  to  section  thirty-  Failure  to 
four  A  shall  refuse  or  neglect  for  thirty  days  after  such  re-  ["anicript""''" 
quest  to  furnish  such  a  written  transcript,  the  student  or  upon  request. 
former  student   requesting   the  same   or,  if  a  minor,  his 
guardian  or  next  friend,  may  present  to  the  superior  court 
for  the  county  within  which  such  person  so  subject  resides 
or  such  institution  is  located,  or  for  the  county  of  Suffolk,  a 
petition  addressed  to  said  court  and  praying  for  such  relief 
as  it  may  deem  proper  in  the  circumstances;  and  thereupon 
such  court  shall  have  jurisdiction  of  such  petition  and  may 
issue  such  orders  relative  thereto  as  it  may  deem  proper, 
and  any  failure  or  refusal  to  obey  any  such  order  may  be  Penalty. 
treated  by  the  court  as  a  contempt  thereof.    Upon  any  such 
petition  the  court  may  award  costs  and  reasonable  attor- 
ney's fees  to  the  petitioner.  Approved  June  12,  1943. 

An  Act  to  meet  certain  contingencies  arising  in  con-  (JJkijj  543 

NECTION  with  THE  SERVICE  OF  PUBLIC  OFFICERS  AND 
EMPLOYEES  AND  CERTAIN  OTHER  PERSONS  IN  THE  MILI- 
TARY OR  NAVAL  FORCES  OF  THE  UNITED  STATES  DURING 
THE  PRESENT  NATIONAL  EMERGENCY. 

Whereas,   The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  in  part  is  to  protect  the  rights  ^"^^^"^ 
of  certain  persons  in  the  military  or  naval  service  of  the 
United  States  and  to  facilitate  the  temporary  appointment 


746  Acts,  1943.  — Chap.  548. 

of  persons  to  perform  their  duties  in  their  absence,  therefore, 
it  is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  seven  hundred  and  eight  of  the  acts 
of  nineteen  hundred  and  forty-one  is  hereby  amended  by 
striking  out  section  one,  as  amended  by  chapter  one  hundred 
and  seventy-two  of  the  acts  of  the  current  year,  and  insert- 
ing in  place  thereof  the  following  section:  —  Section  1.  Not- 
withstanding any  contrary  provisions  of  general  or  special 
law  any  person  who,  on  or  after  January  first,  nineteen  hun- 
dred and  forty,  shall  have  tendered  his  resignation  from  an 
office  or  position  in  the  service  of  the  commonwealth,  or  any 
pofitical  subdivision  thereof,  or  otherwise  terminated  such 
service,  for  the  purpose  of  serving  in  the  military  or  naval 
forces  of  the  United  States  and  who  does  of  did  so  serve  or 
was  or  shall  be  rejected  for  such  service,  shall,  except  as  here- 
inafter provided,  be  deemed  to  be  or  to  have  been  on  leave 
of  absence;  and  no  such  person  shall  be  deemed  to  have  re- 
signed from  his  office  in  the  service  of  the  commonwealth, 
or  any  political  subdivision  thereof,  or  to  have  terminated 
such  service,  until  the  expiration  of  one  year  from  the  ter- 
mination of  said  military  or  naval  service  by  him. 

When  a  person  holding  an  office  or  position  in  the  service 
of  the  commonwealth,  or  any  political  subdivision  thereof, 
enters  the  military  or  naval  service  of  the  United  States 
and  files  a  resignation  in  writing  stating  his  reason  for  such 
resignation,  the  resignation  shall  be  considered  a  final  deter- 
mination of  the  reason  for  leaving  the  service  of  the  com- 
monwealth, or  a  political  subdivision  thereof.  If  no  written 
resignation  is  filed,  entrance  into  the  military  or  naval  serv- 
ice of  the  United  States  by  a  person  holding  a  position  in  the 
service  of  the  commonwealth,  or  a  political  subdivision 
thereof,  shall  be  prima  facie  evidence  that  his  service  to  the 
commonwealth,  or  a  political  subdivision  thereof,  is  termi- 
nated for  the  purpose ol  entering  said  military  or  naval  service. 
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  "military  or 
naval  service",  as  used  in  this  act,  shall  be  taken  to  include 
service  other  than  in  a  civilian  capacity  as  a  member  of  any 
corps  or  unit  established  under  the  laws  of  the  United  States 
for  the  purpose  of  enabling  women  to  serve  with,  or  as  auxil- 
iary to,  the  armed  forces  of  the  United  States. 

Section  2.  Section  three  of  said  chapter  seven  hundred 
and  eight  is  hereby  amended  by  adding  at  the  end  the  fol- 
lowing paragraph :  — 

Any  person  who  is  in  such  military  or  naval  service  and 
who  is  certified  in  accordance  with  the  civil  service  law 
and  rules  to  a  permanent  office  or  position  classified  under 
chapter  thirty-one  of  the  General  Laws  may  be  permanently 
appointed  to  such  office,  or  position  and  employed  therein 


Acts,  1943.  — Chap.  548.  747 

provided  he  makes  request  for  employment  in  writing  of  the 
appointing  authority  within  three  months  after  termination 
of  such  mihtary  or  naval  service,  and  files  with  the  division 
of  civil  service  the  certificate  of  a  registered  physician  that 
he  is  not  physically  disabled  or  incapacitated  for  performing 
the  duties  of  the  office  or  position.  Any  such  appointment 
shall  be  subject  to  a  probationary  period  of  six  months  to  be 
served  upon  actual  employment  after  return  from  the  military 
or  naval  service.  Any  appointment,  transfer  or  promotion  to 
fill  such  office  or  position  while  he  is  so  serving  shall  be  tem- 
porary only  and  shall  be  filled  by  a  military  substitute  who 
shall  hold  such  office  or  position,  subject  to  the  same  limita- 
tions and  with  the  same  rights  as  a  military  substitute  ap- 
pointed under  section  two. 

Section  3.  Said  chapter  seven  hundred  and  eight  is 
hereby  further  amended  by  inserting  after  section  ten  the 
following  section:  —  Section  10 A.  In  case  an  elected  officer 
of  a  city,  except  in  Boston,  excluding  the  mayor  but  includ- 
ing members  of  the  city  council,  is  unable  to  perform  the 
duties  of  his  office  by  reason  of  said  military  or  naval  service, 
an  acting  officer  who  in  his  absence  from  the  city  shall  pos- 
sess all  the  rights  and  powers,  perform  all  the  duties,  and  be 
subject  to  all  the  obligations,  of  said  office  until  the  return  of 
the  absent  officer  to  the  duties  of  such  office  or  until  the 
expiration  of  the  term  thereof,  whichever  first  occurs,  shall 
be  selected  as  follows:  (1)  If  the  said  vacancy  is  in  a  board 
consisting  of  two  or  more  members,  the  remaining  members 
shall  give  written  notice  to  the  mayor  of  said  vacancy,  and 
said  members  and  the  mayor,  acting  as  a  special  board,  shall 
fill  such  vacancy  by  ballot  by  a  majority  vote,  or  in  case  of 
failure  to  fill  such  vacancy,  in  the  manner  hereby  provided, 
within  one  week  after  the  giving  of  such  notice,  such  vacancy 
shall  be  filled  by  the  mayor,  except  that  in  a  city  having  a 
Plan  E  charter,  so-called,  such  a  vacancy  shall  be  fillfed  in 
accordance  with  the  provisions  of  section  one  hundred  and 
two  of  chapter  forty-three  of  the  General  Laws,  or 

(2)  If  the  said  vacancy  is  in  an  office  held  by  an  individual 
not  a  member  of  a  board,  the  mayor  may  appoint  a  person 
to  fill  the  vacancy. 

If  the  holder  of  an  office,  other  than  that  of  a  member  of  a 
board,  in  a  city  other  than  Boston,  which  is  filled  by  the  city 
council,  whether  by  appointment  or  election,  is  unable  to 
perform  the  duties  of  his  office  by  reason  of  said  military  or 
naval  service,  an  acting  officer  who  in  his  absence  from  the 
city  shall  possess  all  the  rights  and  powers,  perform  all  the 
duties,  and  be  subject  to  all  the  obligations,  of  said  office  until 
the  return  of  the  absent  officer  to  the  duties  of  such  office  or 
until  the  expiration  of  the  term  thereof,  whichever  first  oc- 
curs, may  be  appointed  by  the  city  council. 

A  person  appointed  under  the  provisions  of  this  section  to 
fill  a  vacancy  in  the  office  of  an  elected  officer,  as  defined  in 
section  twelve,  shall  receive  from  the  city  one  half  of  the 
salary  or  compensation  fixed  for  the  position,  which  shall 


748  Acts,  1943.  —  Chap.  548. 

be  deducted  .from  and  charged  against  the  appropriation 
voted  for  such  salary  or  compensation,  phis  such  additional 
amount,  if  any,  as  may  be  appropriated  therefor.  The  sal- 
ary or  compensation  paid  to  the  elected  officer,  as  defined 
in  section  twelve,  on  leave  of  absence  shall  be  one  half  of  the 
amount  fixed  for  the  office  until  the  expiration  of  the  term 
of  office  for  which  he  was  elected,  or  until  his  return  to  the 
duties  of  such  office,  whichever  first  occurs. 

Section  4.  Section  eleven  of  said  chapter  seven  hundred 
and  eight  is  hereby  amended  by  adding  at  the  end  of  the 
first  paragraph  the  following  sentence :  —  In  case  of  failure  to 
fill  such  vacancy  in  the  manner  hereby  provided  within  one 
week,  such  vacancy  shall  be  filled  by  the  selectmen,  —  and 
by  striking  out  the  second  paragraph  and  inserting  in  place 
thereof  the  following  paragraph ;  — 

A  person  appointed  under  the  provisions  of  this  section 
shall  receive  from  the  town  one  half  of  the  salary  or  compen- 
sation fixed  for  the  position,  which  shall  be  deducted  from 
and  charged  against  the  appropriation  voted  for  such  salary 
or  compensation,  plus  such  additional  amount,  if  any,  as 
may  be  voted  by  the  town.  The  salary  or  compensation 
paid  to  the  elected  official  on  leave  of  absence  shall  be  one 
half  of  the  amount  fixed  for  the  office  until  the  expiration  of 
the  term  of  office  for  which  he  was  elected,  or  until  his  return 
to  the  duties  of  such  office,  whichever  first  occurs. 

Section  5.  Said  chapter  seven  hundred  and  eight  is 
hereby  further  amended  by  inserting  after  section  eleven  the 
four  following  sections:  —  Section  11  A.  In  case  any  elected 
officer  of  a  fire,  water,  fight  or  improvement  district  is  unable 
to  perform  the  duties  of  his  office  by  reason  of  service  in  the 
military  or  naval  forces  of  the  United  States  during  the  exist- 
ing state  of  war  between  the  United  States  and  any  foreign 
country,  a  majority  of  the  members  of  a  board  established 
as  hereinafter  provided  may  in  writing  appoint  an  acting 
officer  who  in  the  absence  of  such  absent  officer  shall  possess 
all  the  rights  and  powers,  perform  all  the  duties  and  be  sub- 
ject to  all  the  obligations  of  said  office  until  the  expiration  of 
the  term  of  the  absent  officer  or  until  his  return  to  the  duties 
of  such  office,  whichever  first  occurs.  Said  board  shall  con- 
sist of  the  prudential  committee  or  body  having  like  powers, 
or,  in  filling  a  vacancy  in  any  other  elective  body  of  any  such 
district,  the  members  of  such  other  body,  and  in  addition  in 
each  case  the  district  clerk  and  the  district  treasurer;  pro- 
vided, that  any  such  officer  shall  not  be  a  member  of  such 
board  when  his  office  is  being  filled.  No  member  of  any  such 
board  shall  have  more  than  one  vote. 

A  person  appointed  under  the  provisions  of  this  section 
shall  receive  from  the  district  one  half  of  the  salary  or  com- 
pensation fixed  for  the  position,  which  shall  be  deducted  from 
and  charged  against  the  appi  opriation  voted  for  such  salary 
or  compensation,  plus  such  additional  amount,  if  any,  as  may 
be  voted  by  the  district.  The  salary  or  compensation  paid  to 
the  elected  official  on  leave  of  absence  shall  be  one  half  of  the 


Acts,  1943.  — Chap.  548.  .     749 

amount  fixed  for  the  office  until  the  expiration  of  the  term  of 
office  for  which  he  was  elected,  or  until  his  return  to  the 
duties  of  such  office,  whichever  first  occurs. 

Section  IIB.  In  case  an  elected  county  officer,  other  than 
the  register  of  probate,  is  unable  to  perform  the  duties  of 
his  office  by  reason  of  said  military  or  naval  service,  a  board 
consisting  of  the  county  commissioners  together  with  the 
clerk  of  court  and  the  county  treasurer,  may  in  writing  ap- 
point an  acting  officer  who  in  his  absence  shall  possess  all 
the  rights  and  powers  and  perform  all  the  duties  of  said 
office  until  the  expiration  of  the  term  of  office  of  the  absent 
officer,  or  until  his  return  to  the  duties  of  such  office,  which- 
ever shall  occur  first.  In  case  of  failure  to  fill  such  vacancy 
in  the  manner  hereby  provided  within  one  week,  such  va- 
cancy shall  be  filled  by  the  county  commissioners. 

A  person  appointed  under  the  provisions  of  this  section 
shall  receive  from  the  county  one  half  of  the  salary  or  com- 
pensation fixed  for  the  position,  which  shall  be  deducted 
from  and  charged  against  the  appropriation  voted  for  such 
salary  or  compensation,  plus  such  further  sum,  if  any,  as 
may  be  provided  from  an  appropriation  voted  or  a  transfer 
from  the  reserve  fund  set  up  in  the  budget.  The  salary  or 
compensation  paid  to  the  elected  official  on  leave  of  absence 
shall  be  one  half  of  the  amount  fixed  for  the  office  until  the 
expiration  of  the  term  of  office  for  which  he  was  elected,  or 
until  his  return  to  the  duties  of  such  office,  whichever  first 

occurs. 

Section  IIC.  In  case  a  register  or  an  assistant  register  of 
probate  enters  the  military  or  naval  service  of  the  United 
States,  the  judge  or  judges  of  probate  of  any  such  county 
shall  appoint  a  temporary  register  or  assistant  register  to 
act  until  the  return  of  the  absent  officer  to  the  duties  of  his 
office  or  until  the  expiration  of  his  term,  whichever  first 
occurs,  who  shall  have  all  the  rights  and  powers  and  per- 
form all  the  duties  and  be  subject  to  all  the  obligations  of 
said  office. 

The  compensation  of  a  register  or  assistant  register  ap- 
pointed under  the  provisions  of  this  section  shall  be  the 
same  salary  fixed  for  said  position  and  shall  be  paid  by  the 
commonwealth . 

Section  IID.  The  treasurer  of  any  county,  city,  town  or 
district,  when  so  authorized  by  the  absent  officer,  shall  re- 
tain his  compensation  for  the  benefit  of  the  county,  city, 
town  or  district. 

Section  6.  Section  six  of  chapter  four  of  the  acts  of 
nineteen  hundred  and  forty-two  is  hereby  repealed. 

Section  7.  Said  chapter  seven  hundred  and  eight  is 
hereby  further  amended  by  striking  out  section  twelve  and 
inserting  in  place  thereof  the  following  section:  —  Section  12. 
The  term  "elected  officer",  as  used  in  this  act,  shall  mean 
an  officer  elected  by  and  from  all  the  voters  of  a  county,  city, 
town  or  district  respectively,  and  shall  include  a  member  of 
a  body,  board  or  commission. 


750 


Acts,  1943.  —  Chap.  549. 


Section  8.  Said  chapter  seven  hundred  and  eight  is 
hereby  further  amended  by  adding  at  the  end  the  following 
section :  —  Section  26.  Nothing  in  this  act  shall  be  con- 
strued as  giving  the  benefits  thereof  to  any  person  who  is 
dishonorably  discharged  from  such  military  or  naval  service. 

Section  9.  Section  eighteen  of  said  chapter  seven  hun- 
dred and  eight  is  hereby  amended  by  striking  out  the  last 
sentence  and  inserting  in  place  thereof  the  following  sen- 
tence :  —  Each  such  officer  shall  specify  in  writing  the  date 
and  shall  add  after  his  signature  his  rank  and  organization. 

Section  10.  Section  twenty-five  of  said  chapter  seven 
hundred  and  eight  is  hereby  amended  by  striking  out,  in 
the  fifth  line,  the  word  "forty-four"  and  inserting  in  place 
thereof  the  word :  —  forty-six,  —  so  as  to  read  as  follows :  — 
Section  25.  Service  in  the  military  or  naval  forces  of  the 
United  States  referred  to  in  this  act  shall,  except  as  other- 
wise provided  thereby,  mean  such  service  occurring  on  or 
after  July  first,  nineteen  hundred  and  forty  and  prior  to 
January  first,  nineteen  hundred  and  forty-six. 

Section  11.  The  provisions  of  sections  two  and  eight 
shall  take  effect  as  of  October  twenty-ninth,  nineteen  hun- 
dred and  forty-one.  Approved  June  12,  1943. 


Chap.54Q  An  Act  establishing  a  board  of  collegiate  authority 

IN  THE  DEPARTMENT  OF  EDUCATION,  AND  FURTHER  REGU- 
LATING  certain   EDUCATIONAL   INSTITUTIONS. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  15, 
new  §  3A, 
added. 

Board  of 
collegiate 
authority. 


Appointment 
of  mem- 
bers, etc. 


Whereas,  The  deferred  operation  of  this  act  would' in  part 
tend  to  defeat  its  purpose,  which  is  immediately  to  assist 
citizens  of  this  commonwealth  who  are  or  hereafter  shall  be 
iri  the  armed  forces  of  the  United  States  during  the  present 
war  in  obtaining  higher  rank  in  such  forces  based  in  part 
upon  proof  of  having  satisfactorily  completed  courses  of  in- 
struction in  certain  educational  institutions  within  the  com- 
monwealth, therefore  this  act  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  fifteen  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  three  the  following  new 
section :  —  Section  3 A .  There  shall  be  in  the  department  a 
board  of  collegiate  authority,  consisting  of  the  commissioner, 
who  shall  be  chairman,  the  members  of  the  advisory  board 
of  education,  and  four  citizens  of  the  commonwealth  to  be 
appointed  by  the  governor,  with  the  advice  and  consent  of 
the  council.  Of  the  members  originally  appointed  hereunder, 
two  shall  be  appointed  for  terms  of  three  years  each  and  two 
for  terms  of  four  years  each,  and  thereafter  as  the  term 
of  an  appointed  member  expires,  his  successor  shall  be  ap- 
pointed by  the  governor,  with  like  advice  and  consent,  for 
a  term  of  five  years.  Any  vacancy  in  the  appointive  mem- 
bership of  said  board  shall  be  filled  by  appointment  by  the 


Acts,  1943.  — Chap.  549.  751 

governor,  with  like  advice  and  consent,  for  the  remainder  of 
the  unexpired  term.  Of  the  appointive  members  of  said 
board,  at  least  one  shall  represent  colleges  and  universities, 
one  shall  represent  junior  colleges  and  one  shall  represent 
the  secondary  school  system  of  the  public  schools  of  the  com- 
monwealth. The  members  of  said  board  shall  serve  without 
compensation,  but  shall  be  reimbursed  for  their  necessary 
expenses  actually  incurred  in  the  performance  of  their  official 
duties. 

Section  2.    Sections  six  and  six  A  of  chapter  three  of  the  g.  i..  (Xer. 
General  Laws  are  hereby  repealed.  f§^6'a?id  6a. 

Section  2A.    Section  seven  of  said  chapter  three,  as  most  repealed. 
recently  amended  by  section  three  of  chapter  three  hundred  G- t-  (Ter. 
and  sixty-four  of  the  acts  of  nineteen  hundred  and  thirty-  §  7',  etc., 
seven,  is  hereby  further  amended  by  striking  out,  in  the  sixth  amended. 
line,  the  words  "or  six",  —  so  that  the  first  sentence  of  said 
section  three  will  read  as  follows :  —  Any  petition  to  the  gen-  Petitions  for 
eral  court  for  the  establishment  or  revival,  or  for  the  amend-  aleotingwr- 
ment,  alteration  or  extension  of  the  charter  or  corporate  porations  not 
powers  or  privileges,  or  for  the  change  of  name,  of  any  cor-  sectTon^  5° 
poration,  except  a  petition  subject  to  the  provisions  of  sec- 
tion five,  which  is  seasonably  filed  in  the  office  of  the  clerk 
of  either  branch  and  is  accompanied  by  a  bill  embodying  in 
substance  the  legislation  petitioned  for,  shall,  with  said  ac- 
companying bill,  be  transmitted  as  soon  as  may  be  by  the 
clerk  of  the  branch  in  which  they  were  filed  to  the  office  of 
the  commissioner  of  corporations  and  taxation. 

Section  3.     Chapter  sixty-nine  of  the  General  Laws  is  g.  l.  (Tm-. 
hereby  amended  by  adding  at  the  end,  under  the  caption  f§'3oin'd"3r 
BOARD  OF  collegiate  AUTHORITY,  the  two  foUowing  new  ^^'^^'■^^ "«""' 
sections:  —  Section  SO.     The  commissioner  of  corporations    '^°' "^^' 
and  taxation,  before  approving  a  certificate  of  organization  of  appifcants 
in  connection  with  the  proposed  incorporation  of  a  college,  fatiOTof'"' 
junior  college,  university  or  other  educational  institution  college,  etc. 
with  power  to  grant  degrees,  or  articles  of  amendment  to  the  Publication, 
charter  of  an  existing  educational  institution  which  will  give  '^''""^' 
it  such  power,  or  changing  its  name  to  a  name  which  will  in- 
clude the  term  "college",  "junior  college"  or  "university", 
shall  refer  such  certificate  or  articles  to  the  board  of  colle- 
giate authority  established  by  section  three  A  of  chapter  fif- 
teen.    Said  board  shall  immediately  make  an  investigation 
as  to  the  applicants  for  incorporation  of  such  an  institution 
and  as  to  the  purposes  thereof  and  any  other  material  facts 
relative  thereto.    In  the  case  of  a  proposed  amendment  to 
the  charter  of  an  existing  educational  institution  which  will 
give  it  power  to  grant  degrees,  or  change  its  name  as  afore- 
said, said  board  shall  make  an  investigation  of  the  institu- 
tion, its  faculty,  equipment,  courses  of  study,  financial  organ- 
ization, leadership,  and  other  material  facts  relative  thereto. 
In  acting  upon  any  such  certificate  or  articles  referred  to  it 
hereunder,  said  board  shall  give  a  public  hearing,  notice  of 
which  shall,  at  the  expense  of  the  applicants,  be  published 
once  a  week  for  three  successive  weeks  in  two  newspapers,  ^  3 


quirements  for. 


752  Acts,  1943. —  Chap.  549. 

one  of  which  is  pubhshed  in  the  county  where  the  institution 
has  or  is  to  have  its  principal  office  or  place  of  business,  the 
last  publication  to  be  at  least  three  days  before  the  date  set 
for  the  hearing.  Said  board  after  making  its  investigation 
hereunder  and  subject  to  the  provisions  of  section  thirty- 
one,  shall  make  a  determination  approving  or  disapproving 
the  certificate  of  organization  or  articles  of  amendment 
referred  to  it  hereunder  and  shall  forthwith  report  its  find- 
-j-v  ings  to  the  commissioner  of  corporations  and  taxation.  If 
it  appears  from  the  report  so  submitted  to  him  that  said 
board  does  not  approve  of  such  certificate  or  articles,  he  shall 
refuse  to  endorse  his  approval  thereon,  otherwise  he  shall 
endorse  his  approval  thereon  unless  he  finds  that  the  provi- 
sions of  law  relative  to  the  organization  of  the  corporation  or 
the  amendment  to  its  charter  have  not  been  complied  with. 
If  such  certificate  or  articles  are  not  approved  hereunder, 
the  applicant  or  applica,nts  may  appeal  to  the  superior  court, 
which  shall  hear  the  case  and  determine  whether  or  not  the 
certificate  or  articles  shall  be  approved. 
Incorporation         SectioH  31.    Said  board  of  collegiate  authority,  in  acting 

oi  lunior  •/  '  cu 

ooiieges,  re-  upou  the  Certificate  of  organization  in  connection  with  the 
proposed  incorporation  of  a  junior  college,  with  power  to 
grant  degrees,  or  in  acting  upon  articles  oJf  amendment  to 
the  charter  of  any  existing  educational  institution  which  will 
give  it  power  to  grant  junior  college  degrees,  or  changing  its 
name  to  a  name  which  will  include  the  term  "junior  college", 
shall  not  approve  such  certificate  or  articles  unless  — 

First,  The  institution  is  offering  instruction  on  a  level  and 
to  a  degree  of  thoroughness  distinctly  above  that  of  the 
secondary  school  and  below  that  of  advanced  senior  college 
specialization,  and  offering  either  (a)  a  two-year  course  of 
study  on  a  collegiate  level,  equivalent  in  content,  scope  and 
thoroughness  to  that  offered  in  the  standard  four-year  col- 
leges and  universities,  or  (6)  a  two-year  terminal  course  of 
study  of  a  vocational  or  semi-professional  training,  or  both. 

Second,  The  institution  is  organized  under  the  laws  of  the 
commonwealth  as  a  non-profit  educational  institution,  and 
shall  have  operated  as  such  an  institution  for  a  period  of  not 
less  than  one  year  immediately  prior  to  the  filing  of  the  peti- 
tion for  such  privilege.  The  general  character  of  the  institu- 
tion, its  professional  outlook,  and  the  character  and  quality 
of  its  leadership  and  personnel  shall  be  determining  factors 
in  the  approval  of  the  institution. 

Third,  The  faculty  of  the  institution  consists  of  teachers 
with  adequate  preparation  and  successful  experience  in  their 
respective  training  fields,  and  in  academic  courses,  a  high 
percentage  of  the  instructors  have  satisfactorily  completed 
one  year  of  advanced  study  after  having  attained  the  bacca- 
laureate degree,  and  in  terminal,  semi-professional  courses, 
instructors  are  able  to  provide  evidence  of  a  high  degree  of 
proficiency  in  their  special  fields. 

Fourth,   The  basis  for  admission  to  the  institution  is  the 


Acts,  1943.  —  Chap.  549.  753 

satisfactory  completion  of  a  secondary  school  program,  or  its 
equivalent. 

Fifth,  Requirements  for  graduation  are  based  upon  the 
satisfactory  completion  of  a  minimum  of  sixty  semester 
hours  of  study,  exclusive  of  physical  training  and  exercise 
and  institutions  organized  on  other  than  the  semester  hour 
basis  give  evidence  of  the  equivalence  of  the  work  provided. 
A  semester  hour,  for  the  purposes  of  this  clause,  is  hereby 
defined  as  a  class,  meeting  for  one  hour  weekly  for  at  least 
fifteen  weeks. 

Sixth,  The  institution,  if  offering  two-year  courses  of 
study  on  a  collegiate  level,  undertakes  to  provide  the  equiv- 
alent of  the  general  education  of  the  first  two  years  of  the 
standard  four-year  college,  and  gives  satisfactory  evidence 
that  its  semi-professional  curricula  are  designed  to  provide 
reasonably  proper  instruction  to  students  taking  courses  of 
a  vocational  or  semi-professional  nature. 

Seventh,  The  institution  has  an  adequate  library,  ade- 
quately housed,  properly  catalogued,  has  an  adequate  supply 
of  current  periodicals,  including  scientific  and  research  jour- 
nals, if  such  journals  are  properly  related  to  the  courses  of 
study  offered,  and  has  a  satisfactory  annual  appropriation 
for  its  continued  maintenance. 

Eighth,  Laboratories,  when  necessary  in  connection  with 
the  courses  of  study  offered,  are  adequately  equipped  for  in- 
structional purposes  with  sufficient  space  and  suitable  appa- 
ratus and  equipment  to  meet  the  educational  objectives  of 
the  institution,  whether  they  be  cultural  or  semi-professional. 

Ninth,  The  material  equipment  of  the  institution,  includ- 
ing its  lands,  buildings,  classrooms  and  dormitories,  is  suffi- 
cient to  insure  efficient  operation,  and  its  physical  plant  pro- 
vides safe,  sanitary  and  healthful  conditions,  as  judged  by 
modern  standards. 

Tenth,  Teaching  or  classroom  hours  of  teaching  in  the 
institution  do  not  exceed  eighteen  hours  weekly,  and  classes 
are  ordinarily  limited  to  thirty  students  and  the  ratio  of 
students  to  instructors  above  the  level  of  assistants  is  not 
unreasonably  excessive. 

Eleventh,  The  institution,  if  seeking  to  provide  a  program 
equivalent  to  the  first  two  years  of  the  standard  college  pro- 
gram, offers  work  in  at  least  five  separate  departments: 
English,  mathematics,  foreign  languages,  natural  sciences 
and  social  sciences. 

Twelfth,  If  the  institution  intends  to  operate  a  junior  col- 
lege and  a  preparatory  or  secondary  school  under  the  same 
administration,  provision  is  made  for  a  separation  between 
the  two  divisions  of  the  institution,  and,  if  the  institution 
maintams  housing  quarters  for  its  students,  junior  college 
students  and  secondary  school  students  will  be  housed  in 
separate  quarters. 

Thirteenth,  In  addition  to  satisfying  the  authorities  that 
it  meets  the  provisions  of  a  tax-free  non-profit  educational 


754 


Acts,  1943.  —  Chap.  549. 


G.  L.  (Ter. 
Ed.),  155, 
§  10,  etc., 
amended. 


Change  of 
name. 


G.  L.  (Ter. 
Ed.),  180,  §  3. 
amended. 


Organization. 


G.  L.  (Tor. 
Ed.),  180, 
§  10,  etc., 
amended. 


Change  of 
purpose  of 
corporation. 


institution,  the  institution  submits  evidence  of  sound  finan- 
cial structure  and  operation  over  a  period  of  at  least  two 
years. 

Section  4.  Section  ten  of  chapter  one  hundred  and  fifty- 
five  of  the  General  Laws,  as  amended  by  chapter  eleven  of 
the  acts  of  nineteen  hundred  and  thirty-three,  is  hereby  fur- 
ther amended  by  striking  out  the  third  sentence  and  insert- 
ing in  place  thereof  the  following :  —  Such  articles  shall  be 
submitted  to  the  commissioner  who  shall  examine  them,  and 
if  he  finds  that  they  conform  to  the  requirements  of  law,  he 
shall,  subject  to  section  thirty  of  chapter  sixty-nine  if  appli- 
cable to  such  articles,  so  certify  and  endorse  his  approval 
thereon. 

Section  5.  Section  three  of  chapter  one  hundred  and 
eighty  of  the  General  Laws,  as  appearing  in  the  Tercentenary 
Edition,  is  hereby  amended  by  inserting  after  the  word  "to" 
in  the  second  line  the  words :  —  section  thirty  of  chapter 
sixty-nine,  —  so  as  to  read  as  follows :  —  Section  3.  The 
corporation  shall  be  formed  in  the  manner  prescribed  in  and 
subject  to  section  thirty  of  chapter  sixty-nine,  section  nine 
of  chapter  one  hundred  and  fifty-five  and  sections  six  and 
eight  to  twelve,  inclusive,  of  chapter  one  hundred  and  fifty- 
six,  except  as  follows: 

The  capital  stock,  if  any,  shall  not  exceed  five  hundred 
thousand  dollars. 

The  agreement  of  association  of  a  corporation  having  no 
capital  stock  may  omit  the  statement  of  the  amount  of  the 
capital  stock  and  the  par  value  and  number  of  its  shares. 
The  par  value  of  its  shares,  if  any,  may  be  ten,  twenty-five, 
fifty  or  one  hundred  dollars.  The  fee  to  be  paid  to  the  state 
secretary  upon  the  filing  of  the  certificate  of  organization 
shall  be  twenty-five  dollars. 

Section  6.  Scaid  chapter  one  hundred  and  eighty  is  hereby 
further  amended  by  striking  out  section  ten,  as  most  recently 
amended  by  section  one  of  chapter  one  hundred  and  fifty- 
one  of  the  acts  of  nineteen  hundred  and  thirty-seven,  and 
inserting  in  place  thereof  the  following:  —  Section  10.  Any 
corporation  heretofore  or  hereafter  organized  under  general 
or  special  law  for  any  of  the  purposes  mentioned  in  this  chap- 
ter may,  at  a  meeting  duly  called  for  the  purpose,  by  vote 
of  two  thirds  of  the  capital  stock  outstanding  and  entitled  to 
vote,  or,  in  case  such  corporation  has  no  capital  stock,  by 
vote  of  two  thirds  of  the  persons  legally  qualified  to  vote  in 
meetings  of  the  corporation,  or  by  a  larger  vote  if  its  agree- 
ment of  association  or  by-laws  shall  so  require,  add  to  or 
change  the  purposes  for  which  it  was  incorporated,  if  the 
additional  or  new  purpose  is  authorized  by  section  two.  The 
presiding,  financial  and  recording  officers  and  a  majority  of 
its  other  officers  having  the  powers  of  directors  shall  forth- 
with make,  sign  and  swear  to  a  certificate  setting  forth  such 
addition  to  or  change  of  purposes.  Such  certificate  shall  be 
submitted  to  the  commissioner  of  corporations  and  taxation 
who  shall  examine  it,  and  if  he  finds  that  it  conforms  to  the 


Acts,  1943.  —  Chaps.  550,  551.  755 

requirements  of  law,  he  shall,  subject  to  section  thirty  of 
chapter  sixty-nine  if  applicable  to  such  certificate,  so  cer- 
tify and  endorse  his  approval  thereon.  The  certificate  shall 
thereupon  be  filed  in  the  office  of  the  state  secretary. 

Section  7.     Chapter  two  hundred  and  sixty-six  of  the  g.  l.  (Xer. 
General  Laws  is  hereby  amended  by  striking  out  section  fnienfkd.'  ^  ^^' 
eighty-nine,  as  appearing  in  the  Tercentenary  Edition,  and 
inserting  in  place  thereof  the  following :  —  Section  89.    Who-  Knowingly 
ever,  in  a  book,  pamphlet,  circular,  advertisement  or  adver-  foliowT^ 
tising  sign,  or  by  a  pretended  written  certificate  or  diploma,  degree,  etc., 
or  otherwise  in  writing,  knowingly  and  falsely  pretends  to  deg"re^e"*^th- 
have  been  an  officer  or  teacher,  or  to  be  a  graduate  or  to  hold  °"*  authority, 
any  degree,  of  a  college  or  other  educational  institution  of 
this  commonwealth  or  elsewhere,  which  is  authorized  to  con- 
fer degrees,  or  of  a  public  school  of  this  commonwealth,  and 
whoever,  without  having  lawful  authority  to  confer  degrees, 
offers  or  confers  degrees  as  a  school,  college  or  as  a  private 
individual,  alone  or  associated  with  others,  shall  be  pun- 
ished by  a  fine  of  not  more  than  one  thousand  dollars  or  by 
imprisonment  for  not  more  than  one  year,  or  both.     Any  Use  of  word 
individual,  school,  association,  corporation  or  institution  of  ''u^vfrsity". 
learning,  not  having  lawful  authority  to  confer  degrees,  using 
the  designation  of  "university"  or  "college"  shall  be  pun- 
ished by  a  fine  of  one  thousand  dollars;   but  this  shall  not 
apply  to  any  educational  institution  whose  name  on  July 
ninth,  nineteen  hundred  and  nineteen,  included  the  word 
"university"  or  "college".  Approved  June  12,  1943. 


ChapMO 


An  Act  authorizing  dean  academy  to  grant  the  de- 
grees OF  associate  in  arts  and  of  associate  in  science 
to  graduates  of  its  junior  college  division. 

Be  it  enacted,  etc.,  as  follows: 

Dean  Academy,  a  corporation  incorporated  •  by  chapter 
one  hundred  and  seven  of  the  acts  of  eighteen  hundred  and 
sixty-five,  is  hereby  authorized  to  grant  the  degree  of  Asso- 
ciate in  Arts  or  of  Associate  in  Science,  or  both  of  said  de- 
grees, to  students  properly  accredited  and  recommended  by 
the  faculty  of  the  junior  college  division  of  said  academy, 
upon  their  graduation  from  said  division. 

Approved  June  12,  1943. 

An  Act  authorizing  the  board  of  regents  of  the  new  QfiQj)  552 

ENGLAND  SCHOOL  OF  THEOLOGY  TO  GRANT  THE  DEGREE  OF 
BACHELOR  OF  ARTS  IN  THEOLOGY. 

Be  it  enacted,  etc.,  as  follows: 

The  board  of  regents  of  The  New  England  School  of  The- 
ology,, a  corporation  incorporated  under  general  law  on  May 
twelfth,  nineteen  hundred  and  two,  under  the  name  of  The 
Boston  Bible  School  and  Ransom  Institute,  which  latter 
name  was  changed  to  The  New  England  School  of  The- 


756  Acts,  1943.  —  Chaps.  552,  553,  554,  555. 

ology  on  January  thirtieth,  nineteen  hundred  and  eighteen, 
is  hereby  authorized  to  confer  the  degree  of  Bachelor  of 
Arts  in  Theology.  Approved  June  12,  1943. 

Chap. 552  An  Act  authorizing  lasell  junior  college  to  grant 

THE    DEGREES    OF    ASSOCIATE    IN    ARTS    AND    ASSOCIATE    IN 
SCIENCE. 

Be  it  enacted,  etc.,  as  follows: 

Lasell  Junior  College,  a  corporation  incorporated  under 
general  law,  is  hereby  authorized  and  empowered  to  grant 
the  degree  of  Associate  in  Arts  or  of  Associate  in  Science,  or 
both  of  said  degrees,  to  students  particularly  accredited  and 
recommended  by  the  faculty  of  said  junior  college. 

Approved  June  12,  1943. 


Chav.56S  An  Act  authorizing  the  trustees  of  the  lesley  school 

TO     GRANT    THE     DEGREE     OF    BACHELOR     OF    SCIENCE     IN 
EDUCATION. 

Be  it  enacted,  etc.,  as  follows: 

The  trustees  of  The  Lesley  School,  a  corporation  organ- 
ized under  general  law,  are  hereby  authorized  to  confer  the 
degree  of  Bachelor  of  Science  in  Education. 

Approved  June  12,  1943. 


Chap. 554:  An  Act  changing  the  name  of  endicott  incorporated 

TO    ENDICOTT   JUNIOR    COLLEGE. 

Be  it  enacted,  etc.,  as  follows: 

The  name  of  Endicott  Incorporated,  a  corporation  incor- 
porated under  general  law,  is  hereby  changed  to  Endicott 
Junior  College;  and  said  corporation  may  use  the  designa- 
tion of  "junior  college"  as  aforesaid  notwithstanding  the 
provisions  of  section  six  A  of  chapter  three  of  the  General 
Laws,  inserted  by  section  two  of  chapter  four  hundred  and 
twenty-four  of  the  acts  of  nineteen  hundred  and  thirty-nine, 
and  of  section  eighty-nine  of  chapter  two  hundred  and  sixty- 
six  of  the  General  Laws.  Approved  June  12,  1943. 


Chap. 555  An    Act    changing    the    name    of    becker    school    of 

BUSINESS  ADMINISTRATION  AND  SECRETARIAL  SCIENCE  TO 
BECKER  JUNIOR  COLLEGE  OF  BUSINESS  ADMINISTRATION 
AND  SECRETARIAL  SCIENCE,  AND  AUTHORIZING  SAID  JUNIOR 
COLLEGE  TO  CONFER  THE  DEGREE  OF  ASSOCIATE  IN  SCIENCE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  name  of  Becker  School  of  Business  Ad- 
ministration and  Secretarial  Science,  a  corporation  incorpo- 
rated under  the  provisions  of  chapter  one  hundred  and  eighty 


Acts,  1943. —  Chaps.  556,  557.  757 

of  the  General  Laws  on  December  fourth,  nineteen  hundred 
and  forty,  is  hereby  changed  to  Becker  Junior  College  of 
Business  Administration  and  Secretarial  Science. 

Section  2.  Said  corporation  is  hereby  authorized  and 
empowered  to  grant  to  students  properly  accredited  and  rec- 
ommended by  its  faculty,  upon  completion  of  the  two-year 
course  in  said  junior  college,  the  degree  of  Associate  in 
Science.  Approved  June  12,  1943. 


An  Act  authorizing  Cambridge  junior  college  to  con-  (J}iar).55Q 

FER   the   degrees   OF   ASSOCIATE   IN   ARTS  AND   ASSOCIATE 
IN   SCIENCE, 

Be  it  enacted,  etc.,  as  follows: 

Cambridge  Junior  College,  a  corporation  incorporated  un- 
der general  law  in  the  year  nineteen  hundred  and  thirty-six, 
and  authorized  to  use  its  present  name  and  the  designation 
of  "junior  college"  by  chapter  two  hundred  and  fifty-four 
of  the  acts  of  nineteen  hundred  and  forty-one,  is  hereby  au- 
thorized to  grant  the  degrees  of  Associate  in  Arts  and  Asso- 
ciate in  Science  to  students  properly  accredited  and  recom- 
mended by  its  faculty,  upon  completion  by  such  students  of 
a  two  years'  course  of  instruction  in  said  junior  college. 

Approved  June  12,  1943. 

An  Act  authorizing  babson  institute  to  confer  the  Qfidj)  557 

DEGREES  OF  BACHELOR   OF  SCIENCE  AND  MASTER  OF  BUSI- 
NESS   ADMINISTRATION. 

Be  it  enacted,  etc.,  asfolloios: 

Babson  Institute,  a  corporation  organized  under  chapter 
one  hundred  and  eighty  of  the  General  Laws,  is  hereby  au- 
thorized to  confer  the  degree  of  Bachelor  of  Science,  with 
specification  in  Business  Administration;  provided,  that 
said  degree  shall  not  be  granted  to  any  person  until  after 
such  person  shall  have  completed  to  the  satisfaction  of  the 
president  and  faculty  of  said  Institute  at  least  one  hundred 
and  twenty  semester  hours  of  work;  and  to  confer  the  de- 
gree of  Master  of  jBusiness  Administration;  provided,  that 
said  degree  shall  not  be  granted  to  any  person  unless  such 
person  shall  have  received  a  bachelor's  degree,  and,  after 
having  received  such  degree,  shall  have  completed  to  the  sat- 
isfaction of  the  president  and  faculty  of  said  Institute  at 
least  forty  semester  hours  in  graduate  study  and  research. 

Approved  June  12,  1943. 


758  Acts,  1943.  —  Chap.  558. 


Chap. 558  An  Act  establishing  in  the  superior  court  an  appel- 
late DIVISION  FOR  THE  REVIEW  OF  CERTAIN  SENTENCES 
IN   CRIMINAL   CASES. 

Be  it  enacted,  etc.,  as  follows: 

Edj,'278^new       SECTION  1.     Chapter  two  hundred  and  seventy-eight  of 
§§  28A.-28D,     the  General  Laws  is  hereby  amended  by  inserting  after  sec- 
tion twenty-eight,  as  appearing  in  the  Tercentenary  Edition, 
Appellate  the  four  following  sections:  —  Section  28 A.    There  shall  be 

superkTr  court,  ^n  appellate  division  of  the  superior  court  for  the  review  of 
sentences  to  the  state  prison  imposed  by  final  judgments  in 
criminal  cases,  except  in  any  case  in  which  a  different  sen- 
tence could  not  have  been  imposed.  Said  appellate  division 
shall  consist  of  three  justices  of  the  superior  court  to  be  des- 
ignated from  time  to  time  by  the  chief  justice  of  said  court, 
and  shall  sit  in  Boston  or  at  such  other  place  as  may  be  des- 
ignated by  the  chief  justice,  and  at  such  times  as  he  shall 
determine.  No  justice  shall  sit  or  act  on  an  appeal  from  a 
sentence  imposed  by  him.  Two  justices  shall  constitute  a 
quorum  to  decide  all  matters  before  the  appellate  division. 

A  designation  by  the  chief  justice  of  the  members  of  the 
appellate  division  shall  be  recorded  by  the  clerk  for  criminal 
business  in  Suffolk  county  who  shall  forthwith  send  copies 
thereof  to  the  several  clerks  of  the  superior  court. 
hef'o7e''appoiiate      Scction  28B.     A  person  aggrieved  by  a  sentence  which 
division.  may  be  reviewed  may  within  three  days  after  the  date  of 

the  imposition  thereof,  notwithstanding  any  partial  execu- 
tion of  such  sentence,  file  with  the  clerk  a  request  for  leave 
of  the  justice  who  imposed  the  sentence  to  appeal  to  the 
appellate  division  for  the  review  of  such  sentence.  Upon  the 
imposition  of  such  a  sentence  to  the  state  prison  the  clerk 
of  the  court  shall  notify  the  person  sentenced  of  his  right  to 
request  such  leave.  If  such  leave  to  appeal  is  not  granted 
within  ten  days  after  such  request,  the  person  sentenced  shall 
forthwith  be  notified  by  the  clerk  of  his  right  to  request  said 
appellate  division  within  ten  days  for  leave  to  appeal  for 
the  review  of  such  sentence.  The  justice  imposing  the  sen- 
tence may  grant  such  leave  at  any  time  before  the  request 
to  the  appellate  division  is  considered.  Whenever  leave  to 
appeal  is  granted  the  defendant  shall  be  notified  by  the  clerk, 
and  the  appeal  shall  be  filed  with  the  clerk  for  the  county 
where  the  judgment  was  rendered  within  ten  days  after  notice 
that  leave  is  granted.  Said  division  may  for  cause  shown 
consider  any  late  request  for  leave  to  appeal  filed  within  one 
month  from  the  imposition  of  sentence  and  may  grant  such 
leave.  A  request  for  leave  to  appeal  or  an  appeal  shall  not 
stay  the  execution  of  a  sentence.  The  clerk  shall  forthwith 
notify  the  chief  justice,  the  justice  who  imposed  the  sentence 
appealed  from  and  the  appellate  division  of  the  filing  of  such 
an  appeal.  Such  justice  may  transmit  to  the  appellate  divi- 
sion a  statement  of  his  reasons  for  imposing  the  sentence 


Acts,  1943.  —  Chap.  558.  759 

and  shall  make  such  a  statement  within  seven  days  if  re- 
quested to  do  so  by  the  appellate  division. 

If  leave  to  appeal  is  granted  in  accordance  with  this  sec- 
tion, the  appellate  division  shall  have  jurisdiction  to  con- 
sider the  appeal  with  or  without  a  hearing,  review  the  judg- 
ment so  far  as  it  relates  to  the  sentence  imposed,  and  also 
any  other  sentence  imposed  when  the  sentence  appealed  from 
was  imposed,  notwithstanding  the  partial  execution  of  any 
such  sentence,  and  shall  have  jurisdiction  to  amend  the  judg- 
ment by  ordering  substituted  therefor  a  different  appropriate . 
sentence  or  sentences  or  any  other  disposition  of  the  case 
which  could  have  been  made  at  the  time  of  the  imposition  of 
the  sentence  or  sentences  under  review,  but  no  sentence  shall 
be  increased  without  giving  the  defendant  an  opportunity 
to  be  heard.  If  the  appellate  division  decides  that  the  origi- 
nal sentence  or  sentences  should  stand,  it  shall  dismiss  the 
appeal.  Its  decision  shaU  be  final.  The  clerk  shall  forthwith 
notify  the  chief  justice  and  the  justice  who  imposed  the  sen- 
tence appealed  from  of  the  final  action  by  the  appellate  divi- 
sion on  the  appeal.  The  appellate  division  may  require  the 
production  of  any  records,  documents,  exhibits  or  other  thing 
connected  with  the  proceedings.  The  superior  court  shall 
by  rule  establish  forms  for  requests  for  leave  to  appeal  and 
for  appeals  hereunder  and  may  by  rule  make  such  other 
regulations  of  procedure  relative  thereto,  consistent  with 
law,  as  justice  may  require. 

Section  28C.    If  an  appeal  is  dismissed,  the  clerk  for  the  Dismissal 
county  where  the  judgment  was  rendered  shall  forthwith  '^f^pp^'^i- 
notify  the  appellant  and  the  warden  of  the  state  prison.    If  Amendment 
the  judgment  is  amended  by  an  order  substituting  a  different  °  ■*"  ""'^"^ 
sentence  or  sentences,  or  disposition  of  the  case,  the  court 
sitting  in  any  convenient  county  shall  resentence  the  defend- 
ant or  make  any  other  disposition  of  the  case  ordered  by  the 
appellate  division.    Time  served  on  a  sentence  appealed  from 
shall  be  deemed  to  have  been  served  on  a  substituted  sen- 
tence. 

Section  38 D.    When  an  appeal  is  considered  or  heard  in  cierk  of  courts 
a  county  other  than  that  in  which  the  judgment  was  ren-  to'^act'as°c'iMk 
dered,  or  when  a  defendant  is  brought  before  the  court  for  [,°^°^^Yn 
resentence  or  other  disposition  in  such  a  county,  the  clerk  certain  cases. 
for  such  county  or  an  assistant  clerk  shall  act  as  clerk  for  the 
county  in  which  the  judgment  was  rendered  and  shall  issue 
any  process  required,  and  shall  transmit  copies  thereof  with 
a  statement  of  the  proceedings  to  the  last  mentioned  clerk. 

Section  2.     This  act  shall  become  operative  November  Effective  date. 
first,  nineteen  hundred  and  forty-three,  and  shall  apply  only 
to  sentences  imposed  on  or  after  said  date. 

Approved  June  12,  1943. 


760  Acts,  1943.  —  Chaps.  559,  560,  561. 


Chap. 559  An  Act  relative  to  the  exemption  of  persons  seventy 

YEARS    OF    AGE    OR    OVER    FROM    THE    PAYMENT    OF    POLL 
TAXES. 


G.  L.  (Ter. 
Ed.),  59,  §  5, 


from  poll  tax. 


Be  it  enacted,  etc.,  as  follows: 

Clause  Seventeenth  A  of  section  five  of  chapter  fifty-nine 
rtc^ramended.  of  the  General  Laws,  inserted  by  section  four  of  chapter  one 
hundred  and  eighty-six  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  is  hereby  amended  by  adding  at  the  end  the 
following  sentence :  —  In  case  a  male  inhabitant  of  the  com- 
Exemptiou^^  mon Wealth,  who  is  seventy  years  of  age  or  over,  shall  in  any 
year  request  that  he  be  exempt  from  payment  of  a  poll  tax, 
such  request  shall  be  deemed  to  continue  in  effect  with  re- 
spect to  poll  taxes  assessed  in  subsequent  years  unless  such 
inhabitant  shall  otherwise  in  writing  direct. 

Approved  June  12,  19 43. 


Chap. 5Q0  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.  Chapter  two  hundred  and  forty-three  of  the 
acts  of  the  current  year  is  hereby  amended  by  inserting  after 
section  one  the  following  new  section:  —  Section  lA.  This 
act  shall  apply  to  the  retirement  allowances  of  laborers,  fore- 
men, mechanics,  craftsmen  and  chauffeurs  of  said  city  re- 
tired since  January  first,  nineteen  hundred  and  thirty-one 
and  prior  to  the  effective  date  of  this  act  as  well  as  to  those 
retired  after  said  effective  date,  subject,  however,  to  section 
ten  of  chapter  two  hundred  and  eighty-five  of  the  acts  of 
nineteen  hundred  and  thirty-four,  as  amended  by  section  ten 
of  chapter  one  hundred  and  two  of  the  acts  of  nineteen  hun- 
dred and  thirty-seven. 

I  Section  2.  This  act  shall  take  effect  as  of  the  effective 
date  of  said  chapter  two  hundred  and  forty-three  of  the  acts 
of  the  current  year.  Approved  June  12,  194-3. 


Chap. 561  An  Act  to  further  regulate  the  filing  of  notice  of 
intention  of  marriage  and  the  issuance  of  certifi- 
cates OF  such  filing. 

Emergency  Wkcreas,    The  deferred  operation  of  this  act  would  tend 

preamble.  ,    .  .'  .  .    ■,  '^.      .  .     ,  ....  ,. 

to  defeat  its  purpose,  which  is  m  part  to  authorize  immedi- 
ately certain  physicians  and  certain  medical  officers  of  the 
armed  forces  of  the  United  States  to  issue  medical  certifi- 
cates to  persons  fifing  notices  of  intention  of  marriage,  there- 
fore it  is  hereby  declared  to  be  an  emergency  law,  necessary 
for  the  immediate  preservation  of  the  public  convenience. 


Acts,  1943.  —  Chap.  561.  761 


Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  two  hundred  and  seven  of  the  Gen-  g.  l.  (Xer. 
eral  Laws  is  hereby  amended   by  inserting  after  section  f  28A"added!' 
twenty-eight,    as    amended,    the   following   section :  —  Sec-  Notice  of 
tion  28 A.    Except  as  hereinafter  provided,  a  certificate  shall  intention  of 
not  be  issued  by  the  clerk  or  registrar  under  section  twenty-  pifysiciln's 
eight  until  he  has  received  from  each  party  to  the  intended  certificate. 
marriage  a  medical  certificate  signed  by  a  qualified  physician 
registered  and  practicing  in  the  commonwealth,  a  physician 
registered  or  licensed  to  practice  in  any  other  state  of  the 
United  States,  or  a  commissioned  medical  officer  on  active 
service  in  the  armed  forces  of  the  United  States  who  has 
examined  such  party  as  hereinafter  provided.    Such  examina- 
tion shall  be  made  only  to  ascertain  the  presence  or  absence 
of  evidence  of  syphilis,  and  shall  include  a  serological  test  for 
syphilis.    Said  test  shall  be  made  by  a  laboratory  of  the  state 
department  of  public  health  or  by  a  laboratory  meeting 
standards  approved  by  said  department  or,  if  not  located 
within  the  commonwealth,  approved  by  the  United  States 
Public  Health  Service.    The  examination  by  such  physician 
and  the  laboratory  test  shall  be  made  not  more  than  thirty 
days  before  a  certificate  is  issued  under  section  twenty-eight. 
If  such  physician,  in  making  such  examination,  discovers 
evidence  of  any  such  disease,  he  shall  inform  both  parties  to 
the  intended  marriage  of  the  nature  of  such  disease  and  of  the 
possibilities  of  transmitting  the  same  to  his  or  her  marital 
partner  or  to  their  children. 

Such  medical  certificate  by  a  physician  registered  and 
practicing  in  the  commonwealth  shall  read  as  follows: —  I, 
(name  and  address  of  physician),  a  registered  physician  of 
(city  or  town)  in  the  commonwealth  of  Massachusetts,  de- 
clare that  on  (month,  day,  year)  I  examined  (name  and  ad- 
dress of  person)  in  accordance  with  section  twenty-eight  A  of 
chapter  two  hundred  and  seven  of  the  General  Laws  of  the 
commonwealth.  This  certificate  is  made  under  the  penalties 
of  perjury. 

Such  medical  certificate  by  a  physician  registered  in  any 
other  state  of  the  United  States  shall  read  as  follows :  —  I, 
(name  and  address  of  physician),  a  physician  registered  or 
licensed  to  practise  in  (state,  territory  or  District  of  Colum- 
bia), on  oath  declare  that  on  (month,  day,  year)  I  examined 
(name  and  address  of  person)  in  accordance  with  section 
twenty-eight  A  of  chapter  two  hundred  and  seven  of  the  Gen- 
eral Laws  of  the  commonwealth  of  Massachusetts. 

Such  medical  certificate  by  a  commissioned  medical  officer 
on  active  service  in  the  armed  forces  of  the  United  States 
shall  read  as  follows:  —  I,  (name  and  address  of  physician), 
a  (rank  or  title)  serving  in  the  (army)  (navy)  of  the  United 
States,  on  oath  declare  that  on  (month,  day,  year)  I  exam- 
ined (name  and  home  address  of  person)  in  accordance  with 
section  twenty-eight  A  of  chapter  two  hundred  and  seven  of 
the  General  Laws  of  the  commonwealth  of  Massachusetts. 


762 


Acts,  1943.  —  Chap.  562. 


Penalty. 


G.  L.  (Ter. 
Ed.),  207, 
§  20B.  etc., 
repealed. 


G.  L.  (Ter 
Ed.),  207, 
etc.,  amended 


§  20, 


Notice  of 
intention  of 
marriage. 


Blank  forms  of  medical  certificates  required  under  this 
section  shall  be  furnished  to  city  and  town  clerks  by  the  de- 
partment of  public  health. 

The  clerk  or  registrar  receiving  such  medical  certificates  in 
the  case  of  an  intended  marriage  shall  endorse  on  the  certifi- 
cate to  be  issued  by  him  under  section  twenty-eight  in  rela- 
tion to  the  marriage  a  statement  that  such  medical  certificates 
have  been  received. 

In  emergency  cases  where  the  death  of  either  party  to  the 
intended  marriage  is  imminent  or  where  the  female  is  near 
the  termination  of  her  pregnancy,  upon  the  authoritative 
request  of  a  minister,  clergyman,  priest,  rabbi  or  attending 
physician,  the  clerk  or  registrar  may  issue  a  certificate  under 
section  twenty-eight  without  having  received  the  medical 
certificate,  or  having  endorsed  on  his  certificate  a  statement 
of  such  receipt,  as  provided  by  this  section. 

Whoever,  being  subject  to  the  laws  of  the  commonwealth 
fails  to  comply  with  any  provision  of  this  section  shall  be 
punished  by  a  fine  of  not  less  than  ten  nor  more  than  one 
hundred  dollars. 

Section  2.  Section  twenty  B  of  said  chapter  two  hundred 
and  seven,  as  most  recently  amended  by  sections  one  and 
two  of  chapter  six  hundred  and  ninety-seven  of  the  acts  of 
nineteen  hundred  and  forty-one,  is  hereby  repealed. 

Section  3.  Section  twenty  of  said  chapter  two  hundred 
and  seven,  as  amended  by  chapter  one  hundred  and  twenty- 
seven  of  the  acts  of  nineteen  hundred  and  thirty-three,  is 
hereby  further  amended  by  inserting  after  the  word  "resi- 
dence" in  the  eighteenth  fine  the  following  sentence:  —  In 
case  of  persons,  one  or  both  of  whom  are  in  the  armed  forces, 
such  notice  may  be  given  by  either  party,  provided  that  one 
is  domiciled  within  the  commonwealth. 

Approved  June  12,  1943. 


Chap.5Q2  An  Act  exempting  certain  offices  and  positions  from 

THE  provisions  OF  THE  ACT  TEMPORARILY  INCREASING 
THE  SALARIES  OF  THE  OFFICERS  AND  EMPLOYEES  OF  THE 
COMMONWEALTH. 

Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose  which  is  to  exempt  certain  offices  and 
positions  in  the  service  of  the  commonwealth  from  the  opera- 
tion of  chapter  one  hundred  and  seventy  of  the  acts  of 
the  current  year  which  temporarily  increases  the  salaries 
of  officers  and  employees  in  the  service  of  the  common- 
wealth, therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  one  hundred  and  seventy  of  the  acts  of  the  cur- 
rent year  is  hereby  amended  by  inserting  after  section  two 
the  following  section:  —  Section  2 A.    Any  person  appointed 


Acts,  1943.  — Chaps.  563,  564.  763 

to  an  office  or  position  subject  to  any  provision  of  this  act 
may,  before  qualifying  for  such  office  or  position,  file  with 
the  state  comptroller  a  waiver  of  the  increase  in  compensa- 
tion provided  for  such  office  or  position  by  this  act  and,  if 
he  files  such  a  waiver,  shall  not  receive  the  additional  com- 
pensation provided  therefor  hereby. 

Approved  June  12,  1943. 


An  Act  authorizing  the  state  treasurer  to  exempt  Chap.5Q'S 

HIMSELF  AND  ANY  OTHER  PUBLIC  OFFICER  FROM  THE 
PROVISIONS  OF  THE  ACT  REQUIRING  THAT  EMPLOYERS 
PAYING  WAGES  BY  CHECK  SHALL  PROVIDE  REASONABLE 
FACILITIES    FOR    THE  CASHING    OF    THE    SAME. 

Be  it  enacted,  etc.,  as  follows: 

The  paragraph  inserted  in  section  one  hundred  and  forty-  g.  l.  (Ter. 
eight  of  chapter  one  hundred  and  forty-nine  of  the  General  f  us/^^' 
Laws  by  chapter  three  hundred  and  seventy-eight  of  the  amended. 
acts  of  the  current  year  is  hereby  amended  by  inserting  at 
the  end  the  following  sentence:  —  The  state  treasurer  may  Exemption. 
in  his  discretion  in  writing  exempt  himself  and  any  other 
public  officer  from  the  provisions  of  this  paragraph. 

Approved  June  12,  1943. 

An  Act  making  certain  changes  with  respect  to  the  Chap. 564: 

FORM    OF   TAX   BILLS   AND   NOTICES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  sixty  of  the  General  Laws  is  hereby  g.  l.  (Xer. 
amended  by  striking  out  section  three  A,  as  most  recently  f^^']'  ^'  ^  ^^' 
amended  by  section  three  of  chapter  one  hundred  and  sixty-  amended, 
six  of  the  acts  of  nineteen  hundred  and  forty-three,  and  in- 
serting in  place  thereof  the  following  section: —  Section  3 A.  [^""^ms^fc 
Every  tax  bill  or  notice,  other  than  a  bill  or  notice  of  a  poll 
tax,  shall  state  the  assessed  valuation  of  each  parcel  of  land 
included  in  the  assessment  of  the  tax  for  which  the  bill  or 
notice  is  sent  and  of  each  building  or  structure  on  each  such 
parcel  or  affixed  thereto  and  shall  also  state  the  total  assessed 
valuation  and  the  tax  rate  for  the  year  to  which  the  tax  re- 
lates.   Such  bill  or  notice  shall  also  contain  a  statement  in- 
dicating the  provisions  of  law  governing  the  imposition  of 
penalties,  interest,  charges  and  fees  in  case  the  tax  for  which 
the  bill  or  notice  is  sent  remains  unpaid  after  the  due  date. 

Section  2. '  This  act  shall  not  become  effective  until  the  Effective  date. 
termination  of  the  existing  states  of  war  between  the  United 
States  and  certain  foreign  countries,  and  shall  apply  only  to 
assessments  made  subsequent  to  such  termination. 

Approved  June  12,  1943. 


764 


Acts,  1943.  — Chap.  565. 


G.  L.  (Ter. 
Ed.l.  112, 
§  87T,  etc., 
amended. 


Definitions. 


Chap.5Q5  An  Act  relative  to  the  registration  op  hairdressers 

AND  THE  REGULATION  OF  THE  OCCUPATION  OF  HAIRDRESS- 
ING.  , 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  one  hundred  and  twelve  of  the  Gen- 
eral Laws  is  hereby  amended  by  striking  out  section  eighty- 
seven  T,  as  amended  by  sections  one  and  two  of  chapter 
six  hundred  and  twenty-six  of  the  acts  of  nineteen  hundred 
and  forty-one,  and  inserting  in  place  thereof  the  following 
section:  —  Section  87 T.  The  following  words,  as  used  in  sec- 
tions eighty-seven  T  to  eighty-seven  J  J,  inclusive,  shall  have 
the  following  meanings :  — 

"Board",  the  board  of  registration  of  hairdressers  estab- 
lished by  section  forty-two  of  chapter  thirteen. 

"Demonstrator",  any  person  who  engages  in  behalf  of  a 
manufacturer,  wholesaler,  retailer  or  distributor  in  demon- 
strating the  use  of  any  machine  or  other  article  pertaining 
to  hairdressing  without  charge  to  the  person  who  is  subject 
to  such  demonstration. 

"Hairdresser",  any  person  who  engages  in  hairdressing  for 
compensation,  except  the  following  persons :  — 

.  1.  A  barber  engaged  in  his  usual  occupation,  or  only  in 
cutting  the  hair  of  any  female,  in  any  location  not  subject 
to  said  sections  eighty-seven  T  to  eighty-seven  JJ,  inclusive. 

2.  A  person  who  engages  in  behalf  of  a  manufacturer  or 
distributor  solely  in  demonstrating  the  use  of  any  machine 
or  other  article  for  purposes  of  sale,  without  charge  to  the 
person  who  is  the  subject  of  such  demonstration. 

"Hairdressing",  arranging,  dressing,  curling,  waving, 
cleansing,  cutting,  singeing,  bleaching,  coloring,  or  similarly 
treating  the  hair  of  any  female,  or  performing  work  as  a 
cosmetologist  as  defined  in  section  eight-seven  F,  or  any 
combination  of  any  of  the  foregoing,  but  not  including  the 
removal  of  superfluous  hair  or  skin  blemishes  by  direct  ap- 
plication of  an  electric  current  or  any  treatment  of  the  bust. 

"Instructor",  a  person  who  teaches  all  branches  of  hair- 
dressing and  manicuring  in  a  registered  school. 

"Operator",  a  person  engaged  in  hairdressing  or  in  any 
of  its  branches  under  the  supervision  of  a  registered  hair- 
dresser. 

"Manicurist",  any  person  who  engages  in  manicuring  for 
compensation. 

"Manicuring",  the  cutting,  trimming,  polishing,  tinting, 
coloring  or  cleansing  the  nails  of  any  person. 

"Manicuring  shop",  a  shop  licensed  to  do  manicuring 
only  on  the  nails  of  any  person. 

"School",  except  in  section  eighty-seven  Z,  a  school  or 
other  institution  privately  owned,  conducted  for  the  pur- 
pose of  teaching  hairdressing  or  such  of  its  branches  as  the 
board  may  require. 


Acts,  1943.  — Chap.  565.  765 

"Shop",  a  beauty  shop  to  which  customers  come  for  hair- 
dressing  and  cosmetology. 

"Student",  a  person  studying  hairdressing  or  manicuring 
in  a  school. 

Section  2.     Said   chapter   one   hundred   and   twelve   is  g.  l.  fTer. 
hereby  further  amended   by  striking  out  section   eighty-  f  gyvi^ Itc., 
seven  V,  as  most  recently  amended  by  section  four  of  chap-  amended. 
ter  six  hundred  and  twenty-six  of  the  acts  of   nineteen 
hundred  and  forty-one,  and  inserting  in  place  thereof  the  fol- 
lowing section:  —  Section  87V.    Any  registered  student  who  Examination 
has  completed  a  course  of  at  least  six  months,  including  at  °^  operators. 
least  one  thousand  hours  of  professional  training,  in  a  school 
approved  by  the  board,  if  such  registrant  after  application 
accompanied  by  an  examination  fee  as  provided  in  section 
eighty-seven  CC  for  a  first  examination,  together  with  two 
photographs  of  the  appHcant,  or  a  fee  as  provided  in  said 
section  eighty-seven  CC  for  a  second  or  subsequent  exami- 
nation, passes  an  examination  satisfactory  to  the  board,  may 
be  registered  by  the  board  as  an  operator,  and  as  such  may 
practice  hairdressing  for  compensation  under  the  supervi- 
sion of  a  registered  hairdresser  during  the  period  of  such 
original  registration,  and  thereafter,  upon  payment  annually 
of  a  renewal  fee  as  provided  in  said  section  eighty-seven  CC. 
Any  person  making  application  for  examination  hereunder 
may  be  allowed  to  practice  as  an  operator  until  the  next  ex- 
amination by  the  board,  and  the  board  may  grant,  without 
charge,  a  permit  authorizing  him  to  practice  as  such  opera- 
tor until  such  next  examination,  and  the  board  may  extend 
such  permit  until  a  subsequent  examination  by  the  board. 

Section  3.     Said   chapter   one  hundred   and   twelve   is  g.  l.  (Ter. 
hereby   further  amended   by  striking  out  section  eighty-  §^87w/e^tc., 
seven  W,  as  most  recently  amended  by  section  five  of  said  amended. 
chapter  six  hundred  and  twenty-six,  and  inserting  in  place 
thereof  the  following  section :  —  Section  87W.     Any  opera-  Registration 
tor  who  has  had  not  less  than  six  months'  practical  experi-  °^  hairdressers. 
ence  as  such,  and  who,  after  application  accompanied  by  an  ^e!*Tt".^*^'°"' 
examination  fee  as  provided  in  section  eighty-seven  CC  for 
a  first  examination,  together  with  two  photographs  of  the 
applicant,  or  a  fee  as  provided  in  said  section  eighty-seven  CC 
for  a  second  or  subsequent  examination,  passes  a  practical 
examination  satisfactory  to  the  board,  may  be  registered  by 
the  board  as  a  hairdresser,  and  thereafter  may  practice  hair- 
dressing in  a  registered  shop  for  compensation  and  may  super- 
vise operators,  without  additional  payment  for  the  period 
during  which  such  person  was  originally  registered  as  an 
operator,  and  thereafter  upon  payment  annually  of  a  hair- 
dresser's renewal  fee  as  provided  in  said  section  eighty- 
seven  CC. 

Any  demonstrator  who  has  had  at  least  three  months' 
practical  experience  as  such,  and  who  after  application,  ac- 
companied by  a  notarized  affidavit  from  each  manufacturer 
or  distributor  for  whom  she  is  or  was  employed  during 


766 


Acts,  1943.  —  Chap.  565. 


G.  L.  (Ter. 
Eri.),  112, 
§  87 X,  etc., 
auiended. 


Registration 
of  manicurists. 

Examination, 
fee,  etc. 


G.  L.  (Ter. 
Ed.),  112, 
§  87Z,  etc., 
amjnded. 


Re<;istration 
without  exam- 
ination. 


G.  L.  (Ter. 
Ed.),  112, 
§  87AA,  etc. 
amended. 


Registered 
beauty,  etc. 
shop. 


such  period  and  the  fee  as  provided  in  said  section  eighty- 
seven  CC,  together  with  two  pictures  of  the  apphcant,  may- 
be registered  by  the  board  as  a  demonstrator,  and  there- 
after may  practice  as  a  demonstrator. 

Section  4.  Said  chapter  one  hundred  and  twelve  is 
hereby  further  amended  by  striking  out  section  eighty- 
seven  X,  as  amended  by  section  six  of  said  chapter  six  hun- 
dred and  twenty-six,  and  inserting  in  place  thereof  the  fol- 
lowing section : —  Section  87 X.  Any  registered  student  who 
has  completed  a  course  of  at  least  one  month,  including  at 
least  one  hundred  hours  of  professional  training  in  mani- 
curing, in  a  school  approved  by  the  board,  if  such  regis- 
trant after  application  accompanied  by  an  examination  fee 
as  provided  in  section  eighty-seven  CC  for  a  first  examina- 
tion, together  with  two  photographs  of  the  applicant,  or  a 
fee  as  provided  in  said  section  eight-seven  CC  for  a  second 
or  subsequent  examination,  passes  an  examination  satis- 
factory to  the  board,  may  be  registered  by  the  board  as  a 
manicurist  and  may  practice  manicuring  for  compensation 
during  the  period  of  such  original  registration,  and  there- 
after upon  payment  annually  of  a  renewal  fee  as  provided 
in  said  section  eighty-seven  CC. 

Section  5.  Said  chapter  one  hundred  and  twelve  is 
hereby  further  amended  by  striking  out  section  eighty- 
seven  Z,  as  amended  by  section  five  of  chapter  three  hun- 
dred and  eighty-five  of  the  acts  of  nineteen  hundred  and 
thirty-seven,  and  inserting  in  place  thereof  the  following 
section :  —  Section  87 Z.  The  board  may  register,  without 
examination,  any  hairdresser,  operator  or  manicurist  who 
has  been  registered  as  such  under  the  laws  of  another  state 
which,  in  the  opinion  of  the  board,  maintains  a  standard 
substantially  equivalent  to  that  of  this  commonwealth,  and 
in  which  hairdressers,  operators  and  manicurists  registered 
in  this  commonwealth  are  given  like  recognition,  upon  pay- 
ment of  the  fee  prescribed  in  section  eighty-seven  CC.  Any 
person  who  has  completed  in  another  state,  or  in  a  school 
in  this  commonwealth  supported  by  public  funds,  a  course 
of  professional  training,  substantially  equivalent  to  that  re- 
quired by  section  eighty-seven  V,  and  who,  after  application 
accompanied  by  an  examination  fee  as  prescribed  in  section 
eighty-seven  CC  for  a  first  examination,  or  a  fee  as  pre- 
scribed in  said  section  eighty-seven  CC  for  a  second  or  sub- 
sequent examination,  passes  an  examination  satisfactory  to 
the  board,  may  be  registered  by  the  board  as  an  operator. 

Section  6.  Said  chapter  one  hundred  and  twelve  is 
hereby  further  amended  by  striking  out  section  eighty- 
seven  AA,  as  amended  by  section  seven  of  said  chapter  six 
hundred  and  twenty-six,  and  inserting  in  place  thereof  the 
following  section :  —  Section  87 A  A .  The  board  may  author- 
ize one  or  more  registered  hairdressers  or  manicurists,  or  any 
person  employing  one  or  more  registered  hairdressers  or 
manicurists,  upon  payment  to  the  board  of  a  beauty  shop 
or  manicure  shop  registration  fee  as  provided  in  section 


Acts,  1943. —  Chap.  565.  767 

eighty-seven  CC,  to  operate  a  registered  beauty  shop  or 
manicure  shop,  and  such  person  or  persons  may  thereafter 
operate  such  beauty  shop  or  manicure  shop  upon  payment 
annually  of  a  beauty  shop  or  manicure  shop  registration  re- 
newal fee  as  provided  in  said  section  eighty-seven  CC;  pro- 
vided, that,  in  the  case  of  a  beauty  shop  or  manicure  shop 
conducted  solely  by  a  hairdresser  or  manicurist  owning  the 
same,  the  beauty  shop  or  manicure  shop  registration  fee 
and  beauty  shop  or  manicure  shop  renewal  fee  shall  each 
be  as  provided  in  said  section  eighty-seven  CC. 

The  owner  of  such  beauty  shop  or  manicure  shopjshall 
not  employ  for  hire  or  allow  any  hairdresser,  operator,  dem- 
onstrator or  manicurist  to  work  in  such  beauty  shop  or  mani- 
cure shop  unless  registered  in  accordance  with  sections  eighty- 
seven  T  to  eighty-seven  JJ,  inclusive. 

Section  7.     Said   chapter  one  hundred  and  twelve  is  g.  l.  (Xer. 
hereby  further   amended    by  striking  out    section  eighty-  f  s7BB,^etc., 
seven  BB,  as  amended  by  section  six  of  said  chapter  three  amended. 
hundred  and  eighty-five,  and  inserting  in  place  thereof  the 
following  section:  —  Section  87 BB.     The  board  may  regis-  Registered 
ter  any  school  which  it  approves,  upon  payment  of  a  school  s'^'*^""' 
registration  fee  as  provided  in  section  eighty-seven  CC,  and 
such  school  may  annually  be  registered  upon  payment  of  a 
renewal  fee  as  provided  in  said  section  eighty-seven  CC; 
provided,  that  standards  of  professional  training  satisfac- 
tory to  the  board  are  there  maintained  and  a  suflEicient  course 
is  there  given.    Any  registered  hairdresser  who  has  had  not 
less  than  three  years  practical  experience  as  such,  and  who, 
after  application  accompanied  by  an  examination  fee  as  pro- 
vided in  said  section  eighty-seven  CC  for  a  first  examina- 
tion, or  a  fee  as  provided  in  said  section  eighty-seven  CC  for 
a  second  or  subsequent  examination,  passes  an  examination 
satisfactory  to  the  board,  may  be  registered  by  the  board  as 
an  instructor,  and  thereafter  may  instruct  in  hairdressing  in 
any  registered  school  during  the  period  of  original  registra- 
tion, and  thereafter,  upon  payment  annually  of  a  renewal 
fee  as  provided  in  said  section  eighty-seven  CC. 

No  person  not  so  registered  may  instruct  in  hairdressing 
in  any  registered  school  except  as  authorized  by  the  board. 

The  board  may  make  such  reasonable  rules  and  regula- 
tions as  are  necessary  for  the  proper  conduct  of  schools, 
qualifications  of  instructors,  courses  of  study,  and  hours  of 
study,  and  as  to  standards  of  professional  training. 

Section  8.    Said  chapter  one  hundred  and  twelve  is  hereby  g.  l.  (Xer. 
further  amended  by  striking  out  section  eighty-seven  CC,  as  f  87'cc"'et<-., 
amended  by  section  eight  of  said  chapter  six  hundred  and  amended. 
twenty-six,  and  inserting  in  place  thereof  the  following  sec- 
tion :  —  Section  87CC.    The  board  shall  make  such  uniform  Rules  and 
and  reasonable  rules  and  regulations  as  are  necessary  for  the  e'^ieerning 
proper  conduct  of  its  business,  the  establishment  of  proper  Hairdressers, 
standards  of  professional  skill  in  relation  to,  and  the  proper  '' '' 
supervision  of,  hairdressers,  demonstrators,  manicurists,  oper- 
ators, beauty  shops,  manicure  shops,  schools,  students  and 


768 


Acts,  1943.  —  Chap.  565. 


instructors,  and  especially  may  prescribe  such  sanitary  rules, 
subject  to  the  approval  of  the  department  of  public  health, 
as  it  may  deem  necessary  to  prevent  the  spreading  of  in- 
fectious or  contagious  diseases,  or  both,  but  nothing  herein 
shall  authorize  the  board  to  limit  the  number  of  hairdressers, 
demonstrators,  manicurists,  beauty  shops,  manicure  shops, 
schools,  operators,  students  or  instructors  in  the  common- 
wealth or  in  any  given  locality,  or  to  regulate  or  fix  compen- 
sation or  prices,  or  to  refuse  to  register  a  shop  solely  for  the 
reason  that  such  shop  is  to  be  conducted  by  a  person  in  his 
own  home  on  a  full  or  part  time  basis,  or  to  interfere  in  any 
way  with  the  conduct  of  the  business  of  hairdressing  or  mani- 
curing, except  so  far  as  is  necessary  for  the  protection  of  the 
public  health,  safety  or  morals. 

Before  engaging  in  actual  employment  in  the  practice  of 
hairdressing,  manicuring  or  demonstrating,  and  at  least  once 
every  twelve  months  thereafter,  every  registered  hairdresser, 
operator,  instructor,  manicurist  or  demonstrator  shall  secure 
from  a  physician  a  certificate  stating  that  such  person  is  not 
afflicted  with  tuberculosis,  venereal  disease  in  a  communi- 
cable form,  or  with  any  other  communicable  disease.  Said 
certificate  shall  be  on  a  form  furnished  by  the  board  and 
shall  be  kept  conspicuously  posted  with  the  license  certificate. 

The  following  fees  shall  be  paid  to  the  board  by  applicants 
before  a  certificate  of  registration  shall  be  issued  to  them :  — 


Applicant. 

Original. 

Renewal. 

School    ...... 

S50  00 

$25  00 

Beauty  shop  (employing  help) 

10  00 

5  00 

Manicure  shop  (employing  help) 

10  00 

5  00 

Beauty  shop  (working  alone)    . 

2  00 

2  00 

Manicure  shop  (working  alone) 

2  00 

2  00 

Hairdressers   ..... 

10  00 

2  00 

Hairdressers,  re-examination 

5  00 

2  00 

Hairdressers  (nonresident) 

20  00 

2  00 

Operators 

5  00 

2  00 

Operators,  re-examination 

3  00 

2  00 

Operators  (nonresident)    . 

15  00 

2  00 

Manicurist 

3  00 

2  00 

Manicurist,  re-examination 

2  00 

2  00 

Manicurist  (nonresident) 

5  00 

2  00 

Instructors 

15  00 

2  00 

Instructors,  re-examination 

10  00 

2  00 

Demonstrators 

5  00 

2  00 

Duplicate  certificate  of  registration, 

$1.00. 

G.  L.  (Ter. 
Ed.),  112, 
§  87DD,  etc., 
amended. 


A  booth  in  a  beauty  shop  or  manicure  shop,  which  is  oper- 
ated independently  thereof,  shall  be  subject  to  regulations 
and  registration  fees  the  same  as  in  an  independent  shop. 

Section  9.  Said  chapter  one  hundred  and  twelve  is  hereby 
further  amended  by  striking  out  section  eighty-seven  DD, 
as  appearing  in  section  two  of  chapter  four  hundred  and 


Acts,  1943. —  Chap.  565.  ^  769 

twenty-eight  of  the  acts  of  nineteen  hundred  and  thirty-five, 
and  inserting  in  place  thereof  the  following  section :  —  Sec-  inspection 
tion  87DD.  Any  member  or  agent  of  the  board  may  enter  °|jfi'^^i^°'^, 
and  inspect  any  beauty  shop,  manicure  shop  or  school  in  a 
proper  manner  at  any  time  during  business  hours  thereof. 
Whenever  a  complaint  is  made  to  the  board  that  any  person 
has  suffered  personal  injury  as  a  result  of  the  practice  of  the 
occupation  of  hairdressing,  or  that  any  female  person  has 
been  exposed  to  moral  hazard,  or  that  any  contagious  or  in- 
fectious disease  has  been  imparted,  at  any  beauty  shop,  mani- 
cure shop,  or  school,  or  that  any  beauty  shop,  manicure  shop, 
or  school  is  kept  in  an  unsanitary  condition,  or  that  any  per- 
son has  been  engaged  in  hairdressing  or  manicuring  for  com- 
pensation in  violation  of  any  provision  of  sections  eighty- 
seven  T  to  eighty-seven  JJ ,  inclusive,  a  member  or  agent  of 
the  board  shall  visit  and  inspect  such  beauty  shop,  manicure 
shop,  school  or  place  whereat  such  violation  is  alleged  to  have 
occurred,  and  enforce  the  provisions  of  said  sections  eighty- 
seven  T  to  eighty-seven  JJ,  inclusive.  The  board  and  its 
members  and  agents  may  investigate  the  standard  of  pro- 
fessional training  at  any  school,  and  the  sufficiency  of  the 
course  or  courses  there  given. 

Section  10.     Said  chapter  one  hundred  and  twelve  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  eighty-  FgyoG^^tc 
seven  GG,  as  most  recently  amended  by  section  nine  of  said  amended. 
chapter  six  hundred  and  twenty-six,  and  inserting  in  place 
thereof  the  following  section :  —  Section  87GG.    Each  regis-  Expiration 
tration  granted  under  sections  eighty-seven  T  to  eighty-  llj^^^^^^"' 
seven  J  J,  inclusive,  shall  expire  on  December  thirty-first  next 
succeeding  its  date,  and  shall  be  renewed  upon  the  filing  of 
an  application  therefor,  and  the  payment  of  the  prescribed 
renewal  fee,  on  or  before  its  expiration.     No  person  regis- 
tered under  said  sections  as  a  hairdresser,  manicurist,  in- 
structor, demonstrator  or  operator  shall  engage  in  the  occu- 
pation covered  by  such  registration  until  the  prescribed 
renewal  fee  shall  have  been  paid.     No  hairdresser,  mani- 
curist, instructor,  demonstrator  or  operator  whose  registra- 
tion has  not  been  so  renewed  within  three  years  following 
the  date  of  expiration  thereof  shall  be  entitled  to  renewal 
of  such  registration  but  shall  register  anew  under  said  sec- 
tions eighty-seven  T  to  eighty-seven  JJ,  inclusive. 

Section  11.     Said  chapter  one  hundred  and  twelve  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  eighty-  f  sTii^l^tc 
seven  II,  as  most  recently  amended  by  section  ten  of  said  amended.  " 
chapter  six  hundred  and  twenty-six,  and  inserting  in  place 
thereof  the  following  section:  —  Section  87 II.    Whoever  en-  Failure  to 
gages  in  or  follows,  or  attempts  to  engage  in  or  follow,  the  '■®^^**'"- 
occupation  of  an  instructor  or  of  hairdressing,  demonstrat-  p*'"'*'*^- 
ing  or  manicuring,  unless  duly  registered  by  the  board  or 
unless  granted  a  permit  by  the  board  under  section  eighty- 
seven  V,  and  whoever  conducts,  or  attempts  to  conduct,  a 
beauty  shop,  manicure  shop,  or  school  not  so  registered,  and 
whoever  violates  any  provision  of  sections  eighty-seven  T  to 


770 


Acts,  1943.  —  Chaps.  566,  567. 


G.  L.  (Ter. 
Ed.),  112, 
§  87JJ.  etc., 
amended. 


Limitation 
of  certain 
sections. 


eighty-seven  HH,  inclusive,  or  any  rule  or  regulation  made 
under  authority  thereof,  shall,  in  addition  to  any  other  pen- 
alty prescribed  or  authorized  by  said  sections,  be  punished 
by  a  fine  of  not  more  than  one  hundred  dollars. 

Section  12.  Said  chapter  one  hundred  and  twelve  is 
hereby  further  amended  by  striking  out  section  eighty- 
seven  JJ,  as  amended  by  section  eleven  of  said  chapter 
six  hundred  and  twenty-six,  and  inserting  in  place  thereof 
the  following  section :  —  Section  87JJ.  Nothing  in  sections 
eighty-seven  T  to  eighty-seven  II,  inclusive,  shall  be  deemed 
to  authorize  a  hairdresser,  demonstrator,  instructor  or  oper- 
ator to  engage  in  massage  or  other  occupation  requiring  a 
license,  unless  duly  licensed  therefor,  or  to  prohibit  a  per- 
son registered  under  said  sections  from  practicing  or  teach- 
ing any  such  occupation,  if  duly  licensed  therefor. 

Approved  June  12,  1943. 


Chap.  566  An    Act   limiting   the   time    within    which    petitions 

FOUNDED      UPON     CLAIMS    AGAINST    THE     COMMONWEALTH 
MAY   BE    BROUGHT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  two  hundred  and  sixty  of  the  Gen- 
eral Laws  is  hereby  amended  by  inserting  after  section 
three,  as  appearing  in  the  Tercentenary  Edition,  the  follow- 
ing section :  —  Section  3 A .  Petitions  founded  upon  claims 
against  the  commonwealth  prosecuted  under  chapter  two 
hundred  and  fifty-eight  shall  be  brought  only  within  three 
years  next  after  the  cause  of  action  accrues. 

Section  2.  Section  five  of  chapter  two  hundred  and  fifty- 
eight  of  the  General  Laws,  as  so  appearing,  is  hereby  re- 
pealed. Approved  June  12,  1943. 


G.  L.  (Ter. 
Ed.),  260,  new 
§  3A,  added. 


Limitation, 
petitions 
against  com- 
monwealth. 


G.  L.  (Ter. 
Ed.),  258,  § 
repealed. 


Chap. 567  An  Act  relative  to  the  terms  of  certain  bonds  and 
notes  to  be  issued  by  the  commonwealth. 


Emergency 
preamble. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  one  of  its  principal  purposes,  which  is  to  prepare 
with  the  utmost  expedition  for  national  defence  in  the  pres- 
ent emergency,  therefore  it  is  hereby  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
public  safety  and  convenience.    . 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  four  of  chapter  five  hundred  and 
twenty-eight  of  the  acts  of  the  current  year,  providing  for 
the  improvement,  enlargement,  extension,  development,  con- 
struction, alteration  and  operation  of  the  Commonwealth 
Airport-Boston,  so  called,  and  providing  further  for  ease- 
ments, roads,  highways,  approaches  and  means  of  access  by 


Acts,  1943.  — Chap.  567.  771 

railroad  or  otherwise  in  connection  therewith,  shall  be  issued 
for  terms  not  exceeding  five  years  from  their  dates  of  issue; 
and  such  bonds  shall  be  payable  not  earlier  than  July  first, 
nineteen  hundred  and  forty-five,  nor  later  than  July  first, 
nineteen  hundred  and  fifty,  and  the  maturities  thereof  shall 
be  so  arranged  that  the  amounts  payable  in  the  several 
years,  other  than  the  final  year,  shall  be  as  nearly  equal  as 
in  the  opinion  of  the  state  treasurer  it  is  practicable  to  make 
them,  as  recommended  by  the  governor  in  his  message  to 
the  general  court,  dated  June  eleventh,  nineteen  hundred 
and  forty-three,  in  pursuance  of  section  3  of  Article  LXII 
of  the  amendments  to  the  constitution  of  the  commonwealth. 

Section  2,  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  two  of  chapter  five  hundred  and  thirty- 
eight  of  the  acts  of  the  current  year,  providing  for  the  refi- 
nancing of  certain  investments  in  the  present  state  sinking 
fund,  shall  be  issued  for  terms  which,  in  the  opinion  of  the 
state  treasurer  with  the  approval  of  the  governor  and  coun- 
cil, will  permit  said  act  to  be  carried  out  in  accordance  with 
its  provisions,  provided  that  bonds  issued  for  the  purpose 
of  withdrawing  any  particular  securities  from  said  sinking 
fund  shall  be  payable  not  earlier  than  the  date  when  the 
securities  so  withdrawn  are  payable  nor  later  than  Decem- 
ber thirty-first,  nineteen  hundred  and  seventy-five,  substan- 
tially as  recommended  by  the  governor  in  his  message  to 
the  general  court  dated  June  eleventh,  nineteen  hundred  and 
forty-three,  in  pursuance  of  section  3  of  Article  LXII  of 
the  amendments  to  the  constitution  of  the  commonwealth. 

Section  3.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  notes  which  the  state  treasurer  is  authorized 
to  issue  under  section  one  A  of  chapter  five  hundred  and 
forty-three  of  the  acts  of  the  current  year,  relative  to  the 
furnishing  of  water  to  towns  in  the  metropolitan  water  dis- 
trict and  certain  other  towns,  shall  be  issued  for  terms  not 
exceeding  five  years  from  their  dates  of  issue,  as  recommended 
by  the  governor  in  his  message  to  the  general  court  dated 
June  twelfth,  nineteen  hundred  and  forty-three,  in  pursu- 
ance of  section  3  of  Article  LXII  of  the  amendments  to 
the  constitution  of  the  commonwealth. 

Approved  June  IS,  194S. 


772  Acts,  1943.  —  Chap.  568. 


Chap. 568  An  Act  to  apportion  and  assess  for  the  current  year 
A  state  tax  of  five  million  dollars,  for  the  year 
nineteen  hundred  and  forty-four  a  state  tax  of 
twelve  million  one  hundred  thousand  dollars  and 

FOR  the  six  months'  PERIOD  COMMENCING  JANUARY 
FIRST  AND  ENDING  JUNE  THIRTIETH  IN  THE  YEAR  NINE- 
TEEN HUNDRED  AND  FORTY-FIVE  A  STATE  TAX  OF  SIX  MIL- 
LION   EIGHT   HUNDRED   THOUSAND   DOLLARS. 

Be  it  enacted,  etc.,  as  follows: 

Part  I. 

Section  1.  There  shall  be  a  state  tax  for  the  current  year 
amounting  in  the  aggregate  to  five  million  dollars.  The  cities 
and  towns  in  the  commonwealth  shall  be  assessed  and  charged 
with,  and  shall  pay,  said  tax  in  the  proportions  established 
for  them,  respective^,  by  chapter  one  hundred  and  forty- 
one  of  the  acts  of  nineteen  hundred  and  forty-one,  as  amended 
'  by  chapter  six  hundred  and  thirty-three  of  the  acts  of  said 

year.  The  comptroller  shall,  as  soon  as  may  be,  prepare  a 
schedule  showing  the  sum  with  which  each  city  and  town  is 
charged  in  accordance  with  this  part  and  transmit  the  same 
to  the  commissioner  of  corporations  and  taxation,  who  shall 
verify  the  sums  appearing  in  such  schedule  and  as  soon  as 
may  be  thereafter  shall  certify  it  as  so  verified  to  the  state 
treasurer.  A  copy  of  the  schedule  as  so  verified  shall  be 
kept  in  the  office  of  said  commissioner  and  shall  be  open  to 
public  inspection. 

Section  2.  Upon  receipt  by  the  state  treasurer  from  said 
commissioner  of  said  schedule  as  verified  and  certified  by 
him,  said  treasurer  shall  forthwith  send  his  warrants  to  the 
selectmen  or  assessors  of  each  city  and  town  taxed  as  afore- 
said, requiring  them  respectively  to  assess  in  the  manner 
provided  in  section  twenty-one  of  chapter  fifty-nine  of  the 
General  Laws,  as  most  recently  amended  by  section  two  of 
chapter  three  hundred  and  seventy-six  of  the  acts  of  nine- 
teen hundred  and  thirty-six,  the  sum  so  charged,  and  any 
other  taxes  or  charges  which  may  be  due  and  payable  to  the 
commonwealth  as  specifically  provided  by  law  or  as  certified 
to  him  by  the  proper  state  board,  department  or  commis- 
sion, and  to  add  the  amount  of  such  taxes  and  charges  to 
the  amount  of  city,  town  and  county  taxes  to  be  assessed 
by  them  respectively  on  each  city  and  town. 

Section  3.  The  state  treasurer  in  his  warrant  shall  re- 
quire the  selectmen  or  assessors  to  pay,  or  issue  severally 
their  warrant  or  warrants  requiring  the  treasurers  of  their 
several  cities  and  towns  to  pay,  to  the  state  treasurer,  on  or 
before  November  twentieth  in  the  current  year,  the  sums 
with  which  their  respective  cities  and  towns  are  charged  as 
provided  in  section  one;  and  the  selectmen  or  assessors,  re- 
spectively, shall  return  a  certificate  of  the  names  of  the 
treasurers  of  their  several  cities  and  towns,  with  the  sum 


Acts,  1943.  —  Chap.  568.  773 

which  each  may  be  required  to  collect,  to  the  state  treasurer 
at  some  time  before  September  first  in  the  current  year. 

Section  4.  If  the  amount  due  from  any  city  or  town, 
as  provided  in  this  part,  is  not  paid  to  the  state  treasurer 
within  the  time  specified,  the  state  treasurer  shall  notify 
the  treasurer  of  such  delinquent  city  or  town,  who  shall  pay 
into  the  treasury  of  the  commonwealth,  in  addition  to  the 
tax,  such  further  sum  as  would  be  equal  to  one  per  cent  per 
month  during  the  delinquency  from  and  after  November 
twentieth  of  the  current  year;  and  if  the  same  remains 
unpaid  after  December  first  of  the  current  year,  an  informa- 
tion may  be  filed  by  the  state  treasurer  in  the  supreme  judi- 
cial court,  or  before  any  justice  thereof,  against  such  delin- 
quent city  or  town;  and  upon  notice  to  such  city  or  town, 
and  a  summary  hearing  thereon,  a  warrant  of  distress  may 
issue  against  such  city  or  town  to  enforce  the  payment  of 
said  taxes  under  such  penalties  as  the  court,  or  the  justice 
thereof  before  whom  the  hearing  is  had,  shall  order.  The 
state  treasurer  may  deduct  at  any  time  from  any  moneys 
which  may  be  due  from  the  commonwealth  to  any  city  or 
town  the  whole  or  any  part  of  the  tax  in  this  part  appor- 
tioned or  any  other  tax  or  charge  which  may  be  due  to  the 
commonwealth  from  such  city  or  town,  with  the  interest 
accrued  thereon. 

Part  II. 

Section  5.  There  shall  be  a  state  tax  for  the  year  nine- 
teen hundred  and  forty-four  amounting  in  the  aggregate  to 
twelve  million  one  hundred  thousand  dollars.  The  cities  and 
towns  in  the  commonwealth  shall  be  assessed  and  charged 
with,  and  shall  pay,  said  tax  in  the  proportions  established 
for  them,  respectively,  by  chapter  two  hundred  and  ninety- 
four  of  the  acts  of  nineteen  hundred  and  forty-three.  The 
comptroller  shall,  as  soon  as  may  be,  prepare  a  schedule  show- 
ing the  sum  with  which  each  city  and  town  is  charged  in  ac- 
cordance with  this  part  and  transmit  the  same  to  the  commis- 
sioner of  corporations  and  taxation,  who  shall  verify  the  sums 
appearing  in  such  schedule  and  as  soon  as  may  be  thereafter 
shall  certify  it  as  so  verified  to  the  state  treasurer.  A  copy  of 
the  schedule  as  so  verified  shall  be  kept  in  the  office  of  said 
commissioner  and  shall  be  open  to  public  inspection. 

Section  6.  Upon  receipt  by  the  state  treasurer  from  said 
commissioner  of  said  schedule  as  verified  and  certified  by 
him,  said  treasurer  shall  forthwith  send  his  warrants  to  the 
selectmen  or  assessors  of  each  city  and  town  taxed  as  afore- 
said, requiring  them  respectively  to  assess  in  the  manner 
provided  in  section  twenty-one  of  chapter  fifty-nine  of  the 
General  Laws,  as  most  recently  amended  by  section  two  of 
chapter  three  hundred  and  seventy-six  of  the  acts  of  nine- 
teen hundred  and  thirty-six,  the  sum  so  charged,  and  any 
other  taxes  or  charges  which  may  be  due  and  payable  to  the 
commonwealth  as  specifically  provided  by  law  or  as  certi- 
fied to  him  by  the  proper  state  board,  department  or  com- 


774  Acts,  1943. —  Chap.  568. 

mission,  and  to  add  the  amount  of  such  taxes  and  charges 
to  the  amount  of  city,  town  and  county  taxes  to  be  assessed 
by  them  respectively  on  each  city  and  town. 

Section  7.  The  state  treasurer  in  his  warrant  shall  re- 
quire the  selectmen  or  assessors  to  pay,  or  issue  severally 
their  warrant  or  warrants  requiring  the  treasurers  of  their 
several  cities  and  towns  to  pay,  to  the  state  treasurer,  in 
two  equal  instahnents,  on  or  before  June  twentieth  and  on 
or  before  November  twentieth,  in  the  year  nineteen  hun- 
dred and  forty-four,  the  sums  with  which  their  respective 
cities  and  towns  are  charged  as  provided  in  section  five;  and 
the  selectmen  or  assessors,  respectively,  shall  return  a  cer- 
tificate of  the  names  of  the  treasurers  of  their  several  cities 
and  towns,  with  the  sum  which  each  may  be  required  to 
collect,  to  the  state  treasurer  at  some  time  before  June  first 
in  the  year  nineteen  hundred  and  forty-four. 

Section  8.  If  the  amount  due  from  any  city  or  town,  as 
provided  in  this  part,  is  not  paid  to  the  state  treasurer 
within  the  time  specified,  the  state  treasurer  shall  notify 
the  treasurer  of  such  delinquent  city  or  town,  who  shall  pay 
into  the  treasury  of  the  commonwealth,  in  addition  to  the 
tax,  such  further  sum  as  would  be  equal  to  one  per  cent 
per  month  during  the  delinquency  from  and  after  June 
twentieth  of  the  year  nineteen  hundred  and  forty-four  in 
the  case  of  such  first  instahnent,  and  from  and  after  Novem- 
ber twentieth  of  the  year  nineteen  hundred  and  forty-four 
in  the  case  of  such  second  instalment;  and  if  such  first  in- 
stahnent remains  unpaid  after  July  first  in  the  year  nine- 
teen hundred  and  forty-four,  or  if  such  second  instalment 
remains  unpaid  after  December  first  in  the  year  nineteen 
hundred  and  forty-four,  an  information  may  be  filed  by  the 
state  treasurer  in  the  supreme  judicial  court,  or  before  any 
justice  thereof,  against  such  dehnquent  city  or  town;  and 
upon  notice  to  such  city  or  town,  and  a  summary  hearing 
thereon,  a  warrant  of  distress  may  issue  against  such  city 
or  town  to  enforce  the  payment  of  said  taxes  under  such 
penalties  as  the  court,  or  the  justice  thereof  before  whom  the 
hearing  is  had,  shall  order.  The  state  treasurer  may  deduct 
at  any  time  from  any  moneys  which  may  be  due  from  the 
commonwealth  to  any  city  or  town  the  whole  or  any  part 
of  the  tax  in  this  part  apportioned  or  any  other  tax  or  charge 
which  may  be  due  to  the  commonwealth  from  such  city  or 
town,  with  the  interest  accrued  thereon.    , 

Part  III. 

Section  9.  There  shall  be  a  state  tax  for  the  six  months' 
period  commencing  January  first  and  ending  June  thirtieth 
in  the  year  nineteen  hundred  and  forty-five  amounting  in 
the  aggregate  to  six  million  eight  hundred  thousand  dollars. 
The  cities  and  towns  in  the  commonwealth  shall  be  assessed 
and  charged  with,  and  shall  pay,  said  tax  in  the  proportions 
estabhshed  for  them,  respectively,  by  chapter  two  hundred 


Acts,  1943. —  Chap.  568.  775 

and  ninety-four  of  the  acts  of  nineteen  hundred  and  forty- 
three.  The  comptroller  shall,  as  soon  as  may  be,  prepare  a 
schedule  showing  the  sum  with  which  each  city  and  town 
is  charged  in  accordance  with  this  part  and  transmit  the 
same  to  the  commissioner  of  corporations  and  taxation,  who 
shall  verify  the  sums  appearing  in  such  schedule  and  as  soon 
as  may  be  thereafter  shall  certify  it  as  so  verified  to  the 
state  treasurer,  A  copy  of  the  schedule  as  so  verified  shall 
be  kept  in  the  office  of  said  commissioner  and  shall  be  open 
to  public  inspection. 

Section  10.  Upon  receipt  by  the  state  treasurer  from 
said  commissioner  of  said  schedule  as  verified  and  certified 
by  him,  said  treasurer  shall  forthwith  send  his  warrants  to 
the  selectmen  or  assessors  of  each  city  and  town  taxed  as 
aforesaid,  requiring  them  respectively  to  assess  in  the  man- 
ner provided  in  section  twenty-one  of  chapter  fifty-nine  of 
the  General  Laws,  as  most  recently  amended  by  section  two 
of  chapter  three  hundred  and  seventy-six  of  the  acts  of  nine- 
teen hundred  and  thirty-six,  the  sum  so  charged,  and  any 
other  taxes  or  charges  which  may  be  due  and  payable  to 
the  commonwealth  as  specifically  provided  by  law  or  as  cer- 
tified to  him  by  the  proper  state  board,  department  or  com- 
mission, and  to  add  the  amount  of  such  taxes  and  charges 
to  the  amount  of  city,  town  and  county  taxes  to  be  assessed 
by  them  respectively  on  each  city  and  town. 

Section  11.  The  state  treasurer  in  his  warrant  shall  re- 
quire the  selectmen  or  assessors  to  pay,  or  issue  severally 
their  warrant  or  warrants  requiring  the  treasurers  of  their 
several  cities  and  towns  to  pay,  to  the  state  treasurer,  on  or 
before  June  twentieth  in  the  year  nineteen  hundred  and 
forty-five,  the  sums  with  which  their  respective  cities  and 
towns  are  charged  as  provided  in  section  nine ;  and  the  select- 
men or  assessors,  respectively,  shall  return  a  certificate  of 
the  names  of  the  treasurers  of  their  several  cities  and  towns, 
with  the  sum  which  each  may  be  required  to  collect,  to  the 
state  treasurer  at  some  time  before  June  first  in  the  year 
nineteen  hundred  and  forty-five. 

Section  12.  If  the  amount  due  from  any  city  or  town, 
as  provided  in  this  part,  is  not  paid  to  the  state  treasurer 
within  the  time  specified,  the  state  treasurer  shall  notify  the 
treasurer  of  such  delinquent  city  or  town,  who  shall  pay  into 
the  treasury  of  the  commonwealth,  in  addition  to  the  tax, 
such  further  sum  as  would  be  equal  to  one  per  cent  per 
month  during  the  delinquency  from  and  after  June  twentieth 
of  the  year  nineteen  hundred  and  forty-five;  and  if  the  same 
remains  unpaid  after  July  first  of  the  year  nineteen  hundred 
and  forty-five,  an  information  may  be  filed  by  the^  state 
treasurer  in  the  supreme  judicial  court,  or  before  any  justice 
thereof,  against  such  delinquent  city  or  town;  and  upon 
notice  to  such  city  or  town,  and  a  summary  hearing  thereon, 
a  warrant  of  distress  may  issue  against  such  city  or  town 
to  enforce  the  payment  of  said  taxes  under  such  penalties 
as  the  court  or  the  justice  thereof  before  whom  the  hearing 


776 


Acts,  1943. —  Chap.  569. 


is  had,  shall  order.  The  state  treasurer  may  deduct  at  any 
time  from  any  moneys  which  may  be  due  from  the  com- 
monwealth to  any  city  or  town  the  whole  or  any  part  of 
the  tax  in  this  part  apportioned  or  any  other  tax  or  charge 
which  may  be  due  to  the  commonwealth  from  such  city  or 
town,  with  the  interest  accrued  thereon. 

Approved  June  12,  1943. 

Chap. 569  An  Act  providing  for  the  payment  in  each  of  the 

YEARS  nineteen  HUNDRED  AND  FORTY-FOUR  AND  NINE- 
TEEN HUNDRED  AND  FORTY-FIVE  BY  THE  COMMONWEALTH 
TO  ITS  MUNICIPALITIES  OF  A  PORTION  OF  THE  HIGHWAY 
FUND  TO  BE  EXPENDED  BY  THEM  FOR  LOCAL  HIGHWAY 
PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  paid,  without  further  appro- 
priation, from  the  Highway  Fund  to  the  cities  and  towns  of 
the  commonwealth  the  sum  of  seven  million  one  hundred 
thousand  dollars  as  early  as  may  be  in  the  year  nineteen 
hundred  and  forty-four,  and  the  sum  of  six  million  eight 
hundred  thousand  dollars  as  early  as  may  be  in  the  year 
nineteen  hundred  and  forty-five.  The  amounts  to  be  paid 
the  several  cities  and  towns  in  the  year  nineteen  hundred 
and  forty-four  and  in  the  year  nineteen  hundred  and  forty- 
five  shall  be  as  shown  in  the  following  schedule :  — 

BARNSTABLE  COUNTY. 


1944. 

1945. 

Barnstable        .... 

$34,888  83 

$33,655  83 

Bourne    . 

12,862  17 

12,406  17 

Brewster 

4,038  25 

3,936  25 

Chatham 

8,444  34 

8,114  34 

Dennis     . 

8,206  34 

7,993  34 

Eastham 

3,528  82 

3,459  82 

Falmouth 

28,231  98 

27,181  98 

Harwich 

12,044  08 

11,699  08 

Mashpee 

2,299  23 

2,254  23 

Orleans    . 

5,736  45 

5,529  45 

Provincetown 

5,935  42 

5,668  42 

Sandwich 

6,047  68 

5,912  68 

Truro 

3,058  66 

2,980  66 

Wellfleet 

3,828  30 

3,729  30 

Yarmouth 

9,034  90 

8.737  90 

Totals       .... 

$148,185  45 

$143,259  45 

BERKSHIRE   COUNTY. 

Adams     ..... 

$14,040  22 

$13,470  22 

Alford 

1,199  74 

1,184  74 

Becket     ..... 

3,779  33 

3,740  33 

Cheshire            .... 

3,289  02 

3,232  02 

Acts,  1943.  — Chap.  569. 

BERKSHIRE   COUNTY  —  Concluded. 


777 


1944. 

1945. 

Clarksburg       .... 

$1,539  28 

$1,497  28 

Dalton     . 

8,544  08 

8,199  08 

Egremont 

2,659  18 

2,611  18 

Florida    . 

3,578  82 

3,509  82 

Great  Barrington 

12,192  53 

11,757  53 

Hancock 

1,929  59 

1,905  59 

Hinsdale 

2,699  23 

2,654  23 

Lanesborough  . 

3,528  82 

3,459  82 

Lee 

7,445  62 

7,190  62 

Lenox 

7,025  98 

6,791  98 

Monterey 

3,339  28 

3,297  28 

Mount  Washington 

1,179  85 

1,170  85 

New  Ashford    . 

669  90 

663  90 

New  Marlborough 

5,688  76 

5,616  76 

North  Adams  . 

25,371  51 

24,294  51 

Otis 

2,709  43 

2,676  43 

Peru 

2,149  74 

2,134  74 

Pittsfield 

67,127  32 

64,058  32 

Richmond 

2,419  38 

2,383  38 

Sandisfield 

4,659  43 

4,626  43 

Savoy 

3,029  85 

3,020  85 

Sheffield  . 

5,568  61 

5,487  61 

Stockbridge 

6,696  14 

6,471  14 

Tyringham 

1,729  59 

1,705  59 

Washington 

2,729  85 

2,720  85 

West  Stockbridge 

3,178  82 

3,109  82 

Williamstown  . 

10,854  03 

10,506  03 

Windsor  . 

3,729  59 

3,705  59 

Totals 

• 

$226,282  52 

$218,854  52 

BRISTOL  COUNTY. 


Acushnet           .... 

$4,687  22 

$4,525  22 

Attleboro 

32,186  52 

30,818  52 

Berkley   . 

2,999  23 

2,954  23 

Dartmouth 

20,219  80 

■   19,625  80 

Dighton  . 
Easton     . 

5,597  17 
8,135  67 

5,432  17 
7,883  67 

Fairhaven 

13,270  58 

12,721  58 

Fall  River 

116,147  87 

110,780  87 

Freetown 

3,728  82 

3,659  82 

Mansfield 

10,743  31 

10,353  31 

New  Bedford    . 

122,673  85 

117,072  85 

North  Attleborough 

13,651  19 

13,138  19 

Norton    . 

5,187  99 

5,070  99 

Raynham 

4,048  46 

3,958  46 

Rehoboth 

8,267  58 

8,126  58 

Seekonk  . 

8,115  26 

7,839  26 

Somerset 

' 

14,658  82 

14,007  82 

Swansea  . 

7,536  19 

7,314  19 

Taunton 
Westport 

42,230  08 
11,455  31 

40,487  08 
11,182  31 

Totals 

$455,540  92 

$436,952  92 

778 


Acts,  1943. —  Chap.  569. 
county  of  dukes  county. 


1944. 

1946. 

Chilmark          .... 

$1,419  38 

$1,383  38 

Edgartown 

6,196  14 

5,971  14 

Gay  Head 

429  85 

420  85 

Gosnold  . 

1,298  97 

1,238  97 

Oak  Bluffs 
Tisbury  . 

6,596  14 
6,245  37 

6,371  14 
5,975  37 

West  Tisbury 

1,369  38 

1,333  38 

Totals        .... 

$23,555  23 

$22,694  23 

ESSEX   COUNTY. 

Amesbury         .... 

$12,123  15 

$11,724  15 

Andover 

23,334  55 

22,434  55 

Beverly   . 

41,807  61 

39,920  61 

Boxford  . 

3,789  02 

3,732  02 

Danvers  . 

Essex 

16,308  57 
2,488  76 

15,642  57 
2,416  76 

Georgetown 

3,608  40 

3,515  40 

Gloucester 

41,129  82 

39,371  82 

Groveland 

2,998  71 

2,923  71 

Hamilton 

7,125  47 

6,861  47 

Haverhill 

54,928  95 

52,537  95 

Ipswich   . 

10,223  92 

9,869  92 

Lawrence 

97,461  26 

92,874  26 

Lynn 

138,017  83 

131,483  83 

Lynnfield 

6,395  62 

6,140  62 

Manchester 

10,642  02 

10,177  02 

Marblehead 

23,491  67 

22,423  67 

Merrimac 

3,468  35 

3,372  35 

Methuen 

25,122  80 

24,120  80 

Middleton 

3,598  20 

3,493  20 

Nahant    . 

6,245  37 

5,975  37 

Newbury 

4,118  09 

4,007  09 

Newburyport 

14,629  75 

14,032  75 

North  Andover 

11,903  00 

11,495  00 

Peabody 

28,179  66 

26,994  66 

Rockport 

6,735  16 

6,453  16 

Rowley    . 

3,108  66 

3,030  66 

Salem 

58,422  77 

55,671  77 

SaUsbury 

• 

4,287  48 

4,140  48 

Saugus     . 

16,917  23 

16,173  23 

Swampscott 

24,650  33 

23,504  33 

Topsfield 

4,707  63 

4,569  63 

Wenham 

4,726  76 

4,537  76 

West  Newbury 

3,228  82 

3,159  82 

Totals       .... 

$719,925  39 

$688,782  39 

FRANKLIN  COUNTY. 

Ashfield  ..... 

$5,198  97 

$5,138  97 

Bernardston     .... 

2,899  23 

2,854  23 

Buckland          .... 

5,067  58 

4,926  58 

Acts,  1943.  —  Chap.  569. 

FRANKLIN   COUNTY  —  Concluded. 


779 


1944. 

1945. 

Charlemont      .... 

$3,349  23 

$3,304  23 

Colrain    . 

5,808  66 

5,730  66 

Conway 

4,559  18 

4,511  18 

Deerfield 

7,766  55 

7,565  55 

Erving 

3,178  04 

3,064  04 

Gill 

2,659  18 

2,611  18 

Greenfiek 

1 

32,685  23 

31,242  23 

Hawley 

2,689  79 

2,677  79 

Heath 

3,009  69 

2,991  69 

Leverett 

2,379  59 

2,355  59 

Leyden 

2,249  74 

2,234  74 

Monroe 

1,859  18 

1,811  18 

Montague 

16,931  55 

16,439  55 

New  Salem 

3,649  74 

3,634  74 

Northfield 

5,158  40 

5,065  40 

Orange    . 

8,396  14 

8,171  14 

Rowe 

2,659  43 

2,626  43 

Shelburne 

5,687  22 

5,525  22 

Shutesbury 

2,159  69 

2,141  69 

Sunderland 

2,898  97 

2,838  97 

Warwick 

3,159  69 

3,141  69 

WendeU  . 

2,699  74 

2,684  74 

Whately 

3,258  92 

3,195  92 

Total 

3 

• 

$142,019  33 

$138,485  33 

HAMPDEN   COUNTY. 


Agawam           .... 

$11,922  12 

$11,463  12 

Blandford 

4,539  28 

4,497  28 

Brimfield 

4,019  12 

3,968  12 

Chester   . 

4,718  87 

4,652  87 

Chicopee 

44,445  86 

42,456  86 

East  Longmeadow 

6,666  03 

6,435  03 

Granville 

5,508  40 

5,415  40 

Hampden 

2,659  18 

2,611  18 

HoUand  . 

1,839  79 

1,827  79 

Holyoke  . 

83,672  33 

79,730  33 

Longmeadow    . 

18,855  73 

18,024  73 

Ludlow    . 

12,223  15 

11,824  15 

Monson  . 

8,607  12 

8,439  12 

Montgomery    . 

1,699  74 

1,684  74 

Palmer    . 

16,153  00 

15,745  00 

Russell     . 

4,926  60 

4,722  50 

Southwick 

4,538  25 

4,436  25 

Springfield 

260,936  53 

248,501  53 

Tolland   . 
Wales 

2,419  64 
1,609  69 

2,398  64 
1,591  69 

West  Springfield 
Westfield 

29,108  47 
26,752  13 

27,854  47 
25,711  13 

Wilbraham 

5,317  32 

5,161  32 

Totals 

$563,138  25 

$539,153  25 

780 


Acts,  1943. —  Chap.  569. 
hampshire  county. 


' 

1944. 

1945. 

Amherst            .... 

$13,721  61 

$13,232  61 

Belchertown 

6,608  66 

6,530  66 

Chesterfield 

3,489  54 

3,462  54 

Cummington 

2,989  54 

2,962  54 

Easthampton 

13,260  88 

12,729  88 

Goshen    . 

1,809  69 

1,791  69 

Granby    . 

3,359  18 

3,311  18 

Hadley    . 

5,657  63 

5,519  63 

Hatfield  . 

5,107  63 

4,969  63 

Huntington 

3,019  12 

2,968  12 

Middlefield 

2,349  74 

2,334  74 

Northampton 

33,316  88 

31,969  88 

Pelham    . 

1,659  43 

1,626  43 

Plainfield 

2,749  74 

2,734  74 

South  Hadley 

11,712  43 

11,271  43 

Southampton 

3,939  02 

3,882  02 

Ware 

10,224  44 

9,900  44 

Westhampton 

2,659  69 

2,641  69 

Williamsburg 

3,478  82 

3,409  82 

Worthington 

4,119  38 

4,083  38 

Totals 

$135,233  05 

$131,333  05 

MIDDLESEX   COUNTY. 


Acton       ..... 

$6,906  60 

$6,708  60 

Arlington 

57,523  03 

54,787  03 

Ashby 

3,998  97 

3,938  97 

Ashland  . 

4,597  68 

4,462  68 

Ayer 

5,416  81 

5,230  81 

Bedford  . 

4,557  63 

4,419  63 

Belmont 

52,237  62 

49,768  62 

BiUerica  . 

12,642  53 

12,207  53 

Boxborough 

1,509  69 

1,491  69 

Burlington 

4,287  99 

4,170  99 

Cambridge 

172,886  42 

164,522  42 

Carlisle    . 

3,239  02 

3,182  02 

Chelmsford 

13,993  56 

13,618  56 

Concord  . 

15,009  85 

14,418  85 

Dracut    . 

7,896  14 

7,671  14 

Dunstable 

2,269  64 

2,248  64 

Everett    . 

74,558  35 

70,967  35 

Framingham 

39,350  75 

37,646  75 

Groton    . 

8,146  14 

7,921  14 

Holliston 

6,156  86 

5,973  86 

Hopkinton 

6,647  17 

6,482  17 

Hudson   . 

9,604  03 

9,256  03 

Lexington 

25,290  64 

24,162  64 

Lincoln    . 

6,086  45 

5,879  45 

Littleton 

4,977  53 

4,833  53 

Lowell 

103,247  96 

98,468  96 

Maiden    . 

73,420  36 

69,946  36 

Marlborough 

19,496  82 

18,728  82 

Maynard 

8,723  92 

8,369  92 

Medford 

• 

81,653  20 

77,762  20 

Acts,  1943.  —  Chap.  569. 

MIDDLESEX   COUNTY  —  Concluded. 


781 


1944. 

1945. 

Melrose  ..... 

$41,177  50 

$39,284  50 

Natick     . 

23,963  11 

22,979  11 

Newton  . 

164,826  82 

157,068  82 

North  Reading 

4,207  89 

4,084  89 

Pepperell 

6,327  53 

6,183  53 

Reading  . 

20,335  32 

19,480  32 

Sherborn 

4,907  63 

4,769  63 

Shirley     . 

4,578  04 

4.464  04 

Somerville 

107,761  16 

102,586  16 

Stoneham 

17,387  64 

16,667  64 

Stow 

3,468  87 

3,402  87 

Sudbury 

6,607  12 

6,439  12 

Tewksbury 

7,486  19 

7,264  19 

Townsend 

5,887  99 

5,770  99 

Tyngsborough 

3,428  82 

3,359  82 

Wakefield 

23,612  08 

22,568  08 

Waltham 

56,894  73 

54,257  73 

Watertown 

54,026  12 

51,470  12 

Wayland 

7,915  26 

7,639  26 

Westford 

8,616  29 

8,400  29 

Weston    . 

12,890  99 

12,365  99 

Wilmington 

6,546  40 

6,336  40 

Winchester 

34,472  45 

32,867  45 

Woburn  . 

24,192  18 

23,154  18 

Totals        .... 

$1,487,851  49 

$1,422,112  49 

NANTUCI^T  COUNTY. 

Nantucket        .... 

$16,799  91 

$16,211  91 

Totals       .... 

$16,799  91 

$16,211  91 

NORFOLK  COUNTY. 

Avon       ..... 

$2,758  40 

$2,665  40 

Bellingham 

5,087  73 

4,955  73 

Braintree 

29,547  24 

28,221  24 

Brookline 

144,639  44 

137,616  44 

Canton    . 

10,732  58 

10,300  58 

Cohasset 

10,861  91 

10,390  91 

Dedham 

27,718  68 

26,476  68 

Dover 

6,785  42 

6,518  42 

Foxborough 

8,515  00 

8,224  00 

Franklin 

13,652  48 

13,214  48 

Holbrook 

4,557  12 

4,389  12 

Medfield 

4,867  58 

4,726  58 

Medway 

5,427  27 

5,268  27 

MilUs       . 

5,097  43 

4,947  43 

Milton 

40,997  14 

39,083  14 

Needham 

27,798  52 

26,547  52 

Norfolk   . 

3,598  71 

3,523  71 

Norwood           .... 

28.727  60 

27,422  60 

782 


Plainville 

Quincy     . 

Randolph 

Sharon     . 

Stoughton 

Walpole  . 

Wellesley 

Westwood 

Weymouth 

Wrentham 

Totals, 


Acts,  1943.  —  Chap.  569. 

NORFOLK   COUNTY  —  Concluded. 


1944. 


$3,278  56 
128,645  46 

8,584  13 

9,005  06 
11,252  48 
19,715  68 
44,814  47 

9,293  82 
52,898  08 

5,986  70 


$674,844  69 


1945. 


$3,194  56 
122,555  46 

8,242  13 

8,717  06 
10,814  48 
18,881  68 
42,744  47 

8,933  82 
50,456  08 

5,794  70 


$644,826  69 


PLYMOUTH   COUNTY. 


Abington          .         ... 

$7,065  52 

$6,804  52 

Bridgewater     . 

9,534  64 

9,222  64 

Brockton 

75,411  44 

72,000  44 

Carver     . 

5,947  68 

5,812  68 

Duxbury 

10,643  82 

10,283  82 

East  Bridgewater 

7,075  98 

6,841  98 

HaUfax    . 

3,078  82 

3,009  82 

Hanover 

6,376  24 

6,157  24 

Hanson   . 

4,487  73 

4,355  73 

Hingham 

19,306  25 

18,505  25 

HuU 

17,547  07 

16,794  07 

Kingston 

6,286  19 

6,064  19 

Lakeville 

3,708  66 

3,630  66 

Marion    . 

6,125  73 

5,876  73 

Marshfield 

11,663  46 

11,282  46 

Mattapoisett    . 

5,046  91 

4,866  91 

Middleborough 

15,842  28 

15,392  28 

Norwell  . 

4,687  99 

4,570  99 

Pembroke 

5,137  73 

5,005  73 

Plymouth 

29,860  79 

28,741  79 

Plympton 

2,269  38 

2,233  38 

Rochester 

3,938  76 

3,866  76 

Rockland 

10,732  68 

10,300  58 

Scituate  . 

15,729  49 

15,117  49 

Wareham 

18,048  36 

17,370  36 

West  Bridgewater 

5,417  06 

5,246  06 

Whitman 

9,773  15 

9,374  15 

Totals 

• 

$320,743  71 

$308,728  71 

SUFFOLK  COUNTY. 


Boston  . 
Chelsea  . 
Revere  . 
Winthrop 

Totals 


$1,295,347  74 
44,403  74 
39,268  33 
24,590  12 


$1,403,609  93 


$1,232,308  74 
42,291  74 
37,423  33 
23,432  12 


$1,335,455  93 


Acts,  1943.  — Chap.  569. 
worcester  county. 


783 


1944. 

1946. 

Ashburnham    .... 

$5,488  51 

$5,401  51 

Athol       . 

17,698  88 

17,050  88 

Auburn    . 

10,134  13 

9,792  13 

Barre 

8,317  58 

8,176  58 

Berlin 

3,089  02 

3,032  02 

Blackstone 

4,137  99 

4,020  99 

Bolton     . 

3,729  07 

3,675  07 

Boylston 

2,899  23 

2,854  23 

Brookfield 

3,128  82 

3,059  82 

Charlton 

7,538  25 

7,436  25 

Clinton    . 

13,230  52 

12,678  52 

Douglas  . 

5,837  99 

5,720  99 

Dudley    . 

6,806  86 

6,623  86 

East  Brookfield 
Fitchburg 

1,969  12 
56,667  72 

1,918  12 
54,204  72 

Gardner  . 

25,291  41 

24,208  41 

Grafton  . 

7,996  14 

7,771  14 

Hardwick 

5,758  66 

5,680  66 

Harvard 

5,137  99 

5,020  99 

Holden    . 

7,506  86 

7,323  86 

Hopedale 
Huobardston 

7,494  34 

7,164  34 

4,529  33 

4,490  33 

Lancaster 

5,487  99 

5,370  99 

Leicester 

6,597  17 

6,432  17 

Leominster 

30,048  78 

28,812  78 

Lunenburg 

5,637  99 

5,520  99 

Mendon  . 

3,238  76 

3,166  76 

Milford    . 

18,216  97 

17,457  97 

Millbury 

8,524  70 

8,215  70 

Millville  . 

1,809  18 

1,761  18 

New  Braintree 

3,049  49 

3,019  49 

North  Brookfield 

5,977  79 

5,848  79 

Northborough 

4,508  15 

4,400  15 

Northbridge     . 

12,391  25 

11,881  25 

Oakham  . 

2,669  64 

2,648  64 

Oxford     . 

6,477  27 

6,318  27 

Paxton    . 

2,469  12 

2,418  12 

Petersham 

4,718  87 

4,652  87 

Phillipston 

2,409  69 

2,391  69 

Princeton 

4,848  97 

4,788  97 

Royalston 

4,069  38 

4,033  38 

Rutland  . 

4,778  82 

4,709  82 

Shrewsbury 

12,601  71 

12,118  71 

Southborough 

5,597  17 

5,432  17 

Southbridge 

18,587  13 

17,837  13 

Spencer   . 

9,606  09 

9,378  09 

Sterhng   . 

5,638  25 

5,536  25 

Sturbridge 

5,418  35 

5,322  35 

Sutton     . 

6,238  25 

6,136  25 

Templeton 

6,267  32 

6,111  32 

Upton 

4,498  71 

4,423  71 

Uxbridge 

12,333  36 

11,946  36 

Warren    . 

5,817  84 

5,691  84 

Webster  . 

12,940  47 

12,385  47 

West  Boylston 

4,477  79 

4,348  79 

West  Brookfield 

4,088  76 

4,016  76 

Westborough    . 

7,536  19 

7,314  19 

Acts,  1943.  —  Chap.  569. 

WORCESTER   COUNTY  —  Concluded. 


1944. 

1945. 

Westminster     .... 
Winchendon     .... 
Worcester         .          .          . 

$5,758  40 

11,225  47 

291,320  47 

$5,665  40 

10,961  47 

277,367  47 

Totals        .... 

$782,270  13 

$753,149  13 

RECAPITULATION. 


Barnstable        .... 

$148,185  45 

$143,259  45 

Berkshire 

226,282  52 

218,854  52 

Bristol 

455,540  92 

436,952  92 

Dukes 
Essex 

23,555  23 
719,925  39 

22.694  23 
688,782  39 

Franklin* 

142,019  33 

138,485  33 

Hampden 

563,138  25 

539,153  25 

Hampshire 

135,233  05 

131,333  05 

Middlesex 

1,487,851  49 

1,422,112  49 

Nantucket 

16,799  91 

16,211  91 

Norfolk   . 

674,844  69 

644,826  69 

Plymouth 

320,743  71 

308,728  71 

Suffolk     . 

1,403,609  93 

1,335,455  93 

Worcester 

782,270  13 

753,149  13 

Totals 

$7,100,000  00 

$6,800,000  00 

Section  2.  The  sums  received  by  each  city  or  town  here- 
under shall  be  expended  only  for  local  highway  purposes, 
including  construction,  reconstruction,  maintenance  and  re- 
pair of  local  roads,  streets  and  highways  other  than  state 
highways,  and  surface  drainage  works,  sidewalks,  curbings 
and  bridges,  removal  of  snow,  installation  and  maintenance 
of  traffic  lights,  signs  and  signals  and  traffic  policing.  Cities 
and  towns  in  the  metropolitan  parks  district  may  apply,  to 
the  extent  deemed  necessary,  sums  received  hereunder  to 
the  payment  of  their  respective  assessments  in  the  year  of 
receipt  for  the  construction  and  maintenance  of  parkways 
and  boulevards  under  the  jurisdiction  of  the  metropolitan 
district  commission.  Said  sums  received  by  each  city  or 
town  hereunder  shall,  in  the  year  of  receipt,  be  included  by 
the  assessors  thereof  as  an  estimated  receipt  and  deducted 
from  the  amount  required  to  be  raised  by  taxation  to  meet 
appropriations  made  in  that  year  for  highway  purposes 
Said  sums  may  be  expended  by  a  city  or  town  for  the  pur- 
poses aforesaid  in  addition  to  federal  funds,  if  any,  allocated 
to  such  city  or  town  and  available  for  such  expenditure. 

Section  3.  If  the  state  comptroller,  prior  to  the  making 
of  payments  to  the  several  cities  and  towns  under  this  act 
in  the  year  nineteen  hundred  and  forty-four  or  in  the  year 
nineteen  hundred  and  forty-five  certifies  to  the  governor  and 


Acts,  1943.  —  Chaps.  570,  571.  785 

council  that  the  aggregate  amount  of  the  Highway  Fund 
available  for  such  payments  in  such  year  is  less  than  the 
aggregate  amount  expressly  provided  to  be  paid  in  such  year 
under  section  one,  the  governor  and  council  shall  determine 
the  aggregate  amount  of  such  fund  which  will  be  available 
for  such  payments  in  such  year.  If  the  aggregate  amount 
available  for  such  payments  in  such  year,  as  so  determined, 
is  less  than  the  aggregate  amount  expressly  provided  to  be 
paid  in  such  year  under  section  one,  the  aggregate  amount 
as  so  determined  shall  be  paid  to  such  cities  and  towns  in 
proportion  to  the  respective  amounts  expressly  provided  to 
be  paid  under  section  one  in  such  year,  notwithstanding  the 
provisions  of  section  one.  Approved  June  12,  1943. 


An  Act  relative  to  the  terms  of  certain  notes  to  be  Qfid^  570 

ISSUED   BY   THE    COMMONWEALTH.  ^' 

Whereas,    The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  one  of  its  principal  purposes,  which  is  to  provide  "^"""^^ 
immediately  necessary  municipal  funds  in  the  present  emer- 
gency, 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: 

Notwithstanding  any  provision  of  law  to  the  contrary,  the 
notes  which  the  state  treasurer  is  authorized  to  issue  under 
section  five  of  chapter  forty-nine  of  the  acts  of  nineteen  hun- 
dred and  thirty-three,  as  most  recently  amended  by  section 
two  of  chapter  four  hundred  and  thirteen  of  the  acts  of  the 
current  year,  shall  be  issued  for  maximum  terms  of  years 
to  expire  not  later  than  November  thirtieth,  nineteen  hun- 
dred and  forty-nine,  as  recommended  by  the  governor  in 
a  message  to  the  general  court  dated  June  twelfth,  nine- 
teen hundred  'and  forty-three,  in  pursuance  of  section  3  of 
Article  LXII  of  the  amendments  to  the  constitution  of  the 
commonwealth.  Approved  June  12,  194S. 


An  Act  authorizing  the  trustees  of  the  boston  school  Chav. 571 
OF  pharmacy  to  grant  the  degree  of  bachelor  of 

SCIENCE   IN   PHARMACY. 

Be  it  enacted,  etc.,  as  follows: 

The  trustees  of  The  Boston  School  of  Pharmacy,  a  corpo- 
ration organized  under  chapter  one  hundred  and  eighty  of 
the  General  Laws,  are  hereby  authorized  to  confer  the  de- 
gree of  Bachelor  of  Science  in  Pharmacy,  if  and  when  said 
school  complies  with  the  requirements  of  the  board  of  col- 
legiate authority  established  by  chapter  five  hundred  and 
forty-nine  of  the  acts  of  nineteen  hundred  and  forty-three. 

Approved  June  12,  1943. 


786  Acts,  1943.  —  Chap.  572. 


Chap.  572  An  Act  in  addition  to  the  general  appropriation  act 

MAKING  APPROPRIATIONS  TO  SUPPLEMENT  CERTAIN  ITEMS 
contained  THEREIN,  AND  FOR  CERTAIN  NEW  ACTIVITIES 
AND   PROJECTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  supplementing  certain  items 
in  the  general  appropriation  act,  and  for  certain  new  activi- 
ties and  projects,  the  sums  set  forth  in  section  two,  for  the 
particular  purposes  and  subject  to  the  conditions  stated 
therein,  are  hereby  appropriated  from  the.  general  fund  or 
ordinary  revenue  of  the  commonwealth,  unless  some  other 
source  of  revenue  is  expressed,  subject  to  the  provisions  of 
law  regulating  the  disbursement  of  public  funds  and  the 
approval  thereof,  for  the  fiscal  year  ending  June  thirtieth, 
nineteen  hundred  and  forty-four,  and  for  the  fiscal  year  end- 
ing June  thirtieth,  nineteen  hundred  and  forty-five,  or  for 
such  other  period  as  may  be  specified. 

Section  2. 

Appropriation     Appropriation 
Fiscal  Year  J"iscal  Year 

Item  1944.  1945. 

Service  of  the  Legislative  Department. 

0101-01  For  the  compensation  of  senators,  to 
be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose $14,400  00 

0101-03  For  the  compensation  of  representa- 
tives, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  86,400  00 

0101-05  For  the  salaries  of  the  clerk  of  the 
senate  and  the  clerk  of  the  house 
of  representatives,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose        .  2,000  00  $2,000  00 

0101-06  For  the  salaries  of  the  assistant 
clerk  of  the  senate  and  the  assist- 
ant clerk  of  the  house  of  repre- 
sentatives, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  1,250  00  1,250  00 

0101-07  For  such  additional  clerical  as- 
sistance to,  and  with  the  ap- 
proval of,  the  clerk  of  the  senate, 
as  may  be  necessary  for  the 
proper  despatch  of  public  busi- 
ness, including  not  more  than  one 
permanent  position,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose        .  700  00  700  00 

0101-08  For  such  additional  clerical  assist- 
ance to,  and  with  the  approval  of, 
the  clerk  of  the  house  of  repre- 
sentatives, as  may  be  necessary 
for  the  proper  despatch  of  pubhc 
business,  including  not  more  than 
three  permanent  positions,  to  be 
in  addition  to  any  amount  here- 


Acts,  1943.  —  Chap.  572. 


787 


Item 


0101-21 


0102-11 


0102-17 


0102-19 


0102-20 


0102-22 


tofore  appropriated  for  the  pur- 
pose ..... 

For  clerical  and  other  assistance  of 
the  house  committee  on  rules,  in- 
cluding not  more  than  four  per- 
manent positions  in  the  year  nine- 
teen hundred  and  forty-four  and 
three  permanent  positions  in  the 
year  nineteen  hundred  and  forty- 
five,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose 

For  contingent  expenses  of  the  sen- 
ate and  house  of  representatives, 
and  necessary  expenses  in  and 
about  the  state  house,  with  the 
approval  of  the  sergeant-at-arms, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose     ..... 

For  office  and  other  expenses  of  the 
joint  recess  committee  on  ways 
and  means,  including  travel 

For  expenses  of  the  committees  of 
the  senate  and  house  for  the  pur- 
pose of  representing  the  senate 
and  house  in  the  Evacuation  Day 
parade  at  South  Boston  in  the 
year  nineteen  hundred  and  forty- 
four,  as  authorized  by  a  joint 
order  of  the  general  coiu-t;  pro- 
vided, that  not  more  than  one 
hundred  dollars  shall  be  allowed 
for  each  of  said  committees 

For  expenses  of  the  committees  of 
the  senate  and  house  for  the  pur- 
pose of  representing  the  senate 
and  house  at  the  celebration  to 
be  held  in  Charlestown  on  June 
seventeenth,  nineteen  hundred 
and  forty-four,  as  authorized  by 
a  joint  order  of  the  general  court; 
provided,  that  not  more  than  one 
hundred  dollars  shall  be  allowed 
for  each  of  said  committees 

For  expenses  of  the  committees  of 
the  senate  and  house  for  the  pur- 
pose of  representing  the  senate 
and  house  in  the  Dorchester  Day 
parade  at  Dorchester  on  the  first 
Saturday  in  June,  nineteen  hun- 
dred and  forty-four,  as  authorized 
by  a  joint  order  of  the  general 
court;  provided,  that  not  more 
than  one  hundred  dollars  shall  be 
allowed  for  each  of  said  commit- 
tees ..... 


Appropriation 

Fiscal  Year 

1944. 


$500  00 


Appropriation 

Fiscal  Year 

1945. 


$500  00 


1,760  00 


1,760  00 


250  00 


500  00 


500  00 


200  00 


200  00 


200  00 


0302-02 


Service  of  the  Judicial  Department. 

Superior  Coxu-t,  as  follows: 
For   traveling   allowances   and   ex- 
penses, to  be  in  addition  to  any 


788 


Acts,  1943.  — Chap.  572. 


Item 


0306-13 


amount   heretofore   appropriated 
for  the  purpose 

For  clerical  assistance  to  Regis- 
ters of  the  several  counties,  as 
follows: 
Worcester,  including  not  more  than 
twelve    permanent    positions,    to 
be   in   addition   to   any    amount 
heretofore   appropriated   for   the 
purpose     ..... 


Appropriation 

Fiscal  Year 

1944. 


$2,000  00 


Appropriation 

Fiscal  Year 

1945. 


$2,000  00 


400  00 


400  00 


Service  of  the  Land  Court. 

0308-02  For  engineering,  clerical  and  other 
personal  services,  including  not 
more  than  twenty-four  perma- 
nent positions,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose  . 


2,200  00 


2,560  00 


Service  of  the  State  Quartermaster. 

0405-02  For  the  salaries  of  armorers  and  as- 
sistant armorers  of  armories  of 
the  first  class,  superintendent  of 
armories,    and   other   employees,  , 

including  not  more  than  eighty- 
two  permanent  positions,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  600     00 

0417-01  For  personal  services,  including  not 
more  than  forty-five  permanent 
positions,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  240  00 


600    00 


400  00 


Service  of  the  Treasurer  and  Receiver-General. 

State  Board  of  Retirement: 
0604-04  To  meet  deficits  in  the  annuity  re- 
serve fund  of  the  state  employees' 
retirement  system  up  to  and 
including  December  thirty-first, 
nineteen  hundred  and  forty-two, 
and  to  restore  to  the  surplus  inter- 
est account  the  amounts  which 
the  state  board  of  retirement  has 
previously  been  authorized  and 
directed  by  the  general  court  to 
transfer  from  said  surplus  interest 
account  to  meet  deficits  in  said 
annuity  fund  .  .  .  36,358  23 


74,671  31 


Service  of  the  Auditor  of  the  Commonwealth. 

07X)l-02  For  personal  services  of  deputies 
and  other  assistants,  including 
not  more  than  twenty-five  per- 
manent positions,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose        .  2,500  00 

0701-03  For  services  other  than  personal, 
traveling  expenses,  ofiSce  supplies 


2,500  00 


Acts,  1943.  — Chap.  572.  789 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

and  equipment,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose        .  .  $2,200  00  $2,200  00 

Service  of  the  Attorney  General's  Department. 

0801-02  For  the  compensation  of  assistants 
in  his  office,  and  for  such  other 
legal  and  personal  services  as  may 
be  required,  including  not  more 
than  thirty-six  permanent  posi- 
tions, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  10,000  00  10,000  00 

Service  of  the  Department  of  Agriculture. 

Milk  Control  Board: 

0906  01  For  personal  services  of  members  of 
the  board  and  their  employees, 
including  not  more  than  fifty- 
three  permanent  positions,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  480  00  480  00 

0906  03  For  expenses  in  connection  with  cer- 
tain activities  conducted  in  co- 
operation with  the  federal  gov- 
ernment, as  authorized  by  section 
twenty-three  of  chapter  ninety- 
four  A  of  the  General  Laws,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  2,500  00  2,500  00 

Service  of  the  Department  of  Conservation. 

Super%nsion  of  public  fishing  and 
hunting  grounds: 
1004-46  For  the  cost  of  construction  and 
improvement  of  certain  fishways, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose 1,500  00  1,500  00 

Division    of   Wild    Life   Research 

and  Management:  ' 

1004  51  For  personal  ser\-ices,  including  not 
more  than  three  permanent  posi- 
tions, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  ,  2.000  00  2,000  00 

Service  of  the  Department  of  Banking  and  Insurance. 

Division  of  Insurance: 
1103-02  For  other  personal  services  of  the 
division,  including  expenses  of  the 
board  of  appeal  and  certain  other 
costs  of  supervising  motor  vehicle 
liability  insurance,  and  including 
not  more  than  one  hundred  and 
fifty-nine  permanent  positions, 
partly  chargeable  to  item  2070-02, 
to  be  in  addition  to  any  amount 


790  Acts,  1943.  —  Chap.  572. 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

heretofore    appropriated   for   the 

purpose $16,460  00        $16,460  00 

1103-03  For  other  services,  including  print- 
ing the  annual  report,  traveling 

expenses,  necessary  office  supplies 

and  equipment  and  rent  of  offices, 

to  be  in  addition  to  any  amount 

heretofore   appropriated   for   the 

purpose 5,000  00  5,000  00 

The    unexpended    balance    of    the 

appropriations     made     by    item 

2970-08  of  chapter  seven  hundred 

and  thirty  of  the  acts  of  nineteen 

hundred  and  forty-one  is  hereby 

reappropriated. 

Service  of  the  Department  of  Education. 

Teachers'  Retirement  Board: 

1305-07  To  meet  deficits  in  the  annuity  re- 
serve fund  of  the  teachers'  retire- 
ment fund  up  to  and  including 
December  thirty-first,  nineteen 
hundred  and  forty-two,  and  to 
restore  to  the  surplus  interest  ac- 
count the  amounts  which  the 
teachers'  retirement  board  has 
heretofore  been  authorized  and 
directed  by  the  general  court  to 
transfer  from  said  surplus  interest 
account  to  meet  deficits  in  said 

annuity  fund,  the  sum  of  thirty-  , 

three  thousand  five  hundred 
sixty-eight  dollars  and  twenty- 
nine  cents  is  appropriated  for  the 
year  nineteen  hundred  and  forty- 
four,  and  the  sum  of  one  hundred 
thousand  dollars  is  appropriated 
for  the  year  nineteen  hundred  and 
forty -five;  and  the  sums  of  one 
hundred  thousand  dollars  for  the 
year  nineteen  hundred  and  forty- 
four  and  one  hundred  thousand  ,  • 
dollars  for  the  year  nineteen  hun- 
dred and  forty-five  are  hereby 
transferred  to  this  item  from  the 
appropriations  made  by  item 
1305-05  of  chapter  three  hun- 
dred and  seventy  of  the  acts  of 
the  current  year         .          .          .          33,568  29        100,000  00 

1313-33  For  the  cost  of  repairs  of  certain 
ceilings  at  the  state  teachers'  col- 
lege at  Salem     ....  2,375  00 

Textile  Schools:  ' 

1331-00  For  the  maintenance  of  the  Brad- 
ford Durfee  textile  school  of  Fall 
River,  with  the  approval  of  the 
commissioner  of  education  and 
the  trustees,  including  not  more 
than  twenty-one  permanent  posi- 
tions, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  2,500  00 


Acts,  1943.  — Chap.  572.  791 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

Service  of  the  Department  of  Civil  Service  and  Reoist ration. 

Division  of  Registration: 
1403-02  For  clerical  and  certain  other  per- 
sonal services  of  the  division,  in- 
cluding not  more  than  thirty-eight 
permanent  positions,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose       .  $640  00  $480  00 

Service  of  the  Department  of  Labor  and  Industries. 

1601-11  For  personal  services  for  the  inspec- 
tional  service,  including  not  more 
than  sixty-nine  permanent  posi- 
tions, and  for  traveling  expenses 
of  the  commissioner,  assistant 
commissioner,  associate  commis- 
sioners and  inspectors  of  labor, 
and  for  services  other  than  per- 
sonal, printing  the  annual  report, 
rent  of  district  offices,  and  office 
supplies  and  equipment  for  the 
inspectional  service,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose        .  920  00  1,100  00 


Service  of  the  Department  of  Mental  Health. 

Division  of  Mental  Hygiene: 
1702-00  For  expenses,  including  not  more 
than  sixty-one  permanent  posi- 
tions, of  investigating  the  nature, 
causes  and  results  of  mental  dis- 
eases and  defects  and  the  publi- 
cation of  the  results  thereof,  and 
of  what  further  preventive  or 
other  measures  might  be  taken 
and  what  further  expenditures 
for  investigation  might  be  made 
which  would  give  promise  of  de- 
creasing the  number  of  persons 
afflicted  with  mental  diseases  or 
defects,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  12,620  00  10,620  00 


Service  of  the  Department  of  Public  Works. 

Item  2202-11  of  chapter  three  hun- 
dred and  seventy  of  the  acts 
of  the  present  year  is  hereby 
amended  by  adding  at  the  end 
thereof  the  following:  —  ",  to  be 
available  until  July  first,  nine- 
teen hundred  and  forty-five." 

The  unexpended  balance  of  the  ap- 
propriation made  by  item  638  of 
section  2  of  chapter  two  hundred 
and  forty-five  of  the  acts  of  nine- 
teen hundred  and  thirty-one,  as 


792 


Acts,  1943,  —  Chap.  572. 


Item 


most  recently  reappropriated  by 
chapter  four  hundred  and  nine- 
teen of  the  acts  of  nineteen  hun- 
dred and  forty-one,  for  certain 
work  in  the  Taunton  river  author- 
ized by  chapter  four  hundred  and 
five  of  the  acts  of  nineteen  hun- 
dred and  thirty,  is  hereby  again 
reappropriated. 
The  appropriation  made  by  item 
624a  of  section  2  of  chapter  five 
hundred  and  eighteen  of  the  acts 
of  nineteen  hundred  and  thirty- 
nine,  as  most  recently  reappropri- 
ated by  chapter  four  hundred  and 
nineteen  of  the  acts  of  nineteen 
hundred  and  forty-one,  for  cer- 
tain improvements  in  Menemsha 
Creek  in  the  towns  of  Chilmark 
and  Gay  Head  as  authorized  by 
and  subject  to  the  conditions  of 
chapter  seventy  of  the  resolves  of 
nineteen  hundred  and  thirty-nine, 
is  hereby  again  reappropriated. 


Appropriation 

Fiscal  Year 

1944. 


Appropriation 

Fiscal  Year 

1945. 


Service  of  the  Department  of  Public  Utilities. 

2301-06  For  traveling  expenses  of  the  com- 
missioners and  employees,  to  be 
in  addition  to  any  amount  here- 
tofore appropriated  for  the  pur- 
pose ...  .      .  $1,000  00 

2301-07  For  other  services,  including  print- 
ing the  annual  report  and  neces- 
sary office  supplies  and  equip- 
ment, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  500  00 


$1,000  00 


Commercial  Motor  Vehicle  Di- 
vision: 

2304-01  For  personal  services  of  the  director 
and  assistants,  including  not  more 
than  eighteen  permanent  posi- 
tions, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose 

2304-02  For  other  services,  necessary  office 
supplies  and  equipment,  and  for 
rent,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose 


720  00 


1,300  00 


1.440  00 


1,300  00 


Unclassified  Accounts  and  Claims. 

2805-01  For  the  payment  of  certain  annui- 
ties and  pensions  of  soldiers  and 
others  under  the  provisions  of- 
certain  acts  and  resolves     .  .  $523  00 


$525  00 


Acts,  1943.  — Chap.  572.  793 

Appropriation  Appropriation 

Fiscal  Year  Fiscal  Year 

Item                                                                                                        1944.  1945. 
Dkficiencies. 

For  deficiencies  in  certain  appro- 
priations of  previous  years,  in 
certain  items  as  follows:  — 


Service  of  the  Department  of  Mental  Health. 

For  the  installation  of  cables  in  con- 
duits on  the  ceilings  of  tunnels  at 
the  Metropolitan  state  hospital    .  $879  20 


Service  of  the  Department  of  Public  Works. 

Item  2900-17  of  chapter  three  hun- 
dred and  seventy  of  the  acts  of 
the  current  year  is  hereby 
amended  by  adding  at  the  end 
thereof  the  following:  ",  and 
the  amount  herein  appropriated 
for  the  year  nineteen  hundred 
and  forty-four  is  in  addition  to 
the  unexpended  balance  of  any 
amount  previously  appropriated 
for  the  same  purpose." 

Item  2900-18  of  chapter  three  hun- 
dred and  seventy  of  the  acts  of 
the  current  year  is  hereby 
amended  by  adding  at  the  end 
thereof  the  following:  ",  and 
the  amount  herein  appropriated 
for  the  year  nineteen  hundred 
and  forty-four  is  in  addition  to 
the  unexpended  balance  of  any 
amount  previously  appropriated 
for  the  same  purpose." 

The  unexpended  balance  of  the 
appropriations  made  by  item 
3132-13  of  chapter  four  hundred 
and  nineteen  of  the  acts  of  nine- 
teen hundred  and  forty-one  is 
hereby  reappropriated,  to  be 
available  until  July  first,  nine- 
teen hundred  and  forty-five. 


Metropolitan  District  Corrjtyiission  Funds 

The  following  appropriations  are 
for  the  fiscal  year  ending  No- 
vember thirtieth,  nineteen  hun- 
dred and  forty-three,  and  for 
the  fiscal  year  ending  Novem- 
ber thirtieth,  nineteen  hundred 
and  forty-four,  or  for  such  other 
period  as  may  be  specified,  and 
are  to  be  assessed  upon  the  sev- 
eral districts  in  accordance  with 
the  methods  fixed  by  law,  un- 
less otherwise  provided,  and  to 
be  expended  under  the  direc- 


794  Acts,  1943.  —  Chap.  572. 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

tion  and  with  the  approval  of 
the  metropolitan  district  com- 
mission: 

8607-00  For  maintenance  of  the  Charles 
River  basin,  including  retirement 
of  veterans  under  the  provisions 
of  the  General  Laws,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose        .  $400  00  $1,600  00 

8607-22     For  the  cost  of  certain  construction 

and  repairs  to  the  locks  and  gates 

on  the  Charles  River  dam,  to  be 

assessed   as  part  of  the  cost  of 

'  maintenance  of  the  Charles  River 

basin 15,000  00 

8802-00  For  the  maintenance  and  operation 
of  a  system  of  sewage  disposal  for 
the  north  metropolitan  sewerage 
district,  including  retirement  of 
veterans  under  the  provisions  of 
the  General  Laws,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose        .  5,000  00  5,000  00 

8802-24  For  payment,  with  the  approval  of 
the  attorney  general,  of  a  certain 
judgment  in  favor  of  Thomas  A. 
Berrigan  for  compensation  for 
services  previously  rendered,  to 
be  assessed  as  part  of  the  cost 
of  maintenance  of  the  north  met- 
ropolitan sewerage  system,  and  to 
be  in  addition  to  the  amount  ap- 
propriated in  item  8807-24  .  1,17601 

8807-00  For  the  maintenance  and  operation 
of  a  system  of  sewage  disposal  for 
the  south  metropolitan  sewerage 
district,  including  retirement  of 
veterans  under  the  provisions  of 
the  General  Laws,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose  .  5,000  00  5,000  00 

8807-24  For  payment,  with  the  approval  of 
the  attorney  general,  of  a  certain 
judgment  in  favor  of  Thomas  A. 
Berrigan  for  compensation  for 
services  previously  rendered,  to  be 
assessed  as  part  of  the  cost  of 
maintenance  of  the  south  metro- 
politan sewerage  system,  and  to 
be  in  addition  to  the  amount  ap- 
propriated in  item  8802-24  .  1,176  01 

8902-00  For  the  maintenance  and  operation 
of  the  metropolitan  water  system, 
including  retirement  of  veterans 
under  the  provisions  of  the  Gen- 
eral Laws,  to  be  in  addition  to 
any  amount  heretofore  appropri- 
ated for  the  purpose  .  .  .  17,155  00  35,100  00 


Acts,  1943.  —  Chap.  572. 


795 


Item 


0401-56 


0230 


0901-04 


1907-08 


1907-09 


1201-01 


1101-01 


1103-01 


1601-01 


0305-05 


0425-01 


Miscellaneous. 

For  expenditure  by  the  Committee 
on  Post  War  Readjustment  as 
authorized  by  chapter  five  hun- 
dred and  twenty-four  of  the  ^.cts 
of  the  present  year 

For  continuing  the  investigation 
and  study  relative  to  intergov- 
ernmental relations  and  the  laws 
relating  thereto,  as  authorized  by 
chapter  fifty-nine  of  the  resolves 
of  the  present  year,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose 

For  services  other  than  personal, 
printing  the  annual  report,  office 
supplies  and  equipment,  and 
printing  and  furnishing  trespass 
posters,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the   purpose 

For  expenses  in  connection  with 
smallpox  and  other  diseases  dan- 
gerous to  the  public  health,  to  be 
in  addition  to  any  amount  here- 
tofore appropriated  for  the  pur- 
pose ..... 

For  the  support  of  sick  indigent  per- 
sons who  have  no  legal  settle- 
ment, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose 

For  the  salary  of  the  commissioner, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose     ..... 

For  the  salary  of  the  commissioner, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose     ..... 

For  the  salary  of  the  commissioner, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose     ..... 

For  the  salaries  of  the  commissioner, 
assistant  and  associate  commis- 
sioners, including  not  more  than 
five  permanent  positions,  to  be  in 
addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose 

For  the  salaries  of  assistant  regis- 
ters, including  not  more  than 
twenty-four  permanent  positions, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose     ..... 

For  compensation  of  the  commis- 
sioners, including  not  more  than 
three  permanent  positions,  to  be 
in  addition  to  any  amount  here- 
tofore appropriated  for  the  pur- 
pose .... 


Appropriation     Appropriation 

Fiscal  Year  Fiscal  Year 

1944.  1945. 


$50,000  00 


2,500  00 


2,500  00  $2,500  00 


10,000  00 


50,000  00 


920  00  1,000  00 


1,.500  00  1,500  00 


1,500  00  1,500  00 


3,680  00  4,000  00 


5,220  00  5,520  00 


1,500  00  1,500  00 


796  Acts,  1943.  —  Chap.  572. 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

0425-02  For  expenses,  including  travel,  sup- 
plies and  equipment,  to  be  in  ad- 
dition to  any  amount  heretofore 
appropriated  for  the  purpose        .  $750  00  $750  00 

0401-03  For  the  salaries  of  the  eight  council- 
lors, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  8,000  00  8,000  00 

0441-03  For  expenses  of  the  Grand  Army 
of  the  Republic  Department  of 
Massachusetts,  as  authorized  by 
chapter  seventeen  of  the  resolves 
of  the  present  year,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose        .  1,600  00  1,600  00 

2970-09  It  is  hereby  provided  that  from  the 
aggregate  of  the  appropriations 
made  by  items  0415-01,  0415-02, 
0415-03,  0415-04,  0415-05. 
0601-02,  0601-03,  0701-02  and 
0701-03  of  chapter  three  hun- 
dred and  seventy  of  the  acts  of 
the  present  year,  sums  totalling 
not  in  excess  of  one  hundred 
eleven  thousand  dollars  shall  be 
charged  to  the  Highway  Fund. 

2220-17  For  certain  improvements  at  the 
Gloucester  fish  pier,  so  called,  as 
authorized  by  chapter  three  hun- 
dred and  ninety-three  of  the  acts 
of  the  present  year     .  .  .  15,000  00  - 


Service  of  the  Attorney  General's  Department. 

HO  1-02  For  the  compensation  of  assistants 
in  his  office,  and  for  such  other 
legal  and  personal  services  as  may 
be  required,  including  not  more 
than  thirty-six  permanent  posi- 
tions, to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  10,000  00  10,000  00 

Specials: 

0803-04  For  expenses  incidental  to  special 
litigation  to  recover  certain  bank 
deposits,  as  authorized  by  section 
forty-one  of  chapter  one  hundred 
and  sixty-eight  of  the  General 
Laws,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .  .  2,000  00 

2931-00  For  maintenance  of  boulevards  and 
parkways,  including  installation 
of  traffic  lights,  to  be  in  addition 
to  any  amotmts  heretofore  appro- 
priated for  the  purpose        .  .         143,000  00        243,500  00 

bGll-00  For  maintenance  of  the  Nantasket 
Beach  reservation,  to  be  in  addi- 
tion to  any  amount  heretofore 
appropriated  for  the  purpose  -:  2,400  00 


Acts,  1943.  —  Chap.  572.  797 

Appropriation     Appropriation 
Fiscal  Year  Fiscal  Year 

Item  1944.  1945. 

2012-02  For  other  services,  including  travel- 
ing expenses,  supplies,  materials 
and  equipment,  to  be  in  addition 
to  any  amount  heretofore  appro- 
priated for  the  purpose        .  .  $500  00  $500  00 

1304-08  For  aiding  the  adult  blind,  subject 
to  the  conditions  provided  by 
law,  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose  .  .        100,000  00        100,000  00 

0441-12  For  participation  by  the  common- 
wealth in  the  purchase  of  a  build- 
ing in  the  town  of  Saugus  known 
as  The  Old  Iron  Works,  as  author- 
ized by  chapter  five  hundred  and 
seven  of  the  acts  of  the  current 
year 4,000  00 

0227  For  continuing  the  investigation 
and  study  of  the  laws  relating  to 
primaries  and  elections,  as  au- 
thorized by  chapter  fifty-seven  of 
the  resolves  of  the  current 
year 2,500  00 

0238  For  an  investigation  and  study  rela- 

tive to  rapid  transit  in  the  metro- 
politan area,  and  other  related 
matters,  as  authorized  by  chapter 
fifty-six  of  the  resolves  of  the  cur- 
rent year 40.000  00 

0239  For  an  investigation  and  study  rela- 

tive to  the  laws  of  the  common- 
wealth relating  to  fraternal  bene- 
fit societies,  as  authorized  by 
chapter  forty-four  of  the  resolves 
of  the  current  year     .  .  .  2,000  00 

0222  For  an  investigation  relative  to  the 

retirement  systems  of  the  com- 
monwealth and  of  the  political 
subdivisions  thereof,  as  author- 
ized by  chapter  forty-nine  of  the 
resolves  of  the  current  year  1 ,500  00  - 

0241  For  an  investigation  and  study  rela- 

tive to  the  matter  of  discrimina- 
tion against  persons  in  employ- 
ment because  of  their  race,  color, 
religion,  or  nationality,  as  author- 
ized by  chapter  thirty-nine  of  the 
resolves  of  the  current  year  1,000  00  - 

0242  For  an  investigation  and  study  rela- 

tive to  old  age  assistance  and  cer- 
tain related  matters,  as  author- 
ized by  chapter  thirty-eight  of  the 

resolves  of  the  current  year  .  2,000  00  - 

2960-02  For  reimbursement,  in  part,  of  the 
city  of  Boston  for  expenses  in- 
curred by  said  city  in  the  opera- 
tion and  maintenance  of  the  Sum- 
ner Tunnel  therein,  as  authorized 
by  chapter  twenty-five  of  the  re- 
solves of  nineteen  hundred  and 
forty-three  ....        100,000  00        100,000  00 


798 


Acts,  1943.  —  Chap.  572. 


Item 

0243  For  an  investigation  and  study  rela- 

tive to  housing,  for  preparing  a 
housing  law  and  related  matters, 
as  authorized  by  chapter  fifty  of 
the  resolves  of  the  current  year  . 

2932-05  For  the  payment  of  a  certain  claim, 
as  authorized  by  chapter  twenty- 
one  of  the  resolves  of  the  current 
year  ..... 

0204  For  continuing  the  investigation  rel- 

ative to  transportation  facilities, 
as  authorized  by  chapter  thirty- 
five  of  the  resolves  of  the  current 
year  ..... 

2970-10  For  an  investigation  and  study  of 
traffic  congestion  for  the  purpose 
of  recommending  a  post-war  pro- 
gram of  highway  construction 
projects  throughout  the  common- 
wealth, and  for  other  purposes, 
as  authorized  by  chapter  forty- 
six  of  the  resolves  of  the  current 
year,  to  be  paid  from  the  Highway 
Fund 

2820-08  For  the  payment  of  certain  claims, 
as  authorized  by  chapters  twenty- 
four,  twenty-eight,  twenty-nine 
and  fifty-two  of  the  resolves  of 
the  present  year  and  chapter 
three  hundred  and  forty  of  the 
acts  of  the  current  year 

0217  For  an  investigation  and  study  of 

the  criminal  laws  of  the  common- 
wealth, as  authorized  by  chapter 
sixty  of  the  resolves  of  the  cur- 
rent year  .... 

8602-32  For  the  sanding  of  Malibu  Beach, 
so-called,  as  authorized  by  chap- 
ter four  hundred  and  forty-six  of 
the  acts  of  the  current  year 

8602-33  For  the  erection  of  a  fence  on  land 
bordering  the  Neponset  River, 
as  authorized  by  chapter  four 
hundred  and  sixty-six  of  the  acts 
of  the  current  year     . 

0503-03  For  printing  and  binding  public 
documents,  to  be  in  addition  to 
any  amoimt  heretofore  appropri- 
ated for  the  purpose  . 

0244  For  expenses  of  the  committee  on 

taxation  of  the  general  court  in 
attending  the  annual  conference 
of  the  national  tax  association 
during  the  year  nineteen  hundred 
and  forty-three,  as  authorized  by 
a  joint  order  of  the  general  court; 
provided,  that  any  expenditures 
shall  be  made  with  the  approval 
and  under  the  direction  of  the 
governor  and  council 

0245  For  clerical  and  other  necessary  ex- 

penses of  a  joint  special  commit- 
tee established  for  the  purpose  of 


Appropriation 

Fiscal  Year 

1944. 


$1,500  00 


Appropriation 

Fiscal  Year 

1945. 


36  40 


7,500  00 


30,000  00 


4,759  41 


600  00 


8.000  00 


18,000  00 


1,000  00 


2,000  00 


Acts,  1943.  —  Chap.  572. 


799 


Item 

making  an  investigation  and  study 
of  the  various  aspects  of  the  emer- 
gency relative  to  the  production, 
rationing,  transportation  and  dis- 
tribution of  food,  fuel  and  other 
commodities  and  necessaries  of 
life,  and  of  business  conditions 
with  reference  to  small  business, 
so-called,  as  authorized  by  a  joint 
order  of  the  general  court  . 
0424-01  For  expenses  of  the  commission,  to 
be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose  ..... 
2930-11  For  the  payment  of  certain  claims, 
as  authorized  by  chapter  eighteen 
of  the  resolves  of  the  current  year 
1701-12  For  expenditure  by  the  department 
of  mental  health  on  account  of 
the  additional  expense  for  board- 
ing out  of  patients  by  the  several 
institutions  in  said  department, 
as  authorized  by  chapter  five 
hundred  and  five  of  the  acts  of 
the  present  year 
2820-09  For  the  payment  of  a  certain  claim, 
as  authorized  by  chapter  fifty- 
two  of  the  resolves  of  the  present 
year  ..... 

2805-01  For  the  payment  of  certain  annui- 
ties and  pensions  under  the  pro- 
visions of  certain  acts  and  resolves 
of  the  present  year,  to  be  in  addi- 
tion to  any  amount  heretofore  ap- 
propriated for  the  purpose 
2820-06  For  reimbursement  of  persons  for 
funds  previouslj-  deposited  in  the 
treasury  of  the  commonwealth 
and  escheated  to  the  common- 
wealth, as  authorized  by  chapter 
thirty-two  of  the  resolves  of  the 
present  year  .... 
1501-21  For  personal  services  and  expenses 
of  the  department  of  industrial 
accidents  in  carrying  out  the  pro- 
visions of  chapter  five  hundred 
and  twenty-nine  of  the  acts  of 
the  present  year,  to  be  expended 
with  the  approval  of  the  governor 
0228  For    continuing    the    investigation 

and  study  of  the  problems  aris- 
ing from  the  holding  of  property 
for  public  purposes,  as  authorized 
by  chapter  sixty-four  of  the  re- 
solves of  the  present  year  . 
3170-01  For  clerical  and  other  expenses  of 
the  committee  on  harbors  and 
public  lands  of  the  general  court 
relating  to  the  zoning  of  Boston 
harbor  for  maritime  purposes,  as 
authorized  by  a  joint  order  of  the 
general  court     .... 


Appropriation 

Fiscal  Year 

1944 


Appropriation 

Fiscal  Year 

194.5. 


$20,000  00 


200  00 


9,246  50 


36,000  00        $45,000  00 


1,000  00 


14,200  00     5,510  00 


1.986  71 


50,000  00    90,000  00 


1,500  00 


2.000  00 


800  Acts,  1943.  —  Chap.  572. 


Appropriation     Appropriation 
Fiscal  Ypar  Fiscal  Year 

Item  !(>«  l«-*5 

0251  For  an  investigation  and  study  of 

the  laws  pertaining  to  the  safety 
of  persons  in  certain  places  of  as- 
sembly, as  authorized  by  chapter 
sixty-seven  of  the  resolves  of  the 

present  year      ....  $5,000  00  - 

0240  For  an  investigation  and  study  of 

the  problem  of  drunkenness,  as 
authorized  by  chapter  sixty-two 
of  the  resolves  of  the  present  year  2,000  00 

1904  01  For  personal  services  of  officers  and 
employees,  including  not  more 
than  one  hundred  and  thirty- 
eight  permanent  positions,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose  8,280  00  $8,280  00 
0247  For  an  investigation  and  study  rela- 
tive to  the  regulation  and  control 
of  the  agricultural  and  dairy  in- 
dustry in  the  commonwealth,  as 
authorized  by  chapter  sixty-nine 
of  the  resolves  of  the  present  year  1,000  00 
0101-24  For  additional  compensation  to  the 
sergeant-at-arms,  the  employees 
in  his  office  and  the  document 
room,  and  the  doorkeepers,  assist- 
ant doorkeepers  and  general  court 
oflBcers,  as  authorized  by  a  joint 
order  of  the  general  court  .  6,600  00 
1002-18  For  personal  services  and  expenses, 
including  not  more  than  two  per- 
manent positions,  in  connection 
with  establishing  forest  cutting 
practices,  as  authorized  by  chap- 
ter five  hundred  and  thirty-nine 

of  the  acts  of  the  present  year     .  2,580  00  4,660  GO 

2104-11  For  the  salaries  of  officers  and  em- 
ployees for  the  building  inspection 
service,  including  not  more  than 
twenty-seven  permanent  posi- 
tions, to  be  in  addition  to  any 
amount   heretofore   appropriated 

for  the  purpose  .  •  •  12,900  00  13,860  00 

2104-12  For  traveling  expenses  of  officers  for 
the  building  inspection  service,  to 
be  in  addition  to  any  amount 
heretofore   appropriated    for   the 

purpose 2,000  00  2,000  00 

2104-13  For  personal  services  and  expenses 
of  the  board  of  standards  and  ap- 
peals, including  not  more  than  ten 
permanent  positions,  as  author- 
ized by  chapter  five  hundred  and 
forty-four  of  the  acts  of  the  pres- 
ent year 6,000  00  4,000  00 

281 1-04  For  the  compensation  of  state  police 
ofiicers  formerly  employed  in  the 
service  of  the  commonwealth,  now 
retired,  to  be  in  addition  to  any 
amount   heretofore   appropriated 

for  the  purpose  .  .  31,650  00  31.650  GO 

1907-04  The  unexpended  balance  of  the 
appropriations     made     by     item 


Acts,  1943.  —  Chap.  572. 


801 


Item 

1907-04  of  chapter  four  hundrerl 
and  nineteen  of  the  acts  of  nine- 
teen hundred  and  forty-one  is 
hereby  reappropriated,  to  be 
available  until  July  first,  nineteen 
hundred  and  forty-five. 
0101-14  For  additional  compensation  of  the 
pages  of  the  senate  and  house  of 
representatives,  as  authorized  by 
a  joint  order  of  the  general  court, 
to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the 
purpose  ..... 
2820-14  For  payment  of  a  certain  claim  as 
authorized  by  chapter  seventy  of 
the  resolves  of  the  current  year  . 
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, 
and  to  be  in  addition  to  any 
amount  heretofore  appropriated 
for  the  purpose 
2420-00  For  sinking  fund  requirements  and 
for  certain  serial  bonds  maturing 
during  the  years  nineteen  hun- 
dred and  forty-four  and  nineteen 
hundred  and  forty-five,  to  be  in 
addition  to  the  amounts  appro- 
priated in  item  2952-00,  and  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose 
0906-03  For  expenses  in  connection  wnth  cer- 
tain activities  conducted  in  co- 
operation with  the  federal  govern- 
ment, as  authorized  by  section 
twenty-three  of  chapter  ninety- 
four  A  of  the  General  Laws,  to  be 
in  addition  to  any  amount  hereto- 
fore appropriated  for  the  purpose 
0250  For  an  investigation  and  study  rela- 

tive to  adjustments  of  grievances 
of  employees  of  the  common- 
wealth and  the  maintenance  of 
employees  in  the  several  institu- 
tions of  the  commonwealth  and 
the  laws,  rules  and  regulations 
applicable  thereto,  as  authorized 
by  chapter  seventy-three  of  the 
resolves  of  the  present  year 
0246  For  an  investigation  and  study  of 

Post  War  Problems  of  the  Com- 
monwealth relative  to  economif 
and  other  conditions,  as  author- 
ized by  chapter  seventy-one  of 
the  resolves  of  the  current  year 
0216  F'or    continuing    the    investigation 

and  study  relative  to  the  civil 
service  laws  and  regulations  of 
the  commonwealth,  as  author- 
ized by  chapter  seventy-two  of 
the  resolves  of  the  current  year 


Appropriation 

Fiscal  Year 

1944. 


Appropriation 

Fiscal  Year 

1945. 


$1,400  00 


272  50 


12,656  25        $38,337  50 


125,000  00        125,000  00 


2,500  00 


2,500  00 


5,000  00 


25,000  00 


3,000  00 


802  .  Acts,  1943.  —  Chap.  572. 

Section  3.  Notwithstanding  any  other  provision  of  law, 
the  state  comptroller  is  hereby  authorized  to  certify  for  pay- 
ment from  the  Highway  Fund  liabilities  incurred  by  the  de- 
partment of  public  works  for  the  construction  of  additional 
highways;  provided,  that  the  construction  is  undertaken  at 
the  request  of  the  federal  government  and  the  federal  gov- 
ernment has  certified  that  it  will  reimburse  the  common- 
wealth for  substantially  all  of  the  cost  of  each  project;  and, 
provided  further,  that  each  project  shall  have  been  approved 
by  the  commission  on  administration  and  finance  and  the 
governor  before  any  liability  with  respect  thereto  is  incurred. 

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

Approved  June  12,  1943. 


RESOLVES. 


Resolve  validating  the  acts  of  nellie  f.  malone  of  Chap. 

WALTHAM    AS    A    NOTARY    PUBLIC. 

Resolved,  That  the  acts  of  Nellie  F.  Malone  of  Waltham 
as  a  notary  pubhc,  between  October  thirty-first,  nineteen 
hundred  and  thirty-six,  and  July  seventeenth,  nineteen 
hundred  and  forty-two,  both  dates  inclusive,  in  so  far  as  the 
same  may  have  been  invalid  by  reason  of  the  fact  that, 
upon  the  change  of  her  name  from  Nellie  F.  Anderson,  she 
failed  to  re-register  under  her  new  name  and  pay  to  the  state 
secretary  a  fee  of  one  dollar  as  required  by  section  thirteen 
of  chapter  thirty  of  the  General  Laws,  are  hereby  confirmed 
and  made  valid.  Approved  February  2,  19Jf3. 


Resolve  validating  the  acts  of  cecilia  f.  welch  of  Chap. 

FALL   RIVER   AS   A   NOTARY    PUBLIC. 

Resolved,  That  the  acts  of  Cecilia  F.  Welch  of  Fall  River  as 
a  notary  public  between  June  fifteenth,  nineteen  hundred 
and  forty  and  September  fifteenth,  nineteen  hundred  and 
forty-two,  both  dates  inclusive,  in  so  far  as  the  same  may 
have  been  invalid  by  reason  of  the  fact  that,  upon  the  change 
of  her  name  from  Cecilia  F.  Newton,  she  failed  to  re-register 
under  her  new  name  and  pay  to  the  state  secretary  a  fee 
of  one  dollar  as  required  by  section  thirteen  of  chapter  thirty 
of  the  General  Laws,  are  hereby  confirmed  and  made  valid. 

Approved  February  2,  191^8. 


Resolve  validating  the  acts  of  harry  p.  levowich  of  Chap.     3 

BOSTON  AS  A  NOTARY  PUBLIC. 

Resolved,  That  the  acts  of  Harry  P.  Levowich  of  Boston 
as  a  notary  public,  between  May  twenty-second,  nineteen 
hundred  and  forty-two,  and  January  twenty-fifth,  nineteen 
hundred  and  forty-three,  both  dates  inclusive,  are  hereby 
confirmed  and  made  valid  to  the  same  extent  as  if  during 
said  time  he  had  been  qualified  to  discharge  the  duties  of 
said  office.  Approved  February  18,  1943. 

Resolve  validating  the  acts  of  gertrude  e.  mcmahon,  Chap.     4 
OF  boston,  as  a  notary  public. 

Resolved,  That  the  acts  of  Gertrude  E.  McMahon  of  Boston 
as  a  notary  public  between  June  tenth,  nineteen  hundred 
and    thirty-nine,    and   September   twenty-eighth,   nineteen 


804  Resolves,  1943.  —  Chaps.  5,  6. 

hundred  and  forty-two,  both  dates  inclusive,  in  so  far  as 
the  same  may  have  been  invalid  by  reason  of  the  fact  that, 
upon  the  change  of  her  name  from  Gertrude  E.  McCarthy, 
she  failed  to  re-register  under  her  new  name  and  pay  to  the 
state  secretary  a  fee  of  one  dollar,  as  required  by  section 
thirteen  of  chapter  thirty  of  the  General  Laws,  are  hereby 
confirmed  and  made  valid.     Approved  February  J 8,  1943. 

Chap.     5  Resolve  providing  for  an  investigation  by  the  judicial 

COUNCIL  relative  TO  THE  GUARDIANSHIP  OF  INCOMPETENT 
veterans,  and  OTHER  INCOMPETENT  AND  MINOR  BENE- 
FICIARIES OF  THE  VETERANS  ADMINISTRATION,  AND  RELA- 
TIVE TO  THE  COMMITMENT  TO  THE  VETERANS  ADMINISTRA- 
TION OR  OTHER  AGENCY  OF  THE  UNITED  STATES  OF  PERSONS 
ELIGIBLE  FOR  CARE  OR  TREATMENT  AND  TO  MAKE  UNIFORM 
THE  LAW  WITH  REFERENCE  THERETO. 

Resolved,  That  the  judicial  council  be  requested  to  investi- 
gate the  subject  matter  of  current  senate  document  num- 
bered two  hundred  and  eighty-three,  relative  to  the  guardian- 
ship of  incompetent  veterans,  and  other  incompetent  and 
minor  beneficiaries  of  the  veterans  administration,  and  rel- 
ative to  the  commitment  to  the  veterans  administration  or 
other  agency  of  the  United  States  of  persons  eligible  for 
care  or  treatment  and  to  make  uniform  the  law  with  refer- 
ence thereto,  and  to  include  its  conclusions  and  recommenda- 
tions, if  any,  in  relation  thereto,  with  drafts  of  such  legis- 
lation as  may  be  necessary  to  give  effect  to  the  same,  in  its 
annual  report  for  the  year  nineteen  hundred  and  forty-four. 

Approved  March  10,  1943. 

Chap.      6  Resolve  providing  for  an  investigation  by  the  judicial 

COUNCIL  RELATIVE  TO  THE  FORECLOSURE  OF  MORTGAGES 
OF  LAND,  RELATIVE  TO  ACKNOWLEDGMENTS  OF  WRITTEN 
INSTRUMENTS  AND  MAKING  UNIFORM  THE  LAW  WITH 
RELATION  THERETO,  AND  RELATIVE  TO  PERMITTING  CHARI- 
TABLE CONTRIBUTIONS  BY  THE  GUARDIANS  OF  INSANE 
PERSONS. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  senate  document 
numbered  one  hundred  and  sixty-eight,  relative  to  the 
foreclosure  of  mortgages  of  land,  of  current  senate  docu- 
ment numbered  two  hundred  and  thirty-one,  relative  to 
acknowledgments  of  written  instruments  and  making 
uniform  the  law  with  relation  thereto,  and  of  current  house 
document  numbered  six  hundred  and  eighty-two,  relative 
to  permitting  charitable  contributions  by  the  guardians  of 
insane  persons,  and  to  include  its  conclusions  and  recom- 
mendations, if  any,  in  relation  thereto,  with  drafts  of  such 
legislation  as  may  be  necessary  to  give  effect  to  the  same,  in 
its  annual  report  for  the  year  nineteen  hundred  and 
forty-four.  Approved  March  31,  1943. 


Resolves,  1943.  —  Chaps.  7,  8,  9,  10.  805 


Resolve  validating  the  acts  of  kathryn  f.  hardy  of  Chap. 

PLYMOUTH    AS    A    NOTARY    PUBLIC. 

Resolved,  That  the  acts  of  Kathrjai  F.  Hardy  of  Plymouth 
as  a  notary  public  between  January  first,  nineteen  hundred 
and  thirty-seven,  and  December  fourth,  nineteen  hundred 
and  forty-two,  both  dates  inclusive,  in  so  far  as  the  same 
may  have  been  invalid  by  reason  of  the  fact  that,  upon  the 
change  of  her  name  from  Kathryn  M.  Ferioli,  she  failed  to 
re-register  under  her  new  name  and  pay  to  the  state  secre- 
tary a  fee  of  one  dollar  as  required  by  section  thirteen  of 
chapter  thirty  of  the  General  Laws,  are  hereby  confirmed  and 
made  valid.  Approved  April  7,  1943. 


Resolve  providing  for  an  investigation  by  the  judi-  Chap. 

CIAL    COUNCIL   RELATIVE   TO   THE    FORECLOSURE    OF   MORT- 
GAGES,   AND    CERTAIN    RELATED   MATTERS. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  house  document 
numbered  fourteen  hundred  and  seventeen,  relative  to  the 
foreclosure  of  mortgages  of  real  estate,  actions  brought  for 
the  purpose  of  recovering  deficiency  judgments  on  notes 
secured  by  such  mortgages,  and  the  admissibility  of  evi- 
dence in  such  actions  as  to  the  fair  market  value  of  the 
mortgaged  property,  to  investigate  relative  to  the  time 
within  which  such  actions  should  be  brought,  and  to  inves- 
tigate in  general  the  duty  of  mortgagees  to  mortgagors  of 
real  estate  in  regard  to  foreclosure  sales,  and  to  include  its 
conclusions  and  recommendations  in  relation  thereto,  with 
drafts  of  such  legislation  as  may  be  necessary  to  give  effect 
to  the  same,  in  its  annual  report  for  the  year  nineteen  hun- 
dred and  forty-four.  Approved  April  14,  1943. 


Resolve  validating  the  acts  of  hyman  f.  goldman  of  Chap. 

BOSTON    AS   A    NOTARY    PUBLIC. 

Resolved,  That  the  acts  of  Hyman  F.  Goldman  of  Boston 
as  a  notary  public,  between  January  twenty-second  and 
March  ninth,  both  dates  inclusive,  in  the  current  year,  are 
hereby  confirmed  and  made  valid  to  the  same  extent  as  if 
during  said  time  he  had  been  qualified  to  discharge  the  duties 
of  said  office.  Approved  April  15,  1943. 


Resolve  validating  the  acts  of  Israel  isenberg  as  a  Chap.    10 

NOTARY    PUBLIC. 

Resolved,  That  the  acts  of  Israel  Isenberg,  sometimes 
known  as  Isadore  Isenberg,  as  a  notary  public,  between 
January  twenty-ninth,  nineteen  hundred  and  thirty-six,  and 
January  twenty-ninth,  nineteen  hundred  and  forty-three, 
both  dates  inclusive,  are  hereby  confirmed  and  made  valid 


80G  Resolves,  1943.  —  Chaps.  11,  12,  13. 

insofar  as  they  may  have  been  invaUd  by  reason  of  having 
been  performed  by  said  Isenberg  under  the  assumed  name 
of  Isadore  Isenberg,  in  which  name  the  commission  was 
granted.  Approved  April  16,  1943. 


Chap.    11  Resolve  providing  for  an  investigation  by  the  judicial 

COUNCIL  relative  TO  THE  SCOPE  OF  COMPULSORY  MOTOR 
VEHICLE  LIABILITY  INSURANCE  AND  THE  FURTHER  REGU- 
LATION OF  THE  OPERATION  IN  THE  COMMONWEALTH  OF 
MOTOR  VEHICLES  AND  TRAILERS  OWNED  BY  CERTAIN  NON- 
RESIDENTS. 

Resolved,  That  the  judicial  council  be  requested  to  investi- 
gate the  subject  matter  of  current  house  document  numbered 
eleven  hundred  and  sixteen,  relative  to  the  scope  of  com- 
pulsory motor  vehicle  liability  insurance;  and  the  subject 
matter  of  current  house  document  numbered  twelve  hun- 
dred and  seventy-five  relative  to  further  regulating  the 
operation  in  this  commonwealth  of  motor  vehicles  and 
trailers  owned  by  certain  non-residents,  and  to  include  its 
conclusions  and  recommendations,  if  any,  in  relation  thereto, 
with  drafts  of  such  legislation  as  may  be  necessary  to  give 
effect  to  the  same,  in  its  annual  report  for  the  year  nineteen 
hundred  and  forty-four.  Approved  April  28,  1943. 


Chap.    12  Resolve    validating    the   acts    of   dora    miller   as    a 

NOTARY    PUBLIC. 

Resolved,  That  the  acts  of  Dora  Miller  of  Chelsea  as  a 
notary  public  between  August  third,  nineteen  hundred  and 
thirty-three  and  March  fourth,  nineteen  hundred  and  thirty- 
eight,  both  dates  inclusive,  in  so  far  as  the  same  may  have 
been  invahd  by  reason  of  the  fact  that,  upon  the  change 
of  her  name  from  Dora  Ginsburg,  she  failed  to  re-register 
under  her  new  name  and  pay  to  the  state  secretary  a  fee 
of  one  dollar  as  required  by  section  thirteen  of  chapter 
thirty  of  the  General  Laws,  are  hereby  confirmed  and  made 
valid.  Approved  May  5,  1943. 


Chap.  13  Resolve  providing  for  an  investigation  by  the  judi- 
cial COUNCIL  RELATIVE  TO  SALVAGE  OPERATIONS  OF 
TRUSTEES. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  senate  document 
numbered  four  hundred  and  five,  relative  to  salvage  opera- 
tions of  trustees,  and  to  include  its  conclusions  and  recom- 
mendations, if  any,  in  relation  thereto,  with  drafts  of  such 
legislation  as  may  be  necessary  to  give  effect  to  the  same, 
by  filing  the  same  with  the  clerk  of  the  senate  on  or  before 
the  seventeenth  day  of  May  in  the  current  year. 

Approved  May  5,  1943 


Resolves,  1943.  —  Chaps.  14,  15,  16.  807 


Resolve  providing  for  an  investigation  by  the  judicial  Chap.    14 

COUNCIL  relative  TO  PROVIDING  A  PENALTY  FOR  FRAUDU- 
LENT CLAIMS  UNDER  MOTOR  VEHICLE  LIABILITY  INSURANCE 
POLICIES. 

Resolved,  That  the  judicial  council  be  requested  to  investi- 
gate the  subject  matter  of  current  house  document  num- 
bered nine  hundred  and  sixty-five,  relative  to  providing  a 
penalty  for  fraudulent  claims  under  motor  vehicle  liability 
insurance  policies,  and  to  include  its  conclusions  and  recom- 
mendations, if  any,  in  relation  thereto,  with  drafts  of  such 
legislation  as  may  be  necessary  to  give  effect  to  the  same,  in 
its  annual  report  for  the  year  nineteen  hundred  and  forty- 
four.  Approved  May  6,  1943. 


Resolve  validating  the  acts  of  maybelle  e.  o'brien  as  Chap.    15 

A   NOTARY   PUBLIC. 

Resolved,  That  the  acts  of  Maybelle  E.  O'Brien  of  Brook- 
line,  formerly  of  Boston,  as  a  notary  public  between  May 
twentieth,  nineteen  hundred  and  thirty-nine  and  April  fif- 
teenth, nineteen  hundred  and  forty-three,  both  dates  inclu- 
sive, in  SO  far  as  the  same  may  have  been  invalid  by  reason 
of  the  fact  that,  upon  the  change  of  her  name  from  May- 
belle E.  Harte,  she  failed  to  re-register  under  her  new  name 
and  pay  to  the  state  secretary  a  fee  of  one  dollar  as  required 
by  section  thirteen  of  chapter  thirty  of  the  General  Laws,  are 
hereby  confirmed  and  made  valid. 

Approved  May  7,  1943. 

Resolve  authorizing  an  investigation  and  study  by  Chap.    16 

THE  metropolitan  DISTRICT  WATER  SUPPLY  COMMIS- 
SION relative  to  the  FLOW  OF  WATER  FROM  THE  QUABBIN 
RESERVOIR  WITH  A  VIEW  TO  IMPROVING  THE  CONDITIONS 
OF  THE  SWIFT  AND  WARE  RIVERS. 

Resolved,  That  the  metropolitan  district  water  supply 
commission  is  hereby  authorized  and  directed  to  investigate 
and  study  the  possibility  and  feasibilitj'^  of  dividing  the  flow 
of  water  from  the  Quabbin  reservoir  between  the  Swift  and 
Ware  rivers  in  such  a  manner  as  shall  best  serve  to  prevent 
the  pollution  of  either  river,  and  be  of  industrial  use  by  main- 
taining a  steady  flow  of  water  in  both,  and  in  such  manner 
as  shall  best  prevent  the  flow  in  either  river  from  reaching 
the  flood  stage.  Said  commission  shall  report  to  the  general 
court  the  results  of  iis  investigation  and  study,  and  its  rec- 
ommendations, if  any,  including  drafts  of  legislation  neces- 
sary to  carry  its  recommendations  into  effect  and  estimates 
of  any  costs  which  may  be  necessary  to  the  same  purpose,  by 
filing  the  same  with  the  clerk  of  the  house  of  representatives 
on  or  before  the  first  Wednesday  of  November,  nineteen 
hundred  and  forty-four.  Approved  May  19,  1943. 


808  Resolves,  1943.  —  Chaps.  17,  18,  19. 


Chap.    17  Resolve  in  aid  of  the  grand  army  of  the  republic 

DEPARTMENT   OF   MASSACHUSETTS. 

Resolved,  That,  subject  to  appropriation,  there  be  allowed 
and  paid  from  the  treasury  of  the  commonwealth  a  sum  not 
exceeding  sixteen  hundred  dollars  in  each  of  the  years  nine- 
teen hundred  and  forty-three  and  nineteen  hundred  and 
forty-four,  in  addition  to  any  amount  heretofore  appropri- 
ated for  the  same  purpose,  to  aid  in  defraying  the  expenses 
of  the  Grand  Army  of  the  Republic,  Department  of  Massa- 
chusetts; and  any  unexpended  balance  of  said  sum  remain- 
ing at  the  end  of  either  of  said  years  may  be  used  in  the 
succeeding  year.  Payments  for  such  aid  shall  be  made  upon 
the  presentation  to  the  comptroller  of  vouchers  therefor, 
approved  by  the  assistant  adjutant  general  and  the  com- 
mander of  said  department.  Approved  May  20,  1943. 


Chap.    18  Resolve  providing  for  payments  by  the  commonwealth 
OF   certain   sums   of   money    as    full    co.mpensation 

FOR    certain    property    TAKEN    BY    THE    COMMONWEALTH 
THROUGH    its   DEPARTMENT   OF    PUBLIC    WORKS. 

Resolved,  That,  for  the  purpose  of  discharging  the  moral 
obligation  of  the  commonwealth,  and  subject  to  appropria- 
tion, there  be  paid  out  of  the  Highway  Fund  to  the  parties 
and  in  the  amounts  hereinafter  specified,  as  full  compensa- 
tion for  certain  property  taken  by  eminent  domain  under 
chapter  seventy-nine  of  the  General  Laws  by  the  common- 
wealth through  its  department  of  public  works: 

Amounts  of 
Names  of  Parties.  Payments. 

Heirs  of  Patrick  Flanagan $150  00 

Estate  of  Arthur  Michael 4,825  00 

Everett  S.  Osterbanks 187  50 

Edward  J.  McLaughlin 4,084  00 

No  payment  shall  be  made  hereunder  to  any  party  en- 
titled thereto  until  such  party  shall  have  signed  and  filed 
with  the  comptroller  an  agreement  that  the  amount,  if  any, 
paid  or  to  be  paid  for  legal  services  rendered  on  his  behalf 
in  connection  with  the  passage  of  this  resolve  shall  not  ex- 
ceed ten  per  cent  of  the  sum  so  payable  to  such  party. 

Approved  May  24,  1943. 


Chap.    19  Kesolve  validating' the  acts  of  helen  n.  devlin  as  a 

NOTARY   PUBLIC. 

Resolved,  That  the  acts  of  Helen  N.  Devlin  of  Boston  as 
a  notary  public  between  June  twenty-second,  nineteen  hun- 
dred and  forty-one,  and  July  tenth,  nineteen  hundred  and 
forty-two,  both  dates  inclusive,  in  so  far  as  the  same  may 
have  been  invalid  by  reason  of  the  fact  that,  upon  the 


Resolves,  1943.  —  Chaps.  20,  21,  22.  809 

change  of  her  name  from  Helen  J.  Niewoyno,  she  failed  to  re- 
register under  her  new  name  and  pay  to  the  state  secretary 
a  fee  of  one  dollar  as  required  by  section  thirteen  of  chapter 
thirty  of  the  General  Laws,  are  hereby  confirmed  and  made 
vaKd.  Approved  May  24,  1943. 


Resolve  validating  the  acts  of  moses  m.  frankel  of  (JfiQ/n    20 

WAKEFIELD   AS   A   NOTARY    PUBLIC. 

Resolved,  That  the  acts  of  Moses  M.  Frankel  of  Wake- 
field as  a  notary  public,  between  January  first  and  April 
thirtieth,  nineteen  hundred  and  forty-three,  both  dates  in- 
clusive, are  hereby  confirmed  and  made  valid  to  the  same 
extent  as  if  during  said  time  he  had  been  qualified  to  dis- 
charge the  duties  of  said  office.      Approved  May  26,  1943. 

Resolve  in  favor  of  theodore  freitas.  Chav    21 

Resolved,  That,  subject  to  appropriation,  there  shall  be  al- 
lowed and  paid  from  the  state  treasury  to  Theodore  Freitas, 
a  former  member  of  the  police  force  of  the  metropolitan  dis- 
trict commission  who  resigned  in  the  year  nineteen  hundred 
and  forty-one,  the  sum  of  thirty-six  dollars  and  forty  cents 
to  compensate  him  for  services  rendered  prior  to  his  resig- 
nation on  certain  days  on  which  he  was  entitled  to  be  off 
duty.  No  pajrment  shall  be  made  hereunder  to  any  party 
entitled  thereto  until  such  party  shall  have  signed  and  filed 
with  the  comptroller  an  agreement  that  the  amount,  if  any, 
paid  or  to  be  paid  for  legal  services  in  connection  with  the 
passage  of  this  resolve  shall  not  exceed  ten  per  cent  of  the 
sum  so  payable  to  such  party.        Approved  May  28,  1943. 


Resolve   providing   for   an   investigation   and   study  Chav    22 
relative  to  opportunities  for  the  development  and 

UTILIZATION     of     THE     MUNICIPALLY-OWNED     AIRPORT     IN 
THE   TOWN    OF   ORANGE. 

Resolved,  That  the  Massachusetts  aeronautics  commission 
is  hereby  authorized  and  directed  to  make  an  investigation 
and  study  relative  to  opportunities  for  the  development 
and  utihzation  of  the  municipally-owned  airport  in  the 
town  of  Orange.  Said  commission  shall  confer  with  the 
appropriate  authorities  of  the  federal  government,  of  com- 
mercial airlines  and  of  airplane  manufacturers  with  a  view 
to  the  utilization  of  the  facilities  of  said  airport  so  that  it 
may  have  the  fullest  possible  development  in  the  field  of 
commercial  aviation,  both  transcontinental  and  inter- 
national, and  in  the  field  of  airplane  manufacture.  Said 
commission  shall,  from  time  to  time  during  the  progress  of 
its  investigation  and  study  hereunder,  confer  with  the 
board  of  selectmen  of  said  town  and  give  to  said  board  such 
information  as  to  any  of  its  findings  then  made  as  said  com- 


810  Resolves,  1943.  —  Chaps.  23,  24,  25. 

mission  may  have  available.  Said  commission  shall  also 
report  to  the  general  court  the  results  of  its  investigation, 
and  its  recommendations,  if  any,  together  with  drafts  of 
such  legislation  as  may  be  necessary  to  carry  such  recom- 
mendations into  effect,  by  filing  the  same  with  the  clerk  of 
the  house  of  representatives  on  or  before  the  first  Wednesday 
in  November  in  the  year  nineteen  hundred  and  forty-four. 

Approved  May  28,  1943. 


Chap.  23  Resolve  providing  for  an  investigation  by  the  de- 
partment OF  PUBLIC  WELFARE  RELATIVE  TO  AMOUNTS 
PAYABLE  BY  THE  COMMONWEALTH  FOR  THE  EXPENSES 
OF   THE    FUNERAL   OF   CERTAIN    POOR    PERSONS. 

Resolved,  That  the  department  of  public  welfare  is  hereby 
authorized  and  directed  to  investigate  the  subject  matter 
of  current  house  document  numbered  twelve  hundred  and 
fifteen,  relative  to  amounts  payable  by  the  commonwealth 
for  the  expenses  of  the  funeral  of  certain  poor  persons. 
Said  department  shall  report  to  the  general  court  the  results 
of  its  investigation,  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  such  recom- 
mendations into  effect,  by  filing  the  same  with  the  clerk  of 
the  house  of  representatives  on  or  before  the  first  Wednesday 
of  November  in  the  year  nineteen  hundred  and  forty-four. 

Approved  May  28,  1943. 


Chap.   24      Resolve  in  favor  of  the  town  of  belchertown. 

Resolved,  That,  subject  to  appropriation  and  subject  to 
the  approval  of  the  commissioner  of  public  welfare,  there 
shall  be  paid  from  the  state  treasury  to  the  town  of  Belcher- 
town the  sum  of  ten  hundred  and  twenty-eight  dollars,  as 
reimbursement  for  welfare  assistance  granted  to  Marion 
Tribe  and  Stanley  Tribe,  Jr.  No  payment  shall  be  made 
hereunder  to  any  party  entitled  thereto  until  such  party 
shall  have  signed  and  filed  with  the  comptroller  an  agree- 
ment that  the  amount,  if  any,  paid  or  to  be  paid  for  legal 
services  rendered  in  connection  with  the  passage  of  this 
resolve  shall  not  exceed  ten  per  cent  of  the  sum  so  payable 
to  such  party.  Approved  May  28,  1943. 


Chap.  25  Resolve  providing  for  the  reimbursement  in  part  of 
the  city  of  boston  by  the  commonwealth  for  ex- 
penses INCURRED  BY  SAID  CITY  IN  THE  OPERATION  AND 
MAINTENANCE  OF  THE  SUMNER  TUNNEL  THEREIN. 

Resolved,  That,  subject  to  appropriation,  there  be  allowed 
and  paid  by  the  commonwealth  from  the  Highway  Fund  to 
the  city  of  Boston  the  sum  of  two  hundred  thousand  dollars, 
to  reimburse  said  city  in  part  for  expenses  incurred  by  it 
in  the  operation  and  maintenance  of  the  vehicular  tunnel 


Resolves,  1943.  —  Chaps.  26,  27.  811 

between  Boston  proper  and  East  Boston,  known  as  the 
Sumner  tunnel,  one  half  of  said  sum  to  be  paid  as  aforesaid 
on  September  first  in  the  current  year  and  one  half  on 
November  first  in  the  year  nineteen  hundred  and  forty-four. 

Approved  June  1,  19^3. 


Resolve   providing    for   the   compiling,    printing   and  QJidjy    26 

DISTRIBUTION     OF     THE     LAWS     OF     THE     COMMONWEALTH 
RELATING    TO    VETERANS    AND    THEIR    ORGANIZATIONS. 

Resolved,  That  the  state  secretary  shall  cause  the  laws  of 
the  commonwealth,  including  those  enacted  in  the  current 
year,  relating  to  veterans,  and  to  their  organizations,  to  be 
compiled,  indexed  and  annotated,  and  shall  cause  to  be 
printed  in  pamphlet  form  an  edition  of  not  more  than  fifteen 
thousand  copies  of  such  compilation,  and  shall  distribute 
them  as  follows:  To  such  free  public  libraries  of  the  common- 
wealth as  the  state  secretary  shall  designate,  to  such  other 
free  public  libraries  as  shall  make  written  application  there- 
for, to  each  post,  camp  or  other  organization  of  such  veterans 
within  the  commonwealth,  and  to  the  national  headquarters 
of  such  organizations,  one  copy  each;  to  the  headquarters 
of  the  Massachusetts  Department  of  the  Grand  Army  of  the 
Repubhc,  The  American  Legion,  the  United  Spanish  War 
Veterans  and  the  Veterans  of  Foreign  Wars  of  the  United 
States  and  the  Disabled  American  Veterans  of  the  World 
War,  not  exceeding  one  hundred  copies  each.  The  remaining 
copies  shall  be  distributed  by  the  state  secretary  in  the  man- 
ner provided  for  the  distribution  of  public  documents.  To 
carry  out  the  provisions  of  this  resolve,  the  state  secretary 
may  expend  such  amount,  not  exceeding  one  thousand  dol- 
lars, as  the  general  court  may  appropriate. 

Approved  June  1,  1943. 


Resolve   providing   for  a  survey   by  the  division  of  Chap.   27 

PERSONNEL  AND  STANDARDIZATION  WITH  RESPECT  TO 
RULES  AND  REGULATIONS  APPLICABLE  TO  CERTAIN  EM- 
PLOYEES OF  THE  COMMONWEALTH  WHO  ARE  REQUIRED  TO 
WORK    ON   HOLIDAYS. 

Resolved,  That  the  division  of  personnel  and  standardiza- 
tion is  hereby  directed  to  make  a  survey  with  respect  to 
employees  of  the  commonwealth,  other  than  those  employed 
by  the  day,  who  are  required  to  work  on  holidays,  with  a 
view  to  the  adoption,  to  take  effect  at  the  termination  of 
the  existing  states  of  war  between  the  United  States  and 
any  foreign  country,  of  rules  and  regulations  providing  for 
compensating  such  employees  by  the  granting  of  days 
off  or  otherwise  for  such  holiday  work,  having  particularly 
in  mind  those  departments  in  which  certain  employees 
regularly  have  holidays  off  duty  and  others  by  reason  of  the 
nature  of  their  work  or  otherwise  do  not  have  holidays  off 


812  Resolves,  1943.  —  Chaps.  28,  29. 

duty.  Said  division  in  making  its  survey  shall  consider 
the  subject-matter  of  current  house  documents  five  hundred 
and  eighteen  and  five  hundred  and  twenty-one.  It  shall 
report  its  recommendations  hereunder  to  the  commission 
on  administration  and  finance.        Approved  June  1,  1943. 


Chap.   28  Resolve  in  favor  of  the  town  of  natick. 

Resolved,  That,  subject  to  appropriation,  there  shall  be 
allowed  and  paid  out  of  the  state  treasury  to  the  town  of 
Natick  the  sum  of  four  hundred  and  seventeen  dollars  and 
twenty  cents,  being  the  amount  paid  by  said  town  to  the 
commonwealth  from  the  proceeds  of  a  sum  of  money  re- 
covered by  said  town  from  the  estate  of  Bessie  Davis  for 
old  age  assistance  furnished  to  said  Bessie  Davis  during  her 
lifetime,  which  sum  of  money  said  town  was  later  required, 
through  court  proceedings,  to  repay  to  said  estate.  No 
payment  shall  be  made  hereunder  to  any  party  entitled 
thereto  until  such  party  shall  have  signed  and  filed  with  the 
comptroller  an  agreement  that  the  amount,  if  any,  paid 
or  to  be  paid  for  legal  services  in  connection  with  the  passage 
of  this  resolve  shall  not  exceed  ten  per  cent  of  the  sum  so 
payable  to  such  party.  Approved  June  2,  1943. 


Chap.  29  Resolve  providing  for  the  payment  by  the  common- 
wealth OF  CERTAIN  OBLIGATIONS  INCURRED  BY  A  CER- 
TAIN UNIT  OF  THE  MASSACHUSETTS  NATIONAL  GUARD. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth  in  the  premises,  and  subject 
to  appropriation,  there  shall  be  paid  from  the  treasury  of  the 
commonwealth  to  the  estate  of  Carleton  H.  Parsons  and  to 
the  estate  of  Arthur  E.  Herrick,  both  formerly  of  Gloucester, 
the  sum  of  one  hundred  and  ninety  dollars  and  twenty-four 
cents  each,  to  the  estate  of  Arthur  B.  Sewall,  formerly  of 
Rockport,  the  sum  of  one  hundred  and  ninety  dollars  and 
twenty-five  cents,  and  to  Clarence  Birdseye  of  Gloucester 
the  sum  of  one  thousand  two  hundred  and  twenty-nine  dol- 
lars and  twenty-seven  cents,  as  reimbursement  for  obliga- 
tions incurred  by  said  persons  in  the  payment  of  certain 
notes  signed  by  Battery  A,  one  hundred  and  second  regiment, 
field  artillery,  Massachusetts  national  guard,  as  security  for 
money  loaned  to  said  battery  for  expenses  incurred  for  im- 
provements to  the  state  armory  in  Gloucester.  No  payment 
of  any  sum  shall  be  made  hereunder  to  any  person  entitled 
thereto  until  such  person  shall  have  signed  and  filed  with  the 
comptroller  an  agreement  that  the  amount,  if  any,  paid  or 
to  be  paid  by  him  for  legal  services  rendered  in  connection 
with  the  passage  of  this  resolve  shall  not  exceed  ten  per  cent 
of  the  sum  payable  to  him  hereunder. 

Approved  June  2,  1943. 


Resolves,  1943.  —  Chaps.  30,  31,  32.  813 


Resolve  authorizing  the  art  commission  to  provide  Chap.   30 

CERTAIN   TEMPORARY   MEMORIALS   IN   THE   STATE   HOUSE. 

Resolved,  That  the  art  commission  be  authorized  to  provide 
suitable  temporary  memorials  to  Colonel  Thomas  Cass  and 
the  officers  and  men  of  the  Ninth  Regiment  of  Infantry, 
Massachusetts  Volunteers,  and  the  members  of  the  Massa- 
chusetts state  guard  who  served  in  such  state  guard  during 
the  period  between  April  fifteenth,  nineteen  hundred  and 
seventeen  and  December  twenty-first,  nineteen  hundred  and 
nineteen.  For  said  purpose  the  art  commission  may  expend 
such  sums  as  may  hereafter  be  appropriated. 

Approved  June  3,  194S. 


Resolve  providing  for  an  investigation  by  the  judi-  Chap.   31 

CIAL    council    relative    TO    THE    GIVING    OF    NOTICE    OF 
ACCIDENTS    CAUSED    BY    DEFECTS    IN    WAYS   AND    PREMISES. 

Resolved,  That  the  judicial  council  is  hereby  requested  to 
consider  the  subject  matter  of  current  house  document  num- 
bered seventy-two,  relative  to  the  giving  of  notice  of  acci- 
dents caused  by  defects  in  ways  and  premises,  and  to  include 
its  conclusions  and  its  n^commendations,  if  any,  in  relation 
thereto,  with  drafts  of  such  legislation  as  may  be  necessary 
to  give  effect  to  the  same,  in  its  annual  report  for  the  year 
nineteen  hundred  and  forty-four. 

Approved  June  3,  1943. 


Resolve  providing  for  the  payment  from  the  state  Chav    32 

TREASURY  OF  THE  BALANCE  OF  THE  ESTATE  OF  THE 
LATE  NELLIE  SULLIVAN,  WHICH  ESTATE  ESCHEATED  TO 
THE    COMxMONWEALTH. 

Resolved,  That,  subject  to  appropriation,  there  be  allowed 
and  paid  from  the  state  treasury,  under  the  direction  of  the 
attorney  general,  to  the  heirs  at  law  or  next  of  kin  of  Nellie 
Sullivan,  who  died  in  the  city  of  Boston  in  May  or  June, 
nineteen  hundred  and  twenty-eight,  or  to  their  lawful  repre- 
sentatives, such  sum,  if  any,  as  may  be  found  by  the  attorney 
general  to  have  been  paid  into  said  treasury  as  the  balance 
of  the  assets  belonging  to  the  estate  of  said  NeUie  Sullivan, 
under  section  ten  of  chapter  one  hundred  and  ninety-four 
of  the  General  Laws,  or  corresponding  provision  of  earlier 
law,  notwithstanding  the  expiration  of  the  time  limited  under 
said  section  for  the  recovery  of  such  sum.  No  payment  shall 
be  made  hereunder  until  there  shall  have  been  filed  with  the 
comptroller  an  agreement  signed  by  the  heirs  at  law  or  next 
of  kin  of  said  Nellie  Sullivan,  or  their  respective  lawful  repre- 
sentatives, that  the  amount,  if  any,  paid  or  to  be  paid  for 
legal  services  rendered  in  connection  with  the  passage  of  this 
resolve  shall  not  exceed  ten  per  cent  of  the  sum  payable  to 
them.  ^  Approved  June  3,  1943. 


814  Resolves,  1943.  —  Chaps.  33,  34,  35. 


Chap.   33  Resolve  relative  to  the  observance  during  the  year 

NINETEEN  HUNDRED  AND  FORTY-FOUR  OF  THE  THREE 
HUNDREDTH  ANNIVERSARY  OF  THE  ESTABLISHMENT  IN 
DEDHAM  OF  THE  FIRST  FREE  PUBLIC  SCHOOL  IN  AMERICA 
SUPPORTED   WHOLLY   BY   PUBLIC  TAXATION. 

Whereas,  During  the  year  nineteen  hundred  and  forty- 
four  will  occur  the  three  hundredth  anniversary  of  the  estab- 
lishment in  Dedham  of  the  first  free  public  school  in  America 
supported  wholly  b}^  public  taxation;   and 

Whereas,  A  committee  has  been  formed  in  said  town  to 
commemorate  suitably  said  anniversary;    and 

Whereas,  It  is  highly  fitting  that  the  commonwealth 
should  participate  in  the  celebration  of  that  historical  event; 
therefore  be  it 

Resolved,  That  the  governor  is  hereby  requested  to  issue 
a  proclamation  commemorative  of  the  establishment  of  said 
school,  and  to  provide  for  the  representation  of  the  com- 
monwealth at  any  celebration  of  said  anniversary  in  said 
town.  Approved  June  S,  19^3. 


Chap.   34     Resolve  in  favor  of  james  m.  hajjar  of  Lawrence. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth  and  of  promoting  the  pub- 
lic good,  and  after  an  appropriation  has  been  made  therefor, 
there  be  allowed  and  paid  out  of  the  state  treasury  the  sum 
of  one  thousand  five  hundred  dollars  to  James  M.  Hajjar  of 
Lawrence,  as  full  compensation  for  injuries  sustained  by  him 
on  August  twenty-ninth,  nineteen  hundred  and  forty-two, 
while  in  the  performance  of  military  duty  with  C  company, 
twenty-fourth  infantry,  Massachusetts  state  guard.  Said 
compensation  shall  be  paid  in  twenty-five  monthly  install- 
ments of  sixty  dollars  each,  beginning  July  first  in  the  cur- 
rent year.  No  payment  shall  be  made  hereunder  until  said 
Hajjar  shall  have  signed  and  filed  with  the  comptroller  an 
agreement  that  the  amount,  if  any,  paid  or  to  be  paid  for 
legal  services  rendered  in  connection  with  the  passage  of  this 
resolve  shall  not  exceed  ten  per  cent  of  the  sum  so  payable 
to  him.  Approved  June  5,  1943. 

Chap.  35  Resolve  reviving  and  continuing  the  special  commis- 
sion TO  investigate  relative  TO  railroad  transpor- 
tation facilities  within  the  commonwealth. 

Resolved,  That  the  unpaid  special  commission,  established 
by  chapter  sixty-four  of  the  resolves  of  nineteen  hundred  and 
thirty-nine,  is  hereby  revived  and  continued  for  the  purpose 
of  continuing  its  investigation  relative  to  transportation  fa- 
cilities within  the  commonwealth.  Said  commission  shall,  in 
the  course  of  its  investigation,  confer  and  co-operate  with 
such  agencies  of  the  commonwealth  or  sn^y  political  subdi- 


Resolves,  1943.  —  Chaps.  36,  37.  815 

vision  thereof,  and  with  such  civic  and  other  associations  or 
organizations,  as  may  be  engaged  in  making  an  investiga- 
tion and  study  of  said  railroad  facihties  for  the  purpose  of 
co-ordinating  the  activities  of  said  agencies,  associations  and 
organizations  in  carrying  out  said  investigations  and  studies. 
The  commission  shall  also  study  the  subject  matter  of  cur- 
rent house  document  number  five  hundred  and  eighty.  Said 
commission  may  call  upon  the  department  of  public  utilities 
and  other  departments,  boards,  commissions  and  officers  of 
the  commonwealth  for  such  information  as  it  may  desire  in 
the  course  of  its  investigation.  Said  commission  shall  be 
provided  with  quarters  in  the  state  house  or  elsewhere,  shall 
hold  public  hearings,  shall  have  the  power  to  summon  wit- 
nesses and  to  require  the  production  of  books,  records,  con- 
tracts and  papers  and  the  giving  of  testimony  under  oath, 
and  may  expend  for  expert,  clerical  and  other  services  and 
expenses  such  sums,  not  exceeding,  in  the  aggregate,  seventy- 
five  hundred  dollars  as  may  hereafter  be  appropriated  there- 
for. Said  commission  shall  make  a  supplementary  report  to 
the  general  court  of  the  results  of  its  investigation  and  its 
recommendations,  if  any,  together  with  drafts  of  legislation 
necessary  to  carry  its  recommendations  into  effect,  by  filing 
the  same  with  the  clerk  of  the  house  of  representatives  as 
soon  as  may  be,  but  in  any  event,  not  later  than  the  first 
Wednesday  of  November,  nineteen  hundred  and  forty-four. 
Said  commission  shall,  at  the  time  of  filing  its  supplemen- 
tary report  with  the  clerk  of  the  house  of  representatives  as 
aforesaid,  file  a  copy  thereof  with  the  governor. 

Approved  June  5,  1943. 


Chap.  36 


Resolve  validating  the  acts  of  mart  catena  loverme 
as  a  notary  public. 

Resolved,  That  the  acts  of  Mary  Catena  LoVerme  of  Med- 
ford,  formerly  of  Boston,  as  a  notarj'  public,  between  August 
twenty-sixth,  nineteen  hundred  and  forty-two,  and  May 
twenty-sixth,  nineteen  hundred  and  forty-three,  both  dates 
inclusive,  are  hereby  confirmed  and  made  valid  to  the  same 
extent  as  if  during  said  time  she  had  been  qualified  to  dis- 
charge the  duties  of  said  office.        Approved  June  7,  1943. 


Resolve  in  favor  of  william  l.  searle  of  concord.      Chav    37 

Resolved,  That  for  the  purpose  of  discharging  a  moral  obli- 
gation of  the  commonwealth  in  the  premises  and  after  an  ap- 
propriation has  been  made  therefor  there  be  allowed  and  paid 
out  of  the  treasury  of  the  commonwealth  to  William  L.  Searle 
of  Concord,  who  served  the  commonwealth  faithfully  and  is 
now  permanently  disabled  for  further  performance  of  duty 
on  account  of  injury  sustained,  while  in  the  performance  of 
duties  as  a  guard  at  the  Massachusetts  reformatory,  by  rea- 
son of  being  assaulted  by  certain  inmates  of  said  reformatory, 


816  Resolves,  1943.  —  Chap.  38. 

an  annuity  equal  to  three  fourths  the  salary  received  by  him 
during  the  last  year  of  his  active  service.  Said  annuity  shall 
be  payable  in  equal  monthly  installments  from  and  after  the 
period  covered  by  chapter  fifty-six  of  the  resolves  of  nine- 
teen hundred  and  thirty-nine  and  shall  cease  upon  the  de- 
cease of  said  Searle.  No  payment  shall  be  made  hereunder 
until  there  shall  have  been  filed  with  the  comptroller  an 
agreement  signed  by  William  L.  Searle  that  the  amount,  if 
any,  paid  or  to  be  paid  for  legal  services  rendered  in  con- 
nection with  the  passage  of  this  resolve  shall  not  exceed  ten 
per  cent  of  said  sum.  Approved  June  7, 1943. 

Chap.   38  Resolve  providing  for  an  investigation  and  study  bv 

A  SPECIAL  commission  RELATIVE  TO  THE  OLD  AGE  ASSIST- 
ANCE LAW,  SO  CALLED,  AND  CERTAIN  RELATED  MATTERS. 

Whereas,  The  laws  relating  to  old  age  assistance,  so  called, 
its  benefits  and  administration,  federal,  state  and  local,  both 
jointly  and  separately,  are  of  continuing  interest  and  im- 
portance to  the  committee  on  pensions  and  the  members  of 
the  general  court;  and 

Whereas,  It  is  the  opinion  of  the  committee  on  pensions 
that  the  main  cause  of  complaints  as  to  the  inadequacy  or 
inequality  of  assistance  under  the  old  age  assistance  law,  so 
called,  is  the  result  of  defects  in  administration  of  the  law 
rather  than  legal  defects;   and 

Whereas,  There  is  considerable  doubt  as  to  whether  or  not 
aid  to  the  blind  should  be  handled  by  the  state  department 
of  public  welfare  rather  than  the  state  department  of  educa- 
tion; and 

Whereas,  Certain  changes  are  recommended  in  the  old 
age  assistance  law,  so  called,  and  the  results  of  such  changes 
should  be  closely  observed  during  the  next  two  years;   and 

Whereas,  It  is  the  feeling  that  much  of  the  administra- 
tion weakness  stems  from  lack  of  proper  organization  within 
the  department  with  too  much  of  a  burden  upon  the  commis- 
sioner of  public  welfare;   therefore  be  it 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  and  three  persons  to  be 
appointed  by  the  governor,  is  hereby  established  for  the  pur- 
pose of  reviewing  the  operation  of  the  old  age  assistance  law, 
so  called,  with  particular  emphasis  on  recent  changes,  with  a 
view  to  determining  the  advisability  or  necessity  of  revising 
or  liberalizing  said  law,  particularly  with  reference  to  eligi- 
bility requirements  as  to  age,  amount  of  payments,  resources 
of  applicants,  support  of  aged  persons  by  their  children,  sepa- 
ration of  boards  of  public  welfare  from  bureaus  of  old  age 
assistance,,  benefits  to  the  blind  and  to  crippled  and  totally 
disabled  persons,  the  financing  of  said  law,  and  related  mat- 
ters. In  addition,  the  commission  shall  study  the  desirability 
of  a  reorganization  of  the  department  of  public  welfare,  the 


Resolves,  1943.  —  Chap.  39.  817 

transfer  of  aid  to  the  blind  from  the  department  of  education 
to  the  department  of  pubUc  welfare,  and  whether  or  not 
there  is  a  need  for  a  deputy  commissioner  with  full  adminis- 
trative authority  over  old  age  assistance,  so  called,  and  any 
and  all  matters  pertaining  to  such  assistance.  Said  commis- 
sion may  expend  for  clerical  and  other  assistance  and  ex- 
penses such  sums,  not  exceeding,  in  the  aggregate,  two  thou- 
sand dollars,  as  may  hereafter  be  appropriated  therefor.  Said 
commission  shall  be  provided  with  quarters  in  the  state  house 
or  elsewhere,  may  hold  hearings,  may  require  by  summons 
the  attendance  and  testimony  of  witnesses  and  the  produc- 
tion of  books  and  papers.  The  commission  shall  report  to 
the  general  court  the  results  of  its  investigations  and  its  rec- 
ommendations, if  any,  together  with  drafts  of  legislation  nec- 
essary to  carry  its  recommendations  into  effect,  by  filing  one 
or  more  reports  with  the  clerk  of  the  house  of  representatives 
at  such  time  or  times  as  the  commission  may  elect;  pro- 
vided, that  the  commission  shall  so  file  its  final  report  not 
later  than  the  first  Wednesday  of  November  in  the  year  nine- 
teen hundred  and  forty-four.  Approved  June  8,  1943. 

Resolve  providing  for  an  investigation  by  a  special  (Jfidj)    39 

COMMISSION  relative  TO  THE  MATTER  OF  DISCRIMINA- 
TION  AGAINST  PERSONS  IN  EMPLOYMENT  BECAUSE  OF 
THEIR    RACE,    COLOR,    RELIGION    OR   NATIONALITY. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  and  three  persons  to  be 
appointed  by  the  governor,  is  hereby  established  to  investi- 
gate the  matter  of  discrimination  against  persons  in  employ- 
ment because  of  their  race,  color,  religion  or  nationality,  and 
to  make  such  studies  within  the  spirit  of  this  resolve  as  shall 
be  helpful  in  abolishing  such  discrimination.  In  making  said 
investigation,  said  commission  shall  consider  the  report  of 
the  Massachusetts  commission  on  the  employment  problems 
of  negroes  referred  to  in  current  house  document  numbered 
two  hundred  and  sixteen,  and  shall  consider  the  subject  mat- 
ter of  current  senate  documents  numbered  two  hundred  and 
twenty-two,  iwo  hundred  and  twenty-three,  and  current 
house  documents  numbered  four  hundred  and  forty-four, 
four  hundred  and  forty-five,  four  hundred  and  forty-six  and 
four  hundred  and  forty-seven.  Said  commission  shall  hold 
hearings,  shall  be  provided  with  quarters  in  the  state  house 
or  elsewhere  and  shall  have  power  to  summon  witnesses,  re- 
quire the  production  of  books,  records,  contracts  and  papers, 
and  require  the  giving  of  testimony  under  oath.  Said  com- 
mission may  expend  for  expenses  and  legal,  clerical  and  other 
assistance  such  sums,  not  exceeding,  in  the  aggregate,  one 
thousand  dollars,  as  may  hereafter  be  appropriated.  Said 
commission  shall  report  to  the  general  court  the  results  of 
its  investigation  and  its  recommendations,  if  any,  together 


818  Resolves,  1943.  —  Chaps.  40,  41,  42. 

with  drafts  of  legislation  necessary  to  carry  said  recommen- 
dations into  effect,  by  filing  the  same  with  the  clerk  of  the 
house  of  representatives  not  later  than  the  first  Wednesday 
of  November  in  the  year  nineteen  hundred  and  forty-four. 

Approved  June  8,  19 43. 

Chap.   40  Resolve   providing   for  a   study  and   survey   by  the 

METROPOLITAN    DISTRICT    COMMISSION    AND    THE    DEPART- 
MENT  OF   PUBLIC    HEALTH    OF   THE   NEPONSET   RIVER, 

Resolved,  That  the  metropolitan  district  commission  and 
the  department  of  public  health,  acting  as  a  joint  board,  are 
hereby  authorized  and  directed  to  make  a  complete  survey 
and  study  of  the  Neponset  river  with  a  view  to  preparing 
plans  and  specifications  for  the  improvement  and  beautifi- 
cation  of  both  banks  of  said  river,  with  special  attention  be- 
ing given  to  the  recreational  potentialities  of  the  improved 
area,  and  for  eliminating  and  preventing  the  pollution  of 
said  river. 

Said  joint  board  shall  report  to  the  general  court  the  re- 
sults of  its  survey  and  study,  and  its  recommendations,  if 
any,  together  with  estimates  of  cost  and  draf^/S  of  legislation 
necessary  to  carry  such  recommendations  into  effect,  by  fil- 
ing the  same  with  the  clerk  of  the  house  of  representatives 
on  or  before  the  first  Wednesday  of  November  in  the  year 
nineteen  hundred  and  forty-four. 

Approved  June  8,  1943. 

Chap.   41  Resolve  providing  for  a  survey  by  the  division  of 

PERSONNEL  AND   STANDARDIZATION   WITH  RESPECT  TO   THE 
CLASSIFICATION    OF   SOCIAL    WORKERS. 

Resolved,  That  the  division  of  personnel  and  standardiza- 
tion is  hereby  directed  to  make  a  survey  with  respect  to  the , 
classification  of  social  workers  with  particular  reference  to 
the  question  of  an  intermediate  classification  between  that 
of  social  worker  and  that  of  head  social  worker  to  cover  those 
social  workers  who  are  not  under  the  immediate  supervision 
of  a  head  social  worker,  but  to  whom  special  responsibilities 
are  assigned.  Said  division,  in  making  its  survey,  shall 
consider  the  subject  matter  of  current  senate  document  num- 
bered four  hundred  and  ninety-six.  It  shall  report  its  rec- 
ommendations hereunder  to  the  commission  on  administra- 
tion and  finance.  Approved  June  9,  1943. 

Chap.  42  Resolve  in  favor  of  the  sister  of  the  late  john  q. 

KNOWLES. 

Resolved,  That,  for  the  purpose  of  promoting  the  public 
good,  there  be  allowed  and  paid  out  of  the  state  treasury  to 
the  sister  of  the  late  John  Q.  Knowles,  who  died  while  a 
member  of  the  present  house  of  representatives,  the  balance 
of  the  salary  to  which  he  would  have  been  entitled  for  the 


Resolves,  1943.  —  Chaps.  43,  44.  819 

current  session  had  he  Hved  and  served  until  the  end  of  said 
session.  Said  sum  shall  be  paid  from  the  amount  appro- 
priated by  item  0101-03  of  section  two  of  chapter  sixty-eight 
of  the  acts  of  the  current  year.  Approved  June  9,  1943. 

Resolve  in  favor  of  the  widow  of  the  late  nelson  b.  (JhuV-   43 

CROSBY. 

Resolved,  That,  for  the  purpose  of  promoting  the  public 
good,  there  be  allowed  and  paid  out  of  the  state  treasury  to 
the  widow  of  the  late  Nelson  B.  Crosby,  who  died  while  a 
member  of  the  present  house  of  representatives,  the  balance 
of  the  salary  to  which  he  would  have  been  entitled  for  the 
current  session  had  he  lived  and  served  until  the  end  of  said 
session.  Said  sum  shall  be  paid  from  the  amount  appropri- 
ated by  item  0101-03  of  section  two  of  chapter  sixty-eight 
of  the  acts  of  the  current  year.        Approved  June  9,  1943. 

Resolve  providing  for  a  study  by  a  special  commission  Chav.   4:4: 
relative  to  the  law^s  of  the  commonwealth  relat- 
ing TO  fraternal  benefit  societies. 

Whereas,  Many  difficulties  have  arisen  with  reference  to 
fraternal  benefit  societies  because  of  recent  court  decisions 
concerning  practices  followed  by  such  organizations  under 
existing  laws  for  many  years;  and 

Whereas,  It  has  proved  impossible  to  solve  the  problems 
relating  to  such  societies  in  the  fimited  time  available  be- 
cause of  their  complicated  nature  and  far  reaching  effect;  and 

Whereas,  It  is  desirable  to  maintain  the  status  quo  until 
such  time  as  a  thorough  study  has  been  made  with  a  view 
to  promulgating  remedial  and  protective  legislation;  there- 
fore be  it 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  the  commissioner  of  in- 
surance or  a  member  of  his  department  designated  by  him, 
and  two  persons  to  be  appointed  by  the  governor,  with  the 
advice  and  consent  of  the  council,  is  hereby  established  for 
the  purpose  of  making  a  study  of  the  laws  of  the  common- 
wealth relative  to  fraternal  benefit  societies,  with  a  view  to 
making  such  changes  in  said  laws  and  additions  thereto  as 
may  be  necessary  for  the  best  interests  of  the  public.  In 
making  its  study  hereunder,  said  commission  shall  consider 
the  subject  matter  of  current  house  documents  numbered 
sixty-six,  sixty-eight,  two  hundred  and  twenty,  two  hundred 
and  twenty-one,  eight  hundred  and  eight,  eight  hundred  and 
sixteen  and  eight  hundred  and  seventeen.  Said  commission 
may  expend  for  clerical  and  other  services  and  expenses  such 
sums,  not  exceeding,  in  the  aggregate,  two  thousand  dollars, 
as  may  hereafter  be  appropriated  therefor.  Said  commission 
shall  report  to  the  general  court  the  results  of  its  study,  and 


820  Resolves,  1943.  —  Chap.  45. 

its  recommendations,  if  any,  together  with  drafts  of  legisla- 
tion necessary  to  carry  said  recommendations  into  effect,  by 
filing  the  same  with  the  clerk  of  the  house  of  representatives 
on  or  before  the  first  Wednesday  of  November  in  the  year 
nineteen  hundred  and  forty-four. 

Approved  June  9,  194S. 

Chap.  45  Resolve  providing  for  an  investigation  and  study  by 

A  SPECIAL  COMMISSION  OF  THE  LAWS  GOVERNING  ASSESS- 
MENT OF  TAXES  ON  REAL  ESTATE,  THE  ABATEMENT  OF 
SUCH  TAXES,  AND  RELATIVE  TO  THE  FORM  OF  TAX  BILLS 
AND   NOTICES,   AND   TO    CERTAIN    RELATED    MATTERS. 

Whereas,  The  present  war  has  already  caused  fundamen- 
tal changes  in  our  economic  structure,  and 

Whereas,  Already  there  is  apparent  the  need  for  a  broad 
reconsideration  of  revenue  sources  for  public  purposes,  and 

Whereas,  Real  estate  taxation  still  continues  to  be  the 
largest  source  of  such  revenue  in  Massachusetts,  and 

Whereas,  Federal  rent  ceilings  set  a  limit  on  income  from 
real  estate  holdings,  while  no  such  limit  is  placed  on  taxes^ 
and 

Whereas,  Rationing  and  price  control  are  gradually  taking 
millions  of  dollars  out  of  our  tax  structure  through  the  clos- 
ing of  manufacturing  plants  and  wholesale  and  retail  outlets 
considered  non-essential  to  the  war  effort,  and 

Whereas,  The  real  estate  assessment  process  followed  in 
Massachusetts  has  demonstrated  inequalities  in  peace  time 
and  has  shown  even  greater  weaknesses  under  war  condi- 
tions, making  it  evident  that  but  a  small  percentage  of  prop- 
erty is  assessed  on  "a  fair  cash  value",  therefore  be  it 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  one  member  of  the  senate,  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives, 
to  be  designated  by  the  speaker  thereof  and  three  persons 
to  be  appointed  by  the  governor,  is  hereby  established  for 
the  purpose  of  making  an  investigation  and  study  of  the 
laws  and  practices  governing  real  estate  taxation,  the  possi- 
bility of  establishing  further  provisions  of  law  for  review  of 
valuations,  the  abatement  of  taxes  and  appeal  from  refusals 
of  assessors  to  abate,  the  advisability  of  a  form  of  tax  limi- 
tation upon  real  estate,  and  to  recommend  such  changes  in 
the  laws  and  city  and  town  practices  as  may  be  necessary  or 
desirable  to  place  real  estate  assessment  in  the  cities  and 
towns  on  an  equitable  basis,  and  to  give  study  to  the  matter 
of  selecting  assessors  and  requirements  to  be  placed  on  cities 
and  towns  as  to  properly  implementing  the  assessing  prac- 
tices of  such  cities  and  towns  so  that  real  estate  will  not  bear 
an  unfair  and  unreasonable  share  of  the  tax  burden.  Said 
commission  in  making  its  investigation  and  study  hereunder 
may  call  upon  officers  of  the  commonwealth  and  its  political 
subdivisions  for  such  information  as  it  may  desire.  In  such 
investigation  and  study  it  shall  consider  the  subject  matter 


Resolves,  1943.  —  Chap.  46.  821 

of  current  senate  document  numbered  three  hundred  and 
seven,  relative  to  legislation  to  make  certain  changes  with 
respect  to  the  form  of  tax  bills  and  notices,  current  senate 
document  numbered  three  hundred  and  twelve,  relative  to 
legislation  to  make  certain  corrective  changes  with  respect 
to  valuation  of  property  for  local  taxes  and  with  respect  to 
abatements  of  such  taxes,  of  current  house  document  num- 
bered seven  hundred  and  six,  relative  to  limitation  of  appro- 
priations by  cities,  and  of  current  senate  document  num- 
bered four  hundred  and  thirty-two,  relative  to  providing  for 
an  investigation  and  study  of  the  laws  governing  the  assess- 
ment of  real  estate  and  the  equality  thereof.  It  shall  be 
provided  with  quarters  in  the  state  house  or  elsewhere,  shall 
have  the  power  to  summon  witnesses  and  to  require  the  pro- 
duction of  books,  records  and  papers,  and  the  giving  of  testi- 
mony under  oath,  and  it  may  hire  technical  assistance  and 
may  spend  for  clerical  and  other  services  and  expense  such 
sums,  not  exceeding,  in  the  aggregate,  twenty  thousand  dol- 
lars, as  may  hereafter  be  appropriated  therefor,  of  which 
sum  not  more  than  one  thousand  dollars  shall  be  expended  for 
clerical  services  and  expenses  other  than  technical  services. 
Said  commission  shall*  report  to  the  general  court  the  result 
of  its  investigation  and  study  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 
into  effect  its  recommendations  in  so  far  as  they  relate  to 
changes  in  the  laws  of  this  commonwealth,  by  filing  same 
with  the  clerk  of  the  house  of  .representatives  as  soon  as  may 
be,  but  not  later  than  the  first  Wednesday  of  November  in 
the  year  nineteen  hundred  and  forty-four. 

Approved  June  9,  194S. 


Resolve   providing   for  a  special   unpaid    commission  (Jfidr)    46 
TO  consider  and  recommend  a  post-war  program  of 
highway  projects  throughout  the  commonwealth. 

Resolved,  That  an  unpaid  special  commission,  to  be  known 
as  the  Post-war  Highway  Commission  and  hereinafter  re- 
ferred to  as  the  commission,  consisting  of  two  members  of 
the  senate  to  be  designated  by  the  president  thereof,  five 
members  of  the  house  of  representatives  to  be  designated  by 
the  speaker  thereof,  one  person  to  be  appointed  by  the  gov- 
ernor, the  commissioner  of  public  works,  the  mayor  of  the 
city  of  Boston  or  a  person  appointed  by  him,  and  the  chair- 
man of  the  metropolitan  district  commission  or  a  person 
appointed  by  him,  is  hereby  established  for  the  purpose  of 
making  a  study  of  such  highway  projects  throughout  the 
commonwealth  as  may,  in  its  opinion,  be  necessary  or  ad- 
visable to  be  carried  out  after  the  termination  of  the  present 
war,  with  a  view  to  recommending  a  post-war  program  of 
highway  and  traffic  improvements.  The  commission,  in 
carrying  out  its  study  hereunder,  shall  consider,  with  respect 
to  each  highway  project  which  it  may  deem  necessary  or 
advisable  for  inclusion  in  such  a  program,  as  to  whether 


822  Resolves,  1943.  —  Chap.  46. 

public  convenience  requires  the  construction  or  carrying  out 
thereof,  and,  if  so,  it  shall  determine  as  to  said  project  (1)  the 
probable  cost ;  (2)  how  the  cost  of  said  improvement,  and  of 
land  takings,  if  necessary,  therefor,  should  be  apportioned; 
(3)  by  whom  said  improvement  should  be  made;  and  (4)  by 
whom  said  improvement  should  be  maintained  upon  its 
completion. 

The  commission,  within  thirty  days  after  the  appointment 
of  the  members  thereof,  shall  transmit  to  the  state  depart- 
ment of  public  works  a  list  of  post-war  projects  designed  to 
relieve  or  eliminate  traffic  congestion  in  the  commonwealth, 
and  may  supplement  such  list  at  such  later  dates  as  it  may 
determine.  Said  department,  for  the  purpose  of  determin- 
ing the  projects  to  be  planned  under  this  paragraph,  may, 
with  the  approval  of  the  governor,  omit  or  modify  any  of 
said  projects  or  add  thereto  other  post-war  projects  designed 
to  relieve  such  traffic  congestion;  and  said  department  shall, 
as  promptly  as  possible,  prepare  plans,  specifications,  detail 
of  location  and  amount  of  necessary  land  takings  or  acquisi- 
tions, detailed  cost  of  estimates,  and  all  other  things  neces- 
sary or  proper  as  a  prerequisite  to  the  actual  construction  of 
the  projects  so  determined.  Said  department  shall  report 
in  detail  to  the  commission,  on  or  before  October  first,  nine- 
teen hundred  and  forty-four,  the  material  so  prepared  and 
its  recommendations  in  regard  thereto. 

For  the  purpose  of  carrjdng  out  the  provisions  of  this  re- 
solve, there  may  be  expended  by  the  commission  for  expenses 
and  clerical  and  other  assistance  such  sums,  not  exceeding, 
in  the  aggregate,  thirty  thousand  dollars,  as  may  be  appro- 
priated therefor  from  the  Highway  Fund. 

Notwithstanding  any  other  provision  of  law,  the  state 
department  of  public  works  may,  with  the  approval  of  the 
governor,  accept  on  behalf  of  the  commonwealth  and  expend 
smy  federal  funds  which  may  hereafter  be  made  available 
for  financing  the  cost  of  activities  in  connection  with  the 
preparation  of  a  program  of  post-war  highway  construction. 
Authority  to  make  application  for  such  federal  funds  is 
hereby  granted  to  said  state  department  of  pubfic  works  or 
to  such  other  agency  of  the  commonwealth  as  the  governor 
may  designate. 

The  commission  shall  report  to  the  general  court  its  find- 
ings and  its  recommendations,  if  any,  together  with  drafts 
of  legislation  necessary  to  carry  such  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  on  or  before  the  first  Wednesday  of  Novem- 
ber in  the  year  nineteen  hundred  and  forty-four. 

Approved  June  10,  1943. 


Resolves,  1943.  —  Chaps.  47,  48,  49.  823 


Resolve  providing  for  an  investigation  by  the  com-  Chap.   47 

MISSION  ON  administration  AND  FINANCE  RELATIVE  TO 
CHANGING  THE  FISCAL  YEAR  OF  THE  METROPOLITAN  DIS- 
TRICT  COMMISSION. 

Resolved,  The  commission  on  administration  and  finance 
is  hereby  authorized  and  directed  to  make  an  investigation 
relative  to  changing  the  fiscal  year  of  the  metropolitan  dis- 
trict commission  to  conform  to  that  of  the  commonwealth. 
In  making  its  investigation,  said  commission  shall  consider 
so  much  of  the  message  of  the  governor,  printed  as  current 
house  document  numbered  eighteen  hundred  and  twenty- 
eight,  as  relates  to  the  subject  matter  of  this  resolve.  Said 
commission  shall  report  to  the  general  court  the  results  of 
its  investigation,  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  such  recommen- 
dations into  effect,  by  filing  the  same  with  the  clerk  of  the 
house  of  representatives  on  or  before  the  first  Wednesday  of 
November  in  the  year  nineteen  hundred  and  forty-four. 

Approved  June  10,  194S. 

Resolve  in  favor  of  frank  l.  gray  of  ashfield.       Chap.   48 

Resolved,  That,  for  the  purpose  of  discharging  a  moral  ob- 
ligation of  the  commonwealth  in  the  premises,  and  subject 
to  appropriation,  there  be  allowed  and  paid  out  of  the  state 
treasury  to  Frank  L.  Gray,  of  Ashfield,  the  sum  of  five  thou- 
sand dollars  on  the  effective  date  of  this  resolve  and  the 
further  sum  of  twelve  hundred  dollars  a  year  for  life  to  re- 
imburse him  for  the  loss  to  him  occasioned  by  reason  of  an 
error  by  a  state  employee  in  the  office  of  the  registrar  of 
motor  vehicles.  Said  reimbursement  shall  be  exempted  from 
all  taxes  imposed  by  the  commonwealth,  or  by  any  other 
government  in  so  far  as  this  commonwealth  may  so  provide. 
No  payment  shall  be  made  hereunder  until  there  shall  have 
been  filed  with  the  comptroller  an  agreement,  signed  by  said 
Frank  L.  Gray,  that  the  amount,  if  any,  paid  or  to  be  paid 
for  legal  services  rendered  in  connection  with  the  passage  of 
this  resolve  shall  not  exceed  ten  per  cent  of  the  sums  paid 
or  payable  hereunder.  Approved  June  10,  1943. 


Resolve  providing  for  a  further  investigation  by  a  Chap.   49 

SPECIAL  commission  RELATIVE  TO  THE  RETIREMENT  SYS- 
TEMS OF  THE  COMMONWEALTH  AND  OF  THE  POLITICAL 
SUBDIVISIONS    THEREOF. 

Resolved,  That  a  special  unpaid  commission,  consisting  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to 
be  designated  by  the  speaker  thereof,  and  three  persons  to 
be  appointed  by  the  governor,  is  hereby  established  for  the 
purpose  of  making  a  further  investigation  of  the  retirement 


824  Resolves,  1943.  —  Chap.  50. 

systems  of  the  commonwealth  and  the  poHtical  subdivisions 
thereof,  with  a  view  to  co-ordinating  said  systems  and  mak- 
ing such  other  changes  as  may  be  found  necessary  or  advis- 
able. For  such  purpose  said  commission  may  expend,  with 
the  approval  of  the  governor  and  council,  for  expenses  and 
for  expert,  actuarial  and  other  assistance  such  sums,  not 
exceeding,  in  the  aggregate,  fifteen  hundred  dollars,  as  may 
hereafter  be  appropriated  therefor.  Said  commission  shall 
consider,  among  other  matters,  the  subject  matter  of  current 
house  document  numbered  one  hundred  and  forty-five  and 
current  house  documents  numbered  fifteen  hundred  and 
thirty  and  sixteen  hundred  and  forty-six.  It  shall  also  in- 
vestigate and  study  the  desirability  of  a  change  in  the  basis 
of  contributory  retirement  systems  maintained,  in  whole  or 
in  part,  by  public  funds  and  the  possibility  or  desirability 
of  changing  such  basis  from  the  money  purchase  plan,  so 
called,  to  the  unit  purchase  plan,  so  called.  The  commission 
shall  also  give  special  study  to  the  present  pension  plan  for 
justices  of  the  courts,  with  a  view  to  determining  whether 
such  pensions  should  or  should  not  be  put  on  a  contributory 
basis.  In  carrying  out  its  investigation  and  study  hereunder 
the  commission  shall  also  consider  the  matter  of  retirement 
allowances  and  pensions  for  veterans  of  World  War  II,  so 
called,  and  shall  consider  the  subject  matter  of  current  senate 
documents  numbered  forty-six,  seventy,  seventy-two,  two 
hundred  and  ninety-three  and  two  hundred  and  forty-five, 
and  of  current  house  documents  numbered  one  hundred  and 
forty-five,  four  hundred  and  eighty-nine,  four  hundred  and 
ninety-five  and  eight  hundred  and  sixty.  Said  commission 
shall  report  to  the  general  court  its  findings,  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  such  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  on  or 
before  the  first  Wednesday  in  November  in  the  year  nine- 
teen hundred  and  forty-four.         Approved  June  10,  1948. 


Chap.   50  Resolve    establishing   a   special   commission   ^or   the 

PURPOSE  OF  MAKING  AN  INVESTIGATION  AND  STUDY  OF 
THE  LAWS  OF  THE  COMMONWEALTH  RELATING  TO  HOUS- 
ING  AND    OF   DRAFTING   A   HOUSING    LAW. 

Resolved,  That  a  special  unpaid  commission  consisting  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  five  persons  to  be  ap- 
pointed by  the  governor,  the  chairman  of  the  state  board  of 
housing,  the  commissioner  of  public  safety,  the  chairman  of 
the  state  planning  board  and  the  chief  sanitary  engineer  of 
the  state  department  of  public  health,  is  hereby  established 
for  the  purpose  of  inquiring  into  the  problem  of  housing, 
particularly  with  reference  to  the  laws  of  the  commonwealth 
relating  to  the  construction,  maintenance  and  use  of  places 
used  for  human  habitation,  with  a  view  to  revising  and  per- 


Resolves,  1943.  —  Chaps.  51,  52.  825 

fecting  the  same.  Said  commission  may  require  from  the 
several  departments,  boards,  commissions  and  officers  of  the 
commonwealth  such  information  as  it  may  desire  in  the 
course  of  its  investigations. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  hold  hearings,  may  require  by 
summons  the  attendance  and  testimony  of  witnesses  and 
the  production  of  books  and  papers;  and  may  expend  for 
necessary  assistance  and  expenses  such  sums,  not  exceeding, 
in  the  aggregate,  fifteen  hundred  dollars,  as  may  hereafter 
be  appropriated  therefor.  The  commission  shall  report  to 
the  general  court  the  results  of  its  investigations  and  its 
recommendations,  if  any,  together  with  drafts  of  legislation 
necessary  to  carry  its  recommendations  into  effect,  by  filing 
the  same  with  the  clerk  of  the  house  of  representatives  not 
later  than  the  first  Wednesday  of  November  in  the  year 
nineteen  hundred  and  forty-four. 

Approved  June  10,  1943. 


Resolve  in  favor  of  john  ganley  of  lynn.  Chav    51 

Resolved,  That,  for  the  purpose  of  discharging  the  moral 
obligation  of  the  commonwealth,  and  subject  to  appropria- 
tion, there  be  allowed  and  paid  from  the  state  treasury  to 
John  Ganley  of  Lynn,  who  was  injured  and  permanently  dis- 
abled on  August  twenty-third,  nineteen  hundred  and  twenty- 
five,  while  in  the  performance  of  duty  as  a  patrolman  in  the 
uniformed  division  of  the  state  police,  the  sum  of  five  thou- 
sand dollars  on  the  passage  of  this  resolve,  and  the  further 
sum  of  one  thousand  and  eighty  dollars  a  year  for  five  years 
thereafter.  Said  reimbursement  shall  be  exempted  from  all 
taxes  imposed  by  the  commonwealth,  or  by  any  other  gov- 
ernment in  so  far  as  this  commonwealth  may  so  provide. 
No  payment  shall  be  made  hereunder  until  there  shall  have 
been  filed  with  the  comptroller  an  agreement  signed  by  said 
John  Ganley  that  the  amount,  if  any,  paid  or  to  be  paid  for 
legal  services  rendered  in  connection  with  the  passage  of  this 
resolve  shall  not  exceed  ten  per  cent  of  the  amounts  paid  or 
payable  hereunder.  Approved  June  10,  194S. 


Resolve  in  favor  of  the  heirs  of  howard  murphy.    Chav.   52 

Resolved,  That  for  the  purpose  of  discharging  a  moral  ob- 
ligation of  the  commonwealth  and  after  an  appropriation 
has  been  made  therefor,  there  be  allowed  and  paid  out  of 
the  state  treasury  under  the  direction  of  the  attorney  gen- 
eral to  the  heirs  of  Howard  Murphy,  late  of  Taunton,  the 
sum  of  one  thousand  dollars,  as  full  compensation  for  the 
death  of  said  Murphy,  a  former  guard  at  the  State  Farm 
who  was  killed  January  first,  nineteen  hundred  and  forty- 
two,  by  an  inmate  thereof.  No  payment  shall  be  made  here- 
under until  there  shall  have  been  filed  with  the  comptroller 


826  Resolves,  1943.  —  Chaps.  53,  54,  55. 

an  agreement  signed  by  said  heirs  that  the  amount,  if  any, 
paid  or  to  be  paid  for  legal  services  rendered  in  connection 
with  the  passage  of  this  resolve  shall  not  exceed  ten  per  cent 
of  said  sum.  Approved  June  10,  1943. 


Chap.   53  Resolve  providing  for  a  survey  by  the  division  of 

PERSONNEL  AND  STANDARDIZATION  WITH  RESPECT  TO  THE 
CLASSIFICATION  OF  POSITIONS  IN  THE  LABOR  SERVICE  OF 
THE    METROPOLITAN   DISTRICT   COMMISSION. 

Resolved,  That  the  division  of  personnel  and  standardiza- 
tion is  hereb}^  directed  to  make  a  survey  with  respect  to  the 
classification  of  positions  in  the  labor  service  of  the  metro- 
politan district  commission.  Said  division,  in  making  its 
survey,  shall  consider  the  subject  matter  of  current  senate 
document  numbered  three  hundred  and  one.  It  shall  re- 
port its  recommendations  hereunder  to  the  commission  on 
administration  and  finance.  Approved  June  11,  19J+3. 

Chap.   54  Resolve  providing  for  an  investigation  relative  to 

THE  payment  of  BENEFITS  UNDER  THE  EMPLOYMENT  SE- 
CURITY LAW  TO  EMPLOYEES  WHO  ARE  ABSENT  FROM  WORK 

ON   ACCOUNT   OF   SICKNESS. 

• 

Resolved,  That  the  state  advisory  council  in  the  division 
of  employment  security  is  hereby  authorized  and  directed 
to  make  an  investigation  of  the  subject  matter  of  current 
senate  document  numbered  two  hundred  and  twenty-nine, 
and  of  current  house  documents  four  hundred  and  fifty- 
eight,  eleven  hundred  and  twenty-four  and  eleven  hundred 
and  thirty-three,  relative  to  the  payment  of  benefits  under 
the  employment  securit}^  law  to  employees  absent  from  work 
on  account  of  sickness.  Said  advisory  council  shall  report 
to  the  general  court  its  findings,  and  its  recommendations, 
if  any,  together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  senate  on  or  before  the  first  Wednesday  in 
November  in  the  year  nineteen  hundred  and  forty-four. 

Approved  June  11,  1943. 


Chap.  55  Resolve  providing  for  an  investigation  by  the  de- 
partment OF  conservation  relative  to  the  acquisi- 
tion BY  THE  COMMONWEALTH  OF  CERTAIN  PROPERTIES  IN 
THE  TOWNS  OF  OAK  BLUFFS  AND  EDGARTOWN  FOR  PUBLIC 
BEACH    PURPOSES. 

Resolved,  The  department  of  conservation  is  hereby  au- 
thorized and  directed  to  investigate  the  subject  matter  of 
current  house  document  numbered  seventeen  hundred  and 
twenty-six,  relative  to  the  acquisition  by  the  commonwealth 
of  certain  properties  in  the  towns  of  Oak  Bluffs  and  Edgar- 
town  for  public  beach  purposes.    Said  department  shall  re- 


Resolves,  1943.  —  Chap.  56.  827 

port  to  the  general  court  the  results  of  its  investigation,  and 
its  recommendations,  including  estimates  of  cost  and  recom- 
mendations as  to  the  allocation  of  such  cost,  together  with 
drafts  of  legislation  necessary  to  carry  said  recommendations 
into  effect,  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  on  or  before  the  first  Wednesday  of  Novem- 
ber in  the  year  nineteen  hundred  and  forty-four. 

Approved  June  11,  1943. 

Resolve  providing  for  an  investigation  and  study  rel-  Qjid^    gg 

ATIVE    TO    rapid    TRANSIT   IN    THE    BOSTON    METROPOLITAN 
AREA. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  the  commis- 
sioners of  the  department  of  public  utilities,  is  hereby  estab- 
lished for  the  purpose  of  making  an  investigation  and  study 
of  the  subject  of  rapid  transit  in  the  Boston  metropolitan 
area.  For  the  purpose  of  such  investigation  and  study  said 
commission  may  employ  necessary  engineering,  legal  and 
other  assistance,  and  shall  prepare  a  comprehensive  plan  or 
plans  showing  the  rapid  transit  routes  which  it  recommends, 
the  district  which  it  recommends  to  be  served,  and  such 
statistical  information  and  data  as  it  may  deem  to  be  of 
assistance  to  the  general  court  in  the  consideration  of  any 
legislation  recommended.  Said  commission  may  utilize  the 
services  of  the  department  of  public  utilities,  the  Boston 
transit  commission,  the  state  planning  board,  the  state  de- 
partment of  public  works  and  any  engineering  or  other 
departments,  suitably  organized  to  prepare  plans  or  other 
information,  of  any  city  or  town  within  the  district  which 
it  expects  will  be  served  b}^  the  proposed  rapid  transit  sys- 
tem, and  out  of  the  sum  which  it  is  hereby  authorized  to 
expend  may  make  funds  available  to  said  commission,  board 
and  departments,  or  any  of  them. 

Said  special  commission  shall  make  its  report  to  the  gen- 
eral court  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  on  or  before  November  first  in  the  year  nine- 
teen hundred  and  forty-four,  accompanied  by  such  plans, 
statistics  and  drafts  of  legislation  as  it  may  deem  necessary 
or  appropriate. 

For  the  purposes  of  this  resolve,  said  commission  may  ex- 
pend an  amount  not  exceeding  forty  thousand  dollars,  which 
shall  be  apportioned  equitably  among  the  cities  and  towns 
benefited  when  a  rapid  transit  system  is  established  pursu- 
ant to  said  report,  and  shall  be  paid  to  the  commonwealth 
according  to  the  method  of  apportionment  to  be  included 
in  the  recommendations  of  said  commission. 

Approved  June  11,  194-3. 


828  Resolves,  1943.  —  Chaps.  57,  58. 


Chap.   57  Resolve  reviving  and  continuing  the  special  commis- 
sion TO  investigate  the  laws  relating  to  primaries 

AND    elections. 

Resolved,  That  the  unpaid  special  commission,  estabUshed 
by  chapter  seventy-four  of  the  resolves  of  nineteen  hundred 
and  forty-one,  is  hereby  revived  and  continued  for  the  pur- 
pose of  continuing  its  investigation  relative  to  the  laws  re- 
lating to  primaries  and  elections,  with  a  view  to  completing 
revision  and  perfection  of  the  same.  The  commission  shall 
be  provided  with  quarters  in  the  state  house,  may  hold  hear- 
ings therein  and  elsewhere,  and  shall  be  entitled  to  receive 
the  assistance  of  the  state  secretary  and  all  other  public 
officers.  The  commission  may  summon  and  examine  wit- 
nesses and  require  by  subpoena  the  production  of  books  and 
papers,  and  may  expend  for  clerical  and  other  assistance 
such  sums,  not  exceeding,  in  the  aggregate,  twenty-five  hun- 
dred dollars,  as  may  be  appropriated  therefor.  The  payment 
by  said  commission  of  compensation  for  services  rendered  to 
it  in  the  preparation  of  changes  in  the  primary  and  election 
laws  shall  not  be  subject  to  section  twenty-one  of  chapter 
thirty  of  the  General  Laws.  Said  commission  shall  make  a 
supplementary  report  to  the  general  court  of  the  results  of 
its  investigation  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  its  recommenda- 
tions into  effect,  by  filing  the  same  with  the  clerk  of  the  house 
of  representatives  as  soon  as  may  be,  but  in  no  event  later 
than  the  first  Wednesday  of  November  in  the  year  nineteen 
hundred  and  forty-four.  Approved  June  11,  1943. 


Chap.  58  Resolve  providing  for  an  investigation  by  the  armory 
commission  relative  to  the  erection  of  armories  in 
the  east  boston  district  of  boston,  in  the  cities  of 

CHICOPEE  and  GARDNER,  AND  IN  OTHER  CITIES  AND  TOWNS 
IN  THE  COMMONWEALTH. 

Resolved,  That  the  armory  commission  is  hereby  author- 
ized and  directed  to  investigate  the  subject  matter  of  cur- 
rent senate  document  numbered  one  hundred  and  seventy- 
six,  relative  to  the  erection  of  a  new  armory  in  the  East 
Boston  district  of  Boston;  the  subject  matter  of  current 
house  document  numbered  one  hundred  and  ninety-two,  rela- 
tive to  the  erection  of  a  new  armory  in  the  city  of  Gardner; 
the  subject  matter  of  current  house  document  numbered 
eleven  hundred  and  sixty-four,  relative  to  the  erection  of  a 
new  armory  in  the  city  of  Chicopee;  and  to  investigate  rela- 
tive to  the  erection  of  one  or  more  new  armories  in  any  other 
city  or  town  in  the  commonwealth ;  with  a  view  to  determin- 
ing suitable  locations  for  and  the  probable  cost  of  said  ar- 
mories, including  the  cost  of  acquiring  such  land  as  may  be 
necessary  therefor.  Said  commission  in  making  its  investi- 
gation hereunder  shall  consider  the  number  of  military  units 


Resolves,  1943.  —  Chaps.  59,  60.  829 

now  located  or  proposed  to  be  located  in  said  cities  and  towns. 
Said  commission  shall  report  to  the  emergency  public  works 
commission  as  soon  as  may  be  the  results  of  its  investigations 
hereunder,  and  its  recommendations,  if  any,  and  said  emer- 
gency public  works  commission  shall,  in  preparing  its  pro- 
gram of  post-war  public  works  projects  under  authority  of 
an  act  passed  in  the  current  year,  consider  such  recommenda- 
tions as  may  be  contained  in  said  report. 

Approved  June  11,  19J^3. 


Resolve  reviving  and  continuing  the  special  commis-  QJid^n    59 

SIGN    appointed    TO    INVESTIGATE    AND    STUDY    INTERGOV- 
ERNMENTAL   RELATIONS. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  eighty-four  of  the  resolves  of  nineteen  hundred 
and  forty-one  is  hereby  revived  and  continued  for  the  pur- 
pose of  continuing  its  investigation  and  study  of  the  co- 
related  functions  and  activities  of  the  federal,  state,  county, 
city,  town  and  district  governments,  the  time  within  which 
such  commission  might  report  to  the  general  court  having 
been  extended  to  February  nineteenth  in  the  current  year. 
Said  commission  shall  make  a  supplementary  report  to  the 
general  court  of  the  results  of  its  investigation  and  study 
hereunder,  by  filing  the  same  with  the  clerk  of  the  senate  on 
or  before  the  first  Wednesday  of  November  in  the  year  nine- 
teen hundred  and  forty-four,  and  may  also  so  report  from 
time  to  time- to  the  general  court  on  or  before  said  date  when- 
ever it  deems  such  action  advisable.  Reports  made  here- 
under shall  include  drafts  of  legislation  necessary  to  carry 
into  effect  any  recommendations  for  legislation  contained 
therein.  For  the  purposes  of  this  resolve,  said  commission 
may  travel  within  and  without  the  commonwealth  and  may 
expend,  subject  to  appropriation,  the  sum  of  twenty-five 
hundred  dollars  in  addition  to  the  unexpended  balance  of 
the  amount  appropriated  by  item  0230  of  section  two  of 
chapter  seven  hundred  and  thirty  of  the  acts  of  nineteen 
hundred  and  forty-one,  and  said  balance  is  hereby  made 
available  for  the  payment  of  expenses  incurred  by  said  com- 
mission. Approved  June  11,  1943. 


Resolve  reviving  and  continuing  the  special  commis-  Chaj).  60 

SIGN  appointed  TO  INVESTIGATE  AND  STUDY  THE  CRIM- 
INAL  LAWS  OF  THE  COMMONWEALTH,  AND  TO  DRAFT  A 
PENAL   CODE. 

Resolved,  That  the  unpaid  special  commission,  established 
by  chapter  forty-eight  of  the  resolves  of  nineteen  hundred 
and  forty-one,  is  hereby  revived  and  continued  for  the  pur- 
pose of  continuing  its  investigation  and  study  relative  to  the 
criminal  laws  of  the  commonwealth  and  of  drafting  a  penal 
code.    Said  commission  shall  also  study  the  subject  matter 


830  Resolves,  1943.  —  Chap.  61. 

of  current  senate  document  numbered  four  hundred  and 
sixty-two,  relating  to  larceny.  Said  commission  may  hold 
hearings,  shall  be  provided  with  quarters  in  the  state  house 
or  elsewhere,  and  may  expend  for  clerical  and  other  assist- 
ance and  expenses  such  sums,  not  exceeding,  in  the  aggre- 
gate, five  hundred  dollars,  as  may  hereafter  be  appropriated 
therefor.  Said  commission  shall  make  a  supplementary  re- 
port to  the  general  court  of  the  results  of  its  investigation 
and  study,  and  the  penal  code  drafted  by  it,  by  filing  the 
same  with  the  clerk  of  the  senate  on  or  before  the  first 
Wednesday  of  November  in  the  year  nineteen  hundred  ^nd 
forty-four.  Approved  June  11,  194S. 


Chap.   61  Resolve  in  favor  of  the  widow  of  the  late  Walter  r. 
Mcdonald,  a  former  member  of  the  department  of 

PUBLIC    safety    doing    POLICE    DUTY. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  and  after  an  appropriation 
has  been  made  therefor,  there  shall  be  allowed  and  paid 
out  of  the  state  treasury  to  Mary  T.  McDonald  of  Waltham, 
widow  of  Walter  R.  ]\lcDonald,  former  member  of  the  de- 
partment of  public  safety  doing  police  duty,  who,  while  on 
duty  at  the  Wareham  barracks  on  September  nineteenth, 
nineteen  hundred  and  forty,  sustained  fatal  injuries,  which 
resulted  in  his  death  on  said  September  nineteenth,  nineteen 
hundred  and  forty,  an  annuity  of  twelve  hundred  dollars, 
payable  in  equal  monthly  instalments,  for  a  period  of  six 
years  commencing  the  first  day  of  June,  nineteen  hundred 
and  forty-three.  Said  annuity  shall  be  reduced  to  one  thou- 
sand dollars  when  the  minor  daughter  of  said  Mary  T. 
McDonald  reaches  the  age  of  eighteen  years,  and  it  shall 
cease  upon  the  remarriage  of  said  Mary  T.  McDonald,  if  it 
occurs  prior  to  the  expiration  of  said  period  of  six  years.  No 
payment  shall  be  made  hereunder  until  there  has  been  filed 
with  the  comptroller  an  agreement  signed  by  said  Mary  T. 
McDonald  that  the  amount,  if  any,  paid  or  to  be  paid  for 
legal  services  rendered  in  connection  with  the  passage  of 
this  resolve  shall  not  exceed  ten  per  centum  of  the  maxi- 
mum amount  payable  hereunder. 

(This  resolve,  returned  by  the  governor  to  the  House  of  Rep- 
resentatives, the  branch  in  luhich  it  originated,  with  his  objec- 
tions thereto,  loas  passed  by  the  House  of  Representatives, 
June  9,  1943,  and,  in  concurrence,  by  the  Senate,  June  11, 
1943,  the  objections  of  the  governor  notwithstanding,  in  the 
manner  prescribed  by  the  constitution;  and  thereby  has  "the 
force  of  a  law'\) 


Resolves,  1943.  —  Chaps.  62,  63.  831 


Resolve  providing  for  an  investigation  by  a  special  QJiaj).   62 

COMMISSION  RELATIVE  TO  THE  PROBLEM  OF  DRUNKENNESS 
IN   THIS   COMMONWEALTH. 

Resolved,  That  the  chairman  of  the  parole  board,  the  com- 
missioner of  mental  health  and  a  justice  of  the  municipal 
court  of  the  city  of  Boston  to  be  appointed  by  the  governor, 
acting  as  a  joint  board,  are  hereby  authorized  and  directed 
to  make  a  study  and  investigation  of  all  factors  relating  to 
the  problem  of  drunkenness  in  Massachusetts  to  the  end 
that,  because  of  the  high  expense  involved  to  the  taxpayers 
and  the  fact  that  there  is  medical  evidence  that  this  prob- 
lem is  more  medical  than  criminal,  such  change  may  be 
made  in  the  laws  of  this  commonwealth  as  may  be  necessary. 
Said  joint  board  may  expend  for  clerical  and  other  expenses 
such  sums,  not  exceeding,  in  the  aggregate,  two  thousand 
dollars,  as  may  hereafter  be  appropriated  therefor.  Said 
board  shall  report  to  the  general  court  the  result  of  its  in- 
vestigation and  its  recommendations,  if  any,  together  with 
such  drafts  of  legislation  as  may  be  necessary  to  carry  such 
recommendations  into  effect,  by  filing  the  same  with  the  clerk 
of  the  house  of  representatives  on  or  before  the  first  Wednes- 
day of  November  in  the  year  nineteen  hundred  and  forty- 
four.  Approved  June  12,  1943. 

Resolve  in  favor  of  william  w.  drummey.  Chap.  63 

Resolved,  That,  for  the  purpose  of  discharging  a  moral  ob- 
ligation of  the  commonwealth  and  of  promoting  the  public 
good,  there  be  paid  from  the  state  treasury,  out  of  the  money 
appropriated  by  item  one  hundred  and  thirty-one  a  of  sec- 
tion two  of  chapter  five  hundred  and  seven  of  the  acts  of 
nineteen  hundred  and  thirty-eight,  and  made  available  for 
expenditure  by  section  four  of  said  chapter  five  hundred  and 
seven  to  William  W.  Drummey  of  Boston,  the  sum  of  three 
hundred  and  fifty-seven  dollars  and  thirty-four  cents,  being 
the  amount  determined  to  be  due  said  Drummey  under  the 
terms  of  a  certain  authorization  or  of  an  agreement  between 
the  commonwealth  and  him  for  services  rendered  in  connec- 
tion with  work  performed  on  certain  property  of  the  com- 
monwealth made  necessary  by  the  hurricane  and  floods  of 
September,  nineteen  hundred  and  thirty-eight.  No  payment 
shall  be  made  hereunder  until  said  Drummey  shall  have 
signed  and  filed  with  the  comptroller  an  agreement  that  the 
amount,  if  any,  paid  or  to  be  paid  for  legal  services  rendered 
in  connection  with  the  passage  of  this  resolve  shall  not  ex- 
ceed ten  per  cent  of  the  sum  payable  hereunder,  nor  until 
said  Drummey  shall  execute  and  file  with  the  comptroller  a 
release,  satisfactory  in  form  to  the  attorney  general,  in  full 
satisfaction  of  all  claims  asserted  by  him  for  compensation 
for  services  under  said  authorization  or  agreement,  whether 
or  not  legal  proceedings  therefor  are  pending  upon  the  effec- 
tive date  of  this  resolve.  Approved  June  12,  1943. 


832  Resolves,  1943.  —  Chap.  64. 


Chap.  64  Resolve  providing  for  the  continuation  and  enlarge- 
ment OF  THE  WORK  OF  INVESTIGATION  BY  A  SPECIAL 
commission  RELATIVE  TO  CERTAIN  PROBLEMS  ARISING 
FROM  THE  HOLDING  OF  PROPERTY  IN  THE  COMMONWEALTH 
FOR   PUBLIC   PURPOSES. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  the  senate  and  house  chair- 
men of  the  committees  on  municipal  finance  and  on  taxation, 
the  commissioner  of  corporations  and  taxation  and  the  chair- 
man of  the  commission  on  administration  and  finance,  is 
hereby  established  for  the  purpose  of  continuing  the  investi- 
gation of  the  advisability  of  revising  the  laws  of  the  com- 
monwealth relative  to  the  reimbursement  of  municipalities 
for  loss  of  taxes  by  reason  of  lands  therein  owned  by  the 
commonwealth  or  a  pohtical  subdivision  thereof,  or  by  any 
other  governmental  unit,  or  changing  the  established  prac- 
tice of  aiding  municipalities  in  which  the  commonwealth  or 
any  of  its  political  subdivisions  acquire  property  for  any 
purpose.  Said  commission  may,  if  it  deems  it  desirable, 
broaden  the  scope  of  its  inquiry  to  include  consideration  of 
any  form  of  payment  or  compensation  to  any  political  sub- 
division of  the  commonwealth  for  or  on  account  of  property 
acquired  or  held  in  such  political  subdivision  by  the  federal 
government,  the  commonwealth  or  any  political  subdivision 
of  the  commonwealth.  Said  commission,  in  carrying  out  its 
work,  shall  consider  the  subject  matter  of  current  senate 
document  numbered  four  hundred,  relative  to  the  payments 
of  moneys  by  the  city  of  Fall  River  in  lieu  of  taxes  to  the 
town  of  Westport  on  property  owned  by  said  city,  and  per- 
taining to  its  domestic  water  supply  to  the  town  of  West- 
port,  and  of  current  senate  document  numbered  four  hun- 
dred and  one,  relative  to  the  apportionment  to  the  towns  of 
Dartmouth  and  Westport  of  tax  revenues  received  by  the 
city  of  Fall  River  for  furnishing  water  to  certain  persons  and 
corporations,  and  shall  also  consider  the  subject  matter  of 
current  house  document  numbered  fourteen  hundred  and 
sixty-eight.  For  the  purposes  of  this  resolve,  said  commis- 
sion may  expend  for  clerical  and  other  services  and  expenses 
such  sums,  not  exceeding,  in  the  aggregate,  fifteen  hundred 
dollars,  as  may  hereafter  be  appropriated  therefor.  Said 
commission  shall  report  to  the  general  court  the  results  of 
its  investigation,  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  such  recommen- 
dations into  effect,  by  filing  the  same  with  the  clerk  of  the 
house  of  representatives  on  or  before  November  first  in  the 
year  nineteen  hundred  and  forty-four. 

Approved  June  12,  1943. 


Resolves,  1943.  —  Chaps.  65,  66,  67.  833 


Resolve  validating  the  acts  of  john  j.  Mclaughlin  of  Chap.   65 

WOBURN   AS   A   NOTARY   PUBLIC. 

Resolved,  That  the  acts  of  John  J.  McLaughlin  of  Woburn 
as  a  notary  pubHc  between  February  twelfth  and  June  tenth, 
nineteen  hundred  and  forty-three,  both  dates  inclusive,  are 
hereby  confirmed  and  made  valid  to  the  same  extent  as  if 
during  said  time  he  had  been  qualified  to  discharge  the  duties 
of  said  office.  Approved  June  12,  1943. 

Resolve  increasing  the  scope  of  the  investigation  and  Qliap,   66 

STUDY  BY  THE  SPECIAL  COMMISSION  ESTABLISHED  TO  CON- 
SIDER AND  RECOMMEND  A  POST-WAR  PROGRAM  OF  HIGH- 
WAY  PROJECTS   THROUGHOUT   THE    COMMONWEALTH. 

Resolved,  That  the  special  unpaid  commission  estabhshed 
by  chapter  forty-six  of  the  resolves  of  the  current  year,  to 
consider  and  recommend  a  post-war  program  of  highway 
projects  throughout  the  commonwealth,  shall,  in  carrying 
out  its  investigation  and  study  under  said  resolve,  consider 
the  subject  matter  of  current  house  document  numbered  one 
hundred  and  seven,  relative  to  warning  signs  at  grade  cross- 
ings of  railroads,  and  of  current  house  document  numbered 
one  hundred  and  nine,  relative  to  the  speed  of  motor  vehicles 
and  the  operation  thereof  on  state  highways.  Said  commis- 
sion shall  include  its  findings  and  its  recommendations,  if 
any,  relative  to  the  subject  matter  of  said  documents,  to- 
gether with  drafts  of  legislation  necessary  to  carry  the  same 
into  effect,  in  its  report  to  be  filed  as  provided  in  said 
resolve.  Approved  June  12,  19J^S. 


Resolve  providing  for  an  investigation  and  study  by  Qfiap.   67 
A  special  unpaid  commission  relative  to  the  laws 
pertaining   to   the   safety   of   persons   in   certain 
places  of  assembly. 

Resolved,  That  an  unpaid  special  commission,  consisting 
of  one  member  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  three  persons 
to  be  appointed  by  the  governor,  is  hereby  authorized  and 
directed  to  investigate  the  subject  matter  of  safety  in  build- 
ings, other  than  single  or  two-family  dwellings,  and  particu- 
larly in  places  of  assembly,  including  means  of  ingress  to 
and  egress  from  such  buildings  and  places  of  assembly.  In 
connection  with  such  investigation  said  commission  shall 
study  the  subject  matter  of  current  senate  document  num- 
bered twenty-one,  relating  to  the  time  during  which  owners 
of  buildings,  except  in  the  city  of  Boston,  shall  comply  with 
the  orders  of  a  building  inspector  relating  to  means  of  escape 
from  fire  and  other  related  matters;  current  senate  docu- 
ment numbered  twenty-two,  relating  to  the  time  during 


834  Resolves,  1943.  —  Chap.  67. 

which  owners  of  buildings  in  the  city  of  Boston  shall  com- 
ply with  the  orders  of  a  building  inspector  relating  to  means 
of  escape  from  fire  and  other  related  matters ;  current  senate 
document  numbered  twenty-three,  relating  to  an  investiga- 
tion by  the  state  fire  marshal  of  the  circumstances  of  the  fire 
occurring  at  the  Cocoanut  Grove  in  Boston;  current  senate 
document  numbered  two  hundred  and  eighty-nine,  relating 
to  the  establishment  and  maintenance  of  local  building  in- 
spection departments;  current  senate  document  numbered 
three  hundred  and  fifty-five,  relating  to  the  appointment  of 
an  unpaid  special  commission  to  investigate  and  study  the 
feasibility  of  requiring  night  clubs  and  similar  places  to  fur- 
nish security  for  the  civil  liability  on  account  of  personal  in- 
juries sustained  by  patrons;  current  senate  document  num- 
bered three  hundred  and  ninety-nine,  being  the  report  of  the 
committee  on  building  codes  and  policies  bearing  upon  "The 
Safety  of  Our  Citizens  in  Places  of  Assembly";  current  house 
document  numbered  eighty-seven,  relating  to  the  requiring 
approval  of  hospital  buildings  by  the  department  of  public 
safety;  current  house  document  numbered  one  hundred  and 
sixty,  relating  to  restricting  the  number  of  persons  present 
in  premises  where  alcoholic  beverages  are  served;  current 
house  document  numbered  two  hundred  and  five,  relating 
to  providing  further  for  the  protection  of  life  and  property 
against  fire  and  other  hazards  in  certain  places  of  public 
resort  in  the  city  of  Boston;  current  house  document  num- 
bered two  hundred  and  six,  relating  to  requiring  certain 
places  of  public  resort  to  be  equipped  with  automatic  sprin- 
klers; current  house  document  numbered  two  hundred  and 
sixty-three,  relating  to  smoking  or  possessing  of  lighted  pipes, 
cigars  or  cigarettes  being  prohibited  in  stores  where  inflam- 
mable goods  are  on  display;  current  house  document  num- 
bered three  hundred  and  thirty,  relating  to  fire  prevention 
and  the  safety  of  life  and  property  in  theatres  and  public 
halls  being  made  applicable  to  certain  other  places  of  pubHc 
resort;  current  house  document  numbered  four  hundred  and 
seventy-four,  relating  to  seating  accommodations  in  estab- 
lishments wherein  food  and  alcoholic  beverages  are  sold  to 
be  consumed  on  the  premises ;  current  house  document  num- 
bered four  hundred  and  seventy-six,  relating  to  prohibition  of 
smoking  or  the  possession  of  lighted  cigars,  cigarettes,  pipes 
or  matches  in  or  upon  docks  and  piers  on  the  waterfront  of 
the  city  of  Boston;  current  house  document  numbered  four 
hundred  and  eighty-three,  relating  to  requiring  that  public 
buildings  have  posted  therein  plans  of  egress  therefrom  and 
for  the  projection  on  screens  of  plans  showing  egress  and  for 
fire  drills  in  theatres;  current  house  document  numbered 
six  hundred  and  ninety-three,  relating  to  facilitating  the  in- 
spection of  wires  in  buildings  in  the  city  of  Boston;  current 
house  document  numbered  six  hundred  and  ninety-six,  re- 
lating to  requiring  notices  to  inspectors  of  wires  or  certain 
other  persons  and  to  granting  the  right  of  entry  to  such  in- 
spectors and  the  examiners  of  electricians;    current  house 


Resolves,  1943.  —  Chap.  68.  835 

document  numbered  seven  hundred,  relating  to  clarifying 
and  amending  existing  provisions  of  law  with  respect  to  fire 
prevention;  current  house  document  numbered  nine  hun- 
dred and  ninety-three,  relating  to  investigating  and  studying 
general  and  special  laws  relating  to  public  safety  with  special 
reference  to  laws  dealing  with  licensing,  inspection  of  build- 
ings and  fire  prevention ;  current  house  document  numbered 
nine  hundred  and  ninety-eight,  relating  to  more  adequate 
fire  inspection  of  certain  places  of  public  assembly;  current 
house  document  numbered  one  thousand  one  hundred  and 
sixty-five,  relating  to  the  installation  of  fire  alarm  systems 
by  hotels  and  rooming  houses;  current  house  document 
numbered  one  thousand  one  hundred  and  sixty-six,  relating 
to  aldermen  in  cities  and  selectmen  in  towns  providing  for 
surveys  of  municipal  regulations  relating  to  the  safety  of 
certain  institutions;  and  current  house  document  numbered 
one  thousand  on€  hundred  and  sixty-nine,  relating  to  mak- 
ing certain  changes  in  the  building  laws  of  the  city  of  Bos- 
ton relative  to  fire  extinguishing  apparatus.  Said  commis- 
sion may  also  examine  all  records  of  every  city  and  town 
within  the  commonwealth  relative  to  licensing  and  inspec- 
tion of  the  construction,  alteration,  repair,  use  and  occu- 
pancy of  buildings  therein  and  may  require  the  attendance 
and  assistance  of  all  officers  or  boards  of  such  cities  and 
towns  charged  with  the  duties  of  licensing  or  inspecting  any 
of  said  buildings. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  hold  hearings,  may  require 
by  summons  the  attendance  and  testimony  of  witnesses  and 
the  production  of  books  and  papers;  may  travel  within  and 
without  the  commonwealth;  and  may  expend  for  necessary 
assistance  and  expenses  such  sums,  not  exceeding,  in  the  ag- 
gregate, five  thousand  dollars,  as  may  hereafter  be  appropri- 
ated therefor.  The  commission  shall  report  to  the  general 
court  the  results  of  its  investigations  and  its  recommen- 
dations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  its  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  senate  not  later  than  the  first 
Wednesday  of  November  in  the  year  nineteen  hundred  and 
forty-four.  Approved  June  12,  1943. 

Resolve  validating  the  acts  of  james  t.  stomber  of  Chap.   68 

GARDNER  AS  A  NOTARY  PUBLIC. 

Resolved,  That  the  acts  of  James  T.  Stomber,  of  Gardner, 
as  a  notary  public  between  March  fourth  and  June  eleventh, 
nineteen  hundred  and  forty-three,  both  dates  inclusive,  are 
hereby  confirmed  and  made  vafid  to  the  same  extent  as  if 
during  said  time  he  had  been  qualified  to  discharge  the  duties 
of  said  office.  Approved  June  12,  1943. 


836  Resolves,  1943.  —  Chaps.  69,  70. 


Chap.   69  Resolve   providing   for   an   investigation  and   study 

RELATIVE  TO  THE  REGULATION  AND  CONTROL  OF  THE 
AGRICULTURAL  AND  DAIRY  INDUSTRY  IN  THIS  COMMON- 
WEALTH. 

Resolved,  That  an  unpaid  special  commission,  to  consist  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof  and  three  persons  to  be 
appointed  by  the  governor,  with  the  advice  and  consent  of 
the  council,  is  hereby  established  for  the  purpose  of  making 
an  investigation  and  study  relative  to  license,  inspection  and 
other  requirements  imposed  by  existing  law  on  the  agricul- 
tural and  dairy  industry  in  this  commonwealth,  with  a  view 
to  recommending  such  changes  in  said  laws,  or  such  addi- 
tions thereto,  as  said  commission  may  deem  advisable.  Said 
commission  shall  particularly  consider  the  advisability  of 
providing  for  a  more  centralized  regulation  and  control  of 
said  industry  in  lieu  of  the  multiplicity  of  agencies  now 
provided  for  such  regulation  and  control.  Said  commission 
may  require  of  the  department  of  agriculture,  or  any  of  the 
divisions  thereof,  the  commission  on  administration  and 
finance,  the  department  of  public  health  and  such  other 
departments,  commissions  and  officers  of  the  commonwealth 
as  have  or  can  obtain  information  in  relation  to  the  subject 
matter  of  this  resolve,  such  assistance  as  may  be  helpful  in 
the  course  of  its  investigation  and  study.  Said  commission 
may  expend  for  clerical  and  other  services  and  expenses  such 
sums,  not  exceeding,  in  the  aggregate,  one  thousand  dollars, 
as  may  hereafter  be  appropriated  therefor.  Said  commission 
shall  report  to  the  general  court  the  results  of  its  investiga- 
tion and  study,  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  such  recommen- 
dations into  effect,  by  filing  the  same  with  the  clerk  of  the 
house  of  representatives  on  or  before  the  first  Wednesday  of 
November  in  the  year  nineteen  hundred  and  forty-four. 

Approved  June  12,  1943. 


Chap.   70      Resolve  in  favor  of  courtney  hardware  company. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  there  be  paid  out  of  the 
state  treasury  the  sum  of  two  hundred  seventy-two  dollars 
and  fifty  cents  to  the  Courtney  Hardware  Company  of  three 
hundred  and  sixty-six  Washington  street,  Dorchester,  on 
account  of  materials  furnished  the  commonwealth  by  said 
company.  No  payment  shall  be  made  hereunder  until  there 
shall  have  been  filed  with  the  state  treasurer  an  agreement 
signed  by  said  company  that  the  amount,  if  any,  paid  or  to 
be  paid  for  services  rendered  in  connection  with  the  passage 
of  this  resolve  shall  not  exceed  ten  per  cent  of  said  sum. 

Approved  June  IS,  IB^S. 


Resolves,  1943.  —  Chap.  71.  837 


Resolve   providing   for   a   survey   and   study   by   an  Chap.   71 

UNPAID  SPECIAL  COMMISSION,  TO  BE  KNOWN  AS  THE 
POST-WAR  REHABILITATION  COMMISSION,  OF  POST-WAR 
PROBLEMS  OF  THE  COMMONWEALTH  RELATIVE  TO  ECO- 
NOMIC  AND    OTHER   CONDITIONS. 

Resolved,  That  an  unpaid  special  commission,  to  be  known 
as  the  Post-War  RehabiHtation  Commission,  consisting  of 
five  members  of  the  senate  to  be  designated  by  the  president 
thereof,  thirteen  members  of  the  house  of  representatives  to 
be  designated  by  the  speaker  thereof,  and  seven  persons  to 
be  appointed  by  the  governor,  with  the  advice  and  consent 
of  the  council,  is  hereby  established  for  the  purpose  of  mak- 
ing a  survey  and  study  of  such  problems  relative  to  economic 
and  other  conditions  as,  in  the  opinion  of  said  commission, 
will  have  to  be  met  by  the  commonwealth  upon  the  termi- 
nation of  the  present  war.  Said  commission  shall  make  a 
study  of  the  economic  resources  within  the  confines  of  the 
commonwealth,  including  agriculture,  industry,  housing  and 
urban  redevelopment  and  man-power,  with  a  view  to  pro- 
viding for  a  minimum  of  unemploj'^ment  and  a  maximum  of 
opportunity  for  work  for  persons  now  in  the  armed  forces  of 
the  United  States  who,  at  the  time  of  their  demobilization,  will 
be  seeking  employment,  as  well  as  for  persons  now  engaged 
in  a  civilian  capacity  in  war  work  who  may  be  unemployed 
at  the  time  when  industry  will  be  converted  from  a  wartime 
producing  program  to  a  peacetime  producing  program.  Said 
commission  shall  also  study  measures  for  the  assistance  of 
veterans  of  the  present  world  war  and  previous  wars  and 
military  expeditions  in  which  the  United  States  has  been 
engaged,  and  shall  study  post-war  problems  with  reference 
to  veterans'  bonus  and  veterans'  legislation.  Said  commis- 
sion, in  making  its  study  hereunder,  shall  also  consider  the 
subject  matter  of  so  much  of  current  senate  document  num- 
ber one  as  refers  on  pages  five  and  six  thereof  to  the  above- 
mentioned  matters,  of  current  senate  documents,  numbers 
forty-one  and  one  hundred  and  seventy-five,  of  current  house 
documents,  numbers  one  hundred  and  ninety-four,  two  hun- 
dred and  sixty-five,  four  hundred  and  eighty-one,  six  hun- 
dred and  ninety-nine,  eight  hundred  and  forty-four,  eight 
hundred  and  forty-five,  eight  hundred  and  forty-six,  eight 
hundred  and  forty-seven,  eight  hundred  and  forty-eight, 
eight  hundred  and  forty-nine,  eleven  hundred  and  sixty- 
three,  eleven  hundred  and  sixty-seven,  eleven  hundred  and 
seventy  and  eleven  hundred  and  seventy-one.  Said  com- 
mission shall  be  provided  with  quarters  in  the  state  house 
or  elsewhere,  and  may  expend  for  necessary  assistance  and 
expenses  such  sums,  not  exceeding,  in  the  aggregate,  twenty- 
five  thousand  dollars,  as  may  hereafter  be  appropriated 
therefor.  The  commission  shall  report  to  the  general  court 
the  results  of  its  survey  and  study  and  its  recommendations, 
if  any,  together  with  drafts  of  legislation  necessary  to  carry 


838  Resolves,  1943.  —  Chap.  72. 

its  recommendations  into  effect,  by  filing  one  or  more  re- 
ports with  the  clerk  of  the  house  of  representatives  at  such 
time  or  times  as  the  commission  may  elect;  provided,  that 
the  commission  shall  file  a  report  not  later  than  the  first 
Wednesday  of  November  in  the  year  nineteen  hundred  and 
forty-four.  Approved  June  12,  194-3. 


Chap.  72  Resolve  reviving  and  continuing  the  special  commis- 
sion APPOINTED  TO  MAKE  AN  INVESTIGATION  AND  STUDY 
RELATIVE  TO  THE  CIVIL  SERVICE  LAWS  AND  RULES  AND 
REGULATIONS  OF  THE  COMMONWEALTH,  AND  INCREASING 
THE   MEMBERSHIP   OF   SAID    COMMISSION. 

Resolved,  That  the  special  unpaid  commission  established 
by  chapter  thirty-six  of  the  resolves  of  nineteen  hundred 
and  forty-one  is  hereby  revived  and  continued  for  the  pur- 
pose of  continuing  its  investigation  and  study  of  the  civil 
service  laws  of  the  commonwealth  and  the  rules  and  regu- 
lations made  thereunder,  with  a  view  to  making  such  changes 
therein  and  additions  thereto  as  may  be  necessary  for  the 
best  interests  of  the  public.  The  membership  of  said  com- 
mission is  hereby  increased  by  the  addition  of  eight  members, 
two  of  whom  shall  be  members  of  the  senate  to  be  designated 
by  the  president  thereof,  four  of  whom  shall  be  members  of 
the  house  of  representatives  to  be  designated  by  the  speaker 
thereof  and  two  of  whom  shall  be  appointed  by  the  gover- 
nor. Said  commission,  in  making  its  investigation  and  study 
hereunder,  shall  consider  the  proposed  revision  of  the  civil 
service  laws  of  the  commonwealth  as  set  forth  in  current 
house  document  numbered  seventeen  hundred  and  eighty- 
six.  The  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  and  may  expend,  with  the  approval 
of  the  governor  and  council,  for  clerical  and  other  services 
and  expenses  such  sums,  not  exceeding,  in  the  aggregate, 
three  thousand  dollars,  as  may  hereafter  be  appropriated 
therefor.  Said  commission  shall  make  a  supplementary  re- 
port to  the  general  court  of  the  results  of  its  investigation 
and  study  hereunder,  by  filing  the  same  with  the  clerk  of 
the  house  of  representatives  on  or  before  the  first  Wednes- 
day of  November  in  the  year  nineteen  hundred  and  forty- 
four.  Reports  made  hereunder  shall  include  drafts  of  legis- 
lation necessary  to  carry  into  effect  any  recommendations 
for  legislation  contained  therein. 

Approved  June  IB,  194S. 


Resolves,  1943.  —  Chap.  73.  839 


Resolve  providing  for  an  investigation  and  study  by  Chap.   73 
A   special   commission   relative   to   adjustments   of 

GRIEVANCES  OF  EMPLOYEES  OF  THE  COMMONWEALTH  AND 
TO  THE  MAINTENANCE  OF  EMPLOYEES  IN  THE  SEVERAL 
INSTITUTIONS  OF  THE  COMMONWEALTH  AND  THE  LAWS, 
RULES  AND  REGULATIONS  APPLICABLE  THERETO. 

Resolved,  That  a  special  commission  to  consist  of  one 
member  of  the  senate  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives  to 
be  designated  by  the  speaker  thereof,  and  three  persons  to 
be  appointed  by  the  governor,  is  hereby  estabhshed  for  the 
purpose  of  making  an  investigation  and  study  concerning 
the  present  methods  by  which  grievances  of  employees  of 
the  commonwealth  may  be  presented  and  adjusted,  and  the 
adequacy  of  present  methods,  including  the  subject  matter 
of  current  senate  document  numbered  thirty-one;  and  also 
concerning  the  laws  and  rules  and  regulations  applicable  to 
the  maintenance  of  employees  of  the  several  institutions  of 
the  commonwealth,  including  requirements  as  to  living  in, 
the  treatment  of  maintenance  in  deter;nination  of  salary, 
both  of  those  who  live  in  and  those  who  live  out,  the  accom- 
modations provided  or  available  at  the  several  institutions 
for  employees  who  live  in  and  the  adequacy  of  these  accom- 
modations for  housing  those  employees  who  in  the  interest 
of  safety  and  efficiency  or  by  reason  of  inadequacy  of  ac- 
commodations on  private  property  in  the  vicinity  should 
reside  on  the  premises,  including  the  subject  matter  of  cur- 
rent senate  document  numbered  two  hundred  and  ninety- 
nine.  The  commission  shall  also  consider  the  subject  mat- 
ter of  current  house  document  numbered  seventeen  hundred 
and  seventy-seven,  being  a  resolve  providing  for  an  investi- 
gation and  study  by  a  special  commission  relative  to  adjust- 
ments of  grievances  of  employees  of  the  commonwealth  and 
the  laws,  rules  and  regulations  applicable  thereto.  The  com- 
mission shall  be  provided  with  quarters  in  the  state  house 
or  elsewhere,  and  may  expend  with  the  approval  of  the 
governor  and  council  for  clerical  and  other  services  and 
expenses  such  sums  not  exceeding  in  the  aggregate  five 
thousand  dollars  as  may  hereafter  be  appropriated  therefor. 
Said  special  commission  shall  report  to  the  general  court  the 
results  of  its  investigation  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  or  rules  or  regulations 
necessary  to  carry  said  recommendations  into  effect,  by  fifing 
the  same  with  the  clerk  of  the  house  of  representatives  on 
or  before  the  first  Wednesday  of  November  in  the  year  nine- 
teen hundred  and  forty-four.         Approved  June  12,  194S. 


840 


Amendment  to  Constitution. 


(lll|?  Qlommnnm^altlj  of  iiaHsarliuHrttB 


In  the  Year  One  Thousand  Nine  Hundred  and  Forty-One. 


Proposed 
amendment 
to  the  con- 
stitution to 
pro\'ide  that 
the  general 
court  may 
prescribe  the 
terms  and 
conditions 
under  which 
pardons  of 
offences  which 
are  felonies 
may  be 
granted. 


Proposal  for  a  legislative  amendment  of  the  constitu- 
tion TO  PROVIDE  THAT  THE  GENERAL  COURT  MAY  PRESCRIBE 
THE  TERMS  AND  CONDITIONS  UNDER  WHICH  PARDONS  OF 
OFFENCES  WHICH  ARE  FELONIES  MAY  BE  GRANTED. 

A  joint  session  of  the  Senate  and  House  of  Representatives 
hereby  declares  it  to  be  expedient  to  alter  the  Constitution 
by  the  adoption  of  the  following  Article  of  Amendment,  to 
the  end  that  it  may  become  a  part  of  the  Constitution,  if 
similarly  agreed  to  in  a  joint  session  of  the  next  General 
Court  and  approved  by  the  people  at  the  state  election  next 
following : 

ARTICLE   OF  AMENDMENT. 

Article  VIII  of  section  I  of  chapter  II  of  Part  the  Second 
of  the  Constitution  of  the  Commonwealth  is  hereby  annulled 
and  the  following  is  adopted  in  place  thereof :  — 

Art.  VIII.  The  power  of  pardoning  offences,  except  such 
as  persons  may  be  convicted  of  before  the  senate  by  an  im- 
peachment of  the  house,  shall  be  in  the  governor,  by  and  with 
the  advice  of  council,  provided,  that  if  the  offence  is  a  felony 
the  general  court  shall  have  power  to  prescribe  the  terms  and 
conditions  upon  which  a  pardon  may  be  granted;  but  no 
charter  of  pardon,  granted  b}^  the  governor,  with  advice  of 
the  council  before  conviction,  shall  avail  the  party  pleading 
the  same,  notwithstanding  any  general  or  particular  expres- 
sions contained  therein,  descriptive  of  the  offence  or  offences 
intended  to  be  pardoned. 


In  Joint  Session,  July  8,  1941. 

The  foregoing  legislative  amendment  of  the  Constitution 
is  agreed  to  in  joint  session  of  the  two  houses  of  the  General 
Court,  the  said  amendment  having  received  the  affirmative 
votes  of  a  majority  of  all  the  members  elected;  and  it  is 
referred  to  the  next  General  Court  in  accordance  with  a  pro- 
vision of  the  Constitution. 

IRVING  N.  HAYDEN, 

Clerk  of  the  Joint  Session. 


Amendment  to  Constitution.  841 


In  Joint  Session,  May  12,  1943. 

The  foregoing  legislative  amendment  is  agreed  to  in  joint  ^®J'g^p®retl°v 
session  of  the  two  houses,  the  said  amendment  having  re-  of  the  com-" 
ceived  the  affirmative  votes  of  a  majority  of  all  the  mem-  "ibn^Sonto'^ 
bers  elected;   and  this  fact  is  hereby  certified  to  the  Secre-  the  people 
tary  of  the  Commonwealth,  in  accordance  with  a  provision  state  election. 
of  the  Constitution. 

IRVING  N.  HAYDEN, 

Clerk  of  the  Joint  Session. 


842 


Amendment  to  Constitution. 


®I|p  Qlflmmonui^alllj  uf  ilaBBarljusrtta 


In  the  Year  One  Thousand  Nine  Hundred  and  Forty-One. 


Proposed 
amendment 
to  the  con- 
stitution to 
provide  for  a 
fair,  concise 
summary, 
instead  of  a 
description,  of 
each  proposed 
amendment 
to  the  con- 
stitution and 
each  law  sub- 
mitted to  the 
people,  under 
the  initiative 
and  the  refer- 
endum, and 
certain  changes 
relative  to  the 
filing  of 
initiative 
petitions. 


Proposal  for  a  legislative  amendment  of  the  con- 
stitution TO  PROVIDE  FOR  A  FAIR,  CONCISE  SUMMARY, 
INSTEAD  OF  A  DESCRIPTION,  OF  EACH  PROPOSED  AMEND- 
MENT TO  THE  CONSTITUTION  AND  EACH  LAW  SUBMITTED 
TO  THE  PEOPLE,  UNDER  THE  INITIATIVE  AND  THE  REFER- 
ENDUM, AND  CERTAIN  CHANGES  RELATIVE  TO  THE  FILING 
OF   INITIATIVE   PETITIONS. 

A  joint  session  of  the  Senate  and  House  of  Representatives 
hereby  declares  it  to  be  expedient  to  alter  the  Constitution 
by  the  adoption  of  the  following  Article  of  Amendment,  to 
the  end  that  it  may  become  a  part  of  the  Constitution,  if 
similarly  agreed  to  in  a  joint  session  of  the  next  General 
Court  and  approved  by  the  people  at  the  state  election  next 
following : 

ARTICLE   OF   AMENDMENT. 

Section  1.  Article  XLVIII  of  the  amendments  to  the 
constitution  is  hereby  amended  by  striking  out  section  three, 
under  the  heading  "The  Initiative.  //.  Initiative  Peti- 
tions.", and  inserting  in  place  thereof  the  following:  —  Sec- 
tion 3.  Mode  of  Originating.  —  Such  petition  shall  first  be 
signed  by  ten  qualified  voters  of  the  commonwealth  and 
shall  be  submitted  to  the  attorney-general  not  later  than 
the  first  Wednesday  of  the  August  before  the  assembling  of 
the  general  court  into  which  it  is  to  be  introduced,  and  if  he 
shall  certify  that  the  measure  and  the  title  thereof  are  in 
proper  form  for  submission  to  the  people,  and  that  the 
measure  is  not,  either  affirmatively  or  negatively,  substan- 
tially the  same  as  any  measure  which  has  been  qualified  for 
submission  or  submitted  to  the  people  at  either  of  the  two 
preceding  biennial  state  elections,  and  that  it  contains  only 
subjects  not  excluded  from  the  popular  initiative  and  which 
are  related  or  which  are  mutually  dependent,  it  may  then 
be  filed  with  the  secretary  of  the  commonwealth.  The  sec- 
retary of  the  commonwealth  shall  provide  blanks  for  the  use 
of  subsequent  signers,  and  shall  print  at  the  top  of  each 
blank  a  fair,  concise  summary,  as  determined  by  the  attorney- 
general,  of  the  proposed  measure  as  such  summary  will  ap- 
pear on  the  ballot  together  with  the  names  and  residences  of 
the  first  ten  signers.  All  initiative  petitions,  with  the  first 
ten  signatures  attached,  shall  be  filed  with  the  secretary  of 
the  commonwealth  not  earlier  than  the  first  Wednesday  of 
the  September  before  the  assembling  of  the  general  court 


Amendment  to  Constitution.  843 

into  which  they  are  to  be  introduced,  and  the  remainder  of 
the  required  signatures  shall  be  filed  not  later  than  the  first 
Wednesday  of  the  following  December. 

Section  2,  Section  three  of  that  part  of  said  Article 
XL VIII,  under  the  heading  "The  Referendum.  ///.  Ref- 
erendum Petitions J\  is  hereby  amended  by  striking  out  the 
words  ''The  secretary  of  the  commonwealth  shall  provide 
blanks  for  the  use  of  subsequent  signers,  and  shall  print  at 
the  top  of  each  blank  a  description  of  the  proposed  law  as 
such  description  will  appear  on  the  ballot  together  with  the 
names  and  residences  of  the  first  ten  signers.",  and  inserting 
in  place  thereof  the  words  "The  secretary  of  the  common- 
wealth shall  provide  blanks  for  the  use  of  subsequent  signers, 
and  shall  print  at  the  top  of  each  blank  a  fair,  concise  sum- 
mary of  the  proposed  law  as  such  summary  will  appear  on 
the  ballot  together  with  the  names  and  residences  of  the 
first  ten  signers." 

Section  3.  Section  four  of  that  part  of  said  Article 
XLVIII,  under  the  heading  "The  Referendum.  ///. 
Referendum  Petitions. '\  is  hereby  amended  by  striking  out 
the  words  "The  secretary  of  the  commonwealth  shall  pro- 
vide blanks  for  the  use  of  subsequent  signers,  and  shall  print 
at  the  top  of  each  blank  a  description  of  the  proposed  law 
as  such  description  will  appear  on  the  ballot  together  with 
the  names  and  residences  of  the  first  ten  signers.",  and  in- 
serting in  place  thereof  the  words  "The  secretary  of  the 
commonwealth  shall  provide  blanks  for  the  use  of  subse- 
quent signers,  and  shall  print  at  the  top  of  each  blank  a 
fair,  concise  summary  of  the  proposed  law  as  such  summary 
will  appear  on  the  ballot  together  with  the  names  and  resi- 
dences of  the  first  ten  signers." 

Section  4.  Said  Article  XLVIII  is  hereby  further 
amended  by  striking  out,  under  the  heading  "General 
Provisions",  all  of  subheading  "///,  Form  of  Ballot." 
and  all  of  subheading  "/F.  Information  for  Voters." ,  and 
inserting  in  place  thereof  the  following :  — 

///.     Form  of  Ballot. 

A  fair,  concise  summary,  as  determined  by  the  attorney 
general,  subject  to  such  provision  as  may  be  made  by  law, 
of  each  proposed  amendment  to  the  constitution,  and  each 
law  submitted  to  the  people,  shall  be  printed  on  the  ballot, 
and  the  secretary  of  the  commonwealth  shall  give  each  ques- 
tion a  number  and  cause  such  question,  except  as  otherwise 
authorized  herein,  to  be  printed  on  the  ballot  in  the  follow- 
ing form :  — 

In  the  case  of  an  amendment  to  the  constitution:  Do 
you  approve  of  the  adoption  of  an  amendment  to  the  con- 
stitution summarized  below,  (here  state,  in  dis- 
tinctive type,  whether  approved  or  disapproved 
by  the  general  court,  and  by  what  vote  thereon)? 
(Set  forth  summary  here) 


YES. 

NO. 

844 


Amendment  to  Constitution. 


In  the  case  of  a  law :  Do  you  approve  of  a  law  summarized 
below,  (here  state,  in  distinctive  type,  whether 
approved  or  disapproved  by  the  general  court, 
and  by  what  vote  thereon)? 

(Set  forth  summary  here) 


YES. 

NO. 

IV.     Information  for  Voters. 

The  secretary  of  the  commonwealth  shall  cause  to  be 
printed  and  sent  to  each  registered  voter  in  the  common- 
wealth the  full  text  of  every  measure  to  be  submitted  to  the 
people,  together  with  a  copy  of  the  legislative  committee's 
majority  and  minority  reports,  if  there  be  such,  with  the 
names  of  the  majority  and  minority  members  thereon,  a 
statement  of  the  votes  of  the  general  court  on  the  measure, 
and  a  fair,  concise  summary  of  the  measure  as  such  sum- 
mary will  appear  on  the  ballot;  and  shall,  in  such  manner 
as  may  be  provided  by  law,  cause  to  be  prepared  and  sent 
to  the  voters  other  information  and  arguments  for  and  against 
the  measure. 


In  Joint  Session,  July  8,  1941. 

The  foregoing  legislative  amendment  of  the  Constitution 
is  agreed  to  in  joint  session  of  the  two  houses  of  the  General 
Court,  the  said  amendment  having  received  the  affirmative 
votes  of  a  majority  of  all  the  members  elected;  and  it  is  re- 
ferred to  the  next  General  Court  in  accordance  with  a  pro- 
vision of  the  Constitution. 

IRVING  N.   HAYDEN, 

Clerk  of  the  Joint  Session. 


Certified  to 
the  secretary 
of  the  com- 
monwealth 
for  submission 
to  the  people 
at  the  next 
state  election. 


In  Joint  Session,  May  12,  1943. 

The  foregoing  legislative  amendment  is  agreed  to  in  joint 
session  of  the  two  houses,  the  said  amendment  having  re- 
ceived the  affirmative  votes  of  a  majority  of  all  the  members 
elected;  and  this  fact  is  hereby  certified  to  the  Secretary  of 
the  Commonwealth,  in  accordance  with  a  provision  of  the 
Constitution. 

IRVING  N.  HAYDEN, 

Clerk  of  the  Joint  Session. 


Amendment  to  Constitution.  845 


on?  Qlommonuj^altli  of  ^asaarljusrttB 


In  the  Year  One  Thousand  Nine  Hundred  and  Forty-One. 


Proposal  for  a  legislative  amendme;nt  of  the  consti- 
tution RESTORING  ANNUAL  SESSIONS  OF  THE  GENERAL 
COURT   AND   AN   ANNUAL   BUDGET, 

A  joint  session  of  the  Senate  and  House  of  Representatives  Proposed 
hereby  declares  it  to  be  expedient  to  alter  the  Constitution  f^rh^^tT-* 
by  the  adoption  of  the  following  Article  of  Amendment,  to  stitution 
the  end  that  it  may  become  a  part  of  the  Constitution,  if  annual  ses- 
similarly  agreed  to  in  a  joint  session  of  the  next  General  ge°nera/ court 
Court  and  approved  by  the  people  at  the  state  election  next  and  an  an- 

n   ,,        .  -^^  ''  r-      X-  jj^g^j  budget. 

I  olio  Wing: 

ARTICLE   OF   AMENDMENT. 

Article  LXXII  of  the  amendments  to  the  constitution 
providing  for  biennial  sessions  of  the  general  court  and  a 
biennial  budget  is  hereby  annulled,  and  all  provisions  of  this 
constitution  and  of  the  amendments  thereto  which  were 
annulled  or  affected  by  said  Article  shall  have  the  same  force 
and  effect  as  though  said  Article  had  not  been  adopted. 


In  Joint  Session,  July  8,  1941. 

The  foregoing  legislative  amendment  of  the  Constitution 
is  agreed  to  in  joint  session  of  the  two  houses  of  the  General 
Court,  the  said  amendment  having  received  the  affirmative 
votes  of  a  majority  of  all  the  members  elected;  and  it  is  re- 
ferred to  the  next  General  Court  in  accordance  with  a  pro- 
vision of  the  Constitution. 

IRVING  N.   HAYDEN, 

Clerk  of  the  Joint  Session. 


In  Joint  Session,  May  12,  1943. 

The  foregoing  legislative  amendment  is  agreed  to  in  joint  Certified  to 
session  of  the  two  houses,  the  said  amendment  having  re-  oflhrcom-^ 
ceived  the  affirmative  votes  of  a  majority  of  all  the  members  "Jjb'J^iss'on  to"^ 
elected ;  and  this  fact  is  hereby  certified  to  the  Secretary  of  the  people 
the  Commonwealth,  in  accordance  with  a  provision  of  the  state  diction. 
Constitution. 

IRVING  N.  HAYDEN, 
Clerk  of  the  Joint  Session. 


846 


Amendment  to  Constitution. 


Qlllf  dnmmomufalttj  of  ilassarliitspttB 


In  the  Year  One  Thousand  Nine  Hundbed  and  Forty-One. 


Proposed 
amendment 
to  the  con- 
stitution pro- 
viding for 
absent  voting 
by  qualified 
voters  who 
by  reason 
of  physical 
disability  are 
unable  to  vote 
in  person. 


Proposal  for  a  legislative  amendment  op  the  consti- 
tution PROVIDING  for  absent  VOTING  BY  QUALIFIED 
VOTERS  WHO  BY  REASON  OF  PHYSICAL  DISABILIT"^  ARE 
UNABLE   TO   VOTE   IN   PERSON. 

A  joint  session  of  the  Senate  and  House  of  Representatives 
hereby  declares  it  to  be  expedient  to  alter  the  Constitution 
by  the  adoption  of  the  following  Article  of  Amendment,  to 
the  end  that  it  may  become  a  part  of  the  Constitution,  if 
similarly  agreed  to  in  a  joint  session  of  the  next  General 
Court  and  approved  by  the  people  at  the  state  election  next 
following : 

ARTICLE   OF  AMENDMENT. 

Article  XLV  of  the  articles  of  amendment  is  hereby  an- 
nulled and  the  following  is  adopted  in  place  thereof :  — 

Article  XLV.  The  general  court  shall  have  power  to 
provide  by  law  for  voting,  in  the  choice  of  any  officer  to  be 
elected  or  upon  any  question  submitted  at  an  election,  by 
qualified  voters  of  the  commonwealth  who,  at  the  time  of 
such  an  election,  are  absent  from  the  city  or  town  of  which 
they  are  inhabitants  or  are  unable  by  reason  of  physical  dis- 
ability to  cast  their  votes  in  person  at  the  polling  places. 


Certified  to 
the  secretary 
of  the  com- 
monwealth for 
submission  to 
the  people  at 
the  next 
state  election. 


Ix  JoixT  Session,  July  S,  1941. 

The  foregoing  legislative  amendment  of  the  Constitution 
is  agreed  to  in  joint  session  of  the  two  houses  of  the  General 
Court,  the  said  amendment  having  received  the  aSirmative 
votes  of  a  majority  of  all  the  members  elected;  and  it  is 
referred  to  the  next  General  Court  in  accordance  with  a  pro- 
vision of  the  Constitution. 

IRVING  N.  HAYDEN, 

Clerk  of  the  Joint  Session. 

In  Joint  Session,  May  27,  1943. 

The  foregoing  legislative  amendment  is  agreed  to  in  joint 
session  of  the  two  houses,  the  said  amendment  having  re- 
ceived the  affirmative  votes  of  a  majority  of  aU  the  members 
elected;  and  this  fact  is  hereby  certified  to  the  Secretary  of 
the  Commonwealth,  in  accordance  with  a  provision  of  the 
Constitution. 

IRVING  N.  HAYDEN, 

Clerk  of  the  Joint  Session. 


Amendment  to  Constitution.  847 


(ill|f  OInmmntuiipaltlj  nf  iiaHsarliuBrtts 


In  the  Year  One  Thousand  Nine  Hundred  and  Forty-Three. 


Proposal  for  a  legislative  amendment  of  the  consti- 
tution PROVIDING  that  THE  GENERAL  COURT  MAY  PRE- 
SCRIBE A  RETIREMENT  AGE  FOR  JUDGES. 

A  joint  session  of  the  Senate  and  House  of  Representatives  ^^"^'^^^'^  ^^^^^ 
hereby  declares  it  to  be  expedient  to  alter  the  Constitution  trtTeTon'^- 
by  the  adoption  of  the  following  Article  of  Amendment,  to  vidin*gThrt°' 
the  end  that  it  may  become  a  part  of  the  Constitution,  if  the  general 
similarly  agreed  to  in  a  joint  session  of  the  next  General  p?escribe^a 
Court  and  approved  by  the  people  at  the  state  election  next  for'judgrJi  ""^^ 
following : 

ARTICLE    OF   AMENDMENT. 

Section  1.  Article  LVIII  of  the  articles  of  amendment 
to  the  constitution  is  hereby  annulled  and  the  following  is 
adopted  in  place  thereof :  — 

Article  LVIII.  Article  I  of  Chapter  III  of  Part  the  Second 
of  the  constitution  is  hereby  amended  by  the  addition  of  the 
following  words :  —  and  provided  also  that  the  governor, 
with  the  consent  of  the  council,  maj^  after  due  notice  and 
hearing  retire  them  because  of  advanced  age  or  mental  or 
physical  disability  and  provided  also  that  the  legislature,  by 
a  vote,  taken  by  the  yeas  and  nays,  of  two-thirds  of  each 
house  of  the  general  court  present  and  voting  thereon,  may 
prescribe  a  compulsory  retirement  age  for  all  judicial  officers. 
Any  such  retirement  shall  be  subject  to  any  provisions  made 
by  law  as  to  pensions  or  allowances  payable  to  such  officers 
upon  their  voluntary  retirement. 

Section  2.  This  article  shall  apply  to  all  judicial  officers 
in  office  upon  the  date  of  its  adoption. 


In  Joint  Session,  May  12,  1943. 

The  foregoing  legislative  amendment  of  the  Constitution  Certified  to 
is  agreed  to  in  joint  session  of  the  two  houses  of  the  General  ofthrcom-^ 
Court,  the  said  amendment  having  received  the  affirmative  "ndTeSd 
votes  of  a  majority  of  all  the  members  elected;    and  it  is  to  the  next 
referred  to  the  next  General  Court  in  accordance  with  a  pro-  ^^'''"'^  ''°"'^' 
vision  of  the  Constitution. 

IRVING  N.  HAYDEN, 
Clerk  of  the  Joint  Session. 


848 


Referendum  Petition. 


Qlilf  QIomtttDttm^altlj  of  iiaHsarljuHPtta 


Petition  filed 
requesting 
referendum  on 
chapter  267, 
Acts  of  1943. 


Submission 
to  people. 


Office  of  the  Secretary, 

Boston,  September  28,  1943. 

Pursuant  to  the  provisions  of  Article  XLVIII  of  the 
Amendments  to  the  Constitution,  "The  Referendum.  III. 
Referendum  Petitions.  Section  4",  a  petition  was  filed  in 
this  office  June  14,  1943,  by  the  required  number  of  quali- 
fied voters,  asking  for  a  referendum  on  Chapter  267,  Acts 
of  1943,  entitled,  "An  Act  repealing  the  provisions  of  law 
authorizing  the  licensing  and  conducting  of  the  game  com- 
monly called  beano",  approved  May  14,  1943,  and  request- 
ing that  said  law  be  repealed. 

Said  petition  was  completed  by  the  filing  in  this  office 
August  12,  1943,  of  more  than  a  sufficient  number  (12,260) 
of  subsequent  signatures  of  quafified  voters  of  the  Common- 
wealth. Said  law  will  be  submitted  to  the  people  at  the  state 
election  November  7,  1944,  for  their  approval  or  disapproval. 


I  JO 


FREDERIC   W.  COOK, 

Secretary  of  the  Commonwealth. 


Acts  and  Resolves  Approved,  etc. 


NUMBER  OF  ACTS  AND  RESOLVES  APPROVED, 
AND  LIST  OF  ACTS  AND  RESOLVES  VETOED 
BY  THE  GOVERNOR  AND  PASSED  OVER  HIS 
VETO  AND  ACTS  DECLARED  EMERGENCY 
LAWS  BY  THE  GOVERNOR  UNDER  AUTHOR- 
ITY OF  THE   CONSTITUTION. 


The  general  court,  during  its  biennial  session  held  in  1943, 
passed  570  Acts  and  72  Resolves,  which  received  executive 
approval. 

The  governor  returned  22  Acts  and  4  Resolves  with  his 
objections  thereto  in  writing.  Upon  20  Acts  and  3  Resolves 
his  objections  were  sustained. 

Twenty  (20)  Acts  entitled,  respectively,  "An  Act  author- 
izing the  town  of  Bedford  to  vote  at  its  current  annual  town 
meeting  on  the  question  of  granting  licenses  for  the  sale  in 
said  town  of  alcoholic  beverages  in  packages";  "An  Act  to 
authorize  deductions  from  the  wages  or  salaries  of  employees 
of  counties,  districts  and  municipalities  of  the  commonwealth 
for  the  purpose  of  making  certain  payments  to  credit  unions 
of  such  employees";  "An  Act  providing  that  applicants  for 
examination  for  admission  to  the  bar  shall  not  be  restricted 
as  to  the  number  of  examinations  which  they  may  take"; 
"An  Act  further  regulatmg  the  establishment  of  the  salaries 
of  court  officers  in  attendance  upon  the  superior  court  in 
Suffolk  county";  "An  Act  establishing  the  compensation  of 
special  justices  of  district  courts,  other  than  the  municipal 
court  of  the  city  of  Boston,  and  of  the  Boston  juvenile 
court";  "An  Act  authorizing  the  city  of  Boston  to  pay  a 
sum  of  money  to  the  father  of  Kenneth  Baldassari";  "An 
Act  partially  exempting  sales  of  shares  and  securities  of  cer- 
tain co-operative  corporations  from  the  sale  of  securities  law, 
so  called";  "An  Act  authorizing  the  city  of  SomerviUe  to 
pay  an  annuity  to  the  widow  of  Patrick  Brady,  a  former 
employee  in  the  sanitary  department  of  said  city";  "An 
Act  authorizing  the  city  of  Peabody  to  increase  the  pension 
of  John  F.  Ward,  a  former  employee  in  the  electric  light  de- 
partment of  said  city";  "An  Act  relative  to  the  termina- 
tion, upon  their  honorable  discharge  from  the  armed  forces 
of  the  United  States,  of  the  sentences  of  certain  persons 
entering  such  forces  during  the  present  war  while  on  parole 
from  certain  state  institutions";  "An  Act  authorizing  the 
city  of  Boston  to  pay  certain  compensation  to  John  A. 
Curley  of  Boston";  "An  Act  prohibiting  the  increasing  of 
the  original  sentence  of  a  surrendered  person";  "An  Act 
authorizing  the  county  of  Bristol  to  increase  the  retirement 


850         Acts  and  Resolves  Approved,  etc. 

allowance  of  James  W.  Wilding";  "An  Act  relative  to  the 
enforcement  of  the  laws  concerning  the  manufacture  and 
sale  of  meat  sausages,  to  the  sale  of  unwholesome  food,  and 
to  prosecutions  for  violation  of  the  food  and  drug  law,  so 
called";  "An  Act  placing  under  civil  service  certain  em- 
ployees at  institutions  under  the  control  of  the  departments 
of  mental  health,  public  health  and  correction";  "An  Act 
providing  for  the  reimbursement  by  the  commonwealth  of 
the  town  of  Norfolk  for  tuition  and  transportation  furnished 
by  said  town  to  school  children  whose  parents  are  state  em- 
ployees and  reside  on  state  property  in  said  town";  "An 
Act  relative  to  the  time  at  which  compensation  shall  begin 
to  be  paid  under  the  workmen's  compensation  law  to  cer- 
tain employees  of  the  commonwealth  and  of  certain  cities, 
towns  and  districts  thereof";  "An  Act  providing  for  the 
restoring  of  Ethel  S.  Greene  to  certain  benefits  of  the  state 
retirement  system";  "An  Act  authorizing  the  town  of 
Swampscott  to  increase  the  retirement  allowance  of  Simeon 
J.  Strong,  formerly  employed  by  said  town  as  a  school 
janitor";  "An  Act  temporarily  increasing  the  salaries  of 
the  justices,  special  justices,  clerks  and  assistant  clerks  of  the 
district  courts  in  the  county  of  Suffolk,  other  than  the  mu- 
nicipal court  of  the  city  of  Boston";  and  three  (3)  Resolves 
entitled,  respectively,  "Resolve  providing  for  an  investiga- 
tion by  the  department  of  public  utilities  relative  to  the 
advisability  and  feasibility  of  abolishing  certain  grade  cross- 
ings in  the  city  of  Cambridge";  "Resolve  in  favor  of  Forest 
C.  Rowell  of  Haverhill"  and  "Resolve  providing  for  an  in- 
vestigation during  the  recess  of  the  general  court  by  the 
committee  on  public  welfare  relative  to  the  re-opening  of 
the  nurses'  training  school  at  the  Tewksbury  state  hospital 
and  infirmaiy"  were  passed  and  laid  before  the  governor  for 
his  approval;  were  returned  by  him  with  his  objections 
thereto,  to  the  branch  in  which  they  respectively  originated; 
were  reconsidered,  and  the  vote  being  taken  on  their  pas- 
sage, the  objections  of  the  governor  thereto  notwithstanding, 
they  were  rejected,  and  said  acts  and  resolves  thereby  be- 
came void. 

Two  (2)  Acts  entitled,  respectively,  "An  Act  relative  to 
the  handling,  transportation  and  delivery  of  fish  and  perish- 
able foodstuffs  at  wholesale  on  the  Lord's  day"  (Chapter 
473);  "An  Act  relative  to  the  aiding  of  blind  persons  by 
the  division  of  the  blind"  (Chapter  526)  and  one  (1)  Resolve 
entitled  "Resolve  in  favor  of  the  widow  of  the  late  Walter 
R.  McDonald,  a  former  member  of  the  department  of  pub- 
lic safety  doing  police  duty"  (Chapter  61)  were  returned  by 
him  with  his  objections  thereto,  to  the  branch  in  which  they 
respectively  originated;  were  reconsidered,  agreeably  to  the 
provisions  of  the  constitution,  and  the  vote  being  taken  on 
their  passage,  the  objections  of  the  governor  thereto  not- 
withstanding, they  were  passed,  and  said  acts  and  resolve 
have  thereby  the  force  of  law. 

Three  (3)  Acts  entitled,  respectively,  "An  Act  relative  to 


Acts  and  Resolves  Approved,  etc.         851 

the  furnishing  of  ballot  boxes  to  cities  and  towns  for  elec- 
tion purposes"  (Chapter  240);  "An  Act  repealing  the  pro- 
visions of  law  authorizing  the  licensing  and  conducting  of 
the  game  commonly  called  beano"  (Chapter  267)  and  "An 
Act  temporarily  restoring  certain  mortality  tables  and  rates 
of  interest  for  the  teachers'  retirement  system"  (Chapter 
496)  were  declared  to  be  emergency  laws  by  the  governor  in 
accordance  with  the  provisions  of  the  forty-eighth  amend- 
ment to  the  Constitution  "The  Referendum.  II.  Emer- 
gency Measures".  Said  Chapter  240  thereby  took  effect  at 
12.02  P.M.  on  June  15,  1943;  said  Chapter  267  at  12.55  p.m. 
on  June  15,  1943  and  said  Chapter  496  at  10.08  a.m.  on 
July  1,  1943. 

The  general  court  was  prorogued  on  Saturday,  June  12, 
1943,  at  midnight,  the  session  having  occupied  158  days. 


852  Return  of  Votes,  etc. 


Return  of  votes  on  question  no.  1,  being  an  initiative  petition, 
submitted  under  the  provisions  of  article  xlviii  of  the  amend- 
ments to  the  constitution  to  the  voters  of  the  commonwealth 
at  the  state  election  held  november  3,  1942. 

Question  No.  1  —  Law  Proposed  by  Initiative  Petition. 

Shall  the  proposed  measure  which  provides  that  the  present  statutes  which 
make  it  a  crime  punishable  by  fine  or  imprisonment  knowingly  to  advertise, 
print,  publish,  distribute  or  circulate  any  matter  containing  reference  to 
any  person  from  whom  or  place  where  any  drug,  instrument  or  means  what- 
ever, or  any  advice  or  information  may  be  obtained,  for  the  purpose  of  pre- 
venting pregnancy ,  or  to  sell,  lend,  give  away,  exhibit,  offer  or  advertise  any 
drug,  medicine,  instrument  or  other  article  for  the  prevention  of  conception, 
or  to  write  or  print  information  of  any  kind  stating  when,  where,  how,  of 
whom,  or  by  what  means  such  article  can  be  obtained,  or  to  manufacture  or 
make  such  article,  shall  not  apply  to  treatment  or  prescription  given  to  mar- 
ried persons  for  protection  of  life  or  health  by  or  under  the  direction  of 
registered  physicians  nor  to  teaching  in  chartered  medical  schools  nor  to 
publication  or  sale  of  medical  treatises  or  journals,  which  was  disap- 
proved in  the  House  of  Representatives  by  a  vote  of  77  in  the  affirmative 
and  133  in  the  negative  and  in  the  Senate  by  a  vote  of  16  in  the  affirma- 
tive and  18  in  the  negative,  be  approved? 

County  of  Barnstable. 
Cities  and  Towns.  Yes.  No.  Blanks.         Ball!^ 

Barnstable 1.066                  871                   613               2,550 

Bourne     ........  473 

Brewster  ........  132 

Chatham 301 

Dennis      ........  358 

Eastham 70 

Falmouth            .......  732 

Harwich   ........  377 

Mashpee  ........  58 

Orleans     ........  271 

Provincetown    .......  289 

Sandwich            .......  213 

Truro 91 

WeUfteet 124 

Yarmouth          .......  382 

Totals 4.937  3,855  3.199  11,991 


County  of  Berkshire. 


Adams 1,047 

Alford 25 

Becket 73 

Cheshire  ........  203 

Clarksburg 99 

Dalton 998 

Egremont           .......  90 

Florida 20 

Great  Barrington        ......  881 

Hancock 49 

Hinsdale 184 


372 

332 

1,177 

55 

113 

300 

214 

279 

794 

192 

269 

819 

39 

82 

191 

698 

420 

1,850 

222 

217 

816 

28 

57 

143 

111 

159 

541 

419 

112 

820 

205 

161 

579 

86 

48 

225 

100 

109 

333 

243 

228 

853 

2,174 

1,123 

4,344 

12 

14 

51 

50 

44 

167 

204 

115 

522 

195 

119 

413 

595 

304 

1,897 

49 

69 

208 

49 

25 

94 

800 

684 

2,365 

32 

54 

135 

136 

102 

422 

Return  of  Votes,  etc. 

County  of  Berkshire  —  Concluded. 


853 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Lanesborough    . 

Lee 

Lenox 

Monterey 

Mount  Washington 

New  Ashford     . 

New  Marlborough 

North  Adams 

Otis 

Peru 

PlTTSFIELD 

Richmond 
Sandisfield 
Savoy- 
Sheffield   . 
Stockbridge 
Tyringham 
Washington 
West  Stockbridge 
Williamstown    . 
Windsor    . 

Totals 


272 

126 

113 

511 

503 

639 

319 

1,461 

416 

403 

197 

1,016 

76 

34 

51 

161 

17 

10 

9 

36 

17 

3 

14 

34 

123 

64 

71 

258 

1,544 

3,911 

1,459 

6,914 

56 

31 

40 

127 

20 

8 

12 

40 

7,493 

6,841 

3,474 

17,808 

121 

41 

34 

196 

44 

20 

65 

129 

25 

34 

52 

111 

251 

122 

150 

523 

289 

220 

107 

616 

50 

9 

13 

72 

32 

12 

17 

61 

116 

95 

107 

318 

533 

487 

256 

1.276 

40 

22 

33 

95 

15,707 


17,428 


9,246 


42,381 


County  of  Bristol. 


Acushnet 

Attleboro 

Berkley     . 

Dartmouth 

Dighton    . 

Easton 

Fairhaven 

Fall  River 

Freetown 

Mansfield 

New  Bedford 

North  Attleborough 

Norton 

Raynham 

Rehoboth 

Seekonk    . 

Somerset  . 

Swansea    . 

Taunton 

Westport 

Totals 


309 

440 

255 

1,004 

2,211 

3,029 

1,482 

6,722 

90 

87 

69 

246 

912 

746 

515 

2,173 

292 

341 

207 

840 

771 

691 

473 

1,935 

1,159 

1,127 

579 

2,865 

8,259 

20,095 

6,691 

35,045 

248 

120 

130 

498 

738 

812 

545 

2,095 

9,133 

15,611 

6,785 

31,529 

1,262 

1,891 

774 

3,927 

393 

341 

209 

943 

238 

233 

169 

640 

313 

233 

198 

744 

462 

400 

331 

1,193 

607 

907 

371 

1,885 

542 

644 

274 

1,460 

2,616 

5,325 

2,547 

10,488 

398 

424 

273 

1,095 

30,953 


53,497 


22,877 


107,327 


County  of  Dukes  County. 


Chilmark 
Edgartown 
Gay  Head 
Gosnold  . 
Oak  Bluffs 
Tisbury  . 
West  Tisbury 

Totals 


49 

16 

22 

87 

165 

126 

89 

380 

8 

8 

11 

27 

12 

11 

11 

34 

162 

188 

134 

484 

215 

133 

113 

461 

38 

10 

22 

70 

649 


492 


402 


1,543 


County  of  Essex. 


Amesbury 
Andover  . 
Beverly  . 
Boxford  . 
Danvers  . 
Essex 
Georgetown 


895 

1,858 

728 

3,481 

2,033 

1,538 

668 

4,239 

3,851 

3,629 

1,881 

9,361 

148 

72 

39 

259 

1,460 

1,491 

670 

3,621 

203 

120 

112 

435 

352 

232 

209 

793 

854 


Return  of  Votes,  etc. 

County  of  Essex  —  Concluded. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


Gloucester 

Groveland 

Hamilton 

Haverhill 

Ipswich     . 

Lawrence 

LT^f^r 

Lynnfield 

Manchester 

Marblehead 

Merrimac 

Methuen  . 

Middleton 

Nahant     . 

Newbury 

Newburyport 

North  Andover 

Pbabody 

Rockport 

Rowley     . 

Salem 

Salisbury 

Saugus 

Swampscott 

Topsfield 

Wenham  . 

West  Newbury 

Totals 


1.917 

1,911 

1.520 

5,.34S 

347 

277 

150 

774 

477 

291 

111 

879 

4,761 

6,154 

2,516 

13,431 

747 

817 

387 

1,951 

5,802 

15,229 

5,853 

26,884 

11,267 

16,132 

5,499 

32,898 

624 

320 

201 

1,145 

451 

365 

201 

1,017 

2,703 

1,518 

606 

4,827 

398 

266 

256 

920 

2,763 

3,110 

1,220 

7,093 

233 

174 

120 

527 

-  378 

391 

164 

933 

240 

173 

147 

560 

1,619 

2,157 

1,781 

5,557 

1,257 

1,244 

493 

2,994 

1,591 

3,477 

1,317 

6,385 

629 

342 

276 

1,247 

249 

204 

151 

604 

3,845 

10,027 

2,501 

16,373 

289 

235 

261 

785 

2,195 

1,764 

764 

4,723 

2,383 

1,695 

583 

4.661 

258 

90 

59 

407 

368 

157 

86 

611 

216 

115 

99 

429 

56,949 


77,575 


31,628 


166,152 


County  of  Franklin. 


Ashfield    . 

Bernardston 

Buckland 

Charlemont 

Coh-ain 

Conway    . 

Deerfield  . 

Erving 

Gill  . 

Greenfield 

Hawley     . 

Heath 

Leverett   . 

Leyden 

Monroe    . 

Montague 

New  Salem 

Northfield 

Orange 

Rowe 

Shelburne 

Shutesbury 

Sunderland 

Warwick  . 

Wendell    . 

Whately  . 

Totals 


119 

59 

62 

240 

134 

74 

75 

283 

228 

230 

148 

606 

104 

84 

80 

268 

167 

164 

88 

419 

151 

72 

82 

305 

337 

246 

188 

771 

108 

122 

70 

300 

156 

40 

73 

269 

2.581 

1,825 

777 

5,183 

15 

20 

12 

47 

29 

35 

15 

79 

54 

28 

28 

110 

24 

25 

34 

83 

29 

23 

19 

71 

757 

888 

491 

2,136 

50 

33 

36 

119 

327 

150 

105 

582 

664 

606 

592 

1,862 

26 

12 

-  19 

57 

351 

178 

146 

675 

16 

21 

14 

51 

144 

54 

45 

243 

61 

38 

37 

136 

34 

21 

29 

84 

105 

73 

107 

285 

6,771 


5,121 


3,372 


1.5,264 


County  of  Hampden. 


Agawam   . 

Blandford 

Brimfield 

Chester     . 

Chicopee 

East  Longmeadow 

Granville 

Hampden 

Holland    . 


951 

877 

396 

2,224 

105 

45 

31 

181 

150 

96 

68 

314 

146 

108 

102 

356 

3,290 

7,420 

3,045 

13,755 

642 

438 

222 

1,302 

80 

44 

58 

182 

233 

138 

83 

454 

52 

33 

17 

102 

Return  of  Votes,  etc. 

County  of  Hampden  —  Concluded. 


855 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


HOLYOKE 

Longmeadow 

Ludlow     . 

Monson     . 

Montgomery 

Palmer 

Russell 

South  wick 

Springfield 

Tolland     . 

Wales 

West  Springfield 

Westpield 

Wilbraham 

Totals 


5,764 

10,755 

3.456 

19.965 

1,685 

632 

249 

2.566 

754 

950 

341 

2,045 

425 

467 

306 

1,198 

13 

19 

9 

41 

746 

1,405 

694 

2,845 
3io 

145 

140 

105 

183 

97 

110 

390 

20,546 

22,775 

8,064 

51,385 

15 

1 

15 

31 

46 

31 

29 

106 

2,374 

2,216 

784 

5.374 

2,215 

2,507 

1,325 

6.047 

491 

384 

152 

1.027 

41,041 


51,578 


19.661 


112.280 


County  of  Hampshire. 


Amherst   . 

Belchertown 

Chesterfield 

Cummington 

Easthampton 

Goshen 

Granby     . 

Hadley 

Hatfield    . 

Huntington 

Middlefield 

Northampton 

Pelham 

Plainfield 

South  Hadley 

Southampton 

Ware 

Westhampton 

Williamsburg 

Worthington 

Totals 


1.473 

684 

274 

2,431 

317 

268 

155 

740 

77 

23 

27 

127 

112 

33 

39 

184 

1.035 

1,366 

553 

2,954 

60 

18 

31 

109 

144 

131 

69 

344 

239 

220 

110 

569 

148 

252 

124 

524 

121 

168 

87 

376 

22 

15 

9 

46 

3.160 

3,211 

1,104 

7.475 

107 

17 

23 

147 

32 

18 

30 

80 

1.116 

1.039 

353 

2,508 

185 

96 

69 

350 

554 

1,157 

739 

2,450 

65 

28 

18 

111 

306 

253 

112 

671 

75 

22 

26 

123 

9,348 


9,019 


3,952 


22,319 


County  of  Middlesex. 


Acton        ........             510 

331 

211 

1,052 

Arlington 

5,541 

7,756 

1,611 

14,908 

Ashby       . 

186 

47 

51 

284 

491 

460 

207 

1,158 

Ayer 

366 

390 

167 

923 

Bedford    . 

367 

284 

138 

789 

Belmont   . 

4,942 

4,953 

1,024 

10,919 

Billerica    . 

886 

1,131 

361 

2,378 

Boxborough 

61 

37 

29 

127 

Burlington 

287 

283 

173 

743 

Cambridge 

11,042 

19,004 

4,719 

34,765 

Carlisle 

133 

55 

50 

238 

Chelmsford 

1,103 

1,079 

489 

2.671 

Concord    . 

1,384 

1,093 

392 

2.869 

Draout 

459 

1.100 

329 

1.888 

Dunstable 

62 

31 

17 

110 

Everett  . 

4,467 

7.110 

2,512 

14.089 

Framingham 

2,694 

3,851 

1,279 

7.824 

479 

410 

207 

1.096 

465 

446 

196 

1.107 

Hopkinton 

431 

555 

190 

1.176 

708 

1,395 

511 

2,614 

Lexington 

2,353 

1.548 

478 

4,379 

467 

175 

62 

Littleton  . 

278 

154 

112 

544 

856 


Return  of  Votes,  etc. 

County  of  Middlesex  —  Concluded. 


Cities  and  Towns.                                   Yes. 

No. 

Blanks. 

Tota! 
Ballots. 

Lowell    ........          6,859 

21,880 

5,507 

34,246 

Malden  . 

6,329 

8,443 

3,591 

18,363 

Marlborough 

1.671 

3,683 

1,438 

6,692 

Maynard 

790 

1,099 

493 

2,382 

Medford 

6,941 

12,397 

3,226 

22,564 

Melrose 

5,930 

3,808 

1,.300 

11,038 

NSitick      . 

1,954 

2,638 

894 

5,486 

Newton  . 

14,515 

11,233 

2,977 

28,725 

North  Reading 

391 

425 

237 

1,053 

Pepperell 

345 

348 

190 

883 

Reading    . 

2,301 

1,564 

580 

4,445 

Sherborn  . 

187 

100 

52 

339 

Shirley 

233 

289 

142 

664 

Somerville 

8,920 

18,318 

5,405 

32,643 

Stoneham 

1,619 

1,611 

591 

3,821 

Stow 

202 

123 

90 

415 

Sudbury    . 

396 

196 

104 

696 

Tewksbury 

382 

485 

168 

1,035 

Townsend 

333 

179 

177 

689 

Tyngsborough 

185 

184 

81 

450 

Wakefield 

2,513 

2,647 

1,075 

6,235 

Waltham 

5,033 

7.089 

2,339 

14,461 

Watertown 

4,101 

6,579 

1,674 

12,354 

Wayland  . 

663 

467 

275 

1,405 

Westford 

356 

525 

228 

1,109 

Weston     . 

1,106 

595 

168 

1,869 

Wilmington 

540 

613 

245 

1,398 

Winchester 

3,026 

2,130 

614 

5,770 

WOBURN    . 

1,585 

3,776 
167,102 

973 

6,334 

Totals 

119,468 

50,349 

336,919 

County  of  Nantucket. 


Nantucket 


338 


296 


508 


1,142 


County  of  Norfolk. 


Avon 267 

346 

160 

773 

Bellingham 

200 

626 

272 

1,098 

Braintree 

3,018 

2,426 

1,053 

6,497 

Brookline 

10,871 

6,641 

2,664 

20,176 

Canton 

824 

1.010 

329 

2,163 

Cohasaet  . 

624 

459 

178 

1,261 

Dedham   . 

2,467 

2.757 

1,005 

6,229 

Dover 

343 

157 

79 

579 

Foxborough 

666 

624 

357 

1,647 

Franklin   . 

654 

1.074 

579 

2,307 

Holbrook 

586 

541 

292 

1,419 

Medfield  . 

354 

287 

220 

861 

Med  way   . 

' 

389 

471 

299 

1,159 

Millis 

298 

382 

249 

929 

Milton 

3,635 

4.660 

882 

9,177 

Needham 

3,221 

1.471 

745 

5,437 

Norfolk     . 

208 

152 

88 

448 

Norwood 

1.684 

2,657 

723 

5,064 

Plainville 

302 

218 

207 

727 

QUINCY       . 

10,004 

10,994 

4,616 

25,614 

Randolph 

864 

1,252 

465 

2,.5S1 

Sharon 

766 

479 

290 

1,535 

Stoughton 

947 

1,361 

491 

2,799 

Walpole    . 

1,171 

1,053 

520 

2,744 

Wellesley 

3,967 

1,709 

628 

6,304 

Westwood 

885 

490 

226 

1,601 

Weymouth 

3.116 

3,309 

1,346 

7,771 

Wrentham 

368 

298 

250 

916 

Totals 

52.699 

47,904 

19,213 

119.816 

Return  of  Votes,  etc. 

County  of  Plymouth. 


857 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
BaUots. 


Abington 

Bridgewater 

Brockton 

Carver 

Duxbury  . 

East  Bridgewater 

Halifax 

Hanover   . 

Hanson 

Hingham 

Hull 

Kingston 

Lakeville 

Marion 

Marsh  field 

Mattapoisett 

Middleborough 

Nor  well     . 

Pembroke 

Plymouth 

Plvmpton 

Rochester 

Rockland 

Scituate    . 

Wareham 

West  Bridgewater 

Whitman 

Totals 


793 

850 

356 

1,999 

733 

597 

414 

1,744 

7,019 

10,039 

3,902 

20,960 

112 

64 

54 

230 

508 

199 

154 

861 

558 

422 

273 

1,253 

125 

78 

44 

247 

361 

240 

168 

769 

279 

193 

146 

618 

1,535 

1,050 

265 

2,850 

306 

531 

178 

1,015 

349 

274 

190 

813 

182 

129 

118 

429 

328 

190 

173 

691 

503 

241 

178 

922 

214 

173 

144 

531 

1,069 

1,022 

671 

2,762 

403 

200 

135 

738 

308 

120 

92 

520 

1,501 

1,302 

868 

3,671 

76 

37 

29 

142 

107 

81 

49 

237 

740 

1,340 

415 

2,495 

752 

559 

274 

1,585 

641 

650 

443 

1,734 

416 

324 

207 

947 

917 

1,221 

555 

2,693 

20,835 


22,126 


10,495 


53,456 


County  of  Suffolk. 


Boston 

Chelsea  . 
Revere  . 
Winthrop 

Totals 


70,706 

139.307 

38,929 

248,942 

3,461 

4,686 

2,649 

10,796 

2,719 

4,919 

1,509 

9,147 

2.385 

3,078 

788 

6,251 

79,271 


151,990 


43,875 


275,136 


County  of  Worcester. 


Ashburnham 

Athol 

Auburn 

Barre 

Berlin 

Blackstone 

Bolton 

Boylston 

Brookfield 

Charlton 

Clinton 

Douglas 

Dudley 

East  Brookfield 

FlTCHBDRO 

Gardner 
Grafton     . 
Hardwick 
Harvard    . 
Holden 
Hopedale 
Hubbardston 
Lancaster 
Leicester  . 
Leominster 
Lunenburg 
Mendon    . 
Milford     . 
Millbury  . 
Millville   . 
New  Braintree 


348 

238 

140 

726 

1.200 

1,449 

703 

3,352 

1,082 

914 

448 

2,444 

423 

402 

237 

1,062 

169 

129 

86 

384 

231 

1,108 

280 

1,619 

121 

75 

69 

265 

228 

91 

67 

386 

206 

136 

91 

433 

263 

263 

186 

712 

1,287 

2,908 

1,173 

5,368 

308 

458 

116 

882 

259 

588 

223 

1,070 

88 

128 

38 

254 

4,835 

7,329 

2,332 

14,496 

2,278 

2,697 

1,313 

6,288 

705 

848 

388 

1.941 

209 

368 

179 

756 

206 

111 

67 

384 

1,073 

463 

232 

1,768 

476 

523 

244 

1,243 

173 

53 

64 

290 

395 

280 

154 

829 

528 

792 

208 

1,528 

2,216 

3,570 

1,312 

7,098 

448 

233 

151 

832 

190 

215 

105 

510 

1,057 

2,188 

1,457 

4,702 

666 

941 

313 

1,920 

60 

323 

120 

503 

27 

60 

25 

112 

858 


Return  of  Votes,  etc. 

County  of  Worcester  —  Concluded. 


Cities  and  Towns. 


Yes. 


No. 


Blanks. 


Total 
Ballots. 


North  Brookfield 

Northborough 

Northbridge 

Oakham    . 

Oxford      . 

Paxton 

Petersham 

Phillipston 

Princeton 

Royalston 

Rutland    . 

Shrewsbury 

Southborough 

Southbridge 

Spencer     . 

Sterling     . 

Sturbridge 

Sutton 

Templeton 

Upton 

Uxbridge 

Warren     . 

Webster    . 

West  Boylston 

West  Brookfield 

Westborough 

Westminster 

Winchendon 

Worcester 

Totals 


295 

461 

192 

948 

424 

366 

127 

917 

1,061 

1,903 

557 

3,521 

74 

53 

27 

154 

432 

581 

249 

1.262 

195 

85 

42 

322 

167 

67 

76 

310 

54 

24 

27 

105 

118 

48 

60 

226 

102 

55 

51 

208 

260 

220 

93 

573 

1,288 

923 

333 

2,544 

350 

310 

118 

778 

947 

2,616 

773 

4,336 

507 

1,069 

364 

1,940 

370 

160 

116 

646 

181 

230 

117 

528 

264 

370 

131 

765 

527 

377 

278 

1.182 

308 

417 

209 

934 

575 

1,169 

440 

2,184 

353 

504 

348 

1,205 

943 

2,620 

819 

4,382 

374 

166 

113 

653 

187 

174 

111 

472 

799 

793 

316 

1,908 

311 

117 

111 

539 

620 

689 

425 

1,734 

23,157 

28,628 

9,776 

61,561 

56,998 


75,076 


28,920 


160,994 


Aggregate  of  Votes. 


Counties. 


Yea. 


No. 


Blanks. 


Total 
Ballots. 


Barnstable 

Berkshire 

Bristol    . 

Dukes  County 

Essex 

Franklin 

Hampden 

Hampshire 

Middlesex 

Nantucket 

Norfolk 

Plymouth 

Suffolk  . 

Worcester 

Totals 


4.937 

3,855 

3,199 

11,991 

15,707 

17,428 

9,246 

42,381 

30,953 

53,497 

22,877 

107,327 

649 

492 

402 

1,543 

56,949 

77,575 

31,628 

166,152 

6,771 

5,121 

3,372 

15,264 

41,041 

51,578 

19,661 

112,280 

9,348 

9,019 

3,952 

22,319 

119,468 

167.102 

50,349 

336,919 

338 

296 

508 

1,142 

52,699 

47,904 

19,213 

119,816 

20,835 

22,126 

10.495 

53,456 

79,271 

151,990 

43,875 

275.136 

56,998 

75,076 

28.920 

160,994 

495,964 


683,059 


247,697         1.426.720 


APPENDIX 


The  following  table  and  indexes  have  been  prepared  by  Fernald 
HuTCHiNs,  Esq.,  and  Henry  D.  Wiggin,  Esq.,  counsel,  respectively, 
to  the  Senate  and  House  of  Representatives,  in  accordance  with  sec- 
tion fifty-one  of  chapter  three  of  the  General  Laws,  as  amended. 


TABLE 


SHOWING 

TO  WHAT  EXTENT  THE  GENERAL  LAWS  OF  THE  COMMON- 
WEALTH,   AS    APPEARING    IN    THE    TERCENTENARY 
EDITION,  HAVE  BEEN  AFFECTED  BY  LEGISLATION 
ENACTED    BY    THE    GENERAL    COURT    SINCE 
JANUARY     FIRST,     NINETEEN     HUNDRED 
AND  THIRTY-TWO.*  t 


Chapter  1.  —  Jurisdiction  of  the  Commonwealth  and  of  the  United  States. 

Sect.  3  revised,  1933,  278  §  1. 

Chapter  2.  —  Arms,  Great  Seal  and  Other  Emblems  of  the  Commonwealth. 

Sect.  8  added,  1941,  121  (designating  the  American  elm  as  the  state 
tree). 

Sect.  9  added,  1941, 121  (designating  the  Chickadee  as  the  state  bird). 

Chapter  3.  —  The  General  Court. 

Sect.  5  amended,  1937,  364  §  1;  1939,  508  §  1. 

Sect.  6  revised,  1937,  364  §  2;  amended,  1939,  424  §  1;  repealed, 
1943,  549  §  2.     (See  1939,  424  §  3.) 

Sect.  6A  added,  1939,  424  §  2  (imposing  restrictions  on  the  granting 
of  authority  to  use  the  designation  of  junior  college);  repealed,  1943, 
549  §  2.     (See  1939,  424  §  3.) 

Sect.  7  revised,  1937,  364  §  3;  first  sentence  amended,  1943,  549 
§2A. 

Sect.  9  revised,  1937,  236  §  1;  1941,  307  §  1;  amended,  1941,  600  §  1. 
(See  1941,  307  §  2;  1941,  600  §  2.) 

Sect.  11  repealed,  1937,  236  §  2. 

Sect.  12  revised,  1937,  360  §  1;  1943,  260  §  1.  (See  1937,  360  §§3-5; 
1943,  260  §  3.) 

Sect.  13  revised,  1937,  360  §  2;  amended,  1941,  230;  revised,  1943, 
260  §  2.    (See  1937,  360  §§  3-5;   1943,  260  §  3.) 

Sect.  18  amended,  1941,  433  §  1;   1943,  104.     (See  1941,  433  §  4.) 

Sect.  19  amended,  1935,  210. 

*  For  table  showing  changes  in  legislation  made  during  the  years  1921  to  1931, 
inclusive,  see  Table  of  Changes  contained  in  pages  485-597  of  the  Acts  and  Resolves 
of  1932. 

t  References  in  this  table  are  to  the  Tercentenary  Edition  of  the  General  Laws, 
as  most  recently  amended,  unless  otherwise  specified. 


862  Changes  in  the  [Chaps.  4-6. 

Sect.  20  revised,  1939,  508  §  2;  amended,  1941,  433  §  2.  (See  1941, 
433  §  4.) 

Sect.  20A  added,  1937,  189  (relative  to  the  purchase  of  uniforms  for 
the  sergeant-at-arms,  doorkeepers,  assistant  doorkeepers,  general  court 
officers  and  pages  of  the  general  court). 

Sect.  22  amended,  1939,  508  §  3. 

Sect.  23  revised,  1941,  347. 

Sect.  46  amended,  1939,  508  §  4. 

Sect.  47  amended,  1939,  508  §  5. 

Sect.  49  amended,  1939,  508  §  6. 

Sect.  51  amended,  1939,  508  §  7. 

Sect.  53  revised,  1939,  376  §  1.     (See  1939,  376  §  2.) 


Chapter  4.  —  Statutes. 

Sect.  5  revised,  1935,  69. 

Sect.  7,  clause  Ninth  revised,  1941,  509  §  1;  clause  Eighteenth 
amended,  1934,  283;  1935,  26;  1936,  180;  1937,  38;  1938,  245;  1941, 
91  §  1.     (See  1941,  509  §  9.) 

Sect.  10.    Affected,  1942,  5. 

Chapter  5.  —  Printing  and   Distribution  of  Laws  and   Public  Documents. 

As  to  the  distribution  of  the  Tercentenary  Edition  of  the  General 
Laws,  see  1932,  Resolve  53;  1933,  Resolve  19;  1935,  Resolve  18;  1937, 
Resolve  16;   1939,  Resolve  19;   1941,  Resolve  19. 

Sect.  1,  last  paragraph  revised,  1932,  254;  two  paragraphs  added  at 
end,  1937,  373;  section  revised,  1938,  419;   amended,  1941,  428. 

Sect.  2,  paragraphs  (4)  and  (6)  revised,  1939,  508  §  8. 

Sect.  3,  paragraphs  in  twelfth  to  forty-second  lines,  amended,  1938, 
196;  1941,  351  §  1. 

Sect.  6  amended,  1939,  508  §  9;  revised,  1943,  344  §  1. 

Sect.  9  amended,  1933,  245  §  1. 

Sect.  10  revised,  1939,  508  §  10. 

Sect.  11,  paragraph  in  thirteenth  line  revised,  1941,  329. 

Sect.  18  amended,  1935,  226  §  1;  revised,  1943,  313. 


Chapter   6.  —  The   Governor,    Lieutenant   Governor   and    Council,    Certain 
Officers  under  the  Governor  and  Council,  and  State  Library. 

For  temporary  legislation  establishing  an  emergency  finance  board, 
and  defining  its  powers  and  duties,  see  1933,  49. 

For  temporary  legislation  establishing  the  emergency  public  works 
commission,  and  defining  its  powers  and  duties,  see  1933,  365,  as  affected 
by  1933,  368;  term  extended,  1935,  380;  1937,  338;  1938,  20,  501  §  3; 
1941,  720  §  16;   1943,  517  §  3. 

Sect.  3  amended,  1943,  314  §  1.     (See  1943,  314  §  2.) 

Sect.  8  amended,  1941,  722  §  1;  revised,  1943,  348  §  1. 

Sect.  12B  added,  1932,  14  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  Brigadier  General  Casimir  Pulaski). 

Sect.  12C  added,  1932,  153  (relative  to  the  observance  of  the  anni- 
versary of  the  battle  of  Bunker  Hill).     (See  1941,  91.) 


Chap.  6.)  GENERAL  LaWS.  863 

Sect.  12D  added,  1932,  242  (relative  to  the  observance  of  the 
anniversary  of  the  Boston  Massacre,  etc.). 

Sect.  12E  added,  1934,  191  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  Commodore  John  Barry). 

Sect.  12F  added,  1935,  23  (relative  to  the  observance  of  the  anni- 
versary of  the  battle  of  New  Orleans);   amended,  1938,  49. 

Sect.  12G  added,  1935,  96  (providing  for  an  annual  proclamation  by 
the  governor  relative  to  American  Education  Week). 

Sect.  12H  added,  1935,  148  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  General  Marquis  de  Lafayette). 

Sect.  121  added,  1935, 184  (relative  to  the  annual  observance  of^Indian 
Day) ;  revised,  1939,  56. 

Sect.  12J  added,  1938,  22  (relative  to  the  annual  observance  of  April 
nineteenth  as  Patriots'  Day). 

Sect.  12K  added,  1938,  80  (relative  to  the  annual  observance  of 
Evacuation  Day,  so  called). 

Sect.  12L  added,  1941,  387  (relative  to  the  annual  observance  of 
Veteran  Firemen's  Muster  Day). 

Sect.  16  amended,  1941,  490  §  1. 

Sect.  17  amended,  1932,  305  §  1;  1933,  120  §  1,  336  §  1;  1934,  374 
§  1;   1935,  475  §  1;  revised,  1939,  393  §  1.    (See  1933,  336  §  3.) 

Sect.  18  and  heading  stricken  out  and  new  section  inserted,  under 
heading  "armory  commission",  1937,  300j§  1;  sentence  added  at  end, 
1941,  19.    (See  1937,  300  §  2.) 

Sect.  22  amended,  1936,  341  §  1;  heading  and  section  amended, 
1943,  455  §  1.     (See  1936,  341  §  2.) 

Sect.  24  amended,  1941,  596  §  1;   1943,  455  §  2. 

Sect.  28  amended,  1938,  18. 

Sect.  28A  amended,  1934,  208  §  1. 

Sect.  28E  added,  1934,  208  §  2  (relative  to  the  dissemination  of  in- 
formation concerning  the  public  bequest  fund). 

Sect.  31  revised,  1943,  479. 

Sect.  32,  paragraph  added  at  end,  1937,  227;  same  paragraph  revised, 
1938,  473  §  1;  same  paragraph  revised,  1943,  43. 

Sect.  42  added,  under  caption  "milk  regulation  board",  1932, 
305  §  2. 

Sects.  43-45  added,  1933,  120  §  2  (relative  to  the  alcoholic  beverages 
control  commission). 

Sect.  43  amended,  1933,  375  §  1. 

Sect.  44,  first  paragraph  revised,  1933,  376  §  1. 

Sect.  45  revised,  1941,  596  §  2. 

Sects.  46  and  47  added,  1933,  336  §  2  (relative  to  the  Greylock  reser- 
vation commission).     (See  1933,  336  §  3.) 

Sect.  48  added,  under  caption  "state  racing  commission",  1934, 
374  §  2;  last  paragraph  revised,  1941,  596  §  3. 

Sects.  49-52  added,  under  caption  "state  planning  board",  1935, 
475  §  2. 

Sect.  49  amended,  1936,  307;  1939,  451  §  1;  revised,  1941,  466  §  5. 
(See  1941,  466  §§  1-4,  7A,  8.) 

Sect.  50A  added,  1941,  466  §  7  (relative  to  the  powers  and  duties  of 
the  state  planning  board  formerly  exercised  by  the  metropoHtan  plan- 
ning division).    (See  1941,  466  §§  1-4,  7A,  8.) 


864  Changes  in  the  [Chaps.  7-9. 


Chapter  7.  —  Commission  on  Administration  and  Finance. 

Sect.  6A  added,  1941,  433  §  3  (providing  for  the  appointment  of  the 
postmaster  and  assistant  postmaster  of  the  central  mailing  room  by  the 
Commission  on  Administration  and  Finance).     (See  1941,  433  §  4.) 

Sect.  22,  clause  (17)  revised,  1933,  353  §  1. 

Sect.  23A  added,  1933,  353  §  2  (providing  a  preference  in  the  pur- 
chase of  supplies  and  materials  by  contractors  for  certain  state  work  in 
favor  of  domestic  supplies  and  materials). 

Sect.  25A  added,  1943,  344  §  2  (authorizing  the  state  purchasing 
agent  to  regulate  purchases  of  supplies  and  transfers  thereof  from  one 
state  agencv  to  another). 

Sect.  26  amended,  1939,  451  §  2. 

Sect.  33  revised,  1939,  499  §  1. 


Chapter  8.  ■ —  State  Superintendent  of  Buildings,  and  State  House. 

Sects.  1-12  affected,  1935,  327;  1941,  627  §  3. 

Sect.  1  revised,  1938,  249  §  1.  (See  1938,  249  §  6.) 

Sect.  4  amended,  1935,  251;  revised,  1937,  84  §  1;  1938,  249  §  2. 

(See  1937,  84  §  2;  1938,  249  §  6.) 

■  Sect.  5  revised,  1935,  460  §  1;  amended,  1938,  387  §  1.  (See  1935, 

460  §  2;  1938,  387  §  2.) 

Sect.  9  amended,  1938,  249  §  3.  (See  1938,  249  §  6.) 

Sect.  10  amended,  1938,  249  §  4;  1943,  440  §  1.  (See  1938,  249  §  6.) 

Sect.  lOA  revised,  1933,  170;  1941,  267;  amended,  1943,  440  §  2. 

Sect.  12  revised,  1938,  249  §  5.  (See  1938,  249  §  6.) 

Sect.  17  amended,  1932,  188  §  1;  1933,  199  §  1. 

Sect.  18  amended,  1932,  188  §  2;  1933,  199  §  2. 


Chapter  9.  —  Department  of  the  State  Secretary. 

Sect.  2  revised,  1935,  416;  1939,  283;  1941,  587. 

Sect.  6  amended,  1934,  25  §  1. 

Sect.  7  amended,  1934,  25  §  2;  1939,  342  §  1. 

Sect.  9  amended,  1934,  127. 

Se'ct.  15  amended,  1934,  19. 

Sect.  17  amended,  1934,  37;  revised,  1936,  31  §  1. 

Sect.  20  added,  1935,  402  (regulating  the  publication  and  sale  of  the 
Massachusetts  Reports  and  of  the  advance  sheets  of  the  opinions  and 
decisions  of  the  Supreme  Judicial  Court);  revised,  1943,  426, 

Sects.  21-25  added,  under  the  caption  "commission  on  interstate 
co-operation",  1937,  404  §  1  (estabhshing  a  commission  on  interstate 
co-operation  as  successor  to  the  commission  on  interstate  compacts 
affecting  labor  and  industries  and  defining  its  powers  and  duties,  and 
providing  for  a  commission  required  to  be  established  under  an  inter- 
state compact  on  the  minimum  wage).     (See  1937,  404  §§  2,  3.) 

Sect.  21  amended,  1941,  394  §  1. 

Sect.  23  amended,  1941,  394  §  2. 

Sect.  25  repealed,  1943,  255  §  2.     (See  1943,  255  §  3.) 


Chaps.  10-13.]  GENERAL   LaWS.  865 


Chapter  10.  —  Department  of  the  State  Treasurer. 

For  temporary  legislation  establishing  an  emergency  finance  board, 
and  defining  its  powers  and  duties,  see  1933,  49. 

For  temporary  legislation  establishing  the  emergency  public  works 
commission,  and  defining  its  powers  and  duties,  see  1933,  365,  as  affected 
by  1933,  368;  1939,  417,  418;  term  extended,  1935,  380;  1937,  338; 
1938,  20,  501  §  3;   1941,  720  §  16;   1943,  517  §  3. 

Sect.  5,  first  sentence  revised,  1941,  596  §  4. 

Sect.  8  amended,  1932,  180  §  1;  revised,  1943,  427  §  1. 

Sect.  11  revised,  1939,  499  §  2. 

Sect.  17  amended,  1941,  194  §  1. 

Sect.  17A  added,  1943,  362  §  2  (providing  for  the  receipt  and  dis- 
posal, by  the  state  treasurer,  of  certain  gifts  made  to  the  commonwealth 
for  military  purposes). 

Chapter  11.  —  Department  of  the  State  Auditor. 

Sect.  2,  first  sentence  revised,  1941,  596  §  5. 


Chapter    12.  —  Department    of    the    Attorney    General,    and    the    District 

Attorneys. 

Sect.  2  amended,  1934,  133  §  1;  revised,  1941,  647  §  2.  (See  1934, 
133  §  2.) 

Sect.  3,  last  sentence  amended,  1932,  180  §  2;  section  amended, 
1943,  83  §  1. 

Sect.  3B  amended,  1933,  318  §  1;  1934,  291  §  1;  paragraph  inserted 
after  first  paragraph,  1943,  409  §  3.    (See  1933,  318  §  9;  1934,  291  §  6.) 

Sect.  11  amended,  1939,  499  §  3. 

Sect.  14,  paragraph  in  lines  5  and  6  revised,  1935,  209;  paragraph 
in  lines  7  and  8  revised,  1935,  433  §  1 ;  section  revised,  1935,  458  §  1 ; 
next  to  last  paragraph  revised,  1941,  470  §  1. 

Sect.  15  revised,  1935,  458  §  2;  paragraph  in  line  8  revised,  1937, 
279  §  1. 

Sect.  16,  paragraph  in  lines  9-11  revised,  1935,  433  §  2;  section 
revised,  1935,  458  §  3;  paragraph  in  lines  23  and  24  revised,  1937, 
279  §  2;  next  to  last  paragraph  revised,  1941,  470  §  2. 

Sect.  25  amended,  1937,  64  §  1. 

Chapter  13.  —  Department  of  Civil  Service  and  Registration. 

Sect.  1  revised,  1939,  238  §  1.     (See  1939,  238  §§  52-55.) 

Sect.  2  revised,  1939,  238  §  2;  paragraph  inserted  after  second  para- 
graph, 1941,  403.     (See  1939,  238  §§  52-55.) 

Sect.  2A  added,  1939,  238  §  3  (relative  to  the  appointment  and  com- 
pensation of  civil  service  commissioners) ;  fourth  sentence  revised,  1941, 
457.     (See  1939,  238  §§  52-55.) 

Sect.  3  amended,  1932,  180  §  3;  revised,  1939,  238  §  4.  (See  1939, 
238  §§  52-55.) 

Sect.  4  revised,  1939,  238  §  5. 


866  Changes  in  the  [Chaps,  u,  u. 

Sect.  5  revised,  1939,  238  §  6. 

Sect.  6  revised,  1939,  238  §  7.  , 

Sect.  8  amended,  1934,  329. 

Sect.  10  amended,  1932,  8;  1939,  36. 

Sect.  11  amended,  1937,  379. 

Sect.  12  repealed,  1937,  425  §  13.     (See  1937,  425  §  15.) 

Sects.  12A-12C  added,  under  the  heading  "board  of  registration 
IN  chiropody  (podiatry)",  1937,  425  §  1.    (See  1937,  425  §§  14,  15.) 

Sects.  13-15  and  the  heading  before  section  13  stricken  out  and  new 
sections  13-15D  added  under  heading  "board  of  registration  in 
nursing",  1941,  620  §  2.    (See  1941,  620  §§  1,  4-12.) 

Sect.  17  revised,  1934,  339  §  1. 

Sect.  25  revised,  1941,  596  §  6. 

Sect.  29  and  its  caption  stricken  out  and  new  section  inserted,  under 
the  caption  "board  of  registration  in  embalming  and  funeral 
directing",  1936,  407  §  1.     (See  1936,  407  §§  5-8.) 

Sect.  31  revised,  1936,  407  §  2.     (See  1936,  407  §§  5-8.) 

Sect.  32  revised,  1935,  420  §  1 ;  amended,  1939,  238  §  8.  (See  1935, 
420  §  2.) 

Sect.  36,  second  paragraph  revised,  1941,  596  §  7. 

Sect.  39  amended,  1941,  385  §  1.     (See  1941,  385  §  2.) 

Sect.  40  amended,  1933,  149  §  1;  two  sentences  added  at  end,  1934, 
299  §  1.     (See  1934,  299  §  2.) 

Sect.  41  amended,  1938,  337  §  1.     (See  1938,  337  §  2.) 

Sects.  42-44  added,  under  caption  "board  of  registration  of 
hairdressers",  1935,  428  §  1.    (See  1935,  428  §§  5,  7.) 

Sect.  43  amended,  1937,  385  §  1. 

Sects.  44A-44D  added,  under  caption  "board  of  registration  of 
architects",  1941,  696  §  1.    (See  1941,  696  §§  3,  4.) 

Sects.  45-47  added,  under  caption  "board  of  registration  of  pro- 
fessional engineers  and  of  land  surveyors",  1941,  643  §  1.  (See 
1941,  643  §§  3-5.) 

Sect.  47  amended,  1941,  722  §  lA. 

Chapter  14.  —  Department  of  Corporations  and  Taxation. 

Sect.  2  amended,  1943,  316. 
Sect.  4  revised,  1941,  596  §  8. 


Chapter  15.  —  Department  of  Education. 

Sect.  3  amended,  1941,  138. 

Sect.  3A  added,  1943,  549  §  1  (estabHshing  a  board  of  collegiate 
authority  in  the  department  of  education). 

Se^ct.  4  revised,  1939,  409  §  2.     (See  1939,  409  §§  1,  5.) 

Sect.  5  revised,  1941,  596  §  9. 

Sect.  6A  amended,  1938,  446  §  13;  revised,  1941,  531.  (See  1938, 
446  §  14.) 

Sect.  6B  added,  1941,  676  §  1  (relative  to  the  supervisor  of  guidance 
and  placement).    (See  1941,  646.) 

Sect.  12  revised,  1935,  367;  1939,  409  §  3.    (See  1939,  409  §§  1,  5.) 

Sect.  19  amended,  1942,  1  §  2.     (See  1942,  1  §  9.) 


Chaps.  16-20.]  GENERAL   LaWS.  867 

Sect.  22.  Caption  preceding  section  changed,  1942,  1  §  3;  section 
amended  1942,  1  §  4.    (See  1942,  1  §  9.) 

Chapter  16.  —  Department  of  Public  Works. 

Sect.  5  revised,  1941,  596  §  10. 

Sect.  5A  added,  1938,  407  §  1  (establishing  a  division  of  waterways 
in  the  department  of  piibhc  works).    (See  1941,  695  §  14.) 
Sect.  6  amended,  1935,  418  §  1;  1939,  393  §  2.    (See  1939,  393  §  5.) 

Chapter  17.  —  Department  of  Public  Health. 

Sect.  3  revised,  1939,  233  §  1.  (See  1939,  233  §§  2,  3.) 

Sect.  4  revised,  1941,  596  §  11;  725  §  1.  (See  1941,  725  §§  4-6.) 

Sect.  6  revised,  1941,  725  §  2.  (See  1941,  725  §§  4-6.) 

Sect.  7  revised,  1941,  725  §  3.  (See  1941,  725  §§  4-6.) 

Chapter  18.  —  Department  of  Public  Welfare. 

'  Sect.  7  amended,  1935,  311  §  1;  revised,  1941,  596  §  12. 

Sect.  8  revised,  1941,  351  §  2. 

Sect.  9  revised,  1941,  596  §  13. 

Sects.  17  and  18  added,  under  caption  "state  board  of  housing", 
1933,  364  §  1  (establishing  within  the  department  a  state  board  of 
housing). 

Sect.  17  amended,  1935,  449  §  1;   1938,  485  §  1.    (See  1938,  485  §  2.) 

Sect.  18  amended,  1935,  449  §  lA;  first  sentence  revised,  1941, 
596  §  14. 

Chapter  19.  —  Department  of  Mental  Health. 

Name  of  department  of  mental  diseases  changed  to  department  of 
mental  health,  1938,  486  §  1.    (See  1938,  486  §§  21,  22.) 

Title  revised,  1941,  194  §  2. 

Sect.  1  revised,  1938,  486  §  2;  1939,  511  §  1.  (See  1938,  486  §§  1, 
21   22*   1939   511  §  3  ) 

Sect.  2  revised,  1938,  486  §  3;  1939,  511  §  2.  (See  1938,  486  §§  21, 
22;  1939,  511  §  3.) 

Sect.  3  repealed,  1938,  486  §  4. 

Sect.  4  revised,  1938,  486  §  5.     (See  1938,  486  §§21,  22.) 

Sect.  4A  amended,  1938,  486  §  6.    (See  1938,  486  §§21,  22.) 

Sect.  5  amended,  1935,  314  §  2,  421  §  3.    (See  1935,  421  §§  5,  6.) 

Chapter  20.  —  Department  of  Agriculture. 

Sect.  4  amended,  1933,  74  §  1;  revised,  1934, 340  §  1;  amended,  1941, 
490  §  2;  revised,  1941,  596  §  15;  amended,  1943,  447.     (See  1934,  340 

Sect.  6  added,  1934,  340  §  2  (experts  and  assistants  in  division  of 
livestock  disease  control).    (See  1934,  340  §  18.) 

Sects.  7-9  added,  under  caption  "division  of  milk  control",  1941, 
691  §  1.     (See  1941,  691  §§  3-6.) 

(For  prior  temporary  legislation,  see  1934,  376;  1936,  300;  1938,  334; 
1939,  413;   1941,  418  §  1;  631  §  1.) 


868  Changes  in  the  [Chaps.  21-23. 


Chapter  21.  —  Department  of  Conservation. 

Sect.  1  amended,  1934,  340  §  3;  revised,  1939,  491  §  1.    (See  1934, 
340  §  18;  1939,  491  §  12.) 

Sect.  3  revised,  1933,  75  §  1;  amended,  1934,  340  §  4;  revised,  1939, 
491  §  2.     (See  1934,  340  §  18;  1939,  491  §  12.) 
Sects.  3A  and  3B  repealed,  1932,  180  §  4. 
Sect.  4  revised,  1939,  491  §  3.     (See  1939,  491  §  12.) 
Sect.  6  revised,  1939,  491  §  4.     (See  1939,  491  §  12.) 
Sect.  6 A  inserted,  1941,  599  §  3  (establishing  a  bureau  of  law  enforce- 
ment in  the  division  of  fisheries  and  game).    (See  1941,  599  §  4 A.) 
Sect.  7  revised,  1933,  329  §  3;  1937,  413  §  1.    (See  1937,  413  §§  3,  4.) 
Sect.  7A  added,  1934,  173  §  1  (establishing  the  office  of  state  orni- 
thologist in  the  division  of  fisheries  and  game);  revised,  1939,. 491  §  5. 
(See  1934,  173  §  2;  1939,  491  §  12.) 

Sects.  7B  and  7C  added,  1939,  491  §  6  (relative  to  the  division  of 
wildlife  research  and  management).    (See  1939,  491  §  12.) 
Sect.  8  repealed,  1939,  491  §  7.     (See  1939,  491  §  12.) 
Sect.  8A  revised,  1933,  329  §  4.    Section  stricken  out  and  new  sec- 
tions 8A-8C  added,  1939,  491  §^8.    (See  1939,  491  §  12.) 

Sects.  8B-8C  stricken  out  and  new  sections  8B-8D  inserted,  1941, 
598  §  6.     (See  1941,  598  §§  8,  9.) 

Sects.  9  and  10  repealed,  1934,  340  §  5.     (See  1934,  340  §  18.) 
Sect.  11  revised,  1933,  75  §  2;   section  and  its  caption  stricken  out 
and  new  section  inserted  under  the  caption  "division  of  parks  and 
recreation",  1939,  491  §  9.     (See  1939,  491  §  12.) 
Sect.  12  revised,  1933,  75  §  3;  amended,  1941,  490  §  3. 


Chapter  22.  —  Department  of  Public  Safety. 

Sect.  9A,  sentence  added  at  end,  1939,  503  §  4;  same  sentence  re- 
vised, 1943,  175.     (See  1939,  503  §  5.) 

Sect.  9B  amended,  1939,  508  §  11. 

Sect.  9C  added,  1933,  239  (relative  to  the  uniform  of  members  of  the 
state  police). 

Sect.  13  added,  1943,  544  §  1  (establishing  within  the  department 
of  public  safety,  a  board  of  standards  and  appeals).  (See  1943,  544, 
§7.) 

Chapter  23.  —  Department  of  Labor  and  Industries. 

Sect.  2  revised,  1943,  321. 

Sect.  3  amended,  1934,  331  §  1;  two  sentences  revised,  1935,  479  §  1; 
section  amended,  1941,  490  §  4.    (See  1935,  479  §  7.) 

Sect.  4  amended,  1934,  331  §  2;  1935,  479  §  2;  first  two  sentences 
amended,  1939,  261  §  1;  section  amended,  1941,  490  §  5;  first  two  sen- 
tences revised,  1941,  596  §  16;  same  two  sentences  revised,  1941, 
707  §  1.     (See  1939,  261  §  25.) 

Sect.  5  amended,  1935,  479  §  3.     (See  1935,  479  §  7.) 

Sect.  8  amended,  1939,  261  §  2.     (See  1939,  261  §  25.) 

Sect.  9  revised,  1935,  60  §  1. 

Sect.  9A  revised,  1932,  99;  repealed,  1933,  73. 


Chap.  25.1  GENERAL   LawS.  869 

Sect.  9B  repealed,  1933,  73. 

Sect.  9C  revised,  1932,  187;  repealed,  1933,  73. 

Sect.  9D  repealed,  1939,  261  §  3. 

Sect.  9E  amended,  1941,  490  §  6. 

Sect.  9G  amended,  1939,  459  §  2.     (See  1939,  459  §  3.) 

Sect.  9H  revised,  1933,  362;  1939,  261  §  4. 

Sects.  9I-9N  added,  1935,  479  §  4  (establishing  the  Unemployment 
Compensation  Commission,  and  defining  its  powers  and  duties) ;  same 
sections  revised  and  the  powers  and  duties  of  the  commission  conferred 
and  imposed  upon  the  director  of  the  division  of  unemployment  com- 
pensation, 1939,  20  §  1;  name  of  said  division  changed  to  division  of 
employment  security,  1941,  685  §  4.  (See  1935,  479  §§  6,  7;  1939, 
20  §§  6,  7,  8,  9.) 

Sect.  91,  paragraph  (a)  revised,  1941,  685  §  4;  709  §  4;  paragraph  (b) 
revised,  1941,  596  §  17.     (See  1941,  685  §  6;    709  §§  1-3.) 

Sect.  9K,  first  sentence  revised,  1941,  709  §  5.    (See  1941,  709  §§  1-3.) 

Sect.  9L  amended,  1941,  709  §  6. 

Sect.  9N,  paragraph  (6)  revised,  1941,  611  §  1;  section  revised,  1941, 
685  §  5.     (See  1941,  611  §§  2,  3,  685  §  6.) 

Sects.  90-9R  added,  under  the  caption  "labor  relations  com- 
mission", 1938,  345  §  1  (incorporating  the  provisions  of  1937,  436  rela- 
tive to  the  labor  relations  commission  as  an  addition  to  the  general 
laws).     (See  1938,  345  §§  3,  4.) 

Sect.  IIA  (and  caption)  added,  1934,  331  §  3  (division  of  occupa- 
tional hygiene). 

Sects.  IIB-IID  added,  under  the  caption  "the  Massachusetts 
DEVELOPMENT  AND  INDUSTRIAL  COMMISSION",  1937,  427  (establishing 
the  Massachusetts  development  and  industrial  commission  for  the  pro- 
motion and  development  of  the  industrial,  agricultural  and  recreational 
resources  of  the  commonwealth). 

Sect.  IIC  revised,  1941,  596  §  17A. 

Sects.  IIE-IIL  added,  under  the  caption  "division  of  apprentice 
training",  1941,  707  §  2.  (For  prior  temporary  legislation  see  1938, 
448;  1939,  471.)     . 


Chapter  25.  —  Department  of  Public  Utilities. 

Sect.  4  revised,  1938,  221. 

Sect.  8A  added,  1939,  442  §  2  (authorizing  the  appointment  of  em- 
ployees for  the  administration  and  enforcement  of  the  sale  of  securities 
law). 

Sect.  9A  added,  1933,  76  §  2  (providing  for  certain  employees  serv- 
ing directly  under  the  commission  of  the  department  to  perform  its 
duties  relative  to  smoke  abatement  in  Boston  and  vicinity);  repealed, 
1934,  352  §  2. 

Sect.  10  amended,  1933,  76  §  3;  1934,  352  §  3;  1939,  442  §  3. 

Sect.  lOA  added,  1933,  76  §  4  (providing  for  the  apportionment  of 
expenses  incurred  by  the  department  in  the  performance  of  its  duties 
relative  to  smoke  abatement  in  Boston  and  vicinity);  repealed,  1934, 
352  §  4. 

Sects.  11  and  12  repealed,  1935,  411  §  1.     (See  1935,  411  §  2.) 

Sect.  12A  revised,  1938,  445  §  1;  repealed,  1939,  442  §,  1. 


870  Changes  in  the  [Chaps.  26-29. 

Sect.  12B  revised,  1932,  290  §  2;  repealed,  1939,  442  §  1. 

Sects.  12C-12F  repealed,  1933,  76  §  1;  new  sections  12C-12E  added, 
under  caption  "division  of  smoke  inspection",  1934,  352  §  1. 

Sect.  12C  revised,  1941,  596  §  18. 

Sect.  12F  added,  1935,  405  §  1  (establishing  in  the  department  a  com- 
mercial motor  vehicle  division,  under  the  charge  of  a  director  thereof); 
phrase  added  at  end,  1935,  477  §  2;  section  amended,  1939,  335  §  1; 
revised,  1941,  596  §  19;  new  sentence  added  at  end,  1941,  653  §  1.  (See 
1939,  335  §  2.) 

Sect.  12G  added,  1936,  117  (authorizing  the  director  of  the  commer- 
cial motor  vehicle  division  in  the  department  of  public  utilities  to  sum- 
mon witnesses,  administer  oaths  and  take  testimony). 


Chapter  26.  —  Department  of  Banking  and  Insurance. 

For  temporary  legislation  providing  for  the  liquidation  of  certain 
trust  companies,  see  1939,  515;   1941,  143;   1943,  122. 
Sect.  2  amended,  1943,  315. 
Sect.  3  revised,  1941,  596  §  20. 
Sect.  4  revised,  1941,  596  §  21. 
Sect.  6  amended,  1943,  317. 
Sect.  8A  revised,  1934,  2;  amended,  1935,  419. 
Sect.  10,  sentence  added  at  end,  1943,  346. 


Chapter  27.  —  Department  of  Correction. 

Sect.  2  revised,  1939,  90;  1941,  596  §  22. 

Sect.  4  repealed,  1941,  690  §  7. 

Sect.  5  revised,  1934,  350  §  1;  1937,  399  §  1.  (See  1934,  350  §§  2-4; 
1937,  399  §§  3-6.) 

Sect.  5A  added,  1941,  690  §  6  (relative  to  the  employment  of  agents 
and  employees  of  the  parole  board  to  perform  duties  in  connection  with 
the  release  of  prisoners).    (See  1941,  690  §§8,  10.)  . 


Chapter  28.  —  Metropolitan  District  Commission. 

Sect.  3  revised,  1936,  244  §  1;  1941,  596  §  23.  (See  1936,  244  §  4.) 
Sect.  4  amended,  1936,  244  §  2.  (See  1936,  244  §  4.) 
Sects.  5  and  6  repealed,  1941,  466  §  6. 

Chapter  29.  —  State  Finance. 

For  temporary  legislation  as  to  emergency  state  financing,  see  1933, 
49,  104,  307,  341,  365,  367,  368;  1934,  41,  66,  313,  335;  1935,  221,  300, 
380,  392,  456;  1936,  309;  1937,  338;  1938,  20,  57,  481,  501  §  3;  1939, 
288,  417,  418,  496;   1941, 129;   1943,  413. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1935,  498  §§  2,  3,  4;  1936,  440 
§§  2,  3,  4;  1937,  444  §§  2,  3,  4;  1938,  503  §§  2,  3,  4;  1939,  516  §§  2,  3, 
4,  6,  7,  8;  1941,  731  §§  2,  3,  4,  6,  7,  8;  1943,  568  §§  2,  3,  4,  6,  7,  8,  10, 
11,  12. 


Chap.  30.)  GENERAL  LawS.  871 

For  legislation  providing  for  the  establishment  of  a  surplus  commodity 
stamp  trust  fund,  see  1942,  9,  17. 

Sect.  1,  paragraph  added  at  end,  1939,  502  §  1;  same  paragraph 
revised,  1941,  509  §  2.     (See  1941,  509  §  9.) 

Sect.  3  revised,  1939,  502  §  2. 

Sect.  4  amended,  1939,  502  §  3. 

Sect.  5  revised,  1939,  502  §  4;  1941,  656  §  2.    (See  1941,  656  §  17.) 

Sect.  5A  amended,  1939,  502  §  5. 

Sect.  6  amended,  1937,  426  §  1;  revised,  1939,  502  §  6;  amended, 
1941,  490  §  7;  656  §  3.'  (See  1937,  426  §  2;   1941,  656  §  17.) 

Sect.'  8A  added,  1939,  427  (relative  to  competitive  bidding  on  state 
contracts);  revised,  1941,  547  §  1. 

Sect.  9A  revised,  1939,  502  §  7;  amended,  1941,  656  §  4.  (See  1941, 
656  §  17.) 

Sect.  9B  added,  1941,  564  §  1  (providing  for  the  allotment  of  certain 
appropriations  by  the  governor).    (See  1941,  564  §  2.) 

Sect.  10  amended,  1936,  256;  revised,  1939,  502  §  8;  1941,  656  §  5. 
(See  1941,  656  §  17.) 

Sect.  U  amended,  1939,  502  §  9;  1941,  656  §  6.    (See  1941,  656  §  17.) 

Sect.  12  amended,  1939,  502  §  10. 

Sect.  14  revised,  1939,  502  §  11. 

Sect.  20A  added,  1937,  407  (relative  to  pubhc  inspection  of  certain 
orders  and  claims,  in  advance  of  approval  or  rejection  thereof,  in  con- 
nection with  state  contracts). 

Sect.  25  amended,  1941,  656  §  7.     (See  1941,  656  §  17.) 

Sect.  26  revised,  1939,  502  §  12;  amended,  1941,  656  §  8.  (See  1941, 
656  §  17.) 

Sect.  27  amended,  1937,  359;  revised,  1939,  502  §  13;  amended, 
1941,  656  §  9.    (See  1941,  656  §  17.) 

Sect.  29  amended,  1939,  502  §  14;    1943,  345. 

Sect.  31,  last  sentence  amended,  1932,  127  §  2;  section  amended, 
1941,  508. 

Sect.  34  amended,  1936,  333. 

Sect.  38,  subdivision  (h)  added,  1934,  356. 

Sect.  48A  added,  1937,  252  (authorizing  the  use  of  facsimile  signa- 
tures of  the  governor  on  certain  bonds  and  notes  of  the  commonwealth). 

Sect.  50  revised, ■  1939,  502  §  15;  1941,  656  §  10.  (See  1941,  656 
§17.) 

Sect.  62  repealed,  1943,  83  §  2. 

Sect.  63  added,  1937,  157  (providing  for  taxpayers'  petitions  for  en- 
forcement of  certain  provisions  of  law  relative  to  state  finance). 


Chapter   30.  —  General    Provisions    Relative    to    State    Departments,    Com- 
missions, Officers  and  Employees. 

For  temporary  act  increasing  the  salaries  of  certain  officers  and  em- 
ployees in  the  service  of  the  commonwealth,  see  1942,  12;  1943,  170,  562. 

Provisions  relative  to  expenses  incurred  for  certain  meals  by  state 
employees,  1933,  174  §  8;  1934,  162  §  6;  1935,  249  §  7;  1936,  304  §  7; 
1937,  234  §6;  1938,  356  §5;  1939,  309  §4;  1941,  419  §4;  1943,  68  §  4; 
370  §  4. 

Provisions  relative  to  the  purchase  of  passenger  automobiles,  1939, 
309  §  4;   1941,  419  §  4;   1943,  68  §  4;  370  §  4. 


872  Changes  in  the  [Chap.  31. 

Provisions  relative  to  expenses  incurred  by  state  employees  in  the 
operation  of  motor  vehicles,  1939,  309  §  5;  1941,  419  §  5;  1943,  68  §  5; 
370  §  5. 

For  legislation  relative  to  commencement  of  terms  of  certain  state 
officers,  see  1939,  304. 

Sect.  7  revised,  1937,  414  §  1;  amended,  1941,  512. 

Sect.  24  revised,  1937,  430. 

Sect.  28  revised,  1941,  656  §  11.     (See  1941,  656  §  17.) 

Sect.  32  revised,  1939,  499  §  4. 

Sect.  32A  added,  1939,  499  §  4A  (relative  to  the  force  and  effect  of 
rules  and  regulations  included  in  annual  reports). 

Sect.  33  revised,  1939,  499  §  5. 

Sect.  33A  amended,  1939,  499  §  6. 

Sect.  39  revised,  1934,  351;  amended,  1935,  217  §  1;  revised,  1935, 
472  §  1. 

Sect.  42  revised,  1936,  359;  amended,  1941,  450  §  1. 

Sect.  44B  added,  1941,  678  §  1  (relative  to  pipe  fines  for  conveying 
petroleum  and  its  products  and  by-products). 

Sect.  47,  last  sentence  revised,  1941,  656  §  12.    (See  1941,  656  §  17.) 


Chapter  31.  —  Civil  Service. 

For  temporary  legislation  protecting  the  civil  service  rights  of  cer- 
tain persons  in  the  military  or  naval  service  of  the  United  States,  see 
1941,  708;    1943,  172,  338,  548. 

For  temporary  legislation  relative  to  transfers  of  civil  service  em- 
ployees during  the  present  emergency,  see  1943,  492. 

Sect.  1,  definitions  contained  in  fourth  to  eighth  fines  revised,  1939, 
238  §  9.     (See  1939,  238  §§  52-55.) 

Sect.  2  revised,  1939,  238  §  10.     (See  1939,  238  §§  52-55.) 

Sect.  2A  added,  1939,  238  §  11  (relative  to  the  duties  of  the  director 
of  civil  service);  clause  (6)  revised,  1939,  506  §  1;  clause  (e)  revised, 
1941,  402  §  2;  clause  (c)  amended,  1941,  721.    (See  1939,  238  §§  52-55.) 

Sect.  3,  clause  (g)  added,  1937,  223  (giving  preference  to  blind  per- 
sons in  the  employment  of  typists  in  certain  cases  by  state  depart- 
ments, boards  and  commissions);  section  amended,  1939,  238  §  12; 
revised,  1939,  498  §  1;  clause  (a)  revised,  1941,  190.  (See  1939,  238 
§§  51-55.) 

Sect.  4,  fourth  paragraph  amended,  1938,  72;  paragraph  in  line  19 
stricken  out  and  new  paragraph  inserted,  1941,  49;  sixth  paragraph  re- 
vised, 1932,  282  §  1;  section  amended,  1939,  238  §  13;  paragraph 
added  at  end,  1939,  256  §  1;  paragraphs  added  at  end  by  1941,  625 
§  1,  1941,  627  §  1  and  1941,  686  §  2,  respectively;  paragraphs  added  at 
end  by  1943,  246  §  1  and  1943,  402  §  1,  respectivelv.  (See  1932,  282  §  4; 
1943,  246  §  2;  402  §  2.) 

Sect.  5  amended,  1935,  405  §  2;  1936,  244  §  3;  1939,  238  §  14;  re- 
vised, 1941,  402  §  3. 

Sect.  5A  added,  1937,  414  §  2  (relative  to  the  employment  by  cer- 
tain municipal  officers  of  persons  to  serve  in  a  confidential  capacity). 

Sect.  6,  sentence  added  at  end,  1932,  260;  section  amended,  1939, 
238  §  15. 


Chap.  31.]  GENERAL  LawS.  873 

Sect.  6A  added,  1935,  228  (dispensing  with  educational  requirements 
as  a  condition  of  taking  certain  civil  service  examinations) 
Sect.  7  revised,  1939,  397. 

Sect.  8  amended,  1939,  238  §  16;  revised,  1939,  396. 
Sect.  10  revised,  1939,  238  §  17;   1939,  498  §  2 
Sect.  12  amended,  1939,  238  §  18. 
Sect.  13  amended,  1938,  174  §  2. 
Sect.  13A  amended,  1939,  238  §  19. 
Sect.  14  amended,  1939,  238  §  20. 

Sect.  15  revised,  1939,  238  §  21;  1939,  506  §  2;  1941,  491. 
Sect.  15A  added,  1933,  267  (restricting  the  appointment  of  persons  for 
temporary  employment  under  the  civil  service  laws) :   amended    1934 
105;  repealed,  1943,  523.  '  ' 

Sect.  15B  added,  1943,  520  (authorizing  certain  promotions  from  the 
labor  service  to  the  official  service  of  a  department,  board  or  commis- 
sion under  the  civil  service  laws). 

Sect.  16A  added,  1939,  506  §  3  (relative  to  transfers  under  the  civil 
service  laws). 

Sect.  17  amended,  1934,  94;  revised,  1939,  76;  amended,  1939,  238 
8  22. 
Sect.  18  amended,  1939,  238  §  23. 

Sect.  18 A  added,  1941,  627  §  4  (positions  in  the  labor  service  of  the 
department  of  public  works  to  be  classified  by  districts). 

Sect.  19A  added,  1932,  146  (relative  to  appointments  to  the  regular 
fire  forces  m  certain  cities  having  reserve  fire  forces) ;   amended    1939 
238  §  24;  revised,  1941,  38;  amended,  1943,  530. 
Sect.  20  amended,  1939,  238  §  25;  revised,  1939,  419  §  3 
Sect.  20A  amended,  1939,  238  §  26;  revised,  1941,  39. 
Sect.  20B  added,  1937,  416  §  3  (providing  for  appointments  to  the 
regular  police  force  of  the  metropolitan  district  commission  from  the 
list  of  members  of  the  reserve  pohce  force) ;  amended,  1939,  238  §  27  • 
repealed,  1939,  441  §  2.    (See  1937,  416  §  5;  repealed,  1939,  441  §  3  ) 
Sect.  20C  added,  1941,  621  (relative  to  appointments  to  the  regular 
ponce  force  in  certain  cities  and  towns). 

Sect.  21  amended,  1932,  89;  revised,  1933,  137;  amended,  1939. 
238  §  28;   1943,  194,  469. 

Sect.  22  amended,  1939,  238  §  29. 
Sect.  23  amended,  1939,  238  §  30. 
Sect.  24  amended,  1939,  238  §  31. 
Sect.  25  amended,  1939,  238  §  32. 
Sect.  29  amended,  1939,  238  §  33. 
Sect.  30  amended,  1939,  238  §  34. 

Sect.  31  amended,  1939,  238  §  35;  revised,  1939,  422  §  1. 
Sect.  31 A  added,  1939,  422  §  2  (relative  to  the  making  of  reports  by 
department  heads  pertaining  to  civil  service  employees). 

Sect.  31B  added,  1941,  165  §  1  (relative  to  the  preparation  and  keep- 
ing of  rosters  of  positions  in  the  classified  civil  service  and  incumbents 
thereof  in  connection  with  the  payment  of  salaries  or  compensation) 
(See  1941,  165  §  2.)  ^  ^' 

Sect.  32  amended,  1939,  238  §  36;  revised,  1939,  420  §  1. 
Sect.  32A  added,  1939,  420  §  2  (providing  that  records  and  files  re- 
lating to  civil  service  employees  be  pubhc  records). 


874  Changes  in  the  [Chap.  31. 

Sect.  33  amended,  1939,  238  §  37;  revised,  1939,  420  §  3. 

Sect.  34  amended,  1939,  238  §  38;  revised,  1939,  420  §  4. 

Sect.  35  repealed,  1941,  559. 

Sect.  36  amended,  1939,  238  §  39. 

Sect.  37  amended,  1939,  238  §  40. 

Sect.  38  amended,  1939,  238  §  41;  revised,  1939,  422  §  3. 

Sect.  39  amended,  1939,  238  §  42. 

Sect.  40  amended,  1939,  238  §  43. 

Sect.  42  amended,  1939,  238  §  44. 

Sect.  45  amended,  1934,  249  §  2. 

Sect,  45A  added,  1934,  190  (providing  a  method  of  avoiding  multi- 
plicity of  petitions  for  judicial  review  to  determine  seniority  rights  in 
the  classified  labor  service) ;  amended,  1941,  166. 

Sect.  45B  added,  1941,  135  (requiring  clerks  of  district  courts  to  fur- 
nish certain  information  to  the  director  of  civil  service). 

Sect.  46  amended,  1932,  282  §  2;  revised,  1934,  249  §  1;  amended, 
1941,  257. 

Sect.  46B  amended,  1939,  238  §  45. 

Sects.  46C  and  461)  added,  1933,  320  (providing  for  the  reinstate- 
ment of  certain  municipal  officers  and  employees). 

Sect.  46C  amended,  1934,  84;  1936,  66;  revised,  1938,  297  §  1; 
amended,  1939,  238  §  46. 

Sect.  46E  added,  1934,  207  (providing  that  a  leave  of  absence  of  less 
than  six  months  shall  not  be  deemed  a  separation  from  the  classified 
civil  service  in  certain  cases) ;  paragraph  added  at  end,  1936,  297;  same 
paragraph  amended,  1939,  238  §  47;   1941,  136. 

Sect.  46F  added,  1935,  337  (providing  for  the  reinstatement  of  mem- 
bers of  the  police  force  of  the  metropolitan  district  commission  in  cer- 
tain cases) ;  amended,  1939,  238  §  48. 

Sect.  46G  added,  1935,  408  (relative  to  seniority  rights  in  respect  to 
the  suspension  and  re-employment  of  persons  in  the  classified  civil  serv- 
ice in  certain  cases) ;  revised,  1938,  297  §  2. 

Sect.  46H  added,  1936,  287  §  1  (providing  for  the  reinstatement  in 
the  classified  civil  service  of  retired  municipal  officers  and  employees  in 
certain  cases  of  invalid  retirement) ;  amended,  1939,  238  §  49. 

Sect.  47 A  added,  1941,  195  (providing  that  certain  employees  in  the 
classified  public  service  shall  not  be  subject  to  a  probationary  period). 

Sect.  47B  added,  1941,  290  (relative  to  the  classification  and  estab- 
lishment of  seniority  of  certain  civil  service  employees). 

Sects.  47C  and  47D  added,  1941,  402  §  1  (establishing  a  merit  system, 
substantially  similar  to  the  civil  service  system,  for  certain  officers  and 
employees  of  local  boards  of  public  welfare).    (See  1941,  402  §§  4-9.) 
.  Sect.  47C  amended,  1941,  588  §  1.     (See  1941,  588  §  3.) 

Sect.  49A  added,  1939,  183  (authorizing  cities  and  towns  to  place 
certain  offices  under  the  civil  service  laws  by  vote  of  the  voters  thereof) ; 
revised,  1941,  414. 


Chap.  32.]  GENERAL   LaWS.  875 


Chapter  32.  —  Retirement  Systems  and  Pensions. 

For  temporary  legislation  protecting  the  retirement  rights  of  certain 
persons  in  the  military  or  naval  service  of  the  United  States,  see  1941, 
708;  1943,  172,  419,  548. 

For  legislation  relative  to  the  abolition  of  non-contributory  pensions 
and  retirement  allowances  for  employees  of  counties,  cities,  towns  and 
districts  under  special  acts,  see  1934,  285  §  10;  1937,  102  §  10. 

For  legislation  relative  to  the  temporary  re-employment  of  former 
officers  and  employees  of  the  commonwealth  or  of  any  political  sub- 
division thereof  during  the  continuance  of  the  existing  state  of  war 
between  the  United  States  and  any  foreign  country,  see  1942,  16;  1943, 
502. 

Sect.  1,  new  paragraph  added,  1934,  360  §  1.  (See  1934,  360  §  5; 
1937,  271.) 

Sect.  2,  paragraphs  (10)  and  (11)  revised,  1935,  390. 

Sect.  3,  paragraph  (4)  revised,  1932,  268. 

Sect.  4,  sentence  added  at  end  of  paragraph  (2)  A  (c),  1934,  360  §  2; 
paragraph  (3)  amended,  1936,  370  §  1.  (See  1934,  360  §  5;  1936, 
370  §  2;  1937,  271.) 

Sect.  5,  paragraph  added  at  end  of  paragraph  (2)  C  (c),  1934,  360 
§  3;  paragraph  H  added  at  end,  1934,  360  §  4.  (See  1934,  360  §  5; 
1937,  271.) 

Sects.  1-5,  as  amended,  stricken  out  and  sixteen  new  sections  1-5 A  in- 
serted, 1938,  I^S9  §  1.    (See  1938,  439  §§  6,  7;   1939,  16  §§  1,  2.) 

The  following  references  to  sections  1  to  5A  apply  to  sections  inserted 
by  1938,  439  §  1 : 

Sect.  1,  definition  of  "Member"  revised,  1941,  379  §  1. 

Sect.  2,  paragraph  (5)  amended,  1941,  194  §  3;  paragraph  (14) 
amended,  1939,  503  §  1;  paragraph  (15)  stricken  out  and  new  para- 
graphs (14A)  and  (15)  inserted,  1939,  503  §  2;  paragraph  (16)  amended, 
1939,  433.    (See  1939,  503  §  5.) 

Sect.  4,  paragraph  (1)  (a)  amended,  1941,  670  §  1. 

Sect.  4F,  paragraph  (1)  revised,  1941,  379  §  2,  722  §  2;  paragraph  (2) 
revised,  1941,  722  §  3;  paragraph  (4)  revised,  1941,  379  §  3. 

Sect.  4H,  paragraph  added  at  end,  1941,  379  §  4. 

Sect.  5A,  paragraph  (3)  (a)  amended,  1939,  451  §  3;  paragraph  (8) 
revised,  1939,  508  §  12. 

Sect.  6,  definition  of  "Teacher"  amended,  1937,  232  §  1;  same  defi- 
nition revised,  1938,  444  §  1;  paragraph  defining  "Salary"  inserted, 
1941,  671  §  1.     (See  1941,  671  §§  2,  3.) 

Sect.  7,  first  sentence  of  paragraph  (3)  revised,  1937,  232  §  2;  same 
paragraph  amended,  1938,  385;  paragraph  (4)  amended,  1932,  127 
§  18;  paragraph  (5)  added,  1937,  232  §  3;  paragraph  (6)  added,  1938, 
444  §  2.     (See  1937,  232  §  4.) 

Sect.  9,  paragraph  (1)  amended,  1939,  508  §  13;  paragraph  (2)  re- 
vised, 1937,  438  §  1;  amended,  1939,  508  §  14;  revised,  1943,  498; 
paragraph  (5)  added  at  end,  1937,  302;  paragraph  (6)  added,  1938, 
444  §  3.     (See  1939,  508  §  17.) 

Sect.  10,  paragraph  (2)  revised,  1932,  255;  paragraph  (4)  amended, 
1937,  438  §  2;  paragraph  (8)  amended,  1936,  386  §  1;  paragraph  (10) 
amended,  1936,  386  §  2,  revised,  1937,  438  §  3;   paragraphs  (11)  and 


876  Changes  in  the  [Chap.  32. 

(12)  stricken  out,  1937,  438  §  4;  paragraph  (17)  amended,  1938,  444  §  4; 
paragraph  (19)  revised,  1938,  444  §  5;  paragraph  (20)  added,  1938, 
444  §  6. 

Sect.  11,  paragraph  (1)  revised,  1943,  337  §  1;  paragraph  (2)  stricken 
out,  1943,  337  §  2;  paragraph  (5)  revised,  1936,  400  §  2.  (See  1943, 
337  §  3.) 

Sect.  16,  paragraph  (2)  revised,  1939,  508  §  15. 

Sect.  19,  second  paragraph  revised,  1939,  451  §  4. 

Sect.  20,*  paragraph  added,  1934,  258  §  1. 

Sect.  23,*  paragraph  (5)  revised,  1934,  258  §  2. 

Sect.  24,*  paragraph  {2)  A  amended,  1935,  243. 

Sect.  25,*  paragraph  (i)  A  (6)  revised,  1936,  301  §  1;  paragraph 
{2)  B  (6)  revised,  1936,  301  §  2;  paragraph  {F)  added  at  end,  1936, 
301  §  3. 

Sects.  20-25,  as  amended,  and  the  heading  before  said  section  20, 
stricken  out  and  new  sections  20-251  inserted,  under  heading  "county 

AND   CERTAIN  HOSPITAL  DISTRICT  RETIREMENT  SYSTEMS",    1936,   400    §   1 

(providing  for  contributory  retirement  systems  for  counties  and  certain 
hospital  districts).    (See  1936,  400  §  5;   1937,  336  §  3.) 

The  following  references  to  sections  20-251  apply  to  sections  inserted  by 
1936,  400  §  1: 

Sect.  20,  definitions  of  "Employee"  and  of  "Regular  interest"  re- 
vised, 1937,  336  §  1;  definition  of  "Employee"  revised,  1938,  217,  464 
§  3;  definition  of  "Member"  revised,  1941,  379  §  5. 

Sect.  21,  paragraph  (1)  (a),  revised,  1939,  158  §  1;  1941,  670  §  2; 
paragraphs  (1)  (6),  (1)  (c)  and  (1)  {d)  revised,  1937,  336  §  2;  paragraph 
(1)  (e)  revised,  1941,  670  §  3;  paragraph  (/)  added  at  end  of  subdivision 
(1),  1939,  158  §  2;  stricken  out,  1941,  670  §  3 A;  subdivision  (2)  revised, 
1941,  335;  subdivision  (3)  amended,  1941,  670  §  4.    (See  1937,  336  §  3.) 

Sect.  22,  paragraph  (5)  amended,  1937,  336  §  4;   1941,  670  §  5. 

Sect.  23,  paragraph  added  at  end  of  subdivision  (1),  1937,  336  §  5. 

Sect.  24,  subdivision  (1)  amended,  1941,  b70  §  6;  subdivision  (3) 
inserted  after  sulxlivision  (2)  (c),  1943,  425  §  1. 

Sect.  25,  paragraph  (1)  amended,  1941,  670  §  7;  first  clause  of  para- 
graph (2)  revised,  1937,  336  §  6. 

Sect.  25B,  revised,  1941,  379  §  6. 

Sect.  25D,  revised,  1941,  379  §  7. 

Sect.  25F,  paragraph  (6)  amended,  1937,  336  §  7. 

Sect.  25G,  paragraph  (1)  (a)  amended,  1937,  336  §  8;  paragraph  (1) 
{d)  amended,  1937,  336  §  9. 

Sect.  25H,  paragraph  (1)  revised,  1941,  113  §  2. 

Sect.  251,  last  paragraph  revised,  1937,  336  §  10. 

Sects.  26-31  stricken  out  and  new  sections  26-311  inserted,  1936,  318 
§  1  (providing  for  contributory  retirement  systems  for  cities  and  towns 
that  may  be  accepted  by  them).    (See  1936,  318  §§  5-7.) 

The  following  references  to  sections  26  to  311  are  to  sections  inserted  by 
1936,  318  §1: 

Sect.  26,  definitions  of  "Employee"  and  of  "Regular  interest"  re- 
vised, 1937,  336  §  11;  definition  of  "Employee"  revised,  1938,  464  §  4; 
1941,  411  §  1;  definition  of  "Member"  revised,  1941,  379  §  8.  (See 
1941,  4U  §  3.) 

*  See  later  amendments  to  sections  20  to  25,  inclusive. 


Chap.  32.]  GENERAL   LaWS.  877 

Sect.  27,  paragraph  (1)  (a)  revised,  1938,  360  §  1;  1941,  670  §  8; 
paragraph  (1)  (6)  revised,  1937,  336  §  12;  last  sentence  revised,  1938, 
360  §  2;  paragraph  (1)  (c)  revised,  1937,  336  §  12;  paragraph  (1)  (d) 
revised,  1937,  336  §  12;  last  sentence  revised,  1938,  360  §  3;  paragraph 
(1)  (e)  revised,  1938,  360  §  4;  1941,  670  §  9;  paragraph  (1)  (/)  added, 
1938,  360  §  5;  paragraph  (1)  (g)  added,  1941,  670  §  10;  paragraph  (2) 
revised,  1939,  228;  amended,  1941,  670  §  11;  paragraph  (3)  amended, 
1941,  670  §  12. 

Sect.  28,  paragraph  (2)  revised,  1941,  670  §  12A;  paragraph  (5) 
amended,  1937,  336  §  13;   1941,  670  §  13. 

Sect.  29,  subdivision  (1)  amended,  1941,  670  §  14;  second  paragraph 
of  subdivision  (1)  stricken  out  and  two  paragraphs  inserted,  1937, 
336  §  14;  second  of  said  inserted  paragraphs  amended,  1941,  670  §  15; 
paragraph  added  after  second  of  said  inserted  paragraphs,  1941,  670 
§  16;  paragraph  (2)  (b)  revised,  1938,  360  §  6;  paragraph  (2)  (c) 
amended,  1938,  270;  paragraph  (2)  (d)  amended,  1937,  336  §  15;  sec- 
ond sentence  revised,  1938,  360  §  7;  paragraph  (2)  (e)  revised,  1938, 
860  §  8;  paragraph  (2)  (g)  added,  1941,  409  §  1. 

Sect.  30,  subdivision  (1)  amended,  1941,  670  §  17;  subdivision  (3) 
inserted  after  subdivision  (2)  (c),  1943,  425  §  2. 

Sect.  31,  subdivision  (1)  amended,  1941,  670  §  18;  first  paragraph  of 
subdivision  (2)  revised,  1937,  336  §  16;  paragraph  added  at  end  of  sub- 
division (2),  1941,  670  §  19. 

Sect.  3 IB  revised,  1941, 379  §  9;  sentence  added  at  end,  1941,  670  §  20. 

Sect.  3 ID  revised,  1941,  379  §  10. 

Sect.  3 IE,  paragraph  (4)  added  at  end,  1941,  409  §  2. 

Sect.  31F,  paragraph  (1)  (b)  amended,  1937,  57  §  1;  paragraph  lA 
added,  1937,  57  §  2;  paragraph  (1)  (c)  revised,  1938,  284  §  1,  464  §  5; 
paragraph  (2)  revised,  1938,  464  §  6.    (See  1937,  57  §  4;  1938,  284  §  2.) 

Sect.  31G,  paragraph  (1)  (a)  revised,  1941,  411  §  2;  paragraph 
(1)  (d)  amended,  1937,  336  §  17;  paragraph  (6)  (a)  revised,  1938,  360 
§  9;   paragraph  (6)  (6)  amended,  1938,  360  §  10.     (See  1941,  411  §  3.) 

Sect.  31H,  paragraph  (1)  revised,  1941,  113  §  1. 

Sect.  311,  paragraph  (3)  amended,  1937,  57  §  3;  paragraph  (4) 
added,  1941,  377;  paragraph  (4)  added,  1941,  386;  paragraph  last 
referred  to  stricken  out  and  paragraph  (5)  substituted,  1941,  722  §  4; 
paragraph  (4)  (h)  revised,  1943,  236  §  1.  (See  1937,  57  §  4;  1943, 
236  §  2.) 

Sect.  31J  inserted  after  the  heading  "general  provisions"  imme- 
diately before  section  32,  1936,  400  §  3  (relative  to  the  definition  of 
certain  words  used  in  said  General  Provisions). 

Sect.  33  amended,  1936,  301  §  4;  318  §  2;  repealed,  1936,  400  §  4. 
(See  1936,  318  §§  5-7;  400  §§  2  and  5.) 

Sect.  34,  second  paragraph  revised,  1941,  584  §  1. 

Sect.  34 A  added,  1941,  584  §  2  (relative  to  the  expense  incurred  by 
the  commissioner  of  insurance  in  examining  the  affairs  of  certain  retire- 
ment systems). 

Sect.  36  amended,  1937,  336  §  18. 

Sects.  37A-37D  added,  1936,  318  §  3  (miscellaneous  provisions  rela- 
tive to  contributory  retirement  svstems  under  G.  L.  chap.  32).  (See 
1936,  318  §§  5-7.) 


878  Changes  in  the  [Chap.  32. 

Sect.  37C,  paragraph  added  at  end,  1938,  360  §  lOA;  section  revised, 
1938,  439  §  2.     (See  1938,  360  §  lOB;  439  §  7.) 

Sect.  37D,  first  paragraph  revised,  1937,  336  §  19;  first  paragraph 
stricken  out,  and  two  paragraphs  inserted,  1939,  449  §  1;  paragraph 
added  at  end,  1938,  464  §  1.    (See  1939,  449  §  2.) 

Sect.  37E  added,  1937,  336  §  20  (providing  minimum  retirement 
allowances  for  certain  members  of  county,  city  or  town  contributory 
retirement  S3^stems);  paragraph  (1)  revised,  1941,  184  §  1;  paragraph 
(2)  revised,  1938,  360  §  11;  paragraph  (3)  added  at  end,  1938,  439  §  3; 
paragraph  (4)  added  at  end,  1941,  670  §  21;  paragraph  (5)  added  at 
end,  1943,  189.     (See  1938,  439  §  7;  1941,  184  §  2.) 

Sect.  37F  added,  1938,  464  §  2  (permitting  members  of  certain  con- 
tributory retirement  systems  of  governmental  units  to  make  contribu- 
tions on  account  of  prior  service  with  other  such  units  having  no  such 
systems);  revised,  1939,  316;  1941,  670  §  22. 

Sect.  37G  added,  1941,  670  §  23  (relative  to  the  rights  of  employees 
of  two  or  more  governmental  units  having  retirement  systems). 

Sect.  38  amended,  1937,  336  §  21. 

Sect.  38A  added,  1938,  439  §  4  (relative  to  the  definitions  of  certain 
terms  or  words  used  in  sections  thirtj'-two  to  thirty-eight,  inclusive). 
(See  1938,  439  §  7.) 

Sect.  44  revised,  1934,  135;  paragraph  added  at  end,  1934,  285  §  1; 
section  amended,  1936,  223;  last  paragraph  amended,  1937,  102  §  1. 
(See  1937,  202.) 

Sect.  46  revised,  1941,  344  §  1. 

Sect.  47  amended,  1941,  344  §  2. 

Sect.  48  revised,  1938,  379. 

Sect.  52  amended,  1932,  114  §  1. 

Sect.  53  amended,  1932,  114  §  2. 

Sect.  56  revised,  1943,  514  §  1.     (See  1943,  514  §  4.) 

Sect.  57  revised,  1943,  514  §  2.     (See  1943,  514  §  4.) 

Sect.  58  revised,  1943,  514  §  3.     (See  1943,  514  §  4.) 

Sect.  60,  paragraph  added  at  end,  1934,  285  §  2;  same  paragraph 
amended,  1937,  102  §  2;  1938,  452  §  1.     (See  1938,  452  §  2.) 

Sect.  60A,  paragraph  added  at  end,  1934,  285  §  3;  amended,  1937, 
102  §  3. 

Sects.  61-64  repealed,  1937,  409  §  2.    (See  1937,  409  §§  5-7.) 

Sect.  65,  last  sentence  stricken  out,  1937,  336  §  22;  section  repealed, 
1937,  409  §  2.     (See  1937,  409  §§  5-7.) 

Sect.  65A  added,  1937,  409  §  1  (relative  to  the  retirement  or  resigna- 
tion of  members  of  the  judiciary) ;  amended,  1939,  451  §  5.  (See  1937, 
409  §§  5-7.) 

Sect.  65B  added,  1941,  689  §  1  (providing  pensions  for  special  jus- 
tices of  district  courts);  revised,  1943,  398.     (See  1941,  689  §  2.) 

Sect.  66,  paragraph  added  at  end,  1934,  285  §  4;  amended,  1937, 
102  §  4. 

Sect.  68  revised,  1943,  545  §  1. 

Sects.  68A-68C  added,  1939,  503  §  3  (relative  to  the  retirement  of 
members  of  the  state  poUce).     (See  1939,  503  §  5.) 

Sect.  68C  revised,  1943,  545  §  2. 

Sect.  70,  paragraph  added  at  end,  1934,  285  §  5;  amended,  1937, 
102  §  5;  section  revised,  1937,  416  §  4;  repealed,  1939,  441  §  4.  (See 
1937,  416  §  5;   1939,  441  §§  3,  5.) 


Chap.  33.]  GENERAL   LaWS.  879 

Sect.  75,  paragraph  added  at  end,  1934,  285  §  6;  amended,  1937, 
102  §  6;  section  revised,  1938,  323  §  1. 

Sect.  76  revised,  1938,  323  §  2. 

Sect.  77,  paragraph  (a)  revised,  1936,  290  §  1;  1939,  243;  paragraph 
(c)  added  at  end,  1936,  290  §  2.    (Affected,  1937,  102  §  7,  283.) 

Sect.  78  revised,  1939,  361  §  1.  (Affected,  1937,  102  §  7,  283;  1939, 
361  §  2.) 

Sect.  78A  added,  1934,  285  §  7  (providing  for  the  ultimate  abolition 
of  non-contributory  pensions  under  certain  provisions  of  general  law 
for  laborers);  amended,  1937,  102  §  7;  revised,  1937,  283  §  1.  (See 
1937,  283  §  2.) 

Sect.  80,  paragraph  added  at  end,  1934,  285  §  8;  section  amended, 
1936,  439  §  1;  last  paragraph  amended,  1937,  102  §  8. 

Sect.  81  amended,  1933,  103;   1938,  277  §  1.    (See  1938,  277  §  3.) 

Sect.  83  amended,  1936,  439  §  2;  1938,  277  §  2;  last  sentence  of  first 
paragraph  revised,  1939,  264  §  1.    (See  1938,  277  §  3;   1939,  264  §  2.) 

Sect.  85  amended,  1936,  439  §  3. 

Sect.  85A  revised,  1935,  31  §  1.     (See  1935,  31  §  2.) 

Sect.  85B  added,  1932,  253  (regulating  the  retirement  and  pension- 
ing of  certain  members  of  the  police  forces  of  park  boards  of  cities  and 
towns). 

Sect.  85C  added,  1934,  285  §  9  (providing  for  the  ultimate  abolition 
of  non-contributory  pensions  under  certain  provisions  of  general  law 
for  policemen  and  firemen);   amended,  1937,  102  §  9. 

Sect.  85D  added,  1937,  220  (relative  to  the  retirement  of  certain  call 
members  of  fire  departments  in  certain  towns). 

Sect.  89  revised,  1932,  276;  amended,  1933,  340  §  1;  1934,  343; 
revised,  1935,  466;  amended,  1936,  326;  first  paragraph  amended,  1943, 
366.     (See  1933,  340  §  2.) 

Sect.  90  revised,  1936,  439  §  4. 

Sect.  90A  added,  1943,  452  §  1  (authorizing  certain  cities  and  towns 
to  increase  the  retirement  allowances  of  certain  former  employees  retired 
on  account  of  accidental  disabihtv).     (See  1943,  452  §  2.) 

Sect.  91  revised,  1938,  439  §  5;  amended,  1941,  670  §  24.  (See  1938, 
439  §  7;    1941,  670  §  26.) 


Chapter  33.  —  Militia. 

Act  establishing  a  special  military  reservation  commission,  and  au- 
thorizing the  acquisition  by  the  commonwealth  for  military  purposes 
of  certain  properties  in  Sandwich,  Bourne^  Falmouth  and  Mashpee, 
1935,  196;  powers  and  duties  of  the  commission  defined,  1936,  344 
§§  1,  2;  reservation  enlarged,  1941,  5.    (See  1938,  331.) 

The  following  references  are  to  chapter  33,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  6  revised,  1933,  254  §  1;  1938,  440  §  lA.  (See  1933,  254  §  66; 
1938,  440  §  23.) 

Sect.  7  revised,  1938,  440  §  1.    (See  1938,  440  §  23.) 

Sect.  18  amended,  1932,  15. 

Sect.  22,  paragraph  in  third  line  revised,  1937,  192  §  1. 

Sect.  25A  added,  1935,  295  §  1  (further  regulating  the  calHng  out 
of  the  militia  as  an  aid  to  the  civil  power  of  the  commonwealth) . 

Sect.  26  amended,  1935,  295  §  2. 


880  Changes  in  the  [Chap.  33. 

Sect.  31  amended,  1935,  295  §  3. 

Sect.  32  revised,  1935,  295  §  4. 

Sect.  33  revised,  1935,  295  §  5. 

Sect.  34  amended,  1935,  295  §  6. 

Sect.  48,  subsection  (a)  revised,  1932,  161;  same  subsection  amended, 
1933,  166. 

Sect.  60  amended,  1933,  153  §  1;  1934,  120;  1939,  144  §  1. 

Sect.  67  revised,  1935,  205. 

Sect.  82,  subsection  (e)  added,  1938,  433  (making  the  United  States 
property  and  disbursing  officer  for  Massachusetts  the  finance  officer  of 
the  Massachusetts  National  Guard,  defining  his  powers  and  duties  and 
estabhshing  his  compensation). 

Sect.  90,  paragraph  in  lines  63-65  revised,  1934,  106;  last  sentence 
of  paragraph  (A;)  revised,  1933,  17;  paragraph  (k)  revised,  1937,  192  §  2. 

Sect.  98,  sentence  added  at  end,  1933,  6. 

Chapter  stricken  out  and  new  chapter  33  inserted,  1939,  425  §  1.  (See 
1939,  425  §  2.) 

The  following  references  are  to  the  new  chapter  33 : 

Sect.  1  revised,  1943,  35  §  1. 

Sect.  6,  paragraph  (a)  revised,  1943,  35  §  2. 

Sect.  24  revised,  1943,  35  §  3. 

Sect.  26 A  added,  1943,  348  §  2  (providing  for  the  incurring  by  the 
governor  of  extraordinarv  expenses  in  aid  of  the  civil  power). 

Sect.  47  revised,  1941,"  318. 

Sect.  49  amended,  1941,  217  §  1. 

Sect.  55  revised,  1943,  35  §  4. 

Sects.  55A-55F  added,  1943,  409  §  1  (providing  for  the  acquiring  of 
motor  vehicles  or  for  obtaining  the  use  thereof  by  the  military  division 
of  the  executive  department,  and  for  the  settlement  of  certain  claims 
against  the  commonwealth  arising  out  of  the  operation  of  such  motor 
vehicles). 

Sect.  56  revised,  1943,  35  §'5. 

Sect.  65,  paragraph  (a)  amended,  1941,  395. 

Sect.  66  revised,  1943,  35  §  6. 

Sect.  68A  added,  1943,  35  §  7  (providing  that  the  state  guard  shall 
consist  of  such  organizations  and  units  as  the  commander-in-chief  shall 
prescribe  or  authorize  to  be  formed  and  defining  the  composition 
thereof) . 

Sect.  69,  subdivision  (c)  amended,  1941,  577  §  1.    (See  1941,  577  §  2.) 

Sect.  79  amended,  1941,  490  §  8. 

Sect.  104A  added,  1943,  362  §  1  (authorizing  the  adjutant  general 
■to  accept  on  behalf  of  the  commonwealth  certain  gifts  of  personal  prop- 
erty for  military  purposes). 

Sect.  114,  paragraphs  (a)  and  (h)  revised,  1943,  394  §  1;  paragraph 
•  (d)  amended,  1943,  394  §  2. 

Sect.  126,  sentence  added  at  end,  1943,  262  §  1.    (See  1943,  262  §  3.) 

Sects..  126A  and  126B  added,  1943,  262  §  2  (further  regulating  allow- 
ances in  the  militarv  division  of  the  executive  department).  (See  1943, 
262  §  3.) 

Sect.  153  amended,  1941,  458. 


Chaps.  34,  35.]  GENERAL   LaWS.  881 


Chapter  34.  —  Counties  and  County  Commissioners. 

Sect.  1  revised,  1933,  278  §  2. 

Sect.  4  amended,  1935,  257  §  1;  revised,  1939,  31  §  1.  (See  1935, 
257  §  12.J 

Sect.  5,  schedule  revised,  1943,  102  §  1.     (S(>e  1943,  102  §  2). 

Sect.  7  amended,  1935,  257  §  2;  last  sentence  stricken  out,  1939, 
31  §  2.     (See  1935,  257  §  12.) 

Sect.  12  revised,  1935,  257  §  3.     (See  1935,  257  §  12.) 

Sect.  17  revised,  1932,  74;  affected,  1939,  452  §  7. 

Sect.  19  amended,  1935,  257  §  4.     (See  1935,  257  §  12.) 

Sect.  23  added,  1932,  297  (authorizing  counties  to  receive  certain 
gifts). 


Chapter  35.  —  County  Treasurers,   State  Supervision  of  County  Accounts 

and  County  Finances. 

For  temporary  legislation  increasing  the  salaries  of  certain  officers  and 
employees  in  the  service  of  certain  counties,  see  1942,  15;    1943,  224. 

For  emergency  legislation  incident  to  the  National  Industrial  Re- 
covery Act,  the  Emergency  Relief  Appropriation  Act  of  1935  and  cer- 
tain other  federal  acts,  see  1933,  366;  1934,  21;  1935,  404;  1936,  64, 
83,  414;    1938,  50;    1939,  423  §§  1,  2;    1941,  639  §  1;    1943,  58. 

For  legislation  relative  to  the  issuance  and  renewal  of  certain  tem- 
porary loans  in  anticipation  of  federal  grants  for  public  works  projects, 
see  1938,  82;  1941,  639  §§  2,  3. 

Provisions  relative  to  travel  allowance  of  county  employees  using  cer- 
tain cars  on  official  business,  1933,  322  §  4;  1939,  452  §  2;  1941,  528  §  3; 
1943,  465  §  3. 

Provisions  relative  to  expenses  incurred  for  meals  by  county  em- 
ploytes,  1939,  452  §  3;   1941,  528  §  2;    1943,  465  §  2. 

Sect.  3  revised,  1932,  56;  sentence  added  at  end,  1939,  109  §  2. 

Sect.  11  amended,  1943,  65. 

Sect.  21  amended,  1937,  64  §  2. 

Sect.  25  amended,  1933,  175  §  1. 

Sect.  27  amended,  1933,  175  §  2. 

Sect.  28  amended,  1933,  318  §  2;  1934,  291  §  2;  revised,  1939,  501 
§  1.     (See  1933,  318  §  9;  1934,  291  §  6.) 

Sect.  28A  added,  1943,  414  §  2  (establishing  a  budget  system  for 
county  tuberculosis  hospitals). 

Sect.  29  revised,  1939,  501  §  2. 

Sect.  30  revised,  1939,  501  §  3;   sentence  added  at  end,  1943,  39. 

Sect.  34  revised,  1937,  36;  amended,  1939,  501  §  4. 

Sect.  36A  amended,  1939,  501  §  5;   revised,  1943,  80. 

Sect.  37  amended,  1933,  28. 

Sect.  37A  amended,  1933,  29. 

Sect.  40  amended,  1936,  23  §  1. 

Sect.  43 A  revised,  1939,  214  §  1. 

Sect.  43B  added,  1939,  214  §  2  (relative  to  the  effect  of  the  fiUng  of 
annual  fidelity  bonds  by  county  officers  and  employees). 

Sect.  49  amended,  1935,  182  §  1;  1938,  347  §  1;  1939,  165  §  1;  1941, 


882  Changes  in  the  [Chaps.  36-40. 

447  §  1;  1943,  136  §  1.  (See  1935,  182  §  6;  1938,  347  §  3;  1939,  165 
§  3;  1941,  447  §§  4,  5;  1943,  136  §  3.) 

Sect.  51  amended,  1938,  73  §  2. 

Sect.  52,  second  paragraph  revised,  1938,  73  §  1. 

Chapter  36.  —  Registers  of  Deeds. 

Sect.  3  revised,  1937,  219  §  1;  1939,  214  §  3. 

Sect.  24 A  added,  1941,  89  (authorizing  the  recording  of  certified 
copies  of  petitions,  decrees  and  orders  filed  or  made  pursuant  to  the 
federal  bankruptcy  laws  and  thereby  giving  effect  to  certain  provi- 
sions of  said  laws). 

Chapter  37.  —  Sheriffs. 

Sect.  2  revised,  1937,  219  §  2. 

Sect.  21  revised,  1943,  159  §  1.  (See  1943,  159  §  2.) 

Sect.  22  amended,  1932,  180  §  5. 

Sect.  23  amended,  1936,  31  §  2;  repealed,  1937,  148. 

Chapter  38.  —  Medical  Examiners. 

Sect.  1,  paragraph  in  lines  70-76  amended,  1939,  260;  section 
amended,  1939,  451  §  6. 

Sect.  2A  added,  1943,  153  §  1  (authorizing  associate  medical  exam- 
iners in  Barnstable  County  to  perform  the  duties  of  medical  examiner 
thereof  in  certain  cases).     (See  1943,  153  §  2.) 

Sect.  3  revised,  1939,  214  §  4. 

Sect.  6  amended,  1939,  475. 
■     Sect.  7  amended,  1941,  366. 

Sect.  8  revised,  1932,  118  §  1;  amended,  1939,  30  §  1.  (See  1939, 
30  §  2.) 

Sect.  11  amended,  1941^499. 

Chapter  39.  —  Municipal  Government. 

Sect.  10  amended,  1935,  403  §  1;   1939,  182.    (See  1935,  403  §  2.) 
Sect.  14,  first  and  second  paragraphs  revised,  1943,  453  §§  1  and  2, 
respectivelv- 

Sect.  19  repealed,  1934,  39  §  1. 
Sect.  20  amended,  1934,  39  §  2. 
Sect.  23  amended,  1934,  39  §  3. 

Chapter  40.  —  Powers  and  Duties  of  Cities  and  Towns. 

Temporary  act  relative  to  the  care  and  disposal  of  land  acquired  by 
cities  and  towns  through  foreclosure  of  tax  titles,  1938,  358;  amended 
to  include  care  and  disposal  of  lands  of  low  value  acquired  by  cities 
and  towns  through  purchase,  1939,  123;  further  amended  and  extended, 
1941,  296. 

Sect.  4,  third  paragraph  revised,  1932,  271  §  6;  section  amended, 
1941,  351  §  3.    (See  1932,  271  §  7.) 

Sect.  5,  clause  (1)  amended,  1933,  318  §  3  (see  1933,  318  §  9);  1935, 
106;  revised,  1935,  179;  amended,  1939,  19;  clause  (2)  amended,  1936, 
390;   clause  (5 A)  added,  1938,  172  §  1  (authorizing  appropriations  to 


Chap.  40.]  GENERAL   LaWS.  883 

establish  a  water  supply);  clause  (12)  amended,  1932,  114  §  3;  1933, 
153  §  2,  245  §  2;  revised,  1936,  132  §  1,  163;  amended,  1941,  217  §  2; 
1943,  99;  clause  (28)  revised,  1936,  211  §  5  (see  1936,  211  §  7);  claus(> 
(37)  revised,  1943,  177  §  1   (see  1943,   177  §  2);    clause  (38)  added, 

1934,  154  §  1  (authorizing  appropriations  for  protection  of  interests  in 
real  estate  held  under  tax  title  or  taking) ;  clause  (39)  added,  1935,  28 
(authorizing  appropriations  for  the  purpose  of  co-operating  with  the 
federal  government  in  certain  unemployment  reUef  and  other  projects); 
clause  (40)  added,  1937,  185  (authorizing  appropriations  for  eyeglasses 
for  needy  school  children);  clause  (41)  added,  1938,  142  §  1  (authoriz- 
ing cities  and  towns  to  appropriate  money  for  stocking  inland  waters 
therein  with  fish  and  for  liberating  game  therein);  amended,  1941,  599 
§  4.     (See  1938,  142  §  2.) 

Sect.  5A  added,  1936,  40  (providing  for  the  establishment  of  reserve 
funds  for  cities) ;  amended,  1937,  34. 

Sects.  5,  6.  Temporary  acts,  effective  during  1935  to  1943,  inclu- 
sive, authorizing  appropriations  for  a  general  unemployment  reUef  fund, 

1935,  90;   1937,  4;   1939,  46  §§  1,  2. 

Sects.  6C  and  6D  added,  1943,  225  (relative  to  the  removal  by  cities 
and  towns  of  snow  and  ice  from  private  ways  therein  open  to  public 
use). 

Sect.  9  amended,  1933,  245  §  3;  1935,  305;  1936,  271;  paragraph 
added  at  end,  1937,  255. 

Sect.  11  amended,  1941,  490  §  9. 

Sect.  12A  repealed,  1941,  598  §  5. 

Sect.  13,  paragraph  added  at  end,  1941,  130. 

Sect.  14  revised,  1933,  283  §  1. 

Sect.  17  amended,  1933,  254  §  2.     (See  1933,  254  §  66.) 

Sect.  21,  clause  (16)  added  at  end,  1941,  346  §  1. 

Sects.  25-33.  For  special  zoning  provisions  for  Boston,  see  1924, 
488  and  amendments  prior  to  1932;    1932,  143;    1933,  204;    1934,  210; 

1936,  240;  1941,  373. 

Sects.  25-30A  stricken  out,  and  new  sections  25-30A  (municipal 
zoning  laws)  inserted,  1933,  269  §  1.     (See  1933,  269  §  4.) 

Sect.  27  revised,  1941,  320. 

Sect.  27A  added,  1938,  133  §  1  (to  prevent  multiphcity  of  proposals 
for  the  same  change  in  zoning  ordinances  or  by-laws). 

Sect.  28  revised,  1941,  176. 

Sect.  30,  paragraph  in  Unes  54-60  (as  appearing  in  1933,  269  §  1) 
stricken  out  and  two  paragraphs  added,  1941,  198  §  1;  paragraph  in 
hnes  61-70  (as  so  appearing)  amended,  1935,  388  §  1;  clause  (1)  in  lines 
72-76  (as  so  appearing)  revised,  1941,  198  §  2;  paragraph  in  hnes 
80-90  (as  so  appearing)  amended,  1935,  388  §  2.    (See  1941,  198  §  3.) 

Sect.  30A  stricken  out  and  reinserted  as  section  30B  and  new  sec- 
tion 30A  inserted,  1938,  133  §  2  (to  prevent  multiphcity  of  proposals 
for  the  same  change  in  the  appUcation  of  zoning  ordinances  or  by-laws). 

Sect.  32  revised,  1933,  185  §  1;  amended,  1941,  520  §  1.  (See  1933, 
185  §  2;  1941,  520  §  2.) 

Sect.  38  revised,  1938,  172  §  2;  paragraph  added  at  end,  1941, 
465  §  1. 

Sects.  39A-39G  added,  1938,  172  §  3  (authorizing  the  establishment 
and  maintenance  of  water  Supply  and  distributing  systems). 


884  Changes  in  the  [Chap.  4i. 

Sect.  39A  revised,  1941,  465  §  2. 

Spx;t.  ;)9I1  added,  1943,  125  (authorizing  cities,  towns  and  districts, 
through  thcii'  water  departments,  and  water  companies,  to  aid  similar 
iiHinicipal  and  other  corporations  relative  to  their  water  supplv). 

Sect.  40  revised,  1933,  314. 

Sect.  42A  revised,  1932,  197  §  2;  amended,  1936,  42  §  1;  revised, 
1938,  415  §  1;  amended,  1941,  380  §  1.  (See  1932,  197  §  3;  1938, 
415  §7;    1941,  380  §  7.) 

Sect.  42B  amended,  1935,  56  §  1;  revised,  1936,  42  §  2;  1938,  415 
§  2;  revised,  1941,  380  §  2.  (See  1935,  56  §  2;  1938,  415  §  7;  1941, 
380  §  7.) 

Sect.  42C  amended,  1935,  248  §  1;  revised,  1938,  415  §  3;  1941, 
380  §  3.    (See  1938,  415  §  7;   1941,  380  §  7.) 

Sect.  42D,  last  sentence  revised,  1935,  248  §  2;  section  revised,  1938, 
415  §  4;   1941,  380  §  4.    (See  1938,  415  §  7;   1941,  380  §  7.) 

Sect.  42E,  last  sentence  amended,  1932,  180  §  6;  same  sentence  re- 
vised, 1939,  451  §  7;  section  amended,  1941,  380  §  5.  Affected,  1938, 
415  §  7.    (See  1941,  380  §  7.) 

Sect.  42F  affected,  1938,  415  §  7;   1941,  380  §  7. 

Sect.  43 A  (relative  to  pipe  lines  for  conveying  petroleum  and  its 
products  and  by-products)  added  under  the  heading  "petroleum  and 

ITS  PRODUCTS  AND  BY-PRODUCTS ",   1941,  678   §  2. 

Sect.  51  revised,  1937,  196. 

Chapter  41.  —  Officers  and  Employees  of  Cities,  Towns  and  Districts. 

Provisions  of  G.  L.  chapter  41  authorizing  or  requiring  the  fixing 
of  terms  of  office  of  members  of  any  board,  commission  or  body  affected 
by  1938,  341  §  2. 

Sect.  1,  first  paragraph  revised,  1943,  453  §  3;  paragraph  in  line  10 
revised,  1934,  155  §  1;  paragraph  in  lines  15,  16  revised,  1939,  129; 
paragraph  in  line  25  revised,  1939,  3;  paragraph  added  at  end,  1938, 
341  §  2. 

Sect.  5  amended,  1934,  39  §  4. 

Sect.  11  amended,  1938,  341  §  3. 

Sect.  13  amended,  1936,  18;   1937,  143  §  1. 

Sect.  13A  added,  1932,  289  §  5  (provisions  relative  to  bonds  of  city 
clerks).  [For  prior  legislation,  see  G.  L.  chapter  140  §  148,  repealed 
by  1932,  289  §  6.] 

Sect.  19,  last  sentence  revised,  1938,  66. 

Sect.  19A  added,  1933,  70  §  1  (requiring  the  filing  with  the  state 
secretary  of  certificates  of  appointment  or  election  of  clerks  or  assist- 
ant or  temporary  clerks  of  cities  or  towns,  and  granting  authority  to 
said  secretary  to  authenticate  attestations  of  any  such  officer).  (See 
1933,  70  §  2.) 

Sect.  21,  last  paragraph  revised,  1934,  155  §  2.     (See  1934,  155  §  4.) 

Sect.  24A  repealed,  1937,  129  §  1. 

Sect.  25  revised,  1937,  129  §  2. 

Sect.  25A  revised,  1937,  129  §  3. 

Sect.  26  revised,  1937,  129  §  4.    ' 

Sect.  26A  added,  1935,  149  (relative  to  employment  of  counsel  by 
boards  of  assessors  in  certain  cases). 


Chap.  42.]  GENERAL   LaWS.  885 

Sect.  27  revised,  1936,  118  §  1.     (See  1936,  118  §  3.) 

Sect.  28  amended,  1939,  342  §  2. 

Sect.  35  revised,  1937,  143  §  2;  sentence  added  at  end,  1939,  109  §  1. 

Sect.  37  revised,  1933,  82  §  2;   amended,  1934,  259  §  2. 

Sect.  38A  amended,  1936,  201;   revised,  1941,  211. 

Sect.  39A  added,  1939,  89  (providing  for  tiie  appointment  of  assist- 
ant treasurers  of  cities  and  towns). 

Sect.  39B  added,  1943,  284  (authorizing  the  suspension  and  removal 
of  city  and  town  collectors  and  the  appointment  of  temporary  collectors 
under  certain  circumstances). 

Sect.  40  revised,  1937,  143  §  3. 

Sect.  43A  added,  1939,  88  (requiring  municipalities  to  indemnify 
and  protect  collectors  of  taxes  in  the  performance  of  their  duties  in 
certain  cases);  revised,  1941,  99. 

Sect.  54A  amended,  1936,  62. 

Sect.  59  amended,  1936,  94. 

Sect.  61A  revised,  1937,  143  §  4. 

Sect.  66  revised,  1934,  155  §  3. 

Se^ts.  69A  and  69B  added,  1938,  172  §  4  (relative  to  the  establish- 
ment and  powers  and  duties  of  boards  of  water  commissioners  in  certain 
towns).  „     ^ 

Sect.  70,  paragraph  added  at  end,  1936,  211  §  1.    (See  1936,  211  §  7.) 

Sect.  71  amended,  1943,  266. 

Sect.  72  revised,  1936,  211  §  2.     (See  1936,  211  §  7.) 

Sect.  73,  paragraph  added  at  end,  1936,  211  §  3.    (See  1936,  211  §  7.) 

Sects.  81A-81J  added,  under  caption  "improved  method  of  munic- 
ipal planning",  1936,  211  §  4.     (See  1936,  211  §  7.) 

Sect.  81A,  last  paragraph  revised,  1938,  113. 

Sect.  86  amended,  1939,  261  §  5. 

Sect.  9 IB  added,  1933,  128  (further  regulating  the  appointment  of 
constables). 

Sect.  96A  added,  1938,  342  (disqualifying  felons  from  appointment 
to  the  police  forces  or  departments  of  cities,  towns  and  districts). 

Sect.  99  amended,  1932,  124. 

Sect.  100,  sentence  added  at  end,  1933,  324  §  3;  section  amended, 
1938,  298. 

Sect.  lOOA  amended,  1933,  318  §  4;  1934,  291  §  3.  (See  1933,  318 
§§  8,  9;  1934,  291  §  6.) 

Sect.  105  amended,  1936,  132  §  2. 

Sect.  HI  revised,  1932,  109;  amended,  1936,  242;  revised,  1937,  15; 
1941,  368;  fourth  sentence  stricken  out  and  two  sentences  inserted, 
1943,  280. 

Sect.  Ill  A  amended,  1934,  107. 

Chapter  42.  —  Boundaries  of  Cities  and  Towns, 

Boundary  line  between  Saugus  and  Wakefield  (portion)  established, 
1933,  298;  between  Woburn  and  Reading  (portion)  established,  1934, 
177;  between  Oak  Bluffs  and  Tisbury  (portion)  established,  1935,  145; 
between  Brewster  and  Orleans  (portion)  established,  1935,  356;  between 
Middleton  and  Topsfield  established,  1936,  96;  between  Foxborough 
and  Walpole  established,    1937,    140;    between  Edgartown  and  Oak 


886  Changes  in  the  [Chap.  43. 

Bluffs  (portion)  established,  1937,  265;  between  Arlington  and  Bel- 
mont (portion)  established,  1938,  371;  between  Rochester  and  Ware- 
ham  and  between  Marion  and  Wareham  (portion)  established,  1939, 
279;  between  Fitchburg  and  Leominster  (portion)  established,  1941, 
37,  698;  between  Bellingham  and  Franklin,  1941,  641. 
Sect.  1  revised,  1933,  278  §  3. 

Chapter  43.  —  City  Charters. 

Sect.  1,  three  paragraphs  inserted  after  word  "inclusive"  in  line  22, 
1938,  378  §  1. 

Sect.  5,  paragraph  added  at  end,  1938,  378  §  2. 

Sect.  7  amended,  1939,  451  §  8. 

Sect.  8,  form  of  petition  revised,  1938,  378  §  3. 

Sect.  9  revised,  1941,  640  §  1.     (See  1941,  640  §  7.) 

Sect.  10,  paragraph  added  at  end,  1938,  378  §  4. 

Sect.  11  revised,  1941,  640  §  2.     (See  1941,  640  §  7.) 

Sect.  15  amended,  1933,  313  §  7;  last  paragraph  amended,  1938, 
378  §  5;  section  revised,  1941,  640  §  3.     (See  1941,  640  §  7.) 

Sect.  17  revised,  1938,  378  §  6. 

Sect,  18,  paragraph  numbered  4  inserted,  1938,  378  §  7. 

Sect.  19  revised,  1938,  378  §  8. 

Sect.  23  amended,  1935,  68  §  1. 

Sect.  26,  first  paragraph  revised,  1937,  224  §  1;  amended,  1938, 
378  §  9. 

Sect.  29  revised,  1938,  378  §  10. 

Sect.  30  revised,  1938,  378  §  11. 

Sect.  31  amended,  1938,  378  §  12. 

Sect.  36  revised,  1938,  378  §  13. 

Sect.  42  amended,  1935,  68  §  2. 

Sect.  44 A  amended,  1933,  313  §  8;  last  two  sentences  stricken  out, 
and  paragraph  added  at  end,  1934,  30;  first  paragraph  revised,  1938, 
378  §  14;  last  sentence  of  first  paragraph  stricken  out,  1941,  640  §  4. 
(See  1941,  640  §  7.) 

Sect.  44C,  first  paragraph  amended,  1937,  147;  1943,  229  §  1. 

Sect.  44H  amended,  1932,  180  §  7;  1941,  640  §  5.    (See  1941,  640  §  7.) 

Sect.  46  amended,  1939,  451  §  9. 

Sect.  50A  added,  1936,  135  (relative  to  the  filHng  of  vacancies  in 
the  city  council  in  cities  having  a  Plan  A  form  of  charter). 

Sect.  56  amended,  1937,  224  §  2. 

Sect.  59A  added,  1937,  224  §  3  (relative  to  the  filling  of  vacancies  in 
the  city  council  in  cities  having  a  Plan  B  form  of  charter). 

Sects.  93-116  added,  under  the  heading  "Plan  E.  —  Government 

BY  A  city  council  INCLUDING  A  MAYOR  ELECTED  FROM  ITS  NUMBER, 
AND   A   CITY   MANAGER,    WITH   ALL  ELECTIVE   BODIES   ELECTED  AT   LAJIGE 

BY  PROPORTIONAL  REPRESENTATION",  1938,  378  §  15  (providing  an  ad- 
ditional optional  standard  form  of  city  charter  under  which  substantial 
control  of  the  city  government  is  vested  in  a  city  council  elected  at 
large  by  proportional  representation,  with  a  city  manager  appointed 
and  removable  at  pleasure  by  the  city  council). 

Sect.  100  amended,  1941,  722  §  5. 

Sect.  102  amended,  1941,  722  §  6. 

Sect.  110,  form  of  petition  amended,  1941,  722  §  7. 


Chains.  43A,  44.]  GENERAL   LaWS.  887 


Chapter  43A.  —    Standard  Form  of  Representative  Town  Meeting 
Government. 

Act  relative  to  Wellesley,  1932,  202;  to  Needham,  1932,  279;  to 
Webster,  1933,  13;  to  South  Hadley,  1933,  45:  to  Easthampton,  1933, 
178;  to  Milford,  1933,  271;  to  Adams,  1935,  235;  to  Falmouth,  1935, 
349;  to  Amherst,  1936,  10;  to  Amesburv,  1936,  39;  to  Braintree,  1936, 
56;  1937,  17;  to  Natick,  1938,  2;  to  Palmer,  1939,  110;  to  Reading, 
1943,  7. 

Sect.  3,  first  paragraph  amended,  1937,  267  §  2. 

Sect.  4,  first  paragraph  amended,  1936,  128. 

Sect.  6  revised,  1943,  1  §  1;   1943,  453  §  4.    (See  1943,  1  §  2.) 

Sect.  8,  first  sentence  revised,  1943,  453  §  5. 


Chapter  44.  —  Municipal  Finance. 

For  temporary  legislation  establishing  an  emergency  finance  board 
in  the  department  of  the  state  treasurer,  and  providing  for  the  borrow- 
ing of  money  by  cities  and  towns  against  certain  tax  titles,  see  1933, 
49,  104;  1935,  221,  300,  456;  1936,  281;  1938,  57;  1939,  288,  496: 
1941,  129;  1943,  413. 

For  emergency  legislation  incident  to  the  National  Industrial  Re- 
covery Act,  the  Emergency  Relief  Appropriation  Act  of  1935  and  cer- 
tain other  federal  acts,  see  1933,  366;  1934,  21;  1935,  404;  1936,  64, 
83,414;  1937,159;  1938,50;  1939,  423  §§  1,  2;  1941,  639  §1;  1943,58. 

For  emergency  legislation  authorizing  cities  and  towns  to  make  cer- 
tain appropriations  during  the  existing  state  of  war,  see  1943,  75  §§  1,  2, 
4,  5.     [For  prior  legislation,  see  1941,  487:    1942,  4  §  5;    1943,  5  §  6.] 

For  legislation  authorizing  the  renewal  bv  cities  and  towns  of  certain 
temporary  revenue  loans,  see  1935,  12;  1938,  25:  1939,  68;  1941,  134: 
1943,  60. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1935,  498  §§  2,  3,  4;  1936,  440 
§§  2,  3,  4;  1937,  444  §§  2,  3,  4;  1938,  503  §§  2,  3,  4;  1939,  516  §§  2,  3, 
4,  6,  7,  8;  1941,  731  §§  2,  3.  4,  6,  7,  8;  1943,  568  §§  2.  3,  4,  6,  7,  8,  10, 
11,  12. 

For  temporary  act  authorizing  cities  and  towns  to  borrow  on  account 
of  public  welfare  and  soldiers'  benefits  from  the  commonwealth  and 
elsewhere,  and  authorizing  the  commonwealth  to  issue  bonds  or  notes 
to  provide  funds  therefor,  see  1933,  307  (as  changed  by  1933,  344  §§  3,  4; 
1934,  335;  and  as  affected  by  1933,  367  §  1). 

For  legislation  authorizing  cities,  towns  and  districts  to  borrow,  in 
the  years  1935  to  1944,  inclusive,  on  account  of  public  welfare  and  sol- 
diers' benefits  and  their  share  of  the  cost  of  certain  federal  emergency 
unemployment  rehef  projects,  see  1935,  188;  1936,  80:  1937,  107:  1938, 
58;  1939,72,453;   1941,92;  1943,44. 

For  legislation  authorizing  cities,  towns  and  districts  to  borrow,  in 
the  years  1941  to  1944,  inclusive,  on  account  of  the  distribution  of  sur- 
plus commodities  in  co-operation  with  the  federal  government,  see  1941, 
92;  1943,  44. 

For  legislation  authorizing  temporary  borrowings  by  cities,  towns 
and  districts  in  anticipation  of  receipts  from  federal  grants  for  emer- 


Changes  in  the  [Chap.  44. 

gency  public  works,  see  1935,  213,  404  §  8;  renewal  of  such  borrow- 
ings, 1936,  64;  further  provision  for  the  issuance  and  renewal  of  such 
borrowings,  1938,  82;  1941,  639  §§  2,  3. 

For  temporary  legislation  authorizing  any  city  or  town  to  expend 
money  in  co-operation  with  the  federal  government  prior  to  the  pas- 
sage of  its  annual  budget,  see  1938,  180;   1941,  58. 

For  legislation  regulating  the  use  of  receipts  from  the  sale  by  cities 
and  towns  of  federal  surplus  commodity  stamps,  1941,  65. 

Sect.  2  revised,  1936,  224  §  4.     (See  1936,  224  §§  11,  12.) 

Sect.  4  amended,  1934,  11  §  1;  affected,  1934,  11  §§  2,  3;  amended, 
1936,  16. 

Sect.  4A  added,  1935,  68  §  3  (temporary  loans  by  cities  in  antici- 
pation of  revenue  exempted  from  charter  provisions  relative  to  publi- 
cation and  referendum). 

Sect.  5  amended,  1939,  37. 

Sect.  5A  amended,  1935,  68  §  4. 

Sect.  5B  added,  1943,  61  §  1  (relative  to  borrowing  for  liabilities  in- 
curred by  districts  prior  to  the  annual  appropriations). 

Sect.  7  amended,  1936,  224  §  5.     (See  1936,  224  §§  11,  12.) 

Sect.  8,  clause  (3)  revised,  1938,  172  §  5;  clause  (5)  revised,  1941, 
83;  clause  (9)  amended,  1939,  457. 

Sect.  8A  added,  1939,  108  §  1  (providing  for  submitting  to  the  voters 
of  certain  cities  the  question  of  approving  or  disapproving  orders  author- 
izing the  issue  of  bonds,  notes  or  certificates  of  indebtedness  for  certain 
purposes).     (See  1939,  108,  §  2.) 

Sect.  9  amended,  1941,  376. 

Sect.  10  amended,  1936,  224  §  6;  1939,  24  §  1.  (See  1936,  224  §§  11, 
12.) 

Sect.  U  amended,  1936,  224  §  7.     (See  1936,  224  §§  11,  12.) 

Sect.  12  amended,  1936,  224  §  8.     (See  1936,  224  §§  11,  12.) 

Sect.  13 A  added,  1943,  61  §  2  (relative  to  the  incurring  of  liabilities 
by  districts  prior  to  the  annual  appropriations). 

Sect.  16,  last  sentence  stricken  out,  1936,  224  §  10.  (See  1936,  224 
§§  11,  12.) 

Sect.  22  amended,  1936,  224  §  9.     (See  1936,  224  §§  11,  12.) 

Sect.  29.  As  to  tax  Umit  of  Boston,  see  1932,  125;  1933,  159;  1934, 
201;   1935,  284;   1936,  224. 

Sect.  31 A  added,  1941,  473  §  1  (relative  to  budgets  in  certain  cities). 

Sect,  32,  paragraphs  added  at  end,  1938,  175  §  1,  378  §  16;  section 
revised,  1941,  473  §  2. 

Sect.  33  revised,  1941,  473  §  3. 

Sect.  33A  stricken  out  and  new  sections  33A  and  33B  inserted,  1943, 
62  (amending  and  clarifying  the  law  relative  to  budgets  in  cities). 

Sect.  34  revised,  1938,  170;  paragraph  added  at  end,  1941,  93. 

Sect.  35  amended,  1941,  454. 

Sect.  40  amended,  1939,  339. 

Sect.  46A  added,  1932,  155  (making  permanent  certain  provisions 
of  law  relative  to  investigations  of  municipal  accounts  and  financial 
transactions  by  the  director  of  accounts).  [For  prior  temporary  legis- 
lation, see  1926,  210;   1929,  335.] 

Sect.  51  amended,  1934,  355;  repealed,  1938,  458. 

Sect.  54  amended,  1933,  200. 


Chaps.  45-48.]  GENERAL   LaWS.  889 

Sect.  56A  added,  1934,  229  §  1  (relative  to  the  financial  year  of 
cities).     (See  1934,  229  §§  2,  3.) 

Sect.  64  added,  1941,  179  (authorizing  towns  to  appropriate  money 
for  the  payment  of  certain  unpaid  bills  of  previous  years). 

Chapter  45.  —  Public  Parks,  Playgrounds  and  the  Public  Domain. 

Sect.  2  amended,  1941,  10  §  1. 

Sect.  17A  added,  1938,  220  (authorizing  cities  and  towns  to  use  cer- 
tain ways  therein  for  playground  purposes). 

Chapter  46.  —  Return  and  Registry  of  Births,  Marriages  and  Deaths. 

Sect.  1,  third  sentence  of  second  paragraph  revised,  1933,  280  §  1; 
fourth  paragraph  amended,  1941,  51. 

Sect.  1A  added,  1939,  61  §  1  (further  regulating  the  making  and 
recording  of  certificates  of  birth  of  certain  abandoned  children  and 
foundhngs). 

Sect.  2A  added,  1933,  279  (regulating  the  impounding  of  birth  rec- 
ords of  children  born  out  of  wedlock);  amended,  1937,  78  §  1;  revised, 
1939,  269  §  1. 

Sect.  3,  paragraph  added  at  end,  1939,  326  §  1. 

Sect.  4 A  added,  1941,  434  (providing  for  the  verification  of  returns 
of  births). 

Sect.  6  revised,  1939,  61  §  2. 

Sect.  9  amended,  1936,  100. 

Sect.  12  amended,  1937,  78  §  2. 

Sect.  13,  paragraph  in  first  to  sixth  lines  amended,  1939,  61  §  3; 
second  paragraph  amended,  1933,  280  §  2;  second  paragraph  stricken 
out  and  two  new  paragraphs  inserted,  1938,  63;  first  paragraph  so  in- 
serted revised,  1943,  72  §  2;  paragraph  in  eighteenth  and  nineteenth 
lines,  as  appearing  in  Tercentenary  Edition,  amended,  1938,  97;  fourth 
paragraph,  as  so  appearing,  amended,  1941,  50;  paragraph  added  at 
end,  1939,  61  §  4. 

Sect.  16  amended,  1941,  351  §  4. 

Sect.  17  revised,  1932,  12;  amended,  1939,  269  §  2. 

Sect.  19  revised,  1943,  228  §  1.     (See  1943,  228  §  2.) 

Sect.  20  revised,  1941,  351  §  5. 

Sect.  26  amended,  1939,  326  §  2. 

Chapter  48.  —  Fires,  Fire  Departments  and  Fire  Districts. 

For  emergency  legislation  incident  to  the  National  Industrial  Recov- 
ery Act,  the  Emergency  Relief  Appropriation  Act  of  1935  and  certain 
other  federal  acts,  see  1933,  366;  1934,  21;  1935,  404;  1936,  64,  83, 
414;   1938,  50;   1939,  423  §§  1,  2;   1941,  639  §  1;   1943,  58. 

For  legislation  authorizing  cities,  towns  and  districts  to  borrow,  in 
the  years  1935  to  1944,  inclusive,  on  account  of  public  welfare  and  sol- 
diers' benefits  and  their  share  of  the  cost  of  certain  federal  emergency 
unemployment  rehef  projects,  see  1935,  188;  1936,  80;  1937,  107;  1938, 
58;  1939,72,453;   1941,92;   1943,44. 

For  legislation  authorizing  cities,  towns  and  districts  to  borrow,  in 


890  Changes  in  the  [Chaps.  50,  51. 

the  years  1941  to  1944,  inclusive,  on  account  of  the  distribution  of  sur- 
plus commodities  in  co-operation  with  the  federal  government,  see  1941, 
92;   1943,  44. 

For  legislation  authorizing  temporary  borrowings  by  cities,  towns 
and  districts  in  anticipation  of  receipts  from  federal  grants  for  emer- 
gency pubUc  works,  see  1935,  213,  404  §  8;  renewal  of  such  borrow- 
ings, 1936,  64;  further  provision  for  the  issuance  and  renewal  of  such 
loans,  1938,  82;    1941,  639  §§  2,  3. 

For  legislation  authorizing  the  renewal  by  certain  districts  of  certain 
temporary  revenue  loans,  see  1939,  68;   1941,  134;   1943,  60. 

For  emergency  legislation  authorizing  certain  districts  to  make  cer- 
tain appropriations  during  the  existing  state  of  war,  see  1943,  75  §§  1,  2, 
4,  5.    [For  prior  legislation,  see  1941,  487;   1942,  4  §  5;   1943,  5  §  6.] 

Sect.  8  amended,  1941,  490  §  10. 

Sect.  13  amended,  1938,  204;  revised,  1941,  581. 

Sect.  15  amended,  1932,  180  §  8;   1941,  490  §  11. 

Sect.  16  revised,  1943,  103  §  1. 

Sect.  18  revised,  1943,  103  §  2. 

Sect.  28A  amended,  1941,  490  §  12. 

Sect.  28B.     See  1941,  688. 

Sect.  58 A  added,  1941,  638  (further  regulating  the  hours  of  duty  of 
permanent  members  of  fire  departments  in  certain  cities  and  towns). 

Sect.  59E  added,  1939,  419  §  1  (providing  for  the  ultimate  abolition 
of  reserve  fire  forces  in  certain  cities  and  towns). 


Chapter  50.  —  General  Provisions  relative  to  Primaries,  Caucuses  and 

Elections. 

Sect.  1,  paragraph  defining  "Ballot  labels"  inserted,  1941,  511  §  1; 
paragraph  in  lines  19-21  revised,  1943,  453  §  6;  paragraph  in  lines  54 
and  55  revised,  1941,  511  §  2;  paragraph  in  lines  56-62  amended,  1943, 
318  §  5;  paragraph  in  lines  91  and  92  revised,  1943,  453  §  7;  paragraph 
inserted  after  paragraph  in  line  93,  1943,  453  §  8. 

Sect.  2  amended,  1932,  141  §  1;  sentence  added  at  end,  1938,  341  §  4. 

Sect.  8  amended,  1943,  453  §  9. 


Chapter  51.  —  Voters. 

For  legislation  providing  for  a  state  wide  verification  of  voting  lists, 
see  1938,  427;  repealed  and  superseded  by  1939,  450;  amended,  1943, 
537. 

Sect.  1,  first  paragraph  revised,  1943,  453  §  10;  paragraph  added  at 
end,  1932,  206. 

Sect.  2  amended,  1933,  254  §  3.     (See  1933,  254  §  66.) 

Sect.  3  amended,  1933,  254  §  4;  revised,  1943,  453  §  11.  (See  1933, 
254  §  66.) 

Heading  before  section  4  revised,  1943,  453  §  12. 

Sect.  4  amended,  1933,  254  §  5;  first  paragraph  revised,  1935,  345 
§  1;  amended,  1937,  1  §  1;  revised,  1938,  186  §  1;  section  revised,  1938, 
440  §  2;  section  amended,  1943,  453  §  13.  (See  1933,  254  §§  65,  66; 
1937,  226;   1938,  186  §  5,  440  §  23.) 


Chap.  51.]  GENERAL   LaWS.  891 

Sect.  5  revised,  1938,  440  §  3;   1939,  188  §  1.    (See  1938,  440  §  23.) 

Sect.  6  revised,  1938,  440  §  4;   1939,  188  §  2.    (See  1938,  440  §  23.) 

Sect.  7  amended,  1933,  254  §  6;  revised,  1935,  345  §  2;  amended, 
1938,  440  §  5;  revised,  1939,  188  §  3.  (See  1933,  254  §§  65,  66;  1938, 
440  §  23.) 

Sect.  8  amended,  1933,  254  §  7;  1937,  1  §  2;  revised,  1938,  186  §  2, 
440  §  6.     (See  1933,  254  §  66;   1938,  186  §  5,  440  §  23.) 

Sect.  9  amended,  1933,  254  §  8;  revised,  1938,  440  §  7.  (See  1933, 
254  §  66;   1938,  440  §  23.) 

Sect.  10  amended,  1938,  440  §  8;  repealed,  1943,  453  §  14.  (See 
1938,  440  §  23.) 

Sects.  lOA  and  lOB  added,  1939,  369  §  1  (providing  for  the  securing 
of  information  relative  to  persons  residing  at  inns,  lodging  houses  and 
public  lodging  houses) ;  sections  stricken  out  and  new  section  lOA  in- 
serted, 1943,  320  §  1. 

Sect.  11  revised,  1938,  440  §  9.     (See  1938,  440  §  23.) 

Sect.  12  revised,  1938,  440  §  10.     (See  1938,  440  §  23.) 

Sect.  13  repealed,  1943,  453  §  15. 

Sect.  14A  revised,  1938,  440  §  11.     (See  1938,  440  §  23.) 

Sect.  14B  added,  1933,  254  §  9  (amending  special  acts  relative  to 
the  listing  of  voters  in  certain  municipalities  so  as  to  conform  to  the 
change  in  taxing  date  from  April  1  to  January  1);  revised,  1938,  440 
§  12;  amended,  1943,  453  §  16.  (See  1933,  254  §§  65,  66;  1938,  440 
§23.) 

Sect.  20  i-evised,  1943,  453  §  17. 

Sect.  22  amended,  1938,  280;  re^-ised,  1943,  453  §  18. 

Sect.  23  amended,  1943,  453  §  19. 

Sect.  26  amended,  1932,  48  §  1;  1935,  37  §  1;  1938,  473  §  2;  1943, 
453  §  20. 

Sect.  27  revised,  1932,  48  §  2;  amended,  1935,  37  §  2;  1938,  473  §  3; 
amended,  1943,  109  §  1;   revised,  1943,  453  §  21. 

Sect.  29A  amended,  1943,  109  §  2. 

Sect.  29B  added,  1938,  179  (providing  for  sessions  of  registrars  of 
voters  in  all  the  wards  of  everj^  city  prior  to  each  biennial  state  election) ; 
amended,  1943,  453  §  22. 

Sect.  30,  first  sentence  amended,  1943,  453  §  23. 

Sect.  32  amended,  1933,  254  §  10.     (See  1933,  254  §  66.) 

Sect.  34  amended,  1933,  254  §  11.     (See  1933,  254  §  66.) 

Sect.  35  revised,  1938,  440  §  13;  amended,  1939,  451  §  10.  (See  1938, 
440  §  23.) 

Sect.  36  amended,  1933,  254  §  12;  paragraph  added  at  end,  1943, 
453  §  24.     (See  1933,  254  §  66.) 

Sect.  37  amended,  1933,  254  §  13;  revised,  1938,  440  §  14;  fourth 
sentence  amended,  1939,  369  §  2;  1943,  320  §  2;  last  sentence  stricken 
out,  1941,  328  §  2;  section  revised,  1943,  453  §  25.  (See  1933,  254  §  66; 
1938,  440  §  23.) 

Sect.  38  revised,  1943,  453  §  26. 

Sect.  39  amended,  1938,  440  §  15.     (See  1938,  440  §  23.) 

Sect.  41  revised,  1943,  453  §  27. 

Sect.  41A  added,  1941,  328  §  1  (ensuring  that  certain  laws  relative 
to  registration  of  persons  residing  at  inns  and  lodging  houses  are  of 
general  application);   revised,  1943,  320  §  3. 


892  Changes  in  the  [Chaps.  52, 53. 

Sect.  43  amended,  1933,  254  §  14;  revised,  1938,  440  §  16.  (See 
1933,  254  §  66;  1938,  440  §  23.) 

Sect.  44  amended,  1943,  453  §  28. 

Sect.  45  revised,  1943,  108. 

Sect.  50  amended,  1938,  440  §  17.  (See  1938,  440  §  23.) 

Sect.  55  amended,  1933,  254  §  15;  sentence  added  at  end,  1936,  2 
§  1;  same  sentence  revised,  1938,  473  §  4;  section  amended,  1943,  453 
§  29.  (See  1933,  254  §  66.) 

Sect.  57  amended,  1943,  453  §  30. 

Sect.  61  amended,  1937,  21  §  1. 

Sect.  62  amended,  1943,  453  §  31. 

Sect.  63  revised,  1943,  453  §  32. 

Chapter  52.  —  Political  Committees. 

The  following  references  are  to  chapter  52,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  1  amended,  1932,  310  §  1;  revised,  1934,  288  §  1;  1936,  99. 
(See  1934,  288  §  5;  1937,  384,  435.) 

Sect.  2  amended,  1932,  310  §  2;  revised,  1934,  288  §  2;  amended, 
1936,  11  §  2.    (See  1934,  288  §  5;   1936,  11  §  3;   1937,  384,  435.) 

Sect.  4  amended,  1934,  288  §  3.     (See  1934,  288  §  5.) 

Sect.  7  amended,  1934,  118;  first  paragraph  stricken  out,  1934,  288 
§  4.     (See  1934,  288  §  5;  1937,  384,  435.) 

Sect.  9  amended,  1932,  310  §  3;   1937,  24  §  1.    (See  1937,  384,  435.) 

Chapter  stricken  out  and  new  chapter  inserted,  1938,  346  §  1.  (See  1938, 
346  §§  3,  4.) 

The  following  reference  is  to  the  new  chapter  52 : 

Sect.  9  revised,  1941,  337  §  1. 


Chapter    53.  —  Nominations,    Questions    to    be    submitted    to    the    Voters, 
Primaries  and  Caucuses. 

Sect.  1  amended,  1939,  371. 

Sect.  2  amended,  1932,  310  §  4;  last  sentence  revised,  1934,  32  §  1; 
section  revised,  1938,  473  §  5;   1941,  337  §  2.     (See  1937,  384,  435.) 

Sect.  3  revised,  1936,  116  §  1;  amended,  1937,  45  §  1;  revised,  1943, 
334  §  1. 

Sect.  6  amended,  1936,  101;  revised,  1939,  191;  1941,  266;  amended, 
1943,  50;  revised,  1943,  334  §  2. 

Sect.  7  amended,  1933,  254  §  16;  sentence  inserted,  1936,  2  §  2; 
section  revised,  1936,  4  §  1;  amended,  1937,  25  §  1;  1938,  341  §  5;  first 
and  second  sentences  revised,  1943,  334  §  3.     (See  1933,  254  §  66.) 

Sect.  7A  added,  1943,  229  §  2  (relative  to  the  certification  of  nomina- 
tion petitions  for  preliminary  elections  in  cities). 

Sect.  8,  first  paragraph  amended,  1932,  135  §  4;  section  amended, 
1933,  35  §  1;  first  sentence  amended,  1938,  473  §  6;  section  revised, 
1943,  334  §  4. 

Sect.  10,  first  paragraph  amended,  1934,  111;  revised,  1937,  45  §  2; 
amended,  1938,  373  §  4;  second  oaragraph  revised,  1933,  313  §  2; 
1941,  278;  amended,  1941,  472  §  4;  1943,  229  §  3;  third  paragraph 
revised,  1937,  77  §  2;   amended,  19-13,  334  §  5. 

Sect.  11,  sentence  added  at  end,  1933,  313  §  3;  revised,  1937,  77  §  3; 
section  revised,  1937,  212  §  1;  amended,  1943,  334  §  6. 


Chap.  53. J  GENERAL    LaWS.  893 

Sect.  12  revised,  19:^7,  212  §  2;  first  paragraph  amended,  1913,  334 
§  7;  paragraph  added  at  end,  1939,  166. 

Sect.  12A  added,  1933,  305  (to  prevent  certain  fraudulent  nomina- 
tions). 

Sect.  13,  sentence  added  at  end,  1933,  313  §  4;    section  amended, 

1937,  26,  77  §  4. 

Sect.  14,  sentence  inserted  after  third  sentence,  1943,  334  §  8. 
Sect.  15  amended,  1943,  334  §  9. 
Sect.  17  amended,  1943,  334  §  10. 

Sect.  17A  added,  under  the  heading  "endorsement  for  nomina- 
tion OF  MEMBERS  OF  STATE  POLITICAL  COMMITTEES  BY  CONVENTIONS", 

1938,  397. 

Sect.  18  revised,  1934,  282. 

Sect.  20  revised,  1943,  334  §  11. 

Sect.  22A  amended,  1932,  80;   1938,  192;   1943,  51. 

Sect.  22B  added,  1938,  191  (requiring  persons  circulating  initiative 
and  referendum  petitions  to  attest  the  validity  of  signatures  thereto 
under  the  penalties  of  perjury). 

Sect.  24.     See  1937,  275. 

Sect.  26  amended,  1943,  334  §  12. 

Sect.  28  amended,  1932,  ^10  §  5;  revised,  1933,  313  §  5;  amended, 
1934,  32  §  2;   revised,  1938,  473  §  7.     (See  1937,  384,  435.) 

Sect.  32  amended,  1932,  310  §  6;  1938,  473  §  8.  (See  1937,  384, 
435.) 

Sect.  33,  sentence  added  at  end,  1941,  511  §  3. 

Sect.  34  revised,  1932,  310  §  7;  first  paragraph  revised,  1938,  436  §  1; 
fourth  paragraph  revised,  1937,  22;  section  revised,  1938,  473  §  9;  sec- 
ond and  third  paragraphs  revised,  1941,  337  §  3;  fifth  paragraph  revised, 
1941,  352;  amended,  1943,  334  §  13.     (See  1937,  384,  435.) 

Sect.  35  amended,  1932,  310  §  8;  1938,  473  §  10;  amended,  1941, 
337  §  4.     (See  1937,  384,  435.) 

Sect.  35A  added,  194.3,  301  (relative  to  pasters  or  stickers  for  use  at 
primaries). 

Sect.  36  amended,  1941,  511  §  4. 

Sect.  37  revised,  1943,  334  §  14. 

Sect.  38  amended,  1938,  299;   1943,  334  §  15. 

Sect.  40  revised,  1932,  30. 

Sect.  40A  added,  1943,  334  §  16  (requiring  petitions  for  recounts  at 
primaries  of  a  political  party  to  be  signed  by  enrolled  voters  thereof). 

Sect.  41  revised,  1932,  310  §  9;  section  and  title  preceding  it  stricken 
out  and  new  section  inserted  under  the  heading  "provisions  applying 
TO  state  primaries",  1938,  473  §  11;  section  revised,  1941,  337  §  5. 
(See  1937,  384,  435.) 

Sect.  42  amended,  1932,  310  §  10;  1937,  24  §  2;  revised,  1938,  373 
§  1.     (See  1937,  384,  435.) 

Sect.  43  amended,  1932,  310  §  11;   1937,  201.    (See  1937,  384,  435.) 

Sect.  44  revised,  1932,  310  §  12;  amended,  1935,  38;  revised,  1938, 
373  §  2,  473  §  12';  amended,  1941,  337  §  6.    (See  1937,  384,  435.) 

Sect.  45  amended,  1932,  310  §  13;  first  paragraph  amended,  1936,  22; 
1938,  84;  section  revised,  1938,  473  §  13;  amended,  1941,  337  §  7.  (See 
1937,  384,  435.) 

Sect.  46  amended,  1936,  4  §  2;  revised,  1937,  25  §  2;  amended,  1941, 
337  §  8. 


894  Changes  in  the  [Chap.  54. 

Sect.  47  amended,  1932,  .310  §  14;  1938,  473  §  14.  (See  1937,  384, 
435.) 

Sect.  48  amended,  1932,  310  §  15;  first  paragraph  revised,  1938, 
373  §  3;  paragraph  added  at  end,  1938,  272;  same  paragraph  amended, 
1941,  563:  paragraph  added  at  end,  1941,  675;  section  amended,  1943, 
53.     fSee  1937,  384,  435.) 

Sect.  49  revised,  1932,  310  §  16;  1938,  473  §  15.  (See  1937,  384, 
435.) 

Sect.  51  amended,  1932,  310  §  17;  1938,  473  §  16.  (See  1937,  384, 
435.) 

Sect.  52  amended,  1932,  310  §  18;  revised,  1938,  473  §  17;  amended, 
1941,  337  §  9.     (See  1937,  384,  435.) 

Sect.  53  revised,  1932,  310  §  19;  1938,  473  §  18;  amended,  1941, 
337  §  10.     (See  1937,  384,  435.) 

Sect.  53A  amended,  1932,  310  §  20;  revised,  1938,  473  §  19.  (See 
1937,  384,  435.) 

Sect.  54  revised,  1932,  310  §  21;  two  sentences  added,  1935,  482 
§  1;  section  amended,  1936,  11  §  1;  1937,  24  §  3;  section  (and  head- 
ing) revised,  1938,  346  §  2;  section  amended,  1941,  337  §  11.  (See 
1936.  11  §§  2,  3;   1937,  384.  435:   1938.  346  §§  3,  4.) 

Sects.  54 A  and  54B  added,  1932,  310  §  22  (relative  to  proceedings 
at  pre-primary  conventions,  to  the  form  of  certificates  of  nomination 
of  candidates  thereat,  and  to  the  acceptance  of  such  nominations); 
repealed,  1938,  473  §  20.     (See  1937,  384,  435.) 

Sect.  55,  paragraph  added  at  end,  1936,  116  §  2. 

Sect.  56,  amended,  1943,  334  §  17. 

Sect.  57  amended,  1937,  410. 

Sect.  61  amended,  1936,  140;   1937,  411;   1941,  272. 

Sects.  65-70  (and  caption)  repealed,  1932,  310  §  23.  (See  1937,  384, 
435;  1938,  473  §  21.) 

Sects.  70A-70H  added,  under  heading  "provisions  applying  to 
presidential  primaries,"  1938,  473  §  21. 

Sect.  70B  amended,  1941,  337  §  12. 

Sect.  70F  amended,  1939,  451  §  11. 

Sect.  71.     See  1937,  275. 

Sect.  72A  added,  1933,  313  §  6  (relative  to  caucuses  before  regular 
city  elections  in  cities  having  absent  voting) ;  revised,  1937,  77  §  5. 

Sect.  112  amended,  1935,  59  §  2. 

Sect.  117  amended,  1932,  141  §  2. 

Sect.  121  added,  1932,  141  §  3  (authorizing  the  nomination  by 
caucuses  other  than  those  of  political  or  municipal  parties  of  two 
candidates  for  each  town  office);   revised,  1936,  204. 

Chapter  54.  —  Elections. 

For  temporary  legislation  relative  to  qualification  of  and  absent  voting 
by  members  of  the  armed  forces  during  the  present  war,  see  1943,  390. 

Sect.  2  amended,  1943,  411  §  1. 

Sect.  4  revised,  1935,  482  §  2;  amended,  1936,  185;  revised,  1937, 
412. 

Sect.  5  revised,  1943,  209  §  1. 

Sect.  6  revised,  1943,  411  §  2. 


Chap.  54.]  GENERAL   LawS.  895 

Sect.  7  revised,  1943,  411  §  8. 

Sect.  9A  added,  1937,  267  §  1  (relative  to  the  use  of  precincts  in 
certain  towns  in  the  form-ation  of  representative  districts). 

Sect.  11  amended,  1932,  76  §  1;  1984,  158  §  1;  1937,  27;  1988.  341 
§  6;  revised,  1941,  432  §  1. 

Sect.  11 A  added,  1932,  76  §  2  (dispensing  with  the  appointment  of 
deputy  election  officers  in  certain  cities). 

Sect.  IIB  added,  1941,  432  §  2  (relative  to  the  appointment  of 
election  officers  in  certain  cities);  revised,  1943,  230 

Sect.  12  amended,  1934,  158  §  2. 

Sect.  13  amended,  1934,  158  §  3;   1943,  411  §  4 

Sect.  14  amended,  1943,  411  §  5. 

Sect.  16A  added,  1943,  411  §  6  (relative  to  the  temporary  filling  of 
vacancies  in  the  offices  of  election  officers). 

Sect.  19  amended,  1934,  158  §  4. 

Sect.  21  amended,  1934,  158  §  5. 

Sect.  22  amended,  1943,  411  §  7. 

Sect.  23  amended,  1943,  411  §  8. 

Sect.  24,  last  sentence  stricken  out  and  two  new  sentences  inserted, 
1943,  209  §  2. 

Sect.  25  revised,  1943,  411  §  9. 

Sect.  26  amended,  1938,  281  §  1;   1943,  240. 

Sect.  30  amended,  1943,  310  §  1. 

Sect.  30A  aiided,  1943,  310  §  2  (relative  to  election  officers  in  places 
where  voting  machines  are  used) . 

Sect.  31,  paragraph  added  at  end,  1943,  310  §  3. 

Sect.  33,  last  sentence  stricken  out,  and  paragraph  inserted  at  end, 
1935,  238  §  1.  .  ^    ^ 

Sects.  33A-33D  added,  1943,  310  §  4  (relative  to  the  use  of  voting 
machines  at  primaries  and  elections). 

Sect.  34  revised,  1936,  205  §  1;  second  paragraph  stricken  out, 
1938,  281  §  2. 

Sect.  35  revised,  1943,  310  §  5. 

Sects.  35A  and  35B  added,  1938,  281  §  3  (relative  to  voting  by  chal- 
lenged voters  at  polling  places  where  voting  machines  are  used  and 
to  the  counting  of  votes  where  such  machines  are  used). 

Sect.  35A,  sentence  added  at  end,  1941,  511  §  5. 

Sect.  35B,  second  sentence  of  second  paragraph  revised,  1941,  511 
§  6;  second  paragraph  revised,  1943,  310  §  6;  third  paragraph  amended, 
1941,  511  §  7. 

Sect.  38  revised,  1936,  205  §  2. 

Sect.  41,  third  paragraph  amended,  1933,  35  §  2;  1938,  190;  second 
sentence  of  same  paragraph  revised,  1938,  436  §  2;  last  paragraph 
stricken  out  and  three  paragraphs  inserted,  1943,  411  §  11. 

Sect.  42  amended,  1932,  135  §  5;  first  paragraph  amended,  1935, 
238  §  2;  same  paragraph  revised,  1941,  292;  last  paragraph  amended, 
1943,  411  §  12. 

Sect.  43  revised,  1932,  135  §  1. 

Sect.  44  amended,  1943,  411  §  13. 

Sect.  45,  first  sentence  revised,  1943,  281  §  1;  paragraph  added  at 
end,  1943,  281  §  2. 

Sect.  48  amended,  1943,  290. 


896  Changes  in  the  [Chap.  54. 

Sect.  49  amended,  1943,  411  §  14. 

Sect,  60,  last  sentence  amended,  1938,  281  §  6. 

Sect.  62  amended,  1935,  257  §  5.     (See  1935,  257  §  12.) 

Sect.  64,  last  paragraph  amended,  1934,  39  §  5. 

Sect.  65  revised,  1933,  289  §  1;  amended,  1943,  411  §  15. 

Sect.  70  revised,  1943,  411  §  16. 

Sect.  71.     See  1937,  275. 

Sect.  71A  added,  1943,  411  §  17  (requiring  that  election  officers  in 
cities  and  in  certain  towns  be  supervised  bv  the  city  or  town  clerk). 

Sect.  75  amended,  1943,  411  §  18. 

Sect.  76  revised,  1943,  411  §  19. 

Sect.  76A  added,  1943,  411  §  20  (requiring  a  person  applying  to  vote 
to  write  his  name  upon  request  of  anv  election  officer). 

Sect.  78  revised,  1932,  135  §  2. 

Sect.  79  amended,  1943,  411  §  21. 

Sect.  85A  added,  1937,  275  §  1  (relative  to  the  challenging  of  voters 
at  polling  places  at  certain  elections,  primaries  and  caucuses).  (See 
1937,  275  §  2.) 

Sect.  87,  subsection  (6)  revised,  1936,  404  §  1 ;  subsection  (c)  revised, 
1936,  404  §  2;  amended,  1937,  162  §  2;  1941,  279  §  2;  subsection  (d) 
revised,  1941,  333. 

SecT;  89  revised,  1936,  404  §  3. 

Sect.  92  revised,  1936,  404  §  4;  amended,  1937,  162  §  1;  1941, 
279  §  1. 

Sect.  93  revised,  1936,  404  §  5;  amended,  1941,  722  §  8. 

Sect.  95  revised,  1936,  404  §  6. 

Sect.  96  amended,  1936,  404  §  7. 

Sect.  100  revised,  1936,  404  §  8. 

Sect.  103A  added,  1933,  313  §  1  (providing  for  absent  voting  at 
regular  city  elections);  affected,  1936,  404  §  9;  revised,  1937,  77  §  1; 
first  paragraph  amended,  1939,  152. 

Sect.  104  amended,  1934,  39  §  6. 

Sect.  105,  fourth  paragraph  amended,  1938,  341  §  7. 

Sect.  107  revised,  1943,  411  §  22. 

Sect.  109  amended,  1943,  411  §  23. 

Sect.  112  amended,  1935,  257  §  6;  1939,  31  §  3.    (See  1935,  257  §  12.) 

Sect.  122  amended,  1935,  257  §  7.     (See  1935,  257  §  12.) 

Sect.  132  amended,  1932,  33. 

Sect.  133  amended,  1937,  21  §  2. 

Sect.  134  amended,  1943,  411  §  24. 

Sect.  135,  first  paragraph  amended,  1933,  254  §  17;  section  revised, 
1933,  270;  first  paragraph  revised,  1935,  59  §  1;  1938,  250  §  1;  1941, 
236;  third  paragraph  revised,  1937,  303;  same  paragraph  amended, 
1941,  350;  last  paragraph  revised,  1938,  250  §  2;  paragraph  inserted 
after  first  paragraph,  1938,  281  §  4;  section  revised,  1943,  417.  (See 
1933,  254  §  66.) 

Sect.  135A  added,  1938,  281  §  5  (relative  to  the  recounting  of  votes 
where  voting  machines  are  used);  amended,  1943,  411  §  25. 

Sect.  137  amended,  1935,  55. 

Sect.  138,  last  paragraph  amended,  1937,  23  §  1. 

Sect.  139  amended,  1943,  49. 

Sect.  141  amended,  1939,  508  §  16. 


Chaps.  54A-56.]  GENERAL   LawS.  897 

Sect.  144  revised,  1935,  257  §  8;  first  paragraph  amended,  1939,  31 
§  4.     (See  1935,  257  §  12.) 

Sect.  146  amended,  1935,  257  §  9.     (See  1935,  257  §  12.) 

Sect.  148  amended,  1937,  23  §  2. 

Sect.  151  amended,  1932,  135  §  3. 

Sect.  158  amended,  1935,  257  §  10;  first  paragraph  revised,  1939, 
31  §  5.     (See  1935,  257  §  12.) 

Sect.  161  (except  last  paragraph)  amended,  1934,  265.  (See  1939, 
467.) 


Chapter  54A.  —  Election  of  City  and  Town  Officers  by  Proportional  Repre- 
sentation and  Preferential   Voting. 

New  chapter  inserted,  1937,  345. 

Chapter  inserted  by  1937,  345  stricken  out  and  new  chapter  inserted, 
1938,  341  §  1. 

Sect.  1  amended,  1941,  345. 

Sect.  2,  paragraph  added  at  end,  1938,  378  §  17;  section  revised, 
1941,  640  §  6.     (See  1941,  640  §  7.) 


Chapter  55.  —  Corrupt  Practices  and  Election   Inquests. 

Sect.  1  revised,  1943,  318  §  1. 

Sect.  5  amended,  1943,  318  §  2. 

Sect.  6  amended,  1943,  318  §  3. 

Sect.  7  amended,  1938,  75;  revised,  1943,  273  §  1. 

Sect.  8  revised,  1939,  223. 

Sect.  16,  sentence  added  at  end,  1941,  280  §  1. 

Sect.  17  amended,  1941,  280  §  2. 

Sect.  17A  added,  1943,  273  §  2  (requiring  the  fihng  of  statements 
of  receipts  and  expenditures  on  account  of  activities  of  certain  corpora- 
tions when  affected  by  initiative  petitions). 

Sect.  34B  added,  1943,  483  §  1  (prohibiting  interference  with  the 
dehvery  to  voters  of  circulars  and  other  printed  matter  or  the  unlawful 
removal  thereof). 

Sect.  36,  paragraph  inserted  after  paragraph  contained  in  line  10, 
1943  483  §  2. 

Sect.  37  revised,  1943,  318  §  4. 

Chapter  56.  —  Violations  of  Election  Laws. 

Sect.  1  repealed,  1939,  342  §  3. 

Sect.  2  revised,  1938,  440  §  18.  (See  1938,  440  §  23.) 
Sect.  4  amended,  1939,  451  §  12. 

Sect.  5  revised,  1938,  440  §  19;  sentence  added  at  end,  1943,  320  §  4. 
(See  1938,  440  §  23.) 
Sect.  6  revised,  1938,  440  §  20.  (See  1938,  440  §  23.) 
Sect.  7  amended,  1938,  440  §  21.  (See  1938,  440  §  23.) 
Sect.  8  revised,  1938,  440  §  22.  (See  1938,  440  §  23.) 
Sect.  22  revised,  1938,  341  §  8;  amended,  1943,  411  §  26. 
Sect.  28  amended,  1938,  341  §  9. 
Sect.  33  amended,  1939,  299  §  1. 


898  Changes  in  the  '  [Chaps.  57, 58. 

Sect.  35  amended,  1939,  299  §  2. 

Sect.  39  revised,  1933,  289  §  2. 

Sect.  40  amended,  1938,  341  §  10. 

Sect.  44  amended,  1938,  341  §  11. 

Sect.  45  amended,  1938,  341  §  12. 

Sect,  48  amended,  1939,  451  §  13. 

Sect.  65A  added,  1943,  483  §  3  (penalizing  interference  with  the  de- 
livery to  voters  of  circulars  and  other  printed  matter  or  the  unlawful 
removal  thereof). 

Sect.  68  amended,  1939,  299  §  3. 


Chapter    57.  —  Congressional,    Councillor    and    Senatorial    Districts,    and 
Apportionment  of  Representatives. 

Sect.  1  revised,  1941,  556. 

Sect.  2  revised,  1939,  507  §  1. 

Sect.  3  revised,  1939,  507  §  2. 

Sect.  4  revised,  1939,  467  §  1.     (See  1939,  467  §§  2,  3,  4.) 

Sect.  5.     See  1939,  467. 


Chapter  58.  - —  General  Provisions  relative  to  Taxation. 

For  legislation  providing  for  temporarv  cigarette  taxes,  see  1939,  454 
§§  1-18;   1941,  417;   1943,  407.    (See  1941,  715.) 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1935,  498  §§  2,  3,  4;  1936,  440 
§§  2,  3,  4;  1937,  444  §§  2,  3,  4;  1938,  503  §§  2,  3,  4;  1939,  516  §§  2,  3, 
4,  6,  7,  8;  1941,  731  §§  2,  3,  4,  6,  7,  8;  1943,  568  §§  2,  3,  4,  6,  7,  8,  10, 
11,  12. 

Sect.  1,  first  sentence  revised,  1943,  428  §  2;  fifth  sentence  amended, 

1932,  180  §  9;  same  sentence  revised,  1937,  108  §  2. 

Sect.  2  amended,  1933,  254  §  18;  paragraph  added  at  end,  1941,  726 
§  2.     (See  1933,  254  §  66.) 
Sect.  3  amended,  1933,  254  §  19.     (See  1933,  254  §  66.) 
Sect.  8  revised,  1935,  322  §  1. 
Sect.  9  revised,  1939,  346;   1941,  112. 
Sect.  10  amended,  1934,  323  §  9.     (See  1934,  323  §  11.) 
Sect.  11  amended,  1939,  451  §  14;  repealed,  1941,  609  §  1. 
Sect.  12  amended,  1941,  490  §  13;  repealed,  1941,  609  §  1. 
Sect.  13  amended,  1933,  254  §  20.     (See  1933,  254  §  66.) 
Sect.  14  amended,  1939,  451  §  15. 
Sect.  15  amended,  1933,  254  §  21;    revised,  1941,  490  §  14.     (See 

1933,  254  §  66.) 

Sect.  17A  amended,  1939,  451  §  26. 

Sect.  18  revised,  1933,  350  §  7;  amended,  1936,  405  §  1;  1939,  451 
§  16;  affected,  1933,  357  §  4;  1935,  438  §  2.  (See  1933,  307  §  11,  350 
§9;   1936,  362  §4.) 

Sect.  20  revised,  1936,  362  §  3;  amended,  1937,  108  §  1;  1941,  656 
§  1.    (See  1936,  362  §§  4,  8;   1937,  108  §  3.) 

Sect.  20A  added,  1936,  376  §  3  (relative  to  the  set-off  of  money  due 
to  the  commonwealth  from  a  city  or  town  against  sums  due  to  the  city 
or  town  from  the  commonwealth). 


Chaps.  68A,  69.]  GENERAL  LawS.  899 

Sect.  21  amended,  1933,  254  §  22;    repealed,  1934,  323  §  1.     (See 
1933,  254  §  66;  1934,  323  §  11.) 
Sects.  22  and  23  repealed,  1934,  323  §  1.     (See  1934,  323  §  11.) 
Sect.  24  amended,  1933,  254  §  23.     (See  1933,  254  §  66.) 
Sect.  24A  revised,  1934,  323  §  2.     (See  1934,  323  §  11.) 
Sect.  25  revised,  1934,  323  §  3;   amended,  1939,  451  §  17;  first  sen- 
tence revised,  1941,  729  §  11.     (See  1934,  323  §  11 ;   1941,  729  §  15  ) 
Sect.  25A  revised,  1934,  323  §  4.     (See  1934,  323  §  11.) 
Sect.  26  amended,  1933,  254  §  24;    repealed,  1934,  323  §  1.     (See 

1933,  254  §  66;   1934,  323  §  11.) 

Sect.  27,  first  sentence  revised,  1943,  521  §  1. 

Sect.  31  added,  under  heading  "forms",  1937,  135  §  1  (relative  to 
forms  of  application  for  abatement  of  taxes  and  certain  other  forms 
and  the  approval  thereof  by  the  commissioner  of  corporations  and 
taxation). 

Chapter  58A.  —  Appellate  Tax  Board  (former  title,  Board  of  Tax  Appeals). 

Title  revised,  1937,  400  §  2. 

Sect.  1  revised,  1937,  400  §  3.     (See  1937,  400  §§  1,  2,  4,  5,  7.) 

Sect.  5  revised,  1941,  381,  596  §  24. 

Sect.  6  amended,  1932,  180  §  10;  revised,  1933,  167  §  4;   amended, 

1934,  323  §  10;  revised,  1938,  478  §  4;  first  sentence  revised,  1941,  609 
§  2;  same  sentence  amended,  1941,  726  §  1.  (See  1933,  167  §  5;  1934, 
323  §11;   1937,400  §1.) 

Sect.  7  revised,  1933,  321  §  2;  amended,  1939,  451  §  18.  (See  1933, 
321  §  9.) 

Sect.  7A  added,  1933,  321  §  3  (providing  for  the  estabhshment  of 
informal  procedure  before  the  appellate  tax  board);  revised,  1935, 
447;  third  sentence  revised,  1938,  384;  1943,  282.    (See  1933,  321  §§8, 

Sect.  8  revised,  1933,  321  §  4.     (See  1933,  321  §  9.) 
Sect.  8A  added,  1935,  276  §  1  (providing  for  adequate  discovery  in 
tax  appeal  cases). 

Sect.  10  revised,  1933,  321  §  5.     (See  1933,  321  §  9.) 
Sect.  12  amended,  1933,  321  §  6.     (See  1933,  321  §  9.) 
Sect.  12A  added,  1943,  430  (relative  to  taxation  of  costs  by  the  appel- 
late tax  board  in  certain  appeals  as  to  the  assessed  value  where  it  exceeds 
the  value  as  recently  determined  by  said  board). 

Sect.  13  revised,  1933,  321  §  7;  one  sentence  revised,  1933,  350  §  8; 
same  sentence  amended,  1935,  218  §  1;  1939,  366  §  1.  (See  1933,  321 
§  9,  350  §  9.) 

I   Chapter  59.  —  Assessment  of  Local  Taxes. 

For  temporary  legislation  exempting  persons  in  the  military  and  naval 
service  of  the  United  States  from  the  payment  of  poll  taxes,  see  1943, 
406. 

For  temporary  legislation  exempting  from  taxation  certain  real  prop- 
erty of  residents  of  the  commonwealth  serving  in  the  armed  forces  of 
the  United  States,  and  their  spouses,  see  1943,  412. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1935,  498  §§  2,  3,  4;    1936,  440 


900  Changes  in  the  [Chap.  59. 

§§  2,  3,  4;  1937,  444  §§  2,  3,  4;  1938,  503  §§  2,  3,  4;  1939,  516  §§  2,  3, 
4,  6,  7,  8;  1941,  731  §§  2,  3,  4,  6,  7,  8;  1943,  568  §§  2,  3,  4,  6,  7,  8,  10,  11, 
12. 

Temporary  act  relative  to  the  taking  of  appeals  involving  real  estate 
in  which  closed  banks  have  an  interest,  1941,  145  §  2. 

As  to  Boston  taxes,  see  1932,  125;    1933,  159;   1934,  201;   1935,  284; 

1936,  224. 

Sect.  1  amended,  1936,  202  §  1;  revised,  1938,  186  §  3.  (See  1936, 
202  §  2;  1938,  186  §  5.) 

Sect.  5,  clause  First  revised,  1936,  81;  1938,  47;  clause  Third,  sub- 
section (c)  amended,  1933,  198  §  1  (see  1933,  198  §  2) ;  clause  Eleventh 
revised,  1938,  317;  clause  Sixteenth  revised,  1936,  362  §  1;  1941,  467 
(see  1936,  362  §§  4,  8);  clause  Seventeenth  revised,  1935,  294;  amended, 
1939,  451  §  19;   revised,  1941,  227  §  1;   clause  Seventeenth  A  added, 

1938,  186  §  4;  sentence  added  at  end,  1943,  559  (see  1938,  186  §  5); 
clause  Eighteenth  revised,  1941,  227  §  2;    clause  Twentieth  revised, 

1937,  132;  1941,  482;  clause  Twenty-second  amended,  1939,  451  §  20; 
clause  Twenty-third  amended,  1932,  114  §  4;  clause  .Thirty-fifth  re- 
vised, 1939,  24  §  2. 

Sect.  5A  added,  1941,  227  §  3  (relative  to  collection  of  taxes  from 
estates  of  persons  who  were  relieved  therefrom  for  lack  of  ability  to 
pay,  or  otherwise). 

Sect.  6  amended,  1933,  254  §  25;  1936,  59  §  1;  first  paragraph 
amended,  1941,  440.    (See  1933,  254  §  66;   1936,  59  §  3.) 

Sects.  6  and  7.     See  1934,  307. 

Sect.  7,  first  paragraph  amended,  1936,  59  §  2;    section  amended, 

1939,  451  §  21.     (See  1936,  59  §  3.) 

Sect.  8  amended,  1933,  80,  254  §  26;  paragraph  added  at  end,  1935, 

119  §  1.     (See  1933,  254  §  66;   1935,  119  §  2.) 
Sect.  9  amended,  1933,  254  §  27;  revised,  1939,  342  §  4.    (See  1933, 

254  §  66.) 

Sect.  10  amended,  1933,  254  §  28.     (See  1933,  254  §  66.) 

Sect.  11  amended,  1933,  254  §  29;  revised,  1936,  92;  1939,  175.    (See 

1933,  254  §  66.) 
Sect.  16  amended,  1937,  114. 
Sect.  18,  opening  paragraph  and  clauses  First  and  Second  amended, 

1933,  254  §  30;   clause  Second  revised,  1936,  362  §  2.     (See  1933,  254 

§  66;  1936,  362  §  8.) 
Sect.  19  amended,  1933,  254  §  31.     (See  1933,  254  §  66.) 
Sect.  20  revised,  1933,  254  §  32;  amended,  1936,  376  §  1.    (See  1933, 

254  §  66.) 

K  Sect.  21  revised,  1933,  254  §  33;  1936,  376  §  2.  (See  1933,  254  §  66.) 

L  Sect.  23,  paragraph  added  at  end,  1938,  175  §  2. 

L.Sect.  27  amended,  1936,  118  §  2.  (See  1936,  118  §  3.) 

^  Sect.  29,  last  three  sentences  revised,  1933,  254  §  34.  (See  1933, 

254  §  66.) 
Sect.  33  amended,  1933,  254  §  35.  (See  1933,  254  §  66.) 
Sect.  39  amended,  1933,  254  §  36;  1939,  451  §  22.  (See  1933,  254 

§66.) 
Sect.  41  amended,  1933,  254  §  37.  (See  1933,  254  §  66.) 
Sect.  45  amended,  1933,  254  §  38:  form  appended  to  section  amended, 

1933,  254  §  39.  (See  1933,  254  §  66.) 


Chap.  60.]  GENERAL   LaWS.  901 

Sect.  47  amended,  1933,  254  §  40.     (See  1933,  254  §  66.) . 

Sect.  49  amended,  1933,  254  §  41.     (See  1933,  254  §  66.) 

Sect.  57  amended,  1933,  151  §  1;  revised,  1933,  254  §  42;  1935,  158 
§  1;  amended,  1937,  203  §  1;  revised,  1938,  330  §  1;  1941,  258  §  1. 
(See  1933,  151  §  2,  254  §  66;  1935,  158  §  2;  1937,  203  §  2;  1938,  330  §  2.) 

Sect.  59,  sentence  added  at  end,  1933,  165  §  1;  section  revised,  1933, 
254  §  43,  266  §  1;  1934,  136  §  2;  amended,  1935,  187  §  1;  revised,  1939, 
250  §  1;  first  sentence  revised,  1943,  166  §  1.  (See  1933,  254  §  66,  266 
§2;   1934,  136  §3;   1935,  187  §2.) 

Sect.  60  revised,  1941,  209. 

Sect.  61,  last  sentence  revised,  1933,  165  §  2. 

Sect.  61A  added,  1935,  276  §  2  (providing  for  adequate  discovery  in 
proceedings  for  tax  abatement). 

Sect.  63  amended,  1943,  79. 

Sect.  64,  first  paragraph  amended,  1933,  130  §  1;  second  paragraph 
amended,  1935,  218  §  2;  section  revised,  1937,  400  §  6;  1938,  478  §  1; 
first  sentence  amended,  1939,  31  §  6;  second  paragraph  amended,  1939, 
366  §  2;   1943,  248.    (See  1937,  400  §§  1-5,  7.) 

Sect.  65  amended,  1933.  130  §  2,  167  §  1;  revised,  1938,  478  §  2; 
1939,  31  §  7. 

Sect.  65A  added,  1932,  218  §  1  (providing  that  the  sale  or  taking  of 
real  property  for  payment  of  unpaid  taxes  thereon  shall  not  prejudice 
proceedings  for  the  abatement  of  such  taxes) ;  revised,  1933,  325  §  18. 
(See  1932,  218  §  2;  1933,  325  §  19.) 

Sect.  65B  added,  1938,  478  §  3  (relative  to  appeals  to  the  appellate 
tax  board  from  the  refusal  of  assessors  to  abate  certain  taxes  on  real 
estate) . 

Sect.  69  amended,  1935,  218  §  3;  1939,  366  §  3. 

Sect.  73  amended,  1933,  254  §  44.     (See  1933,  254  §  66.) 

Sect.  74  amended,  1933,  254  §  45;  1939,  24  §  3.    (See  1933,  254  §  66.) 

Sect.  75  amended,  1934,  104. 

Sect.  78  amended,  1941,  258  §  5. 

Sect.  79  amended,  1938,  150  §  1. 

Sect.  83  amended,  1933,  254  §  46;  1939,  24  §  4.    (See  1933,  254  §  66.) 

Sect.  84  amended,  1933,  254  §  47.     (See  1933,  254  §  66.) 

Sect.  85  amended,  1933,  254  §  48.  (See  1933,  254  §  66.)  Affected, 
1941,  609. 

Sect.  86  amended,  1933,  254  §  49.     (See  1933,  254  §  66.) 


Chapter  60.  —  Collection  of  Local  Taxes. 

Temporary  act  relative  to  the  care  and  disposal  of  land  acquired 
by  cities  and  towns  through  foreclosure  of  tax  titles,  1938,  358;  amended 
to  include  care  and  disposal  of  lands  of  low  value  acquired  by  cities  and 
towns  through  purchase,  1939,  123;  further  amended  and  extended, 
1941,  296. 

Sect.  1,  third  paragraph  revised,  1933,  164  §  1;  last  two  paragraphs 
amended,  1943,  37  §  1. 

Sect.  3  revised,  1933,  254  §  50;  amended,  1941,  258  §  2;  1943,  37 
§  2;  sentence  inserted  after  third  sentence,  1943,  166  §  2.  (See  1933, 
254  §  66.) 


902  Changes  in  the  [Chap.  60. 

Sect.  3A  added,  1934,  136  §  1  (requiring  that  certain  information 
relative  to  abatement  or  exemptions  be  included  in  tax  bills) ;  amended, 
1936,  156;  revised,  1943,  166  §  3,  564  §  1.  (See  1934,  136  §  3;  1943, 
564  §  2.) 

Sect.  3B  added,  1935,  322  §  2  (relative  to  the  suspension  of  payment 
of  certain  assessments  payable  by  certain  persons  entitled  to  exemp- 
tion from  local  taxes). 

Sect.  4  revised,  1939,  342  §  5. 

Sect.  5  revised,  1933,  168  §  2;  amended,  1941,  258  §  3. 

Sect.  13,  sentence  added  at  end,  1937,  143  §  5;  section  revised,  1939, 
44;  1941,  308. 

Sect.  15,  first  paragraph  amended,  1934,  151  §  2;  1935,  252  §  1; 
section  revised,  1943,  179. 

Sect.  15A  added,  1935,  252  §  2  (further  regulating  charges  and  fees 
for  the  collection  of  poll  taxes). 

Sect.  16  revised,  1933,  168  §  1;  amended,  1933,  254  §  51.  (See  1933, 
168  §  4,  254  §  66.) 

Sect.  18  repealed,  1932,  54  §  1. 

Sect.  22  revised,  1933,  254  §  52;  affected,  1933,  308.  (See  1933, 
254  §  66.) 

Sect.  22A  added,  1941,  573  §  1  (relative  to  bills  for  taxes  on  parcels 
of  real  estate  and  payments  on  account  thereof).    (See  1941,  573  §  2.) 

Sect.  23  revised,  1932,  197  §  1;  two  sentences  added  at  end,  1943, 
478  §  3. 

Sect.  35  revised,  1938,  150  §  2. 

Sect.  37  amended,  1933,  254  §  53,  325  §  1;  1934,  131  §  2;  revised, 
1934,  169;  amended,  1935,  269;  1936,  146;  last  sentence  revised,  1941, 
84  §  1;  section  revised,  1943,  478  §  1.  (See  1933,  254  §  66;  1934,  131 
§  3;   1941,  84  §  2.) 

Sect.  37A  added,  1943,  478  §  2  (relative  to  the  continuance  of  local 
tax  liens  during  the  existence  of  legal  impediments  to  sales  or  takings 
thereunder). 

Sect.  38  amended,  1933,  254  §  54,  325  §  2.  (See  1933,  254  §  66, 
325  §  21.) 

Sect.  39  amended,  1933,  325  §  3. 

Sect.  42  revised,  1933,  164  §  2. 

Sect.  43,  last  sentence  revised,  1932,  54  §  2;  section  amended,  1935, 
183,  236. 

Sect.  45  amended,  1933,  325  §  4;  1937,  209;  1938,  339  §  1. 

Sect.  46,  paragraph  added  at  end,  1934,  131  §  1. 

Sect.  48  amended,  1933,  325  §  5.     (See  1933,  325  §  20.) 

Sect.  50  revised,  1933,  325  §  6;  amended,  1935,  414  §  1;  1936,  93  §  2; 
amended,  1941,  319  §  1.     (See  1935,  414  §  4;  1941,  319  §§  3,  4.) 

Sect.  50A  added,  1934,  154  §  2  (providing  for  protection  of  interests 
in  real  estate  held  under  tax  sales  or  takings) . 

Sect.  51  amended,  1933,  254  §  55.     (See  1933,  254  §  66.) 

Sect.  52  revised,  1936,  392  §  1. 

Sect.  53  revised,  1933,  164  §  3.     (See  1933,  325  §  20.) 

Sect.  54  amended,  1933,  325  §  7;  1938,  339  §  2. 

Sect.  55  amended,  1933,  325  §  8. 

Sect.  58  revised,  1932,  2;   1939,  250  §  2. 

Sect.  59  amended,  1933,  254  §  56.     (See  1933,  254  §  66.) 


Chap.  60.]  GENERAL  LawS.  903 

Sect.  61  revised,  1933,  325  §  9;  amended,  1934,  48;  1936,  93  §  1. 
(See  1933,  325  §  20.) 

Sect.  61A  added,  1943,  188  (relative  to  taking  for  nonpayment  of 
taxes  lands  subject  to  tax  titles  held  by  municipalities  when  the  assess- 
ment unit  is  changed). 

Sect.  62  revised,  1933,  325  §  10;  first  paragraph  amended,  1934, 
218;  same  paragraph  revised,  1935,  414  §  2;  second  paragraph  revised, 
1935,  278;  section  revised,  1936,  392  §  2;  second  paragraph  amended, 
1941,  231;  paragraph  inserted  after  the  second  paragraph,  1938,  415 
§  5.     (See  1935,  414  §  4.) 

Sect.  G3  amended,  1933,  325  §  11;  revised,  1936,  392  §  3. 

Sect.  65  amended,  1933,  325  §  12;   1938,  305. 

Sect.  66  amended,  1935,  224  §  1.     (See  1935,  224  §  6.) 

Sect.  67  amended,  1935,  224  §  2.     (See  1935,  224  §  6.) 

Sect.  68  amended,  1934  224  §  3;  paragraph  added  at  end,  1935, 
354  §  1;  section  amended,  1935,  414  §  3.  (See  1935,  224  §  6,  354  §  3, 
414  §  4.) 

Sect.  69  amended,  1935,  224  §  4.     (See  1935,  224  §  6.) 

Sect.  70  amended,  1935,  224  §  5.     (See  1935,  224  §  6.) 

Sect.  71  amended,  1941,  319  §  2.     (See  1941,  319  §§  3,  4.) 

Sect.  75  amended,  1936,  189  §  1. 

Sect.  76  revised,  1935,  318  §  1;  amended,  1936,  189  §  2.  (See  1935, 
318  §§  2,  8.) 

Sect.  76A  added,  1935,  354  §  2  (providing  for  redemption  in  part 
from  tax  sales  in  certain  cases);  paragraph  added  at  end,  1939,  181. 
(See  1935,  354  §  3.) 

Sect.  76B  added,  1938,  415  §  6  (relative  to  the  effect  of  errors  or 
irregularities  in  respect  to  water  rates  and  charges  included  in  a  tax 
title  account). 

Sect.  77,  paragraph  added  at  end,  1938,  339  §  3. 

Sect.  78  amended,  1933,  325  §  13;  repealed,  1936,  194.  (See  1933, 
325  §  20.) 

Sect.  79,  second  paragraph  amended,  1933,  325  §  14;  1935,  173  §  1; 
section  revised,  1941,  594  §  1. 

Sect.  80  amended,  1933,  325  §  15;  revised,  1935,  173  §  2;  amended, 
1941,  594  §2.     (See  1939,  123;   1941,296.) 

Sects.  80 A  and  SOB  added,  1941,  594  §  3  (relative  to  the  vaHdity  of 
title  acquired  at  sales  of  lands  of  low  value  held  by  cities  and  towns 
under  tax  titles). 

Sect.  84  revised  1935  260 

Sect!  84 A  revised,  1933,  325  §  16;  1935,  181  §  1.    (See  1935,  181  §  2.) 

Sect.  92  revised,  1933,  82  §  1;  amended,  1934,  259  §  1. 

Sect.  93  revised,  1943,  199. 

Sect.  95  revised,  1933,  325  §  17;  amended,  1934,  315  §  2;  revised, 
1935,  248  §  3;  amended,  1939,  451  §  23;  1941,  380  §  6;  sentence 
added  at  end,  1943,  107.    (See  1934,  315  §  3.) 

Sect.  97  revised,  1934,  151  §  1. 

Sect.  104  revised,  1937,  43. 

Sect.  105  revised,  1933,  168  §  3;   1941,  258  §  4. 

Form  2  in  schedule  at  end  of  chapter  repealed,  1932,  54  §  1 ;  schedule 
of  forms  at  end  of  chapter  stricken  out,  1933,  168  §  3. 


904  Changes  in  the  [Chaps.  60A-62. 


Chapter  60A.  —  Excise  Tax  on  Registered  Motor  Vehicles  in  Lieu  of  Local 

Tax. 

Sect.  1,  first  paragraph  amended,  1936,  384  §  1;  last  paragraph 
amended,  1936,  384  §  2;  paragraph  added  at  end,  1938,  111;  section 
revised,  1938,  480  §  1;  fourth  paragraph  amended,  1941,  718  §  1.  (See 
1941,  718  §  2.) 

Sect.  2  revised,  1936,  384  §  3;  1938,  480  §  2;  ninth  sentence  amended, 
1939,  366  §  4. 

Sect.  2A  added,  1938,  492  §  1  (providing  for  the  suspension  of  cer- 
tificates of  registration  in  cases  of  nonpayment  of  the  excise  on  regis- 
tered motor  vehicles);   last  sentence  stricken  out,  1943,  18. 

Sect.  3  revised,  1936,  384  §  4;   1938,  480  §  3. 

Sect.  4  revised,  1938,  480  §  4,  492  §  2. 

Sect.  6  amended,  1936,  384  §  5;  revised,  1938,  480  §  5. 


Chapter  61.  —  Classification  and  Taxation  of  Forest  Lands  and  Forest 
Products  (former  title  Taxation  of  Forest  Products  and  Classification 
and  Taxation  of  Forest  Lands). 

Sect.  3  amended,  1933,  254  §  57.  (See  1933,  254  §  66.) 
Sect.  5  amended,  1941,  490  §  15. 

Chapter  stricken  out,  and  new  chapter  61  (with  new  title)  inserted,  1941, 
652  §  1.     (See  1941,  652   §  2.) 

Sect.  1,  first  paragraph  stricken  out  and  two  paragraphs  inserted, 
1943,  461  §  1.     (See  1943,  461  §§4  and  5.) 

Sect.  2,  second  schedule  and  all  preceding  such  schedule  revised, 
1943,  461  §  2.     (See  1943,  461  §§  4  and  5.) 

Sect.  6  amended,  1943,  461  §  3.     (See  1943,  461  §§  4  and  5.) 


Chapter  62.  —  Taxation  of   Incomes. 

For  legislation  estabUshing  an  additional  tax  upon  personal  incomes 
to  provide  funds  for  old  age  assistance.  See  1941,  729  §§  9,  15;  1943, 
482  §  3. 

For  temporary  legislation  relative  to  the  taxation  of  dividends  of 
certain  corporations,  see  1933,  307,  357;  1935,  489;  1936,  82  §  1;  1937, 
395;   1938,  489  §§  2-5;   1939,373;   1941,331;   1943,285. 

For  temporary  legislation  providing  for  additional  taxes  upon  per- 
sonal incomes,  see  1935,  480;  1936,  397;  1937,  422;  1938,  502;  1939, 
454  §  19;   1941,  416  §§  1,  3;   1943,  482  §§  1,  3,  4. 

Sect.  1,  subsection  (c),  paragraph  Third  added,  1935,  489  §  6;  sub- 
section (e)  amended,  1935,  489  §  7. 

Sect.  3  revised,  1943,  45  §  1. 

Sect.  5,  paragraph  (6)  amended,  1935,  489  §  8;  same  paragraph 
revised,  1939,  486  §  1;  paragraph  (c)  revised,  1934,  363  §  1;  1935,  481 
§  1.    (See  1934,  363  §  2;   1935,  481  §  2;   1939,  486  §  3.) 

Sect.  6,  clause  (g)  revised,  1935,  436  §  1;  clause  (h)  revised,  1943, 
511.     (See  1935,  436  §  2.) 

Sects.  7A  and  7B  added,  1935,  438  §  1  (relative  to  income  taxation 
of  gains  from  certain  transactions  in  real  property). 

Sect.  18.     See  Sect.  18  of  Chapter  58  in  this  Table. 


Chap.  63.]  GENERAL   LaWS.  905 

Sect.  21A  added,  under  caption  "presumption  as  to  inhabitancy", 
1936,  310  (providing  that  individuals  under  certain  circumstances  shall 
be  presumed  to  be  inhabitants  of  the  Commonwealth  for  income  tax 
purposes) ;  repealed,  1938,  489  §  8. 

Sect.  22  revised,  1939,  486  §  2.     (See  1939,  486  §  3.) 

Sect.  24  revised,  1943,  45  §  2. 

Sect.  25A  added,  1935,  438  §  3  (relative  to  returns  of  taxable  gains 
from  certain  transactions  in  real  property). 

Sect.  30  amended,  1935,  152. 

Sect.  31  revised,  1943,  45  §  3. 

Sect.  33,  first  paragraph  revised,  1943,  45  §  4;  paragraph  added, 
1932,  186. 

Sect.  36  amended,  1933,  167  §  2. 

Sect.  37  revised,  1933,  350  §  1.     (See  1933,  350  §  9.) 

Sect.  37A  added,  1933,  350  §  2  (providing  for  the  payment  of  income 
taxes  in  two  installments).     (See  1933,  350  §  9.) 

Sect.  39,  first  sentence  revised,  1933,  350  §  3.     (See  1933,  350  §  9.) 

Sect.  41  revised,  1932,  152;   1933,  350  §  4.     (See  1933,  350  §  9.) 

Sect.  43  amended,  1933,  350  §  5;  1937,  135  §  2.    (See  1933,  350  §  9.) 

Sect.  45  amended,  1939,  451  §  24. 

Sect.  46  revised,  1933,  350  §  6.     (See  1933,  350  §  9.) 

Sect.  56  revised,  1943,  45  §  5. 


Chapter  63.  —  Taxation  of  Corporations. 

Sect.  1,  paragraph  defining  "Bank"  revised,  1943,  472;    paragraph 

defining  "Net  income"  revised,  1933,  327  §  1.    (See  1933,  327  §  7.) 
Sect.  2  amended,  1933,  327  §  2;  1939,  451  §  25;   1941,  509  §  3.    (See 

1933,327  §  7;  1941,  509  §9.) 
Sect.  3  amended,  1933,  254  §  58;   1934,  323  §  5.    (See  1933,  254  §  66; 

1934,  323  §  11.) 
Sect.  4  amended,  1939,  368;  1941,  509  §  4.    (See  1941,  509  §  9.) 
Sect.  5  amended,  1933,  254  §  59;  repealed,  1934,  323  §  1.    (See  1933, 

254  §  66;  1934,  323  §  11.) 

Sect.  6  repealed,  1934,  323  §  1.  (See  1934,  323  §  11.) 

Sect.  12,  paragraph  (c)  amended,  1937,  274  §  1;  paragraph  (h)  added 

at  end,  1934,  362. 
Sect.  18  revised,  1939,  447  §  1.  (See  1939,  447  §  3.) 
Sect.  18A  amended,  1939,  447  §  2.  (See  1939,  447  §  3.) 
Sect.  20  amended,  1941,  509  §  5;  revised,  1943,  531  §  1.  (See  1941, 

509  §  9;  1943,  531  §§  2,  3,  7.) 

Sect.  24  amended,  1943,  531  §  4.  (See  1943,  531  §  7.) 
Sect.  25  amended,  1943,  531  §  5.  (See  1943,  531  §  7.) 
Sect.  28  amended,  1939,  451  §  27;   1941,  509  §  6;  revised,  1943,  531 

§  6.    (See  1941,  509  §  9;   1943,  531  §  7.) 
Sects.  30-51.     See  1934,  317  §  2. , 
Sects.  30-60.     For  legislation  establishing  an  additional  tax  under 

these  sections  to  provide  funds  for  old  age  assistance,  see  1941,  729 

§§  9,  15;   1943,  482  §  3. 
For  temporary  legislation  providing  for  additional  taxes  levied  under 

these  sections,  see  1935,  480;    1936,  397;    1937,  422;    1938,  502;    1939, 

454  §  19;  1941,  416  §§  1,  3;   1943,  482  §§  1,  3,  4. 


906  Changes  in  the  [Chap.  63. 

Sect.  30,  paragraph  2  revised,  1943,  459  §  1;  paragraph  3,  subdivi- 
sion (a)  revised,  1939,  24  §  5;  paragraph  contained  in  Hnes  48-51 
amended,  1933,  58  §  3,  revised,  1943,  459  §  2;  paragraph  contained  in 
Hnes  52-69  revised,  1934,  237  §  1;  paragraph  4,  subdivision  (a)  revised, 
1939,  24  §  6;  paragraph  contained  in  Hnes  70-74  amended,  1933,  58  §  4, 
revised,  1934,  237  §  1,  1943,  459  §  3;  paragraph  5  revised,  1933,  327  §  3. 
(See  1933,  58  §  5,  327  §  7;   1934,  237  §  2.) 

Sect.  32  revised,  1933,  342  §  1;  amended,  1936,  362  §  5;  1939,  363 
§  1.     (See  1933,  342  §  6;  1936,  362  §  8;  1939,  363  §  2.) 

Sect.  32A  amended,  1933,  342  §  2.     (See  1933,  342  §  6.) 

Sect.  33  revised,  1933,  303  §  1.     (See  1933,  303  §  3.) 

Sect.  34  amended,  1933,  327  §  4.     (See  1933,  327  §  7.) 

Sect.  35  revised,  1933,  58  §  1. 

Sect.'36  revised,  1933,  327  §  5;  amended,  1935,  473  §  2.  (See  1933, 
327  §  7;  1935,  473  §  7.) 

Sect.  38,  paragraph  10  added  at  end,  1933,  342  §  3.  (See  1933, 
342  §  6.) 

Sect.  38B,  last  paragraph  amended,  1935,  473  §  3.  (See  1935,  473 
§  7.)  [For  temporary  legislation  affecting  taxation,  during  the  years 
1934  to  1946,  inclusive,  of  corporations  subject  to  this  section,  see  1934, 
317  §  1;  1935,  489  §  4;  1937,  395  §  5;  1938,  489  §  6;  1939,  373  §  5; 
1941,  331  §  5;   1943,  285  §  5.] 

Sect.  38C  revised,  1937,  383  §  1.     (See  1937,  383  §  3.) 

Sect.  39,  subsection  (1)  revised,  1936,  362  §  6;  last  paragraph 
amended,  1933,  327  §  6;  new  paragraph  added  at  end,  1933,  342  §  4. 
(See  1933,  327  §  7,  342  §  6;  1936,  362  §  8.) 

Sect.  39A  revised,  1933,  303  §  2;  first  paragraph  amended,  1934,  134. 
(See  1933,  303  §  3.) 

Sect.  40  revised,  1933,  58  §  2. 

Sect.  42,  last  sentence  amended,  1932,  180  §  11;  section  revised, 
1933,  342  §  5.     (See  1933,  342  §  6.) 

Sect.  42B  revised,  1937,  383  §  2.     (See  1937,  383  §  3.) 

Sect.  43.  See  1933,  307  §  9A;  1935,  489  §  2;  1937,  395  §  2;  1938, 
489  §  3;  1939,  373  §  2;  1941,  331  §  2;  1943,  285  §  2. 

Sect.  44  amended,  1935,  473  §  4;  1936,  362  §  7.  (See  1935,  473  §  7; 
1936,  362  §  8.) 

Sect.  45  amended,  1933,  195  §  1;  revised,  1935,  473  §  5;  amended, 
1943,  395.    (See  1933,  195  §  2;   1935,  473  §  7.) 

Sect.  48  revised,  1935,  473  §  1.     (See  1935,  473  §  7.) 

Sect.  53,  first  paragraph  amended,  1933,  254  §  60;  1941,  509  §  7; 
clause  Fourth  revised,  1934,  323  §  6.  (See  1933,  254  §  66;  1934,  323 
§  11;  1941,  509  §9.) 

Sect.  54,  paragraph  in  Hnes  9-17  amended,  1933,  254  §  61;  same 
paragraph  revised,  1934,  323  §  7;  last  paragraph  amended,  1934,  323 
§  7A.     (See  1933,  254  §  66;  1934,  323  §  11.) 

Sect.  55,  first  paragraph  amended,  1936,  134;  section  amended,  1939, 
24  §7. 

Sect.  56A  revised,  1934,  317  §  3.     (See  1934,  317  §  4.) 

Sect.  59  amended,  1934,  323  §  8.     (See  1934,  323  §  11.) 

Sect.  60  amended,  1939,  451  §  28;  1941,  509  §  8.    (See  1941,  509  §  9.) 

Sect.  68A  amended,  1939,  24  §  8. 

Sect.  70  revised,  1935,  473  §  6.     (See  1935,  473  §  7.) 


Chaps.  64-65A.]  GENERAL   LaWS.  907 

Sect.  71  amended,  1933,  167  §  3;  1939,  451  §  29. 

Sect.  71 A  amended,  1935,  150;  1939,  451  §  30. 

Sect.  71B  added,  1937,  135  §  3  (providing  that  applications  for  abate- 
ment or  correction  of  taxes,  made  pursuant  to  any  provision  of  this 
chapter,  shall  be  in  writing  upon  forms  approved  by  the  commissioner). 

Sect.  81  revised,  1939,  24  §  9. 

Chapter  64.  —  Taxation  of  Stock  Transfers. 

Sect.  6  amended,  1939,  451  §  31. 

Chapter   64A.  —  Taxation   of   Sales   of   Gasoline   and    Certain   Other   Motor 

Vehicle  Fuel. 

Chapter  affected,  1932,  248;  1935,  336;  1936,  398;  1938,  431  §  2; 
1939,  408;   1941,  330;   1943,  270. 

Sect.  1,  paragraph  (d)  revised,  1936,  357  §  1;  paragraph  (g)  amended, 
1941,  490  §  16.     (See  1936,  357  §  3.) 

Sect.  3,  last  sentence  amended,  1943,  420  §  1. 

Sect.  4  revised   1938  431  §  1. 

Sect.  5  amended,  1936,  357  §  2;  1939,  451  §  32;  revised,  1943,  420 
§  2.     (See  1936,  357  §  3.) 

Sect.  7  revised,  1943,  420  §  3. 

Sect.  10  amended,  1939,  451  §  33;  revised,  1943,  420  §  4. 

Sect.  12  revised,  1941,  490  §  17. 

Chapter  64B.  —  Excise  upon  Charges  for   Meals  served   to   the   Public. 

New  chapter  inserted,  1941,  729  §  17.     (See  1941,  729  §  15.) 
Sect.  6,  paragraph  added  at  end,  1943,  521  §  2. 

Chapter  65.  —  Taxation  of  Legacies  and  Successions. 

For  legislation  establishing  an  additional  tax  upon  legacies  and  suc- 
cessions to  provide  funds  for  old  age  assistance,  see  1941,  729  §§  9A,  15; 
1943,  482  §  3. 

For  temporary  legislation  providing  for  additional  taxes  upon  legacies 
and  successions,  see  1935,  480;  1936,  397;  1937,  422;  1938,  502;  1939, 
454  §§  20,  22;   1941,  416  §§  2,  3;   1943,  482  §§  2,  3,  4. 

Sect.  1,  table  revised,  1933,  293;  1941,  415  §  1;  first  sentence  re- 
vised, 1941,  605  §  1.    (See  1941,  415  §  2,  605  §  2.) 

Sect.  3  amended,  1939,  380. 

Sects.  24A-24F  added,  1933,  319  (providing  reciprocal  relations  in 
respect  to  death  taxes  upon  estates  of  non-resident  decedents). 

Sect.  25  amended,  1939,  451  §  34;  revised,  1939,  494  §  1. 

Sect.  26  amended,  1939,  451  §  35;  revised,  1939,  494  §  2. 

Sect.  32  amended,  1939,  451  §  36. 

Chapter  65A.  —  Taxation  of  Transfers  of  Certain  Estates. 

Sect.  1,  paragraph  added  at  end,  1932,  284;  second  paragraph  re- 
vised, 1933,  316  §  1;  section  amended,  1937,  420  §  1.  (See  1933,  316 
§  2;   1937,  420  §  4.) 

Sect.  5  stricken  out,  and  new  sections  5-5B  inserted,  1943,  519  §  1 


908  Changes  in  the  [Chaps.  65B-69. 

(providing  for  the  equitable  apportionment  in  certain  cases  of  estate 
taxes  and  the  collection  and  payment  thereof).     (See  1943,  519  §  2.) 

Sect.  6  amended,  1937,  420  §  2;  last  sentence  revised,  1943,  471. 
(See  1937,  420  §  4.) 

Sect.  7  repealed,  1937,  420  §  3.     (See  1937,  420  §  4.) 


Chapter  65B.  —  Settlement  of  Disputes  respecting  the  Domicile  of  Dece- 
dents for  Death  Tax  Purposes. 

New  chapter  inserted,  1943,  428  §  1.     (See  1943,  428  §  3.) 

Chapter  66.  —  Public   Records. 

Sect.  3  revised,  1936,  305;   1941,  662  §  1. 

Sects.  5,  7  and  16  affected,  1941,  662  §  2. 

Sect.  8,  amended,  1943,  128. 

Sect.  15  amended,  1939,  40. 

Sect.  17A  added,  1941,  630  §  1  (making  records  relating  to  old  age 
assistance,  aid  to  dependent  children  and  aid  to  the  blind  confidential); 
revised,  1943,  169. 


Chapter  68.  —  Donations  and  Conveyances  for  Pious  and  Charitable  Uses. 

Sect.  10,  sentence  added  at  end,  1934,  238. 


Chapter   69.  —  Powers   and    Duties   of    the    Department    of    Education. 

Sect.  6  amended,  1932,  127  §  3. 

Sect.  7  amended,  1935,  275;  1937,  213,  327;  1938,  315;  revised, 
1938,  424;  amended,  1941,  351  §  6,  561;  revised,  1943,  403. 

Sect.  8  amended,  1932,  127  §  4. 

Sect.  9  amended,  1938,  442  §  1. 

Sect.  9A  added,  1938,  442  §  2  (further  regulating  education  in  the 
use  of  English  and  certain  other  subjects  adapted  to  fit  persons  for 
American  citizenship). 

Sect.  11  revised,  1939,  409  §  4.     (See  1939,  409  §§  1,  5.) 

Sect.  19  amended,  1943,  89  §  1. 

Sect.  19A  added,  1943,  89  §  2  (requiring  reports  to  the  director  of 
the  division  of  the  blind  of  results  of  examinations  of  blind  persons).  - 

Sect.  23  revised,  1943,  526. 

Sect.  23A  added,  1938,  28  (requiring  the  furnishing  of  information 
to  the  director  of  the  division  of  the  blind  by  certain  banks  and  other 
depositories). 

Sect.  25  revised,  1935,  397. 

Sects.  25A-25E  added,  1938,  329  (regulating  the  raising  of  funds  for 
the  benefit  of  the  blind). 

Sect.  26,  paragraph  added  at  end,  1935,  286. 

Sect.  26A  added,  1941,  630  §  2  (relative  to  information  concerning 
recipients  of  aid  to  the  blind). 

Sect.  29  added,  1938,  313  (relative  to  instruction  in  lip  reading  for 
certain  school  children  whose  hearing  is  defective). 

Sects.  30  and  31  added,  1943,  549  §  3,  under  caption  "Board  of  Col- 


Chaps,  70, 71.]  GENERAL   Laws.  909 

legiate  Authority"  (relative  to  approval  by  said  board  of  the  organiza- 
tion of  certain  educational  institutions  and  of  certain  amendments  to 
their  charters). 

Chapter  70.  —  School   Funds  and  Other  State  Aid  for  Public  Schools. 

Sect.  1A  added,  1941,  524  (relative  to  reimbursement  to  cities  and 
towns  for  certain  school  salaries). 

Sect.  2  amended,  1932,  127  §  5;   paragraph  (3)  revised,  1943,  12. 

Sect.  4,  last  paragraph  amended,  1934,  143. 

Sect.  6  amended,  1932,  127  §  6. 

Sect.  11,  paragraph  contained  in  lines  6-9  revised,  1943,  14;  para- 
graph (3)  revised,  1941,  532. 

Sect.  18  amended,  1932,  127  §  7. 


Chapter  71.  —  Public  Schools. 

Sect.  2  amended,  1938,  246  §  1. 

Sect.  7  amended,  1941,  590. 

Sect.  13A  added,  1938,  241  (requiring  the  teaching  of  the  Italian 
language  in  certain  public  high  schools  in  certain  cases). 

Sect.  13B  added,  1939,  311  (relative  to  the  teaching  of  modern  lan- 
guages in  certain  public  high  schools). 

Sect.  19  amended,  1939,  461  §  1. 

Sect.  30A  added,  1935,  370  §  1  (requiring  that  an  oath  or  affirma- 
tion be  taken  and  subscribed  to  by  certain  professors,  instructors  and 
teachers  in  the  colleges,  universities  and  schools  of  the  commonwealth). 
(See  1935.  370  §§  2,  2A,  3.) 

Sect.  34  revised,  1939,  294. 

Sects.  34A  and  34B  added,  1943,  547  (requiring  persons  operating  or 
maintaining  educational  institutions  to  furnish,  upon  request,  certain 
transcripts  of  records). 

Sects.  38A-38F  added,  1941,  676  §  2  (relative  to  occupational  guid- 
ance and  placement).     (See  1941,  646.) 

Sect.  40  amended,  1941,  507;   1943,  494. 

Sect.  42  revised,  1934,  123. 

Sect.  46  amended,  1941,  194  §  4. 

Sect.  46A  amended,  1932,  159. 

Sect.  47  revised,  1935,  199. 

Sect.  48A  amended,  1935,  47. 

Sect.  52  amended,  1932,  90. 

Sect.  54  amended,  1938,  265  §  1. 

Sect.  55  revised,  1938,  265  §  2. 

Sect,  55A  added,  1938,  265  §  3  (relative  to  the  disposition  of  children 
showing  signs  of  ill  health  or  of  being  infected  with  a  dangerous  disease). 

Sect.  56  revised,  1938,  265  §  4. 

Sect.  57  revised,  1943,  384. 

Sect.  58  amended,  1932,  127  §  8;  revised,  1935,  287. 

Sect.  66,  paragraph  added  at  end,  1937,  281. 

Sect.  68  revised,  1934,  97  §  1.     (See  1934,  97  §  2.) 

Sect.  69  revised,  1935,  258. 

Sect.  71  amended,  1935,  193, 


910  Changes  in  the  [Chaps.  72-74. 


Chapter  72.  —  School  Registers  and  Returns. 

Sect.  3,  paragraph  in  lines  6-10  revised,  1939,  461  §  2. 

Chapter  73.  —  State  Teachers  Colleges  (former  title,  State  Normal  Schools). 

Title  changed,  1932,  127  §  9. 

Sect.  1  amended,  1932,  127  §  10. 

Sect.  2  amended,  1932,  127  §  11. 

Sect.  2A  added,  1938,  246  §  2  (making  the  constitutions  of  the  United 
States  and  of  this  Commonwealth  required  subjects  of  instruction  in 
State  Teachers  Colleges). 

Sect.  3  amended,  1932,  127  §  12. 

Sect.  4  amended,  1932,  127  §  13. 

Sect.  4A  amended,  1932,  127  §  14. 

Sect.  5  amended,  1932,  127  §  15.  (Temporarily  affected  1933,  233; 
1934,  130;  1935,  277.) 

Sect.  6  amended,  1932,  127  §  16. 

Sect.  7  amended,  1932,  127  §  17;  revised,  1935,  21. 

Chapter  74.  —  Vocational  Education. 

Sect.  1  revised,  1938,  446  §  1:   amended,  1941,  617  §  1.     (See  1938, 

446  §  14.) 

Sect.  2  amended,  1938,  446  §  2.  (See  1938,  446  §  14.) 

Sect.  3  amended,  1938,  446  §  3.  (See  1938,  446  §  14.) 

Sect.  4  amended,  1938,  446  §  4.  (See  1938,  446  §  14.) 

Sect.  6  amended,  1938,  446  §  5.  (See  1938,  446  §  14.) 

Sect.  7  amended,  1938,  446  §  6.  (See  1938,  446  §  14.) 

Sect.  8A  revised,  1937,  323;  paragraph  added  at  end,  1939,  308. 

Sect.  9  amended,  1938,  446  §  7.  (See  1938,  446  §  14.) 

Sect.  11  amended,  1933,  102  §  2;  1941,  617  §  2.  (See  1933,  102  §  4.) 

Sect.  13  amended,  1938,  446  §  8.  (See  1938,  446  §  14.) 

Sect.  14  revised,  1943,  540. 

Sect.  14A  added,  1943,  540  (relative  to  federal  funds  for  vocational 

education). 

Sect.  19  revised,  1938,  446  §  9.     (See  1938,  446  §  14.) 

Sect.  21  amended,  1938,  446  §  10.     (See  1938,  446  §  14.) 

Sect.  22  amended,  1938,  446  §  11.     (See  1938,  446  §  14.) 

Sect.  22A  amended,  1938,  446  §  12.     (See  1938,  446  §  14.) 

Sect.  28  revised,  1939,  501  §  6. 

Sect.  30  amended,  1937,  41. 

Sect.  31 A  added,  1934,  65  (authorizing  the  trustees  of  the  Essex 

county  agricultural  school  to  pay  transportation  costs  of  certain  pupils 

attending  said  school);  amended,  1943,  42. 
Sect.  47E,  paragraph  added  at  end,  1935,  22. 
Sect.  49,  caption  preceding  section  changed,  1942,  1   §  3;    section 

amended,  1942,  1  §  5.    (See  1942,  1  §  9.) 

Sect.  53  revised,  1942,  1  §  6.     (See  1942,  1  §  9.) 


Chaps.  75-80.]  GENERAL   LaWS.  911 


Chapter  75.  —  Massachusetts  State  College. 

Sect.  5  revised,  1935,  288. 

Sect.  5A  added,  1939,  329  (authorizing  the  trustees  of  Massachusetts 
State  College  to  retain  and  manage  in  a  revolving  fund  receipts  from 
student  activities). 

Sect.  6  amended,  1935,  462  §  2.     (See  1935,  462  §  1.) 

Chapter  76.  —  School  Attendance. 

Sect.  1  revised,  1939,  461  §  3;  amended,  1941,  423 
Sects.  7-10.  See  1939,  454  §  21. 
Sect.  15  revised,  1938,  265  §  5. 

Chapter  77.  —  School  Offenders  and  County  Training  Schools. 

Sect.  1  revised,  1933,  295  §  1 ;  amended,  1943,  82. 

Chapter  78.  —  Libraries. 

Sect.  4  revised,  1935,  202. 

Chapter   79.  —  Eminent   Domain. 

Sect.  3,  first  paragraph  amended,  1938,  172  §  6;  two  sentences  added 
at  end  of  first  paragraph,  1943,  251  §  1.    (See  1943,  251  §  4.) 

Sect.  8  amended,  1936,  187  §  1 ;  sentence  inserted  after  second 
sentence,  1943,  251  §  2.    (See  1943,  251  §  4.) 

Sect.  9,  last  sentence  amended,  1938,  172  §  7. 

Sect.  15  repealed,  1936,  385  §  1.     fSee  1936,  385  §  2.) 

Sect.  16  amended,  1936,  187  §  2;  1938,  185;  revised,  1943,  95;  para- 
graph added  at  end,  1943,  251  §  3.    (See  1943,  251  §  4.) 

Sect.  44A  added,  1935,  189  (relative  to  certain  tax  liens  upon  real 
estate  taken  by  right  of  eminent  domain) ;   amended,  1936,  137. 

Chapter  80.  —  Betterments. 

Sect.  1  amended,  1933,  254  §  62.     (See  1933,  254  §  66.) 

Sect.  4  revised,  1933,  63  §  1. 

Sect.  5  amended,  1933,  157  §  2.     (See  1933,  157  §  3.) 

Sect.  10  revised,  1933,  147. 

Sect.  lOA  added,  1933,  157  §  1  (providing  that  failure  of  a  board  of 
oflacers  to  take  action  upon  a  petition  for  abatement  of  a  betterment 
assessment  shall,  for  the  purposes  of  appeal,  be  equivalent  to  refusal  to 
abate  the  assessment).     (See  1933,  157  §  3.) 

Sect.  12  revised,  1943,  252  §  1,  478  §  4. 

Sect.  13  amended,  1933,  63  §  2,  254  §  63;  revised,  1934,  315  §  1; 
last  sentence  stricken  out  and  new  paragraph  added,  1938,  489  §  1; 
first  sentence  of  section  amended,  1941,  595.  (See  1933,  254  §  66;  1934, 
315  §3;  1941,724.) 

Sect.  13A  added,  1943,  252  §  2  (relative  to  the  time  within  which 
certain  betterment  and  other  assessments  on  unimproved  land  shall  be 
paid.) 


912  Changes  in  the  [Chaps.  81-85. 


Chapter  81.  —  State  Highways. 

Sect.  5  revised,  1937,  218  §  1. 

Sect.  7A  added,  1937,  344  (granting  certain  powers  to  the  depart- 
ment of  public  works  with  respect  to  certain  ways  connecting  with 
state  highways). 

Sect.  7B  added,  1941,  519  (giving  the  department  of  pubhc  works 
the  power  to  take  a  slope  easement,  so  called,  in  certain  cases). 

Sect.  7C  added,  1943,  397  (relative  to  lunited  access  ways). 

Sect.  8  revised,  1936,  371;  amended,  1937,  218  §  2. 

Sect.  13A  added,  1936,  342  (authorizing  the  department  of  public 
works  to  accept  in  behalf  of  the  commonwealth  gifts  of  certain  ease- 
ments for  the  purpose  of  landscaping  along  state  highways,  and  to  do 
such  landscaping). 

Sect.  19,  last  four  sentences  stricken  out,  1933,  187  §  1.  (See  1933, 
187  §  2.) 

Sect.  26  amended,  1934,  366. 

Sect.  27  amended,  1939,  224. 

Sect.  29 A  added,  1943,  416  (authorizing  the  department  of  public 
works  to  lay  out  and  alter  ways  other  than  state  highways  and  facilitat- 
ing the  securing  of  federal  aid  in  connection  therewith). 


Chapter  82.  —  The  Laying  Out,  Alteration,  Relocation  and  Discontinuance 
of  Public  Ways,  and  Specific  Repairs  Thereon. 

Sect.  7  amended,  1933,  283  §  2. 

Sect.  32B  added,  1933,  283  §  3  (authorizing  the  taking  of  easements 
of  slope,  so  called,  by  county,  city  or  town  officers  in  connection  with 
the  laying  out,  widening,  altering  or  relocating  of  public  ways). 

Sect.  34  amended,  1935,  309;  1941,  533. 

Chapter  83.  —  Sewers,  Drains  and  Sidewalks. 

Sect.  19  revised,  1943,  252  §  4.    (See  1943," 252  §  6.) 

Sect.  27,  last  sentence  revised,  1943,  252  §  5. 

Sect.  29  added,  1943,  252  §  3  (relative  to  the  continuance  of  liens 
created  under  special  acts  in  connection  with  certain  betterment  and 
other  assessments). 

Chapter  84.  —  Repair  of  Ways  and  Bridges. 

Sect.  18  revised,  1933,  114  §  1. 

Sect.  19  amended,  1933,  114  §  2. 

Sect.  20  revised,  1933,  114  §  3;  amended,  1939,  147. 

Sect.  25.     Temporarily  affected,  1934,  163. 

Chapter    85.  —  Regulations    and    By-Laws    relative    to    Ways    and    Bridges. 

Sect.  2A  added,  1941,  346  §  2  (authorizing  the  department  of  public 
works  to  remove  vehicles  from  state  highways  when  said  vehicles  inter- 
fere with  the  removal  of  snow  and  ice). 

Sect.  IIA  added,  1941,  710  §  1  (relative  to  the  registration  and  opera- 
tion of  certain  bicycles). 


Chaps.  87-90.]  GENERAL   LaWS.  913 

Sects.  12-14  repealed,  1941,  710  §  2. 

Sect.  14B  added,  1938,  432  (requiring  the  use  of  certain  signal  lights 
at  locations  on  unlighted  ways  where  certain  vehicles  are  disabled). 

Sect.  17B  added,  1933,  43  (prohibiting  riding  upon  the  rear  or  on 
the  side  of  street  railway  cars  or  motor  buses  without  the  consent  of 
the  persons  in  charge  thereof);  revised,  1943,  322  §  2. 

Sect.  30  amended,  1935,  30;  1938,  171  §  1. 

Sect.  31  revised,  1938,  171  §  2. 

Chapter  87.  —  Shade  Trees. 

Sect,  5  amended,  1941,  490  §  18. 

Chapter  89,  —  Law  of  the   Road, 

Sect.  2  revised,  1933,  301. 
Sect.  5  amended,  1936,  49.     (See  1938,  149.) 

Sect.  7B  added,  1934,  382  (relative  to  the  application  of  traffic  laws 
and  regulations  to  fire  apparatus  and  other  emergency  vehicles). 


Chapter  90.  —  Motor  Vehicles  and  Aircraft. 

Sect.  1,  paragraph  (defining  "heavy  duty  platform  trailer")  added, 
1939,  354  §  1;  same  paragraph  amended,  1941,  30;  paragraph  (defining 
"motor  vehicles")  amended,  1932,  182;  1938,  36;  paragraph  in  lines 
41-45  (defining  "register  number")  revised,  1935,  43;  two  paragraphs 
(defining  "semi-trailer"  and  "semi-trailer  unit")  added,  1933,  332  §  1; 
paragraph  (defining  "school  bus")  added,  1932;  271  §  1;  paragraph  in 
lines  52-56  stricken  out,  and  two  paragraphs  (defining  "tractor"  and 
"trailer")  inserted,  1933,  332  §  2;  paragraph  (defining  "trailer"^ 
amended,  1939,  354  §  2.    (See  1932,  271  §  7;   1933,  332  §  5.) 

Sect.  1A  amended,  1933,  372  §  3;   1934,  264  §  2. 

Sect.  2,  fourth  paragraph  revised,  1932,  5;  seventh  paragraph  re- 
vised, 1939,  436  §  1;  last  paragraph  revised,  1933,  54. 

Sect.  3,  first  sentence  revised,  1933,  188;  section  revised,  1939,  325; 
paragraph  added  at  end,  1941,  282. 

Sect.  3C  revised,  1937,  387. 

Sect.  5A  added,  1943,  409  §  2  (relative  to  the  use  of  a  general  dis- 
tinguishing mark  or  number  on  all  motor  vehicles  under  the  control  of 
the  militarj^  forces) . 

Sect.  6,  first  sentence  revised,  1939,  436  §  2. 

Sect.  7  amended,  1932,  123  §  1;  1933,  51;  second  sentence  amended, 
1933,  109;  sentence  added  after  fourth  sentence,  1939,  153;  paragraph 
added  at  end  of  section,  1941,  443.     (See  1932,  123  §  2.) 

Sect.  7A  revised,  1932,  41,  271  §  2.     (See  1932,  271  §  7.) 

Sect.  7B  added,  1932,  271  §  3  (prerequisites  to  operation  of  school 
bus).     (See  1932,  271  §  7.) 

Sect.  8  amended,  1934,  103;   1937,  284. 

Sect.  9  amended,  1934,  361;   1941,  283. 

Sect.  9A  revised,  1932,  168  §  1;  1935,  393  §  1.  (See  1932,  168 
§§2,3;   1935,393  §2.) 

Sect.  10  amended,  1935,  219. 

Sect.  14  amended,  1938,  166. 


914  Changes  in  the  [Chap.  90. 

Sect.  15  amended,  1932,  271  §  5;   1933,  26  §  1.    (See  1932,  271  §  7.) 

Sect.  17,  sentence  added  at  end,  1932,  271  §  4.    (See  1932,  271  §  7.) 

Sect.  19,  last  sentence  revised,  1933,  332  §  3;  1935,  223  §  1;  section 
revised,  1935,  326  (but  see  1935,  465);  amended,  1936,  388  §  1;  revised, 
1941,  314.  (See  1933,  332  §  5;  1935,  223  §  2;  1936,  388  §  2.)  Affected 
by  1941,  589. 

Sect.  20A  added,  1934,  368  §  1  (providing  for  the  non-criminal  dispo- 
sition of  charges  for  violation  of  motor  vehicle  parking  rules,  regulations, 
orders,  ordinances  and  by-laws);  revised,  1935,  176;  first  paragraph 
revised,  1938,  201.    (See  1934,  368  §  2.) 

Sect.  21  amended,  1936,  406. 

Sect.  22,  two  paragraphs  added  at  end,  1933,  191;  first  sentence  (as 
appearing  in  1933,  191)  amended,  1941,  312. 

Sect.  22A  added,  1932,  304  §  1  (requiring  the  suspension  of  licenses 
to  operate  motor  vehicles  issued  to  persons  who  do  not  satisfy  judg- 
ments in  motor  vehicle  accident  cases  involving  property  damage). 
(See  1932,  304  §  2.) 

Sect.  23,  new  paragraph  added  at  end,  1933,  69. 

Sect.  24  amended,  1932,  26  §  1;  first  sentence  amended,  1936,  182 
§  1;  sentence  contained  in  hues  65-97  amended,  1935,  360;  paragraph 
added  at  end,  1936,  182  §  2;  section  revised,  1936,  434  §  1;  paragraph 
(1)  (a)  amended,  1938,  145;  paragraph  (1)  (c)  revised,  1939,  82;  para- 
graph (2)  (a)  amended,  1937,  230  §  1 ;  paragraph  (2)  (c)  amended,  1937, 
117.     (See  1937,  230  §2.) 

Sect.  29;  last  sentence  amended,  1932,  26  §  2;  section  amended, 
1935,  477  §  1;  second  sentence  revised,  1936,  391;  last  two  sentences 
revised,  1938,  146. 

Sect.  32B  repealed,  1934,  209  §  2.     (See  1934,  209  §  3.) 

Sects.  32C-32F  added,  1934,  209  §  1  (further  regulating  the  business 
of  leasing  motor  vehicles  upon  a  mileage  basis).    (See  1934,  209  §  3.) 

Sect.  33,  first  four  paragraphs  stricken  out,  and  five  new  paragraphs 
inserted,  1932,  249  §  1 ;  fourth  paragraph  (as  appearing  in  1932,  249  §  1) 
amended,  1933,  183  §  1;  paragraph  in  lines  21-41  amended,  1932,  180 
§  12;  same  paragraph  stricken  out,  and  two  paragraphs  inserted,  1933, 
332  §  4;  two  paragraphs  so  inserted  stricken  out,  and  new  paragraph 
inserted,  1935,  409  §  1;  the  paragraph  so  inserted  amended,  1936,  380 
§  1 ;  subdivisions  (2)  and  (3)  of  the  paragraph  so  inserted  revised,  1937, 
377;  subdivision  (3)  of  said  paragraph  amended,  1938,  430;  subdivi- 
sion (4)  of  said  paragraph  amended;  1939,  354  §  3;  subdivision  (6)  of 
said  paragraph  amended,  1939,  354  §  4;  last  paragraph  amended,  1936, 
401.  (See  1932,  249  §  2;  1933,  183  §  2,  332  §  5;  1935,  409  §  2;  1936, 
380  §  2.) 

Sect.  34,  four  words  stricken  out,  1933,  197  §  3;  first  paragraph 
amended,  1934,  364  §  1 ;  section  revised,  1943,  427  §  2.  (See  1934,  364 
§3.) 

Sect.  34A,  new  paragraph  (defining  "guest  occupant")  added,  1935, 
459  §  1;  paragraphs  defining  "motor  vehicle  liability  bond"  and  "motor 
vehicle  liability  pohcy"  revised,  1935,  459  §  2.    (See  1935,  459  §  5.) 

Sect.  34B,  second  paragraph  revised,  1933,  83  §  1;  1935,  302;  fourth 
paragraph  revised,  1933,  83  §  2.     (See  1933,  83  §  3.) 

Sect.  34C  amended,  1932,  180  §  13. 

Sect.  34D  revised,  1935,  459  §  3.     (See  1935,  459  §  5.) 


Chaps.  91, 92.]  GENERAL   LaWS.  915 

Sect.  34H,  first  paragraph  amended,  1933,  119  §  4;   new  paragraph 
inserted,  1933,  119  §  5.     (See  1933,  119  §  6.) 
Sect.  53,  last  sentence  amended,  1932,  180  §  14. 

Sects.  35-60  stricken  out,  and  new  sections  35-50  (uniform  aeronautical 
code)  inserted,  1935,  418  §  2.     (See  also  below.) 

Sect.  36  revised,  1938,  417  §  1. 

Sect.  37  revised,  1938,  417  §  2. 

Sect.  38  revised,  1938,  417  §  3. 

Sect.  39  revised,  1938,  417  §  4. 

Sect.  40  revised,  1938,  4lt  §  5. 

Sect.  41  revised,  1938,  417  §  6. 

Sect.  42  revised,  1938,  417  §  7. 

Sect.  43  revised,  1938,  417  §  8. 

Sect.  43A  added,  1938,  417  §  9  (relative  to  the  powers  and  duties  of 
police  and  certain  other  officers  as  to  aircraft  accidents  and  violations 
of  the  laws,  rules  and  reg^alations  relative  to  aircraft). 

Sect.  44  revised,  1938,  417  §  10. 

Sect.  45  revised,  1938,  417  §  11. 

Sect.  46  revised,  1938,  417  §  12. 

Sects.  35-43  and  44-50,  inc.  (inserted  by  1935,  418  §  2,  as  amended)  and 
sect.  43A  (inserted  by  1938,  417  §  9)  stricken  out  and  new  sections  35-52 
inserted,  1939,  393  §  3  (further  revising  the  laws  relative  to  aviation).  (See 
1939,  393  §§  4-6.) 

Sect.  35,  paragraph  defining  "Airport"  amended,  1941,  537  §  1; 
paragraph  inserted  after  said  paragraph,  1941,  537  §  2;  paragraph  de- 
fining "Landing  field"  amended,  1941,  537  §  3;  two  paragraphs  added 
at  end,  1941,  537  §  4. 

Sect.  39,  first  paragraph  revised,  1941,  695  §  13. 

Sects.  40A-40I  inserted,  1941,  537  §  5  (relative  to  protecting  the 
approaches  to  publicly  owned  airports). 

Sect.  42  amended,  1941,  537  §  6. 

Sect.  44  amended,  1941,  537  §  7. 

Sect.  45  amended,  1941,  537  §  8. 

Chapter  91.  —  Waterways. 

Sect.  6.     See  1941,  695  §  15. 

Sect.  9A  added,  1938,  407  §  2  (providing  a  method  for  the  develop- 
ment of  waterfront  terminal  facilities). 

Sect.  12A  added,  1939,  513  §  6  (licensing  and  otherwise  regulating 
structures,  filling  and  excavations  in  certain  rivers  and  streams). 

Sect.  27,  paragraph  added  at  end,  1937,  372  §  2. 

Sect.  46A  added,  1935,  362  §  1  (penalizing  the  unlicensed  breaking 
up  or  altering  of  vessels,  scows,  lighters  or  certain  other  structures). 

Sect.  49  revised,  1935,  362  §  2. 

Chapter  92.  —  Metropolitan  Sewers,   Water  and   Parks. 

For  legislation  including  a  certain  portion  of  Lexington  in  the  north 
metropolitan  sewerage  system,  see  1934,  225. 
Sect.  10  revised,  1943,  543  §  1.     (See  1943,  543  §§  lA,  3.) 
Sect.  26,  first  paragraph  revised,  1943,  543  §  2. 
Sect.  48  amended,  1934,  266  §  1.     (See  1934,  266  §  4.) 


916  Changes  in  the  [Chap.  93. 

Sect.  56  revised,  1933,  197  §  1;  sentence  added  at  end,  1939,  429 
§  1.     (See  1939,  429  §§  2,  4.) 

Sect.  57  amended,  1933,  197  §  2. 

Sect.  60  revised,  1939,  429  §  3.     (See  1939,  429  §  4.) 

Sect.  60A  added,  1937,  352  §  1  (regulating  the  making  and  award- 
ing of  certain  contracts  by  the  metropohtan  district  commission  and 
metropohtan  district  water  supply  commission) ;  repealed,  1941,  547  §  2. 
(See  1937,  352  §  2;  1941,  547  §  1.) 

Sect.  62  revised,  1938,  396;  amended,.  1941,  658  §  1.  (See  1941, 
658  §  2.) 

Sect.  62A  added,  1937,  416  §  1  (providing  for  a  reserve  police  force 
for  the  metropolitan  district  commission);  revised,  1939,  441  §  1.  (See 
1937,  416  §  5;  1939,  441  §§  3,  5.) 

Sect.  63  repealed,  1937,  416  §  2.    (See  1937,  416  §  5;   1939,  441  §  3.) 

Sect.  93  amended,  1934,  266  §  2.     (See  1934,  266  §  4.) 

Sect.  94  amended,  1934,  266  §  3.     (See  1934,  266  §  4.) 

Sect.  100  revised,  1939,  499  §  7. 


Chapter  93.  —  Regulation  of  Trade  and  Certain  Enterprises. 

Sect.  8,  sentence  added  at  end,  1938,  410  §  2. 

Sects.  14A-14D  added,  under  heading  "fair  trade",  1937,  398 
(protecting  trade  mark  owners,  distributors  and  the  public  against  in- 
jurious and  uneconomic  practices  in  the  distribution  of  articles  of 
standard  quality  under  a  trade  mark,  brand  or  name). 

Sect.  14A  amended,  1939,  231. 

Sect.  14B  amended,  1939,  313. 

Sect.  14C  revised,  1943,  40. 

Sects.  14E-14K  added,  under  heading  "unfair  sales",  1938,  410 
§  1  (defining  and  prohibiting  unfair  sales  practices,  with  a  view  to 
preventing  the  advertising  or  offering  for  sale,  or  the  selling  below  cost, 
of  merchandise  for  the  purpose  of  injuring  competitors  or  destroying 
competition).     (See  1941,  715.) 

Sect.  14E  paragraphs  (a)  and  (b)  amended,  1939,  189  §  1;  paragraph 
(h)  added  at  end,  1939,  189  §  2. 

Sect.  14F  revised,  1941,  494. 

Caption  immediately  preceding  section  21  amended,  1939,  343  §  3. 

Sect.  21  amended,  1939,  343  §  1;  1941,  583  §  1. 

Sects.  21A-21D  added,  1941,  583  §  2  (defining  and  further  regulating 
private  trade  schools). 

Sect.  22  amended,  1939,  343  §  2;  1941,  583  §  3. 

Sects.  28A-28D  added,  under  heading  "regulating  closing  out 
sales,  so  called,  and  similar  types  of  sales",  1938,  165. 

Sect.  28 A  revised,  1939,  207. 

Sect.  34.  For  temporary  act  to  enable  savings  banks  and  certain 
other  banking  institutions  to  co-operate  in  the  distribution  of  United 
States  defense  savings  bonds  and  defense  postal  savings  stamps,  see 
1941,  221,  575. 


Chap.  94.]  GENERAL   LaWS.  917 


Chapter   94.  —  Inspection   and   Sale  of   Food,   Drugs  and   Various  Articles. 

Sect.  1,  paragraph  in  lines  128-132  (defining  "pasteurized  milk") 
revised,  1932,  158;  section  amended  in  part,  1933,  67  §§  1-5;  para- 
graph (defining  "milk  plant"  and  "manufactory")  added,  1933,  338 
§  1;  paragraph  in  lines  30-36  (defining  "butter"  and  "cheese")  stricken 
out  and  new  paragraph  defining  "butter"  inserted,  1937,  335  §  1;  para- 
graph in  line  40  reading,  "cheese",  see  "butter",  stricken  out  and 
four  new  paragraphs  inserted,  1937,  335  §  2  (defining  cheese  and  cream 
cheese);  paragraph  (defining  "bakery")  amended,  1937,  362  §  1;  para- 
graphs in  lines  148-164  (defining  "agricultural  seeds"  or  "agricultural 
seed",  "noxious  weed  seeds"  and  "weed  seeds")  revised  and  definition 
of  "vegetable  seeds"  added,  1938,  363  §  1;  paragraph  in  lines  177-181 
revised,  1939,  196  §  1.     (See  1937,  362  §  7.) 

Sect.  6  amended,  1937,  362  §  2.     (See  1937,  362  §  7.) 

Sect.  7  amended,  1941,  490  §  19. 

Sect.  8  revised,  1937,  53. 

Sect.  9  amended,  1939,  261  §  6. 

Sects.  9A-9M  added,  1937,  362  §  3  (changing  the  position  in  the 
General  Laws  of  certain  provisions  of  law  relative  to  bakeries).  (For 
prior  legislation,  see  G.  L.  chap.  Ill  §§  34-43,  46-49,  repealed  by 
1937,  362  §  6.)     (See  1937,  362  §§  6,  7.) 

Sect.  10  amended,  1937,  362  §  4.     (See  1937,  362  §  7.) 

Sects.  lOA-lOE  stricken  out,  and  new  sections  lOA-lOG  (regulating 
the  manufacture,  bottling  and  sale  of  certain  non-alcoholic  beverages) 
inserted,  1935,  441. 

Sect.  lOF  amended,  1941,  119. 

Sects.  12-48A.  For  temporary  legislation  establishing  within  the 
department  of  agriculture  a  milk  control  board,  and  defining  its  powers 
and  duties,  see  note  to  G.  L.  chapter  94A,  inserted  by  1941,  691  §  2. 

Sects.  13,  14,  14A  and  15  stricken  out,  and  new  sections  13-13E 
(relative  to  the  grading  of  milk)  inserted,  1933,  263  §  1.  (See  1933, 
263  §  3.) 

Sect.  16  stricken  out  and  sections  16-161  (regulating  the  production, 
sale  and  distribution  of  milk)  inserted,  1932,  305  §  3.  (See  1932,  305 
§§  5,  6.) 

Sect.  16C  amended,  1941,  374. 

Sect.  17A  amended,  1933,  124. 

Sect.  18  revised,  1933,  263  §  2.     (See  1933,  263  §  3.) 

Sect.  20  revised,  1939,  212. 

Sect.  29A  revised,  1933,  253. 

Sect.  30  revised,  1933,  253. 

Sect.  31  revised,  1933,  253. 

Sect.  40  amended,  1941,  298. 

Sect.  42A  stricken  out,  and  new  sections  42A-42K  (requiring  dealers 
in  milk  or  cream  to  be  licensed  and  bonded)  inserted,  1933,  338  §  2; 
affected,  1939,  421. 

Sect.  42A  amended,  1935,  126. 

Sect.  42F  revised,  1934,  180  §  1. 

Sect.  42H,  paragraph  2  revised,  1934,  180  §  2. 

Sect.  43  revised,  1932,  305  §  4;  amended,  1935,  88;  first  paragraph 
amended,  1936,  210.     (See  1932,  305  §§  5,  6.) 


918  Changes  in  the  [Chap.  94. 

Sect.  45  revised,  1935,  317. 

Sect.  48B  added,  1935,  259  (requiring  institutions  supported  wholly 
or  in  part  by  funds  of  the  commonwealth  to  use  milk,  other  than 
cream  and  certified  milk,  produced  within  the  commonwealth). 

Sect.  48C  added,  1939,  317  (regulating  the  manufacture,  sale  and 
delivery  of  certain  milk  beverages,  so  called). 

Sect.  50  amended,  1937,  335  §  3. 

Sect.  60  revised,  1934,  373  §  2. 

Sect.  61A  added,  1937,  335  §  4  (relative  to  the  manufacture  and 
sale  of  certain  cheese). 

Sects.  64,  64A,  65,  65A,  65B,  65E  and  65F,  and  the  caption  of  said 
section  64,  stricken  out,  and  sections  65G-65S  inserted,  under  caption 
"frozen  desserts  and  ice  cream  mix",  1934,  373  §  1.  (See  1934,  373 
§8.) 

Sect.  65J,  second  paragraph  revised,  1937,  341  §  1. 

Sect.  65L,  subdivision  (c)  amended,  1937,  341  §  2. 

Sect.  65P,  paragraph  (/)  added  at  end,  1937,  341  §  3. 

Sect.  74  revised,  1933,  329  §  5;  repealed,  1941,  598  §  2. 

Sect.  74A  added,  1933,  329  §  6  (definition  of  "fish");  repealed,  1941, 
598  §  2. 

Sects.  75  and  76  repealed,  1933,  329  §  7. 

Sect.  77,  first  sentence  stricken  out,  1933,  329  §  8;  repealed,  1941, 
598  §  2. 

Sect.  77A  added,  1934,  216  (regulating  the  importation  of  fresh 
swordfish). 

Sect.  78  revised,  1933,  329  §  9;  repealed,  1.941,  598  §  2. 

Sect.  78A  added,  1933,  329  §  10  (prohibiting  certain  misrepresen- 
tations in  the  sale  of  lobsters);  repealed,  1941,  598  §  2. 

Sect.  79  repealed,  1933,  329  §  7. 

Sect.  80  repealed,  1941,  598  §  2. 

Sect.  81  revised,  1933,  329  §  11;  1939,  491  §  10;  repealed,  1941, 
598  §  2.    (See  1939,  491  §  12.) 

Sect.  82  repealed,  1941,  598  §  2. 

Sect.  83  revised,  1933,  329  §  12;  repealed,  1941,  598  §  2. 

Sect.  85  amended,  1939,  261  §  7. 

Sect.  88A  revised,  1933,  329  §  13;  repealed,  1941,  598  §  2. 

Sect.  88B  added,  1936,  176  (requiring  that  shucked  scallops  and 
quahaugs  in  the  shell  be  sold  only  by  weight). 

Sect.  90A  added,  1935,  369  (relative  to  the  sale  and  distribution  of 
eggs). 

Sect.  90B  added,  1938,  404  (estabhshing  standard  sizes  in  connec- 
tion with  the  sale  and  distribution  of  eggs). 

Sect.  92B  added,  under  caption  "meats  and  poultry",  1935,  97 
(requiring  the  retail  sale  of  meats  and  poultry  to  be  by  weight). 

Sect.  98  amended,  1939,  261  §  8. 

Sect.  99A  amended,  1939,  261  §  9. 

Sect.  118  amended,  1943,  332  §  1. 

Sect.  119  amended,  1943,  332  §  2. 

Sect.  120  amended,  1943,  332  §  3. 

Sect.  120A  amended,  1943,  332  §  4. 

Sect.  123  amended,  1932,  180  §  15;   1943,  332  §  5. 

Sect.  124  revised,  1943,  508  §  1. 

Sect.  131  revised,  1943,  332  §  6. 


Chap.  94.]  GENERAL   LaWS.  919 

Sect.  133  amended,  1943,  332  §  7. 

Sect.  135  amended,  1943,  332  §  8. 

Sect.  138  amended,  1943,  508  §  2. 

Sect.  146,  first  paragraph  amended,  1934,  340  §  6;  1943,  508  §  3. 
(See  1934,  340  §  18.) 

Sect.  148,  second  paragraph  amended,  1934,  340  §  6A.     (See  1934, 
340  §  18.) 
•    Sect.  151  revised,  1943,  508  §  4. 

Sects.  152A-152C  added,  1934,  296  (relative  to  the  sale  and  trans- 
portation of  poultry). 

Sect.  152A  amended,  1935,  157  §  1. 

Sect.  152B  revised,  1935,  157  §  2. 

Sect.  153 A  added,  1933,  116  (relative  to  the  sale  of  meat  and  meat 
products  containing  certain  preservatives);  revised,  1933,  311. 

Sect.  172  revised,  1939,  122. 

Sect.  181  amended,  1939,  261  §  10. 

Sect.  182  amended,  1939,  261  §  11. 

Sect.  184  amended,  1939,  261  §  12. 

Sect.  185A  repealed,  1937,  341  §  4. 

Sect.  197,  paragraph  in  lines  10-15  revised,  1935,  412  §  1 ;  amended, 
1943,  305  §  1;  fourth  paragraph  revised,  1943,  305  §  2. 

Sect.  198  amended,  1935,  412  §  2. 

Sects.  198A  and  198B  added,  1935,  412  §  3  (relative  to  the  licensing 
of  certain  dealings  in  narcotic  drugs). 

Sect.  201  amended,  1935,  412  §  4. 

Sect.  203  amended,  1935,  412  §  5. 

Sect.  206  amended,  1935,  412  §  6. 

Sect.  211  amended,  1935,  412  §  7;  revised,  1938,  321  §  1. 

Sect.  212  amended,  1938,  321  §  2. 

Sect.  212A  added,  1938,  321  §  3  (providing  for  the  arrest  without 
a  warrant  and  punishment  of  a  person  present  where  a  narcotic  drug 
is  unlawfully  kept  or  deposited). 

Sect.  214  amended,  1935,  412  §  8;   1943,  357. 

Sect.  215  amended,  1935,  412  §  9. 

Sect.  217  amended,  1935,  412  §  10. 

Sect.  225,  paragraph  added  at  end,  1939,  69. 

Sect.  239A  amended,  1939,  261  §  13. 

Sect.  244  amended,  1941,  155  §  1. 

Sect.  245  revised,  1933,  94  §  2;  amended,  1939,  261  §  13 A;  revised, 
1941,  155  §  2. 

Sect.  246  revised,  1941,  155  §  4. 

Sect.  248  amended,  1934,  184;  1939,  261  §  14;  revised,  1943,  241  §  1. 

Sect.  249A  amended,  1939,  261  §  15. 

Sect.  249B  amended,  1939,  261  §  16. 

Sect.  249E  revised,  1943,  241  §  2. 

Sect.  249E3^  added,  1943,  241  §  3  (relative  to  the  allowable  amount 
of  non-combustible  residue  of  coal  and  coke). 

Sect.  249F  amended,  1939,  261  §  17;  1943,  241  §  4. 

Sect.  249G  added,  under  caption  "material  for  road  construc- 
tion", 1933,  94  §  1  (authorizing  certain  officers  to  direct  the  weighing 
of  material  for  road  construction) ;  amended,  1939,  261  §  17A;  repealed, 
1941,  155  §  3. 

Sect.  250  revised,  1933,  67  §  6. 


920  Changes  in  the  [Chap.  94. 

Sect.  252  amended,  1933,  67  §  7. 

Sect.  254  amended,  1933,  67  §  8. 

Sect.  255  amended,  1933,  67  §  9. 

Sect.  256  revised,  1933,  67  §  10. 

Sect.  257  revised,  1933,  67  §  11. 

Sect.  258  revised,  1933,  67  §  12. 

Sect.  261A  amended,  1938,  363  §  2. 

Sect.  261B  amended,  1938,  363  §  3. 

Sect.  261C  revised,  1938,  363  §  4. 

Sect.  261D  revised,  1938,  363  §  5. 

Sect.  261E,  paragraph  added  at  end,  1938,  363  §  6. 

Sects.  261H-261L  stricken  out,  and  new  sections  261H-261L  in- 
serted, 1937,  288  §  1.     (See  1937,  288  §  2.) 

Sect.  261H,  paragraph  added  at  end,  1938,  363  §  7. 

Sect.  261K  amended,  1938,  363  §  8. 

Sect.  261L  revised,  1938,  363  §  9. 

Sect.  270,  paragraph  added  at  end,  1937,  176. 

Sects.  270A  and  270B  added,  1935,  439  (providing  for  the  steriliza- 
tion of  feathers,  down  and  second-hand  material  intended  for  use  in 
the  manufacture  of  any  article  of  bedding  or  of  upholstered  furniture). 

Sect.  270C  added,  1939,  196  §  2  (relative  to  the  marking  of  certain 
articles  of  bedding  and  upholstered  furniture  consisting  in  whole  or  in 
part  of  second-hand  metal). 

Sect.  270D  added,  1939,  351  (further  regulating  the  sale  within  the 
commonwealth  of  articles  of  bedding  and  upholstered  furniture);  re- 
pealed, 1941,  57. 

Sect.  276  amended,  1939,  196  §  3. 

Sect.  277A  added,  1941,  422  (requiring  the  marking  or  labelling  of 
furs,  imitation  furs  and  articles  made  therefrom,  and  prohibiting  mis- 
representation in  such  marks  or  labels). 

Sect.  283  amended,  1939,  261  §  17B. 

Sect.  295A  added,  under  heading  "petroleum  products",  1933, 
228  (relative  to  prevention  of  fraud  and  misrepresentation  in  the  sale 
of  gasoline,  lubricating  oils  and  other  motor  fuels,  and  to  prevention 
of  the  adulteration  thereof). 

Sects.  295B  and  295C  added,  1938,  411  (prohibiting  and  penalizing 
the  use  of  misleading  signs  relating  to  the  price  of  gasoline  and  other 
motor  fuel). 

Sect.  295C  revised,  1939,  218. 

Sects.  295A-295C  stricken  out,  and  new  sections  295A-2950  in- 
serted, 1939,  459  §  1  (further  regulating  the  advertising  and  sale  of 
motor  fuel  at  retail).    (See  1939,  459  §  3.) 

Sect.  295G  revised,  1941,  311. 

Sect.  298  amended,  1934,  109  §  1. 

Sect.  299  amended,  1934,  109  §  2. 

Sects.  303A-303E  added,  under  caption  "methyl  or  wood  alco- 
hol", 1934,  372  §  3  (relative  to  such  alcohol  and  to  certain  preparations 
containing  such  alcohol). 

Sect.  303 A  amended,  1935,  342;   1936,  53. 

Sect.  303B  amended,  1937,  177  §  1. 

Sect.  303C  revised,  1937,  177  §  2. 


Chaps.  94A-99.]  GENERAL   LawS.  921 

Sect.  303F  added,  under  caption  "fuel  oils",  1935,  95  (regulating 
the  sale  of  fuel  oils). 

Sect.  305A  amended,  1937,  362  §  5.     (See  1937,  362  §  7.) 

Chapter  94A.  —  Milk  Control. 

New  chapter  inserted,  1941,  691  §  2.     (See  1941,  691  §§  3-6.) 

(For  prior  temporary  legislation  establishing  within  the  department 
of  agriculture  a  milk  control  board,  and  defining  its  powers  and  duties, 
see  1934,  376;  term  of  office  of  said  board  extended,  1936,  300;  1938, 
334;  1939,  413;  1941,  418  §  1;  631  §  1;  legislation  amended,  1937,  428; 
1938,279;  1939,302.) 

Sect.  12A  added,  1943,  445  (defining  the  powers  and  duties  of  the 
milk  control  board  in  case  of  a  failure  to  pay  the  official  minimum  price 
for  the  sale  or  delivery  of  milk) . 

Sect.  22  revised,  1943,  164. 

Sect.  22A  added,  1943,  147  (in  aid  of  the  construction  and  enforce- 
ment of  the  state  milk  control  law,  so  called). 

Chapter  95.  —  Measuring  of  Leather. 

Sect.  1  amended,  1939,  261  §  18. 

Chapter  97.  —  Surveying  of  Land. 

Sects.  8-13  added,  1941,  47  (defining  and  authorizing  the  use  of  a 
system  of  plane  co-ordinates  for  designating  and  stating  positions  of 
points  on  the  surface  of  the  earth  within  the  commonwealth). 

Chapter  98.  —  Weights  and   Measures. 

Sect.  1  amended,  1939,  261  §  19. 

Sect.  14A  amended,  1936,  73. 

Sect.  20  amended,  1934,  373  §  3. 

Sect.  21  amended,  1934,  373  §  4. 

Sect.  22  amended,  1939,  261  §  19A;  revised,  1941,  59. 

Sect.  30  repealed,  1935,  60  §  2. 

Sect.  32  amended,  1935,  60  §  3. 

Sect.  37  amended,  1936,  72. 

Sect.  41  amended,  1941,  462. 

Sect.  56,  paragraph  (63^)  added,  1934,  98  (establishing  fees  for  seal- 
ing certain  liquid-measuring  meters) ;  section  revised,  1937,  74 ;  para- 
graph (&3^)  added,  1937,  305  §  1.    (See  1937,  305  §  2.) 

Sect.  56A  added,  1941,  60  (relative  to  the  location  of  scales  and  other 
weighing  devices  used  in  weighing  food  sold  at  retail  by  weight). 

Chapter  99.  —  The  Metric  System  of  Weights  and   Measures. 

Sect.  1  amended,  1939,  261  §  20. 
Sect.  3  amended,  1939,  261  §  21. 
Sect.  4  amended,  1939,  261  §  22. 


922  Changes  in  the  [Chaps.  100-108A. 


Chapter   100.  —  Auctioneers. 

Sect.  1,  paragraph  added  at  end,  1936,  209  §  1. 

Sect.  2  revised,  1941,  81. 

Sect.  5  amended,  1932,  156  §  1. 

Sect.  14  revised,  1932,  156  §  2. 

Sect.  16  revised,  1932,  156  §  3. 

Sects.  18-21  added,  1936,  209  §  2  (relative  to  bankruptcy  auctions 
and  other  auctions  of  similar  type  and  relative  to  certain  fraudulent 
practices  at  auctions). 

Chapter  101.  —  Transient  Vendors,   Hawkers  and  Pedlers. 

Sect.  1,  second  paragraph  revised,  1936,  218;  section  amended,  1941, 
490  §  21.    * 

Sect.  3  amended,  1939,  261  §  23;  1941,  490  §  22. 

Sect.  5  amended,  1933,  254  §  64.     (See  1933,  254  §  66.) 

Sect.  6A  added,  1938,  85  (providing  that  applications  for  transient 
vendors'  licenses  shall  contain  irrevocable  power  of  attorney  for  service 
of  process,  and  providing  for  service  of  process  under  authoritv  thereof). 

Sect.  15  amended,  1937,  214;  revised,  1937,  333. 

Sect.  16  revised,  1935,  42;  amended,  1937,  130. 

Sect.  19  amended,  1934,  114;  1937,  73. 

Sect.  24  amended,  1936,  74. 

Sect.  27  amended,  1941,  490  §  23. 

Sect.  30  amended,  1934,  77. 

Sect.  32  amended,  1941,  490  §  24. 

Chapter   102.  —  Shipping  and  Seamen,   Harbors  and   Harbor   Masters. 

Sect.  15  revised,  1932,  232  §  1. 

Sect.  15A  added,  1932,  232  §  2  (penalty  for  improper  operation  of 
motor  and  other  boats). 
Sect.  17  revised,  1932,  57. 

Chapter  105.  —  Public  Warehouses. 

Sect.  1  amended,  1935,  310  §  1. 

Sects.  2A  and  2B  added,  1935,  122  §  1  (relative  to  the  termination 
of  liability  of  sureties  on  bonds  furnished  by  public  warehousemen). 
(See  1935,  122  §  3.) 

Sect.  6  revised,  1935,  122  §  2.     (See  1935,  122  §  3.) 

Sect.  9,  clause  (h)  revised,  1935,  310  §  2. 

Chapter   107.  —  Money  and   Negotiable   Instruments. 

Sect.  31  amended,  1941,  215. 

Chapter   108A.  — -  Partnerships. 

Sect.  34,  first  paragraph  amended,  1932,  180  §  16. 


Chaps.  110-111.]  GENERAL   LaWS.  923 


Chapter  110.  —  Labels,  Trade  Marks,  Names  and  Registration  Thereof. 

Sect.  21  amended,  1934,  373  §  5. 


Chapter  llOA.  —  Promotion  and  Sale  of  Securities. 

Chapter  stricken  out  and  new  chapter  inserted,  1932,  290  §  1.  (See  1932, 
290   §§  3,  4.) 

The  following  references  are  to  the  new  chapter  llOA: 

Sect,  2,  paragraph  (a)  revised,  1939,  442  §  4 ;  paragraph  (c)  amended, 
1936,  316;   1938,  445  §  2;  paragraph  (/)  revised,  1938,  445  §  3. 

Sect.  4,  paragraph  (g)  revised,  1938,  445  §  4;  paragraph  (j)  added, 
1938,  445  §  5. 

Sect.  5,  paragraph  inserted  before  the  last  paragraph,  1938,  445  §  6. 

Sect.  9,  last  sentence  stricken  out,  1938,  445  §  7. 

Sect.  10,  fourth  sentence  stricken  out  and  two  new  sentences  inserted, 
1938,  445  §  8. 

'  Sect.  11 A  added,  1938,  445  §  9  (regulating  the  sale  by  a  corporation 
of  its  securities  to  emplovees).  [For  prior  legislation,  see  General  Laws, 
chapter  155  §  23A,  repealed  by  1938,  445  §  13.] 

Sect.  12  revised,  1938,  445  §  10;  last  paragraph  amended,  1939, 
442  §  5. 

Sect.  12A  added,  1938,  445  §  11  (relative  to  the  modifying  or  annul- 
ling by  the  commission  of  orders  or  findings  made  by  the  director  of  the 
securities  division  and  to  review  of  such  action) ;  repealed,  1939,  442  §  6. 

Sect.  13  amended,  1936,  68. 

Sect.  18  revised,  1938,  445  §  12. 


Chapter  111.  —  Public  Health. 

Sect.  1,  paragraph  added  at  end,  1938,  265  §  6. 

Sect.  5,  paragraph  added  at  end,  1941,  388. 

Sect.  5A  added,  1941,  612  (relative  to  the  preparation  and  distribu- 
tion by  the  department  of  public  health  of  products  applicable  to  the 
prevention  or  cure  of  diseases  of  man). 

Sect.  6  revised,  1938,  265  §  7. 

Sect.  11  revised,  1934,  328  §  1. 

Sect.  12  revised,  1943,  331  §  1. 

Sect.  13,  last  sentence  revised,  1943,  331  §  2. 

Sect.  15  amended,  1934,  340  §  7.     (See  1934,  340  §  18.) 

Sect.  16  amended,  1934,  340  §  8.     (See  1934,  340  §  18.) 

Sect.  17  amended,  1937,  340. 

Sect.  24  amended,  1937,  365;  revised,  1939,  234. 

Sect.  27 A  revised,  1932,  209. 

Sect.  31  amended,  1937,  285. 

Sect.  31 A  stricken  out,  and  new  sections  31 A  and  3  IB  inserted,  1937, 
282. 

Sects.  34-43  and  46-49,  and  the  caption  preceding  section  34, 
repealed,  1937,  362  §  6.     (See  1937,  362  §§  1-5,  7.) 

Sect.  51  revised,  1943,  16  §  1. 

Sect.  53  amended,  1943,  16  §  2. 

Sect.  54  amended,  1943,  16  §  3. 


924  Changes  in  the  [Chap.  in. 

Sect.  57A  added,  1943,  436  §  1  (permitting  the  department  of  public 
health  to  establish  and  maintain  cancer  clinics).    (See  1943,  436  §  2.) 

Sect.  65A  amended,  1936,  346  §  1;   1941,  506.    (See  1936,  346  §  2.) 

Sect.  66  amended,  1934,  219.     (See  1936,  346  §  2.) 

Sect.  66A  added,  1937,  392  (permitting  the  admission  to  state  sana- 
toria and  county  tuberculosis  hospitals,  for  purposes  of  diagnosis  and 
observation,  of  certain  patients  with  diseases  of  the  lungs  other  than 
recognizable  tuberculosis). 

Sects.  67A-67D  added,  under  caption  "care  of  certain  infants 
prematurely  born",  1937,  332. 

Sect.  67A  revised,  1939,  246  §  1. 

Sect.  67C  revised,  1939,  246  §  2. 

Sect.  69 A  amended,  1936,  337  §  1. 

Sect.  69C  amended,  1936,  337  §  2. 

Sect.  70  amended,  1941,  194  §  5,  389  §  1. 

Sects.  71-73  stricken  out,  and  sections  71-72A  and  73  inserted,  1941, 
661  §  1.     (See  1941,  661  §  2.) 

Sect,  74  amended,  1941,  72. 

Sects.  78-90  affected  (as  to  district  of  Chelsea,  Revere  and  Win- 
throp),  1934,  78. 

Sect.  78.     See  1935,  52. 

Sect.  79  revised,  1936,  343. 

Sect.  83A  added,  1933,  318  §  6  (relative  to  the  indemnification  or 
protection  of  officers  and  employees  of  tuberculosis  hospital  districts 
in  connection  with  actions  for  personal  injuries  arising  out  of  the 
operation  of  vehicles  owned  by  such  districts);  amended,  1934,  291 
§  5.    (See  1933,  318  §  9;   1934,  291  §  6.) 

Sect.  85,  first  sentence  revised,  1943,  414  §  1;  section  revised,  1943, 
500  §  1.    (See  1943,  500  §  3.) 

Sect.  85A  revised,  1932,  65. 

Sect.  88  revised,  1943,  500  §  2.    (See  1943,  500  §  3.) 

Sect.  88A  added,  1943,  500  §  2  (relative  to  charges  for  the  support 
of  patients  in  county  tuberculosis  hospitals).     (See  1943,  500  §  3.) 

Sect.  96  revised,  1938,  265  §  8. 

Sect.  96A  added,  1938,  265  §  9  (regulating  the  transportation  to 
another  town  of  a  person  infected  with  a  disease  dangerous  to  public 
health). 

Sect.  97  revised,  1938,  265  §  10. 

Sect.  104  revised,  1938,  265  §  11. 

Sect.  107  revised,  1938,  265  §  12. 

Sect.  109  revised,  1938,  265  §  13. 

Sect.  109 A  added,  1936,  115  (relative  to  the  treatment  of  infants' 
eyes  at  time  of  birth) ;  amended,  1943,  46. 

Sect.  110,  second  sentence  amended,  1932,  180  §  17. 

Sect.  HI  revised,  1938,  265  §  14. 

Sect.  112  amended,  1938,  265  §  15. 

Sect.  113  revised,  1938,  265  §  16. 

Sect.  116,  sentence  in  Hnes  24-32  amended,  1943,  275  §  1. 

Sect.  116A  added,  under  caption  "chronic  rheumatism",  1937,  393 
(providing  for  the  hospitalization  of  patients  with  chronic  rheumatism). 

Sect.  117  revised,  1935,  155;   1937,  391. 

Sect.  118  amended,  1933,  44. 


Chap.  112]  GENERAL   LawS.  925 

Sect.  121A  added,  1939,  407  (requiring  a  serological  test  for  syphilis 
of  pregnant  women). 

Sect.  127  revised,  1937,  339. 

Sect.  128,  two  paragraphs  added  at  end,  1943,  468. 

Sect.  141  revised,  1937,  278. 

Sect.  143  revised,  1933,  269  §  2. 

Sect.  151  amended,  1943,  332  §  9. 

Sect.  154  amended,  1934,  340  §  9.     (See  1934,  340  §  18.) 

Sect.  173A  added,  1938,  293  (extending  the  jurisdiction  of  certain 
police  officers  employed  to  protect  public  sources  of  water  supply  from 
pollution). 

Sect.  173B  added,  1943,  84  (authorizing  water  commissioners  and 
others  to  enter  premises  within  the  watersheds  of  certain  sources  of 
supply). 

Sect.  175  revised,  1941,  353. 

Sects.  176-180  repealed,  1938,  265  §  17. 

Sect.  184A  added,  1939,  344  (authorizing  the  state  department  of 
public  health  to  issue  certificates  of  approval  relative  to  bacteriological 
laboratories). 


Chapter   112.  —  Registration   of   Certain   Professions  and   Occupations. 

Sect.  2,  second  sentence  revised,  1933,  171  §  1,  1936,  247  §  1;   three 
paragraphs  added  at  end  of  section,  1936,  247  §  2;    section  amended, 
1938,  210;  paragraph  added  at  end,  1939,  415  §  1 ;  section  revised,  1939, 
451  §  37;    amended,  1941,  722  §  9.    Affected,  1938,  259.     (See  1933, 
171  §  2;   1936,  247  §§  3-6;   1939,  415  §§  3,  4.) 
Sect.  5  revised,  1937,  425  §  12.     (See  1937,  425  §  15.) 
Sect.  9  revised,  1933,  152. 
Sect.  12A  amended,  1943,  41. 

Sect.  13  amended,  1937,  425  §  2.     (See  1937,  425  §  15.) 
Sect.  14  amended,  1937,  425  §  3.     (See  1937,  425  §  15.) 
Sect.  15  amended,  1937,  425  §  4.     (See  1937,  425  §  15.) 
Sect.  16  revised,  1937,  425  §  5.     (See  1937,  425  §  15.) 
Sect.  17  revised,  1937,  425  §  6.     (See  1937,  425  §  15.) 
Sect.  17A  added,  1937,  425  §  7  [defining  certain  duties  of  the  board 
of  registration  in  chiropody  (podiatry)].     (See  1937,  425  §  15.) 
Sect.  18  amended,  1937,  425  §  8.     (See  1937,  425  §  15.) 
Sect.  19  amended,  1937,  425  §  9.     (See  1937,  425  §  15.) 
Sect.  20  amended,  1937,  425  §  10.     (See  1937,  425  §  15.) 
Sect.  21  amended,  1937,  425  §  11.     (See  1937,  425  §  15.) 
Sect.  23  repealed,  1937,  425  §  13.     (See  1937,  425  §  15.) 
Sect.  24  amended,  1932,  227;    1933,  126;    1937,  343  §  1;    revised, 
1941,  52  §  1.    (See  1941,  52  §  2;   1943,  165.) 
Sect.  27  revised,  1934,  328  §  2;  amended,  1937,  343  §  2. 
Sect.  30  amended,  1937,  343  §  3. 
Sect.  32  amended,  1934,  328  §  3. 
Sect.  34  amended,  1934,  328  §  4. 

Sect.  35  amended,  1934,  328  §  5;   1935,  306;   1937,  343  §  4. 
Sect.  36  revised,  1934,  328  §  6. 
Sect.  38  revised,  1934,  236. 
Sect.  39  amended,  1939,  138. 


926  Changes  in  the  IChap.  H2. 

Sect.  40  amended,  1934,  328  §  6A;  1937,  343  §  5. 

Sect.  42A  added,  1937,  343  §  6  (relative  to  the  retail  drug  business 
and  pharmacy). 

Sect.  45,  second  sentence  amended,  1932,  180  §  18;  paragraph  added 
at  end,  1939,  415  §  2.     (See  1939,  415  §  3.) 

Sect.  46,  clause  Third  amended,  1934,  108. 

Sect.  50  amended,  1935,  344. 

Sects.  52A  and  52B  added,  1934,  281  (relative  to  methods  and  prac- 
tices of  dentists  and  dental  hygienists). 

Sect.  52A  revised   1937  253 

Sect.  55  amended,  1937,  66;'  revised,  1939,  251  §  1.  (See  1939,  251 
§§  2,  3,  4.) 

Sects.  60A-60J  added  under  caption  "registration  of  archi- 
tects", 1941,  696  §  2.    (See  1941,  696  §§  3,  4.) 

Sect.  60C,  clause  (c)  revised,  1943,  167. 

Sects.  66-73  stricken  out,  and  new  sections  66-73 '  inserted,  1934, 
339  §  2. 

Sect.  72  amended,  1938,  434  §  1.     (See  1938,  434  §  4.) 

Sect.  73  amended,  1938,  434  §  2.     (See  1938,  434  §  4.) 

Sect.  73A  added,  1937,  287  §  1  (regulating  advertising  in  connection 
with  the  sale  of  eyeglasses,  lenses  or  eyeglass  frames).  (See  1937,  287 
§2.) 

Sect.  73B  added,  1938,  434  §  3  (further  regulating  optometrists  with 
respect  to  premises  where  practice  may  be  carried  on  and  to  the  sharing 
of  their  fees).     (See  1938,  434  §  4.) 

Sects.  74-81  stricken  out,  and  new  sections  74-81C  added,  1941, 
620  §  3.     (See  1941,  620  §§  1,  4-12.) 

Sects.  81A-81Q  inserted  under  caption  "registration  of  profes- 
sional  ENGINEERS   AND    OF   LAND    SURVEYORS",    1941,    643    §    2.       (ScC 

1941,  643  §§  3-5.) 

Sect.  81  A,  as  so  inserted,  amended  and  renumbered  81D,  1941, 
722  §  9A 

Sect.  81L  amended,  1941,  722  §  9B. 

Sects.  81B-81Q,  inclusive,  inserted  by  1941,  643  §  2,  renumbered 
81E-81T,  inclusive,  1941,  722  §  9C. 

Sects.  82-87,  and  caption  before  said  section  82,  stricken  out,  and 
new  sections  82-87  inserted,  under  caption  "registration  of  em- 
balmers  and  funeral  directors",  1936,  407  §  3.  (See  1936,  407 
§§  5-8.) 

Sect.  82,. definition  of  "Funeral  directing",  revised,  1939,  160  §  1. 

Sect.  83,  third  paragraph  amended,  1939,  160  §  4. 

Sect.  85  amended,  1941,  232. 

Sect.  87  amended,  1937,  13;   1939,  160  §  2. 

Sects.  87F-87S.     See  1937,  184. 

Sect.  87F,  paragraph  contained  in  lines  4-9  revised,  1934,  260  §  1. 

Sect.  87H,  four  sentences  added  at  end,  1934,  260  §  2;  section 
amended,  1936,  314  §  1;  second  paragraph  amended,  1937,  94;  same 
paragraph  revised,  1941,  619  §  1.    (See  1941,  619  §  2.) 

Sect.  871  amended,  1936,  314  §  2. 

Sect.  87K,  paragraph  added  at  end,  1936,  314  §  3. 

Sect.  87M  amended,  1936,  314  §  4. 

Sect.  870  amended,  1933,  149  §  2.     (See  1933,  149  §  3.) 


Chaps.  113-115.]  GENERAL   LawS.  927 

Sect.  87P  amended,  1934,  260  §  3. 

Sect.  87R  amended,  1936,  314  §  5. 

Sects.  87T-87JJ  added,  under  caption  "registration  of  hair- 
dressers", 1935,  428  §  2.     (See  1935,  428  §§  6,  7.) 

Sect.  87T,  definition  of  "Apprentice"  stricken  out  and  definition  of 
"Instructor"  added,  1941,  626  §  1;  definition  of  "shop"  revised, 
1941,  626  §  2;  section  revised,  1943,  565  §  1. 

Sect.  87U  amended,  1937,  385  §  2;  revised,  1941,  626  §  3. 

Sect.  87V  amended,  1937,  385  §  3;  revised,  1941,  626  §  4;  1943, 
565  §  2. 

Sect.  87W  amended,  1937,  385  §  4;  revised,  1941,  626  §  5;  1943, 
565  §  3. 

Sect.  87X  revised,  1941,  626  §  6;  1943,  565  §  4. 

Sect.  87Z  amended,  1937,  385  §  5;  revised,  1943,  565  §  5. 

Sect.  87AA  revised,  1941,  626  §  7;   1943,  565  §  6. 

Sect.  87BB  amended,  1937,  385  §  6;  revised,  1943,  565  §  7. 

Sect.  87CC  revised,  1941,  626  §  8;  1943,  565  §  8. 

Sect.  87DD  revised,  1943,  565  §  9. 

Sect.  87EE  revised,  1937,  385  §  7. 

Sect.  87GG  revised,  1941,  626  §  9;   1943,  565  §  10. 

Sect.  87II  amended,  1937,  385  §  8;  revised,  1941,  626  §  10;  1943, 
565  §  11. 

Sect.  87 JJ  revised,  1941,  626  §  11;  1943,  565  §  12. 

Sect.  88,  clause  (3)  amended,  1941,  626  §  13. 

Chapter  113.  —  Promotion  of  Anatomical  Science. 

Sect.  1  amended,  1941,  351  §  7. 

Chapter  114.  —  Cemeteries  and  Burials. 

Sect.  1  amended,  1936,  319  §  1.     (See  1936,  319  §  7.) 

Sect.  6  amended,  1936,  319  §  2.     (See  1936,  319  §  7.) 

Sect.  7  revised,  1936,  319  §  3.     (See  1936,  319  §  7.) 

Sect.  8  revised,  1936,  319  §  4.     (See  1936,  319  §  7.) 

Sect.  9  amended,  1936,  319  §  5.     (See  1936,  319  §  7.) 

Sect.  25  amended,  1934,  85  §  1.     (See  1934,  85  §  2.) 

Sects.  43A^3N  added,  under  caption  "miscellaneous  provisions", 

1936,  319  §  6  (relative  to  the  ownership,  maintenance  and  operation  of 

cemeteries  and  crematories  and  to  the  disposal  of  dead  human  bodies). 

(See  1936,  319  §  7.) 
Sect.  49  revised,  1936,  407  §  4;  last  paragraph  amended,  1939,  160 

§  3.     (See  1936,  407  §§  5-8.) 

Chapter  115.  —  State  and  Military  Aid,  Soldiers'   Relief,  etc. 

For  legislation  providing  for  payments  for  the  benefit  of  soldiers  and 
sailors  serving  in  the  present  war,  see  1942,  11;   1943,  211. 

Sect.  1,  paragraph  in  third  line  revised,  1943,  455  §  3. 

Sect.  2A  added,  1932,  113  (requiring  the  furnishing  of  information 
to  the  commissioner  of  state  aid  and  pensions  by  certain  banks  and 
other  depositories  relative  to  certain  deposits  therein);  paragraph 
added  at  end,  1943,  455  §  4. 


928  Changes  in  the  [Chaps,  lie,  117. 

Sect.  6,  fourth  paragraph  amended,  1943,  455  §  5;  sixth  paragraph 
amended,  1943,  455  §  6;   sixteenth  paragraph  amended,  1943,  455  §  7. 

Sect.  7  amended,  1937,  273  §  1;  revised,  1938,  316  §  1. 

Sect.  9  amended,  1943,  455  §  8. 

Sect.  10,  second  paragraph  amended,  1943,  455  §  9. 

Sect.  12A  added,  1933,  363  (making  certain  Massachusetts  veterans 
receiving  hospital  treatment  outside  the  commonwealth  eligible  to 
receive  military  aid). 

Sect.  15  amended,  1932,  106. 

Sect.  17,  first  paragraph  amended,  1936,  77;  1939,  295;  paragraph 
added,  1932,  63. 

Sect.  18,  sentence  added  at  end  of  first  paragraph,  1933,  323;  para- 
graph added  at  end,  1932,  270. 

Sect.  19  amended,  1932,  250;  1934,  336  §  1;  1937,  273  §  2;  revised, 
1938,  316  §  2:  amended,  1943,  455  §  10. 

Sect.  20  amended,  1932,  251;  1934,  336  §  2;  revised,  1943,  455  §  11. 

Sect.  21  amended,  1943,  455  §  12. 


Chapter  116.  —  Settlement. 

Sect.  1,  clause  Fifth  amended,  1943,  455  §  13. 
Sect.  2  revised,  1933,  213;  amended,  1943,  379. 
Sect.  5  amended,  1943,  455  §  14. 

Chapter   117.  —  Support   by  Cities  and  Towns. 

Sect.  1  amended,  1934,  124. 

Sect.  2A  added,  1933,  181  (authorizing  local  boards  of  public  wel- 
fare to  aid  needy  persons  in  the  cultivation  of  vegetable  gardens). 

Sect.  3A  added,  1937,  277  (protecting  needy  persons  from  the  public 
view  while  applying  for  public  relief  and  support). 

Sect.  3B  added,  1939,  127  (prohibiting  local  boards  of  pubhc  welfare 
from  making  the  institution  of  ejectment  proceedings  a  prerequisite  to 
the  payment  by  them  of  rent  owed  for  dwellings  by  certain  persons  on 
welfare  relief). 

Sect.  5  amended,  1937,  125. 

Sect.  6  revised,  1936,  108. 

Sect.  6 A  added,  1938,  211  (preventing  discrimination  against  certain 
persons  with  respect  to  the  payment  of  welfare  relief). 

Sect.  13,  new  sentence  added  at  end,  1941,  608. 

Sect.  14  revised,  1937,  113;  amended,  1938,  275;  1939,  39  §  1.  (See 
1939,  39  §  2.) 

Sect.  16  repealed,  1936,  328. 

Sect.  17  amended,  1939,  370;   1941,  351  §  8.    (See  1939,  454  §  21.) 

Sect.  18  amended,  1934,  45;  1938,  425;  revised,  1941,  351  §  9.  (See 
1939,  454  §  21.) 

Sect.  18A  added,  1938,  465  (relative  to  the  payment  by  cities  and 
towns  of  the  expense  of  the  funeral  and  burial  of  certain  poor  and  in- 
digent persons). 

Sect.  19,  paragraph  added  at  end,  1937,  86. 

Sect.  21  amended,  1941,  196. 

Sect.  24  revised,  1935,  164;  sentence  added  at  end,  1943,  481. 


Chaps.  118,  118A.]  GENERAL   LaWS.  929 

Sect.  35  amended,  1932,  180  §  19. 

Sects.  44-46  added,  1938,  476  (authorizing  the  estabhshment  of  pub- 
lic welfare  districts  in  cities  and  towns). 

Chapter  118. — Aid  to  Dependent  Children   (former  title,  Aid  to  Mothers 
with  Dependent  Children). 
The  following  reference  is  to  chapter  118,  as  appearing  in  the  Tercente- 
nary Edition: 

Sect.  1  revised,  1935,  494  §  2.     (See  1935,  494  §  1.) 

Chapter  stricken  out  and  new  chapter  (with  new  title)  inserted,  1936, 
413   §  1.     (See  1936,  413   §  2.) 

The  following  references  are  to  chapter  118,  as  inserted  by  1936,  413  §  1: 

Sect.  1  amended,  1939,  487. 

Sect.  2  amended,  1941,  593  §  1;   1943,  97. 

Sect.  4A  added,  1943,  117  (permitting  recipients  of  aid  to  dependent 
children,  so-called,  to  leave  the  commonwealth  without  suspension  of 
such  aid). 

Sect.  5  revised,  1941,  593  §  2. 

Sect.  6  revised,  1941,  405;  two  sentences  added  at  end,  1943,  491. 
(See  1939,  454  §  21.) 

Sect.  8  revised,  1939,  248. 

Chapter  118A.  —  Adequate  Assistance  to  Certain  Aged  Citizens. 

The  following  references  are  to  chapter  118A,  as  appearing  in  the 
Tercentenary  Edition: 

Sect.  1  amended,  1933,  219;  revised,  1933,  328;  amended,  1935,  494 
§  3.    (See  1934,  374  §  3  subsection  15;   1935,  494  §  1.) 

Sect.  2 A  added,  1933,  285  (providing  for  appeals  by  persons  ag- 
grieved by  failure  of  cities  and  towns  to  render  old  age  assistance). 

Sect.  3  revised,  1932,  259  §  3. 

Chapter  stricken  out  and  new  chapter  118A  inserted,  1936,  436  §  1.  (See 
1936,  436  §  4.) 

The  following  references  are  to  chapter  118A,  as  inserted  by  1936,  436  §  1: 

Sect.  1  amended,  1937,  440  §  1;  last  sentence  amended,  1938,  274; 
section  revised,  1941,  729  §  1;  1943,  489  §  1;  paragraph  added  at  end, 
1943,  506.     (See  1941,  729  §  15.) 

Sect.  2  revised,  1937,  440  §  2;  amended,  1941,  597  §  1;  revised,  1941, 
729  §  2;  1943,  489  §  2.    (See  1941,  729  §  15.) 

Sect.  2A  added,  1941,  729  §  3  (relative  to  the  liability  of  children  to 
contribute  to  the  support  of  aged  parents);  revised,  1943,  489  §  3. 
(See  1941,  729  §  15.) 

Sect.  3  revised,  1937,  440  §  3;  last  sentence  revised,  1938,  285;  sec- 
tion revised,  1939,  481. 

Sect.  4  amended,  1938,  467;  amended,  1941,  729  §  4;  revised,  1943, 
512.     (See  1941,  729  §§  14,  15.) 

Sect.  4 A  added,  1941,  729  §  5  (making  a  recipient  of  old  age  assist- 
ance liable  to  repay  the  same  in  certain  cases).     (See  1941,  729  §  15.) 

Sect.  5  revised,  1938,  408;  amended,  1941,  729  §  6.  (See  1941,  729 
§  15.) 

Sect.  6A  added,  1937,  165  (permitting  recipients  of  old  age  assist- 
ance, so  called,  to  leave  the  commonwealth  without  suspension  of  such 
assistance);  amended,  1941,  729  §  7;  revised,  1943,  470.  (See  1941, 
729  §  15.) 


930  Changes  in  the  [Chaps.  119-121. 

Sect.  8  amended,  1941,  729  §  8;  two  sentences  inserted  after  third 
sentence,  1943,  490.    (See  1939,  454  §  21;   1941,  729  §  15.) 

Sect.  10  revised,  1941,  597  §  2. 

Sect.  11  added,  1941,  729  §  10  (establishing  the  old  age  assistance 
fund).     (See  1941,  729  §§  9,  9A,  15.) 

Chapter  119.  —  Protection  and  Care  of  Children,  and  Proceedings  against 

Them. 

Sect.  1  revised,  1941,  629  §  1. 

Sect.  2  revised,  1941,  629  §  2. 

Sect.  6  revised,  1941,  629  §  3. 

Sect.  9  amended,  1941,  629  §  4. 

Sect.  10  amended,  1941,  629  §  5. 

Sect.  12  revised,  1932,  180  §  20. 

Sect.  14  revised,  1941,  629  §  6. 

Sect.  22  amended,  1941,  351  §  10. 

Sect.  28  amended,  1941,  629  §  7. 

Sect.  29  amended,  1941,  629  §  8. 

Sect.  47A  added,  1943,  504  (relative  to  the  payment  of  expenses  for 
the. support  of  certain  neglected  children). 

Sect.  56  revised,  1943,  244  §  1. 

Sect.  58,  paragraph  inserted  after  third  paragraph,  1941,  264  §  1. 

Sect.  58A  amended,  1941,  194  §  6;  revised,  1941,  327. 

Sect.  59,  second  paragraph  stricken  out,  1941,  648  §  1. 

Sect.  60  stricken  out  and  new  sections  60  and  60A  inserted,  1938, 
174  §  1  (relative  to  the  use  of  information  and  records  in  cases  of  way- 
wardness or  dehnquency). 

Sect.  63  revised,  1932,  95  §  1. 

Sect.  65  amended,  1932,  95  §  2. 

Sect.  66  revised,  1941,  648  §  2;  1943,  244  §  2. 

Sect.  67  amended,  1941,  648  §  3;  revised,  1943,  244  §  2. 

Sect.  68  revised,  1943,  244  §  2.j. 

Sect.  69  revised,  1943,  244  §  2.  -i 

Sect.  74  amended,  1933,  196  §  1. 

Sect.  75  amended,  1933,  196  §  2. 

Chapter  120.  —  Massachusetts  Training  Schools. 

Sect.  21,  first  sentence  amended,  1932,  180  §  21. 

Chapter  121.  —  Powers  and  Duties  of  the  Department  of  Public  Welfare, 
and  the  Massachusetts  Hospital  School. 

For  legislation  relative  to  the  Federal  Surplus  Commodity  Stamp 
Plan,  so  called,  see  1941,  65,  92,  634;  1942,  9,  17. 

Sect.  4 A  added,  1941,  630  §  3  (relative  to  information  concerning 
recipients  of  old  age  assistance  and  aid  to  dependent  children). 

Sect.  6  amended,  1941,  351  §  11. 

Sect.  7  amended,  1941,  351  §  12;  revised,  1941,  404. 

Sect.  8 A  added,  1935,  311  §  2  (relative  to  funds  received  by  the 
director  of  the  division  of  aid  and  relief  for  the  benefit  of  persons  under 
the  care  and  supervision  of  the  department);  revised,  1941,  523. 

Sect,  8B  added,  1941,  618  (relative  to  the  disposition  of  certain  un- 


Chap.  122.]  GENERAL  LaWS.  931 

claimed  moneys  held  by  the  division  of  child  guardianship  for  the  bene- 
fit of  certain  wards  thereof). 

Sect.  9  amended,  1941,  351  §  13. 

Sect.  9A  added,  1934,  167  (relative  to  the  interstate  transportation 
of  poor  and  indigent  persons). 

Sect.  12  amended,  1941,  351  §  14. 

Sect.  13  amended,  1941,  351  §  15. 

Sect.  15  amended,  1941,  351  §  16. 

Sect.  23  (and  caption)  amended,  1933,  364  §  2;    section  amended, 

1935,  449  §  2;  revised,  1935,  475  §  3.    (See  19B3,  364  §  8.) 
Sect.  24  amended,  1933,  364  §  3.     (See  1933,  364  §  8.) 

Sect.  24A  added,  1935,  449  §  2A  (authorizing  the  acceptance  and 
use  by  the  state  board  of  housing  of  grants  of  federal  funds). 

Sect.  24B  added,  1935,  485  §  1  (authorizing  the  state  board  of 
housing  to  take  land  by  eminent  domain  in  order  to  aid  or  co-operate 
with  the  United  States  with  respect  to  federal  housing  projects). 

Sect.  25  revised,  1933,  364  §  4.    (See  1933,  364  §  8.) 

Sect.  26  amended,  1933,  364  §  5;  revised,  1935,  475  §  4;   amended, 

1936,  211  §  6.    (See  1933,  364  §  8;   1936,  211  §  7.) 

Sects.  26A-26H  added,  1933,  364  §  6  (relative  to  the  powers  and 
duties  of  the  state  board  of  housing,  and  to  limited  dividend  corpora- 
tions under  its  control.)     (See  1933,  364  §  8.) 

Sect.  26H  revised,  1935,  449  §  3. 

Sects.  26I-26BB,  under  caption  "housing  authorities",  added, 
1935,  449  §  5  (relative  to  the  establishment,  powers  and  duties,  and  dis- 
continuance, of  local  housing  authorities). 

Sect.  26Q,  subsection  (c)  added,  1935,  485  §  2  (authorizing  local 
housing  authorities  to  take  land  by  eminent  domain  in  order  to  aid  or 
co-operate  with  the  United  States  with  respect  to  federal  housing 
projects). 

Sects.  26I-26BB  stricken  out  and  new  sections  26I-26II  inserted. 
1938,  484  §  1  (to  relate  the  Massachusetts  Housing  Authority  Law  to 
the  United  States  Housing  Act  of  1937).  (See  1938,  484  §  2;  1941,  269 
§  2;  1941,  317.) 

Sect.  26W  amended,  1943,  148. 

Sect.  26AA,  clause  (d)  stricken  out  and  new  clauses  (d)  and  (e)  in- 
serted, 1941,  269  §  1. 

Sect.  26BB,  amended,  1941,  291. 

Sect.  26DD  revised,  1939,  26. 

Sect.  27  repealed,  1933,  364  §  7. 

Sect.  39  amended,  1941,  351  §  17. 

Sect.  40  amended,  1941,  656  §  13.     (See  1941,  656  §  17.) 

Sect.  42  amended,  1932,  180  §  22;   1941,  406. 

Chapter  122.  —  Tewksbury  State  Hospital  and  Infirmary  (former  title,  State 

Infirmary). 

Title  revised,  1941,  351  §  18. 

Name  of  State  Infirmary  changed  to  Tewksbury  State  Hospital  and 
Infirmary,  1939,  272  §  1. 
Sect.  1  amended,  1941,  351  §  19;  revised,  1941,  596  §  25. 
Sect.  2  amended,  1941,  351  §  20. 
Sect.  2A  amended,  1941,  351  §  21. 


932  Changes  in  the  [Chap.  123. 

Sects.  2B-2E  added,  1936,  295  (relative  to  Patients'  Funds  at  the 
state  infirmary  and  the  disposition  of  unclaimed  property  and  moneys 
represented  by  bank  books  belonging  to  former  patients). 

Sect.  2B  amended,  1941,  351  §  22. 

Sect.  2C  amended,  1941,  351  §  23. 

Sect.  2D  revised,  1941,  351  §  24. 

Sect.  2E  revised,  1941,  351  §  25. 

Sect.  3  amended,  1941,  351  §  26. 

Sect.  4  amended,  1941,  351  §  27. 

Sect.  5  amended,  1941,  351  §  28. 

Sect.  6  amended,  1933,  345;   1941,  351  §  29. 

Sect.  8  amended,  1941,  351  §  30. 

Sect.  10  amended,  1941,  351  §  31. 

Sect.  13  amended,  1941,  351  §  32. 

Sect.  14  amended,  1941,  351  §  33. 

Sect.  15  amended,  1936,  325;   1941,  351  §  34. 

Sect.  16  amended,  1941,  351  §  35. 

Sect.  17  amended,  1941,  351  §  36. 

Sect.  18  amended,  1936,  378;  1941,  351  §  37;  revised,  1941,  412; 
first  sentence  amended,  1943,  275  §  2;  fourth  sentence  stricken  out  and 
two  sentences  inserted,  1943,  476.     (See  1939,  454  §  21.) 

Sect.  20  amended,  1941,  351  §  38. 

Sect.  20A  added,  1941,  201  (penaHzing  the  unlawful  possession, 
handling  or  consumption  of  certain  things  by  inmates  of  said  hospital 
and  infirmary). 

Sect.  23  amended,  1941,  351  §  39. 

Sect.  24  revised,  1941,  191. 


Chapter   123.  —  Commitment  and   Care  of  the   Insane  and  Other  Mental 

Defectives. 

For  legislation  relative  to  the  establishment  of  the  Norfolk  state 
hospital  for  the  care  of  the  criminal  insane,  see  1935,  421;  1939,  485; 
1941,  194  §§  20,  21,  722  §§  12,  13. 

Sect.  1,  definition  of  "commissioner"  and  "department"  revised, 
1938,  486  §  7.     (See  1938,  486  §§  1,  21,  22.) 

Sect.  4  revised,  1938,  486  §  8.     (See  1938,  486  §§  21,  22.) 

Sect.  8A  added,  1935,  301  (providing  for  co-operation  between  the 
departments  of  mental  diseases  and  public  works  relative  to  roads  at 
state  hospitals). 

Sect.  10  amended,  1941,  490  §  25. 

Sect.  13  revised,  1936,  286. 

Sect.  15  amended,  1941,  656  §  14.     (See  1941,  656  §  17.) 

Sect.  16  revised,  1938,  486  §  9;  amended,  1939,  500  §  1.  (See  1938, 
486  §§  21,  22;  1943,  505.) 

Sect.  16A  amended,  1938,  486  §  10.     (See  1938,  486  §§  21,  22.) 

Sect.  19  repealed,  1935,  163. 

Sect.  22  revised,  1941,  351  §  40,  706. 

Sect.  22A  amended,  1941,  194  §  7. 

Sect.  25  amended,  1935,  314  §  3,  421  §  4.     (See  1935,  421  §  6.) 

Sect.  26  repealed,  1938,  486  §  11. 

Sect.  28  revised,  1938,  486  §  12.     (See  1938,  486  §§  20-22.) 


Chap.  123.]  GENERAL   LaWS.  ,     933 

Sect.  29  revised,  1938,  486  §  13.     (See  1938,  486  §§  21,  22.) 

Sect.  30  revised,  1938,  486  §  14.     (See  1938.  486  §§  21,  22.) 

Sect.  31  re\ised,  1938,  486  §  15.     (See  1938,  486  §§  21,  22.) 

Sect.  32  revised,  1933,  115:  1938,  486  §  16.    (See  1938,  486  §§  21,  22.) 

Sect.  36  revised,  1939,  500  §  12. 

Sect.  39,  sentence  added  at  end,  1936,  291  §  1. 

Sect.  39A  amended,  1936,  291  §  2. 

Sect.  39B  added,  1932,  204  (relative  to  the  disposition  of  unclaimed 
belongings  at  certain  state  hospitals,  known  as  "patients'  valuables"); 
re\ised,  1936,  291  §  3. 

Sect.  39C  added,  1933,  256  (relative  to  the  disposition  of  moneys 
represented  by  certain  bank  books  belonging  to  former  patients  of 
certain  state  hospitals);  revised.  1936,  291  §  4. 

Sect.  40  amended,  1939,  500  §  13. 

Sect.  43  repealed,  1939,  500  §  2. 

Sect.  45  amended,  1938,  486  §  17.     (See  1938,  486  §§  21,  22.) 

Sect.  46  amended,  1938,  486  §  18.     (See  1938,  486  §§  21,  22.) 

Sect.  47  re\Tsed,  1938,  486  §  19.     (See  1938,  486  §§  21,  22.) 

Sect.  50  re\Tsed,  1935,  314  §  4. 

Sect.  52  amended,  1932,  85. 

Sect.  53  re\'ised,  1941,  645  §  1. 

Sect.  56  repealed,  1939,  500  §  4. 

Sect.  62  amended,  1941,  655  §  1. 

Sect.  66,  paragraph  added  at  end,  1939,  500  §  6. 

Sect.  66A  amended,  1941,  194  §  8. 

Sect.  77,  first  sentence  amended,  1935,  314  §  5;  section  revised,  1939, 
500  §5. 

Sect.  78,  first  sentence  revised,  1935,  314  §  6. 

Sect.  79,  first  sentence  re\'ised,  1935,  314  §  7;  section  revised,  1939, 
500  §  7;  amended,  1941,  216  §  1;  reposed,  1941.  &45  §  2. 

Sect.  80  amended,  1939.  500  §  8. 

Sect.  82  amended.  1939,  500  §  9. 

Sect.  84  revised,  1941,  481;  amended,  1941,  490  §  26;  re%ised,  1941. 
722  §  10. 

Sect.  86  amended,  1935,  314  §  8;  revised,  1939,  500  §  10. 

Sect.  87  amended,  1939.  500  §  11. 

Sect.  89  re%ised,  1941,  216  §  3. 

Sect.  89A  amended.  1941.  194  §  9. 

Sect.  89B  amended,  1938,  254  §  1:  1941,  194  §  10. 

Sect.  90,  first  sentence  amended.  1932,  180  §  23. 

Sect.  96  amended.  1941,  351  §  41;  third  paragraph  revised.  1941, 
398. 

Sect.  lOOA  amended.  1941,  194  §  11. 

Sect.  102  revised.  1934,  15;  paragraph  added  at  end,  1938,  226;  sec- 
tion amended,  1941,  344  §  3. 

Sect.  105  revised,  1936,  130;  last  paragraph  amended,  1939,  54;  1941, 
216  §  2. 

Sect.  110  amended,  1937,  136. 

Sect.  113  amended.  1941,  194  §  12;  revised,  1943,  185  §  1. 

Sect.  114  revised,  1943.  185  §  2. 

Sect.  115  revised,  1943,  185  §  3. 

Sect.  116  revised,  1943,  185  §  4. 


934  Changes  in  the  [Chaps.  124-127. 

Sect.  117  amended,  1941,  655  §  2. 

Sect.  117A  added,  1930,  32  (providing  in  certain  cases  for  the  return 
to  penal  institutions  of  prisoners  removed  therefrom  to  departments  for 
defective  delinquents) ;  revised,  1943,  185  §  5. 

Sect.  118  revised,  1938,  254  §  2;   1943,  185  §  6, 

Sect.  119  revised,  1938,  254  §  3. 

Chapter  124.  —  Powers  and  Duties  of  the  Department  of  Correction. 

Sect.  1  amended,  1939,  451  §  38;  1941,  344  §  4. 

Sect.  5  amended,  1941,  344  §  5. 

Sect.  6  amended,  1936,  23  §  2;  1939,  451  §  39. 

Sect.  7  amended,  1939,  451  §  40. 

Sect.  8  amended,  1935,  48  §  1.     (See  1935,  48  §  2.) 

Chapter  125.  —  Penal  and  Reformatory  Institutions  of  the  Commonwealth. 

Sect.  2  amended,  1941,  344  §  6. 

Sect.  3  amended,  1941,  344  §  7. 

Sect.  4  amended,  1932,  282  §  3;  1941,  344  §  8. 

Sect.  4A  added,  1939,  360  §  1  (changing  the  minimum  age  require- 
ment for  appointment  of  correction  officers  at  certain  state  penal  and 
reformatory  institutions).     (See  1939,  238  §  50.) 

Sect.  10  revised,  1937,  20  §  1.     (See  1937,  20  §  2.) 

Sect.  11  amended,  1935,  437  §  1.     (See  1935,  437  §  8.) 

Sect.  13  amended,  1936,  276;  1939,  360  §  2. 

Sect.  30  amended,  1932,  180  §  24. 

Sects.  39-41  (and  heading  before  said  section  39)  repealed,  1941, 
344  §  9. 

Sect.  46  repealed,  1941,  596  §  26 

Sect.  49  revised,  1936,  125. 

Chapter  126. — Jails,  Houses  of  Correction  and  Reformation,  and  County 

Industrial  Farms. 

Sect.  16  revised,  1937,  219  §  6. 
Sect.  37  amended,  1936,  228. 

Chapter  127.  —  Officers  and  Inmates  of  Penal  and  Reformatory  Institutions, 

Paroles  and  Pardons. 

For  legislation  providing  for  the  disposition  of  certain  prisoners  con- 
fined in  the  prison  camp  and  hospital  prior  to  its  discontinuance,  see 
1935,  111. 

Sect.  1  revised,  1941,  490  §  27. 

Sect.  2  amended,  1941,  344  §  10. 

Sect.  10  amended,  1936,  23  §  3;  1941,  656  §  15.    (See  1941,  656  §  17.) 

Sect.  11  revised,  1941,  344  §  11. 

Sect.  12  amended,  1941,  344  §  12. 

Sect.  14  amended,  1939,  200. 

Sect.  16,  last  sentence  stricken  out,  1933,  77  §  1;  section  amended, 
1941,  344  §  13. 

Sect.  17  revised,  1933,  77  §  2. 


Chap.  127.]  GENERAL  LaWS.  935 

Sect.  18  amended,  1933,  77  §  3.      • 

Sect.  23  amended,  1941,  69.  • 

Sect.  35  amended,  1941,  344  §  14. 

Sect.  36  revised,  1941,  237  §  1. 

Sect.  37  revised,  1941,  237  §  2. 

Sect.  50  revised,  1941,  344  §  15. 

Sect.  51  amended,  1941,  344  §  16. 

Sect.  67A  added,  1932,  252  §  1  (regulating  the  sale  of  prison  made 
goods).    (See  1932,  252  §  2.) 

Sect.  71  revised,  1941,  344  §  17. 

Sect.  72  amended,  1941,  344  §  18;  revised,  1941,  436  §  1.  (See  1941, 
436  §  2.) 

Sect.  78  and  sections  79-82  (and  heading  preceding  said  section  79) 
repealed,  1941,  344  §  19. 

Sect.  84  amended,  1941,  490  §  28. 

Sect.  87  amended,  1941,  344  §  20. 

Sect.  90A  revised,  1938,  65. 

Sect.  96  amended,  1941,  351  §  42. 

Sects.  96A  and  96B  added,  1936,  383  (providing  for  the  disposition  of 
unclaimed  money  and  property  of  former  prisoners). 

Sect.  97  revised,  1943,  113. 

Sect.  109  repealed,  1941,  344  §  21. 

Sect.  109B  added,  1935,  113  §  1  (relative  to  the  transfer  of  certain 
prisoners  from  the  Massachusetts  Reformatory  to  the  State  Prison). 
(See  1935,  113  §  2.) 

Sect.  lllA  added,  1933,  169  (relative  to  transfers  of  defective  de- 
linquents and  drug  addicts  from  one  institution  to  another  under  the 
department  of  correction). 

Sect.  117  revised,  1941,  510  §  1;   1943,  120. 

Sect.  118  revised,  1938,  456;  amended,  1941,  351  §  43;  revised,  1941, 
510  §  2. 

Sect.  123  amended,  1941,  510  §  3. 

Sect.  127  amended,  1938,  71;  1941,  70;  1941,  690  §  5A.  (See  1941, 
690  §§  8-10.) 

Sect.  128  amended,  1939,  451  §  41;  revised,  1941,  690  §  1.  (See  1941, 
690  §§  8-10.) 

Sect.  129  revised,  1937,  399  §  2.     (See  1937,  399  §§  3-6.)     • 

Sects.  129-139  stricken  out  and  new  sections  129-136  and  136A  in- 
serted, 1941,  690  §  2.     (See  1941,  690  §§  8-10.) 

Sect.  130  revised,  1938,  264  §  1;  amended,  1941,  277.  (See  1938, 
264  §  2.) 

Sect.  131  amended.  1939,  451  §  42. 

Sect.  132  amended,  1939,  451  §  43. 

Sect.  133  revised,  1933,  134  §  1;  amended,  1939,  451  §  44.  (See 
1933,  134  §  2.) 

Sect.  135  amended,  1939,  451  §  45. 

Sect.  136  amended,  1939,  451  §  46. 

Sect.  137  amended,  1939,  451  §  47;  repealed,  1941,  344  §  22. 

Sect.  137A  amended,  1939,  451  §  48. 

Sect.  138  amended,  1939,  451  §  49. 

Sect.  139  amended,  1939,  451  §  50;  revised,  1941,  344  §  23. 

Sect.  141  amended,  1941,  174  §  1. 


936  Changes  in  the  [Chaps.  128,  128A. 

Sect.  146  revised,  1932,  221  §  1. 

Sect.  149  amended,  1939, '451  §  51;  revised,  1941,  174  §  2;  amended, 
1941,  690  §  3.     (See  1941,  690  §§  8-10.) 

Sect.  151,  last  sentence  amended,  1932,  180  §  25. 

Sects.  151A-151G  added,  under  the  heading  "interstate  super- 
vision OF  probationers  and  parolees",  1937,  307  §  1  (providing  for 
the  entry  of  this  commonwealth  into  compacts  with  any  of  the  United 
States  for  mutual  helpfulness  in  relation  to  persons  convicted  of  crimes 
or  offences  who  are  on  probation  or  parole).     (See  1937,  307  §  2.) 

Sect.  152  revised,  1939,  479;  fourth  paragraph  amended,  1941,  297. 

Sect.  154  amended,  1939,  451  §  52;  revised,  1941,  690  §  4.  (See  1941, 
690  §§  8-10.) 

Sect.  154A  added,  1935,  225  (requiring  consideration  by  the  advisory 
board  of  pardons  of  the  cases  of  certain  life  prisoners  on  the  question  of 
extending  clemency) ;  amended,  1939,  451  §  53. 

Sect.  158  revised,  1941,  344  §  24. 

Sect.  160  revised,  1941,  344  §  25;   1943,  433. 

Sects.  166-169  added,.  1939,  484  (regulating  the  payment  or  receipt 
of  money  or  other  rewards  or  gratuities  for  the  purpose  of  obtaining  the 
granting  of  any  pardon,  parole,  or  commutation  of  or  respite  from 

Sects.  166  and  167  revised,  1941,  690  §  5.     (See  1941,  690  §§  8-10.) 


Chapter  128.  —  Agriculture. 

Sect.  1  amended,  1941,  490  §  29. 

Sect.  2,  paragraph  (a)  revised,  1941,  490  §  30;  paragraph  (/) 
amended,  1937,  415  §  1;  1938,  230;  paragraph  (g)  added,  1933,  291  §  1; 
same  paragraph  repealed,  1941,  598  §  3. 

Sect.  6  amended,  1933,  291  §  2;   1941,  598  §  4. 

Sect.  8A  added,  1943,  495  (relative  to  the  control  or  destruction  of 
certain  rodents  bv  the  commissioner  of  agriculture). 

Sect.  10  amended,  1934,  340  §  10.     (See  1934,  340  §  18.) 

Sect.  13  amended,  1934,  340  §  11.     (See  1934,  340  §  18.) 

Sects.  16-31 A  affected,  1939,  405. 

Sect.  16  amended,  1941,  490  §  32. 

Sect.  22  amended,  1941,  490  §  33. 

Sect.  23  amended,  1941,  490  §  34. 

Sect.  24A  added,  1939,  136  (providing  for  the  control  of  the  dutch 
elm  disease). 

Sect.  27  revised,  1938,  309. 

Sect.  31A  revised,  1943,  144. 

Sect.  39  repealed,  1933,  74  §  2. 

Sect.  42  revised,  1932,  166. 

Chapter  128A.  —  Horse  and  Dog  Racing  Meetings. 

New  chapter  inserted,  1934,  374  §  3. 

Sect.  3,  first  paragraph  revised,  1935,  454  §  2;  1943,  269;  clause  (c) 
amended,  1941,  382;  clause  (e)  revised,  1939,  505  §  1;  clause  (/)  amended, 
1935,  454  §  3;  clause  (h)  amended,  1935,  454  §  4;  clause  (i)  revised,  1939, 
505  §  2;  clause  (n)  added,  1935,  239  (forbidding  the  licensed  racing  of 


Chap.  129.]  GENERAL   LawS.  937 

horses  and  dogs  under  the  pari-mutuel  system  of  betting,  on  pubHcly 
owned  premises);  clause  {n)  added,  1935,  471  §  1  (forbidding  the  li- 
censed racing  of  dogs  under  such  system,  in  certain  residential  neigh- 
borhoods); designation  of  the  clause  added  by  1935,  471  §  1  changed 
from  (n)  to  (o),  1936,  405  §  3.    (See  1935,  471  §  2;   1939,  505  §  3.) 

Sect.  4,  last  paragraph  revised,  1939,  356. 

Sect.  5,  first  paragraph  revised,  1935,  454  §  1 ;  second  and  third  para- 
graphs revised,  1936,  351;  third  paragraph  revised,  1939,  473;  last 
paragraph  amended,  1939,  497. 

Sect.  9,  last  paragraph  revised,  1935,  454  §  5. 

Sect.  9A  added,  1935,  454  §  6  (relative  to  rules,  regulations  and  con- 
ditions to  be  prescribed  by  the  state  racing  commission). 

Sect.  10  revised,  1936,  268. 

Sect.  13  amended,  1935,  454  §  7. 

Sect.  13A  added,  1935,  454  §  8  (relative  to  the  application  of  certain 
laws  as  to  betting  and  certain  local  requirements  as  to  race  tracks  and 
public  amusements,  in  the  case  of  racing  meetings  under  this  chapter) ; 
revised,  1939,  159;  amended,  1941,  295.    (See  1935,  471  §  2.) 

Sect.  13B  added,  1937,  322  (prohibiting  and  penalizing  the  use  of 
drugs  for  the  purpose  of  affecting  the  speed  of  horses  at  horse  racing 
meetings). 

Sect.  14  revised,  1935,  279  §  2;  1936,  253  §  2;  amended,  1938,  282. 
(See  1935,  279  §  3;   1936,  253  §  1.) 

Sect.  14A  added,  1935,  279  §  1  (providing  for  the  resubmission  to. 
the  voters  of  the  several  counties  of  the  question  of  licensing  dog  races 
at  which  the  pari-mutuel  system  of  betting  shall  be  permitted);  re- 
pealed, 1936,  253  §  1.    (See  1935,  279  §  3;   1936,  253  §  1.) 

Sect.  15  revised,  1936,  436  §  2;  1941,  729  §  12.  (See  1936,  436  §  4; 
1941,  729  §  15.) 


Chapter  129,  —  Livestock  Disease  Control  (former  title,  Animal  Industry). 

Title  of  chapter  changed,  1941,  490  §  35. 

Sect.  1  revised,  1934,  340  §  12;  paragraph  (defining  "Domestic  ani- 
mals") added,  1935,  70.     (See  1934,  340  §  18.) 

Sect.  8A  added,  1941,  375  (establishing  a  scale  of  fees  for  the  inocu- 
lation of  swine  against  hog  cholera). 

Sect.  9  amended,  1943,  332  §  10. 

Sect.  10  amended,  1934,  340  §  13.     (See  1934,  340  §  18.) 

Sect.  15  revised,  1941,  162. 

Sect.  26A  revised,  1938,  168;  amended,  1941,  173. 

Sect.  29  amended,  1938,  308. 

Sect.  32  amended,  1939,  451  §  54. 

Sect.  33  amended,  1934,  272. 

Sect.  33B  revised,  1934,  96. 

Sect.  36A  added,  1935,  426  (providing  for  the  licensing  of  certain 
dealers  in  bovine  animals);  repealed,  1941,  607  §  2. 

Sect.  36B  added,  1938,  314  (providing  for  the  vaccination  of  certain 
cattle  to  curtail  the  spread  of  Bang's  disease,  so  called) ;  revised,  1943, 
56. 

Sect.  36C  added,  1938,  386  (regulating  the  transportation  of  neat 
cattle) ;  repealed,  1941,  607  §  2. 


938  Changes  in  the  [Chaps.  129A,  130. 

Sect.  38  revised,  1934,  340  §  14.    (See  1934,  340  §  18.) 

Sects.  39-43  added,  1941,  607  §  1  (to  further  regulate  the  deaUng  in 

and  transportation  of  bovine  animals  and  to  prevent  the  spread  of 

disease  among  such  animals). 


Chapter   129A.  —  Marine   Fish  and   Fisheries,    Inland   Fish  and   Fisheries, 
Birds  and  Mammals,  General  Provisions. 

New  chapter  inserted,  1933,  329  §  1. 

Sect.  1,  definition  of  "Warden"  revised,  1937,  413  §  2;  definitions 
of  "Coastal  Warden",  "Deputy  Coastal  Warden"  and  "Supervisor", 
revised,  1939,  491  §  11.    (See  1937,  413  §§  3,  4;   1939,  491  §  12.) 

Sect.  10,  sentence  added  at  end,  1941,  171. 

Chapter  129A  repealed  in  part,  1941,  598  §  7;  entirely  repealed,  1941, 
599  §  1.     (See  1941,  598  §  9,  599  §  7.) 


Chapter  130.  —  Marine  Fish  and  Fisheries  (former  title,  Marine  Fish  and 
Fisheries,  including  Crustacea  and  Shellfish). 

The  following  reference  is  to  chapter  130,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  48A  added,  1933,  118  (prohibiting  the  taking  of  certain  herring 
or  alewives  from  the  waters  of  Plymouth  harbor,  Kingston  bay.  Dux- 
bury  bay  and  certain  waters  of  Plymouth  bay). 

Chapter  stricken  out,  and  new  chapter  130  (with  new  title)  inserted, 
1933,  329   §  2. 

The  following  references  are  to  chapter  130  as  so  inserted: 

Sect.  3A  added,  1935,  324  (providing  for  state  aid  to  coastal  cities 
and  towns  in  conserving  and  increasing  the  supply  of  shellfish  and  in 
exterminating  the  enemies  thereof). 

Sect.  6B  added,  1934,  115  §  1  (providing  for  the  fifing  with  the 
supervisor  of  marine  fisheries  of  copies  of  rules  and  regulations  made 
by  cities  and  towns  under  the  marine  fisheries  laws,  and  for  notifying 
him  of  permits  and  licenses  issued  under  said  laws).    (See  1934,  115  §  2.) 

Sect.  IIA  added,  1941,  172  (penalizing  the  taking  of  certain  herring 
or  alewives  from  the  waters  of  Plymouth  Harbor,  lOngston  Bay,  Dux- 
bury  Bay  and  certain  waters  of  Plymouth  Bay). 

Sect.  23  amended,  1937,  168. 

Sects.  27A  and  27B  added,  1939,  385  §  1  (relative  to  the  establish- 
ment and  maintenance  of  a  plant  for  the  propagation  of  lobsters).  (See 
1939,  385  §  2.) 

Sect.  41 A  added,  1937,  121  (prohibiting,  during  certain  months  of  the 
year,  the  taking  of  edible  crabs  from  the  waters  of  the  commonwealth). 

Sect.  48,  first  paragraph  amended,  1935,  110. 

Sect.  73  amended,  1935,  117. 

Sects.  77,  78,  79  revised,  1937,  246. 

Sect.  84A  added,  1934,  129  (regulating  the  disposition  of  starfish 
caught  in  or  taken  from  the  coastal  waters  of  the  commonwealth). 

Chapter  stricken  out,  and  new  chapter  130  (with  new  title)  inserted, 
1941,  598  §  1.     (See  1941,  598  §  9.) 

Sect.  37,  paragraph  contained  in  lines  10  and  11  amended,  1943, 
149;  same  paragraph  revised,  1943,  533  §  1.    (See  1943,  533  §  2.) 


Chap.  131.]  GeNERAL  LaWS.  939 


Chapter  131.  —  Powers  and  Duties  of  the  Division  of  Fisheries  and  Game 
(former  title,   Game  and   Inland   Fisheries). 

The  following  references  are  to  chapter  131,  as  appearing  in  the  Tercen- 
tenary Edition: 

Title  amended,  1933,  329  §  14. 

Sects.  1^  repealed,  1933,  329  §  20. 

Sect.  5  amended,  1932,  272  §  1;  1933,  214  §  1;  1937,  191  §  1. 

Sect.  6  revised,  1932,  272  §  2. 

Sect.  7  revised,  1932,  272  §  3. 

Sect.  8  revised,  1932,  272  §  4;  new  paragraph  added  (summer  three- 
day  fishing  license),  1934,  156;  same  paragraph  revised,  1938,  121  §  1. 
(See  1938,  121  §  2.) 

Sect.  8A  added,  1933,  214  §  2  (establishing  special  fox  hunting  licenses 
for  non-resident  members  and  guests  of  clubs  or  associations  conducting 
fox  hunts). 

Sect.  8B  added,  1937,  191  §  2  (authorizing  the  issuance  to  certain 
officials  of  certain  other  states  of  comphmentary  certificates  entitling 
them  to  hunt  and  fish  in  this  commonwealth). 

Sects.  9-11  repealed,  1933,  329  §  20. 

Sect.  12  amended,  1932,  272  §  5;  revised,  1933,  214  §  3. 

Sect.  13  revised,  1933,  329  §  15. 

Sect.  13A  added,  1941,  159  §  1  (imposing  a  penalty  for  carrying  fire- 
arms, while  intoxicated,  in  places  where  hunting  is  permitted).  (See 
1941,  159  §  2.) 

Sects.  14-24  repealed,  1933,  329  §  20. 

Sect.  24A  added,  1932,  78  (relative  to  the  establishment  in  certain 
brooks  and  streams  of  breeding  areas  for  fish). 

Sect.  25,  paragraph  added  at  end,  1934,  33. 

Sects.  27-34  repealed,  1933,  329  §  20. 

Sect.  42  repealed,  1933,  329  §  20. 

Sect.  43A  added,  1936,  294  (relative  to  fishing  in  ponds  situated 
partly  in  the  commonwealth  and  partly  in  another  state). 

Sect.  44  revised,  1933,  329  §  16. 

Sect.  45,  sentence  added  at  end,  1932,  77. 

Sect.  48  revised,  1936,  69. 

Sect.  49  amended,  1933,  329  §  17. 

Sect.  49A  added,  1937,  123  (establishing  a  close  season  for  fish  with 
respect  to  which  no  close  season  is  otherwise  established  by  law). 

Sects.  52-55  repealed,  1933,  329  §  20. 

Sect.  56  amended,  1934,  51. 

Sect.  57  amended,  1934,  149;  1936,  425  §  1;  1937,  116. 

Sect.  59  revised,  1936,  425  §  2;  1937,  269. 

Sect.  61 A  added,  1933,  329  §  18  (regulating  the  taking  of  smelt  in 
great  ponds). 

Sect.  66  amended,  1934,  40. 

Sect.  68  revised,  1935,  120. 

Sect.  73A  added,  1935,  98  (authorizing  the  use  of  certain  traps  for 
the  purpose  of  catching  fish  bait  in  the  inland  waters  of  the  common- 
wealth). 

Sect.  74  revised,  1932,  272  §  6. 

Sect.  77  revised,  1933,  154. 


940  Changes  in  the  [Chap.  132. 

Sect.  83  revised,  1935,  107. 

Sect.  85  amended,  1932,  28;  1935,  13;  1937,  167. 

Sect.  86A  added,  1932,  60  (authorizing  the  director  of  fisheries  and 
game  to  suspend  or  modify  the  open  season  or  bag  hmit  as  to  ruffed 
grouse  and  quail). 

Sect.  87A  added,  1933,  122  (relative  to  the  taking  or  killing  of  water- 
fowl and  other  migratory  birds  in  certain  cases). 

Sect.  92  amended,  1932,  52. 

Sect.  94  amended,  1934,  183;   1937,  172;  revised,  1937,  316. 

Sect.  97  revised,  1934,  70;  amended,  1936,  13. 

Sect.  99  amended,  1932,  180  §  26. 

Sect.  lOOA  added,  1932,  82  (prohibiting  the  hunting  of  beavers). 

Sect.  103  revised,  1938,  301. 

Sect.  104  revised,  1933,  192  §  1;   1937,  324;   amended,  1941,  175. 

Sect.  104A  added,  1939,  462  (restricting  the  carrying  of  certain  fire- 
arms in  motor  vehicles  in  areas  used  for  hunting). 

Sect.  105A  revised,  1933,  203;  repealed,  1934,  275  §  2. 

Sects.  105B  and  105C  added,  1934,  275  §  1  (regulating  the  use  of 
traps  and  other  devices  for  the  capture  of  fur-bearing  animals  and 
providing  for  local  option  thereon).     (See  1934,  275  §  4.) 

Sect.  109  revised,  1932,  264;  1933,  192  §  2;  amended,  1935,  5  §  1; 
1936,  21  §  1,  138  §  1;   1937,  89  §  1,  243  §  1. 

Sect.  112  revised,  1933,  192  §  3;  amended,  1935,  5  §  2;  1936,  21  §  2, 
138  §  2;  1937,  243  §  2. 

Sect.  114  revised,  1937,  89  §  2;  last  paragraph  amended,  1937, 
372  §  1. 

Sect.  114A  added,  1934,  275  §  3  (authorizing  the  commissioner  of 
conservation  to  temporarily  suspend,  within  certain  specified  territory, 
the  provisions  of  section  105B) . 

Sect.  124  amended,  1937,  229. 

Sect.  135  revised,  1932,  81,  272  §  7. 

Sect.  137  added,  1933,  329  §  19  (relative  to  the  protection  of  salmon 
fry  in  the  Merrimack  river). 

Chapter  stricken  out,  and  new  chapter  131  (with  new  title)  inserted,  1941, 
599  §  2.      (See  1941,  599  §§  5-7.) 

The  following  references  are  to  chapter  131  as  so  inserted: 

Sect.  1,  definition  of  "Birds"  revised,  1941,  663  §  1;  definition  of 
"Mammals"  revised,  1941,  663  §  2.    (See  1941,  663  §  3.) 

Sect.  8,  last  paragraph  of  clause  (1)  revised,  1943,  265. 

Sect.  14,  paragraph  contained  in  lines  65-73  amended,  1943,  216  §  1; 
paragraph  contained  in  lines  74-86  amended,  1943,  216  §  2. 

Sect.  68  amended,  1943,  90. 

Sect.  97A  added,  1943,  463  (relative  to  the  disposition  by  counties  of 
revenue  received  from  the  federal  government  by  reason  of  federal  wild- 
life refuges  situated  therein). 

Sect.  101  revised,  1943,  100. 

Chapter  132.  —  Forestry. 

Sect.  1  amended,  1937,  415  §  2;  1941,  490  §  36. 
Sect.  5  repealed,  1932,  180  §  27. 
Sect.  6  revised,  1941,  455. 
Sect.  11  revised,  1937,  415  §  3. 


Chaps.  132A-138.]  GENERAL  LawS.  941 

Sect.  12  amended,  1937,  415  §  4. 
Sect.  13  revised,  1935,  87;  amended,  1937,  415  §  5. 
Sect.  14  revised,  1937,  415  §  6. 
Sect.  17  amended,  1937,  415  §  6A. 
Sect.  18  amended,  1937,  415  §  6B. 
Sect.  22  amended,  1937,  415  §  7. 
Sect.  25  revised,  1937,  415  §  8. 
Sect.  26  amended,  1937,  415  §  9. 
Sect.  27  amended,  1937,  415  §  10. 
Sect.  28  amended,  1937,  415  §  11. 

Sect.  33  amended,  1935,  373;   1936,  415  §  1.     (See  1936,  415  §  3.) 
Sect.  34,  new  paragraph  added  at  end,  1935,  233. 
Sect.  36  revised,  1936,  415  §  2.     (See  1936,  415  §  3.) 
Sects.  40^5  added,  under  caption  "Forest  Cutting  Practices",  1943, 
539. 

Chapter  132A.  —  State  Parks  and  Reservations  Outside  of  the  Metropolitan 

Parks  District. 

Sect.  2  amended,  1941,  490  §  37. 
Sect.  7  revised,  1941,  722  §  11. 
Sect.  9  amended,  1933,  75  §  4. 

Chapter  135.  —  Unclaimed  and  Abandoned  Property. 

Sect.  8  amended,  1938,  98  §  1. 
Sect.  9  amended,  1938,  98  §  3. 
Sect.  11  amended,  1938,  98  §  2. 

Chapter  136.  —  Observance  of  the  Lord's  Day. 

Sect.  2  amended,  1933,  150  §  1;  1934,  63;  1935,  78. 

Sect.  4A  added,  1933,  150  §  2  (relative  to  the  licensing  of  certain 
enterprises  to  be  held  on  the  Lord's  day  at  amusement  parks  and  beach 
resorts);  revised,  1933,  309  §  1.     (See  1933,  309  §  2.) 

Sect.  6,  second  and  third  paragraphs  amended,  1934,  328  §  7;  fourth 
paragraph  amended,  1932,  96;  1934,  354;  paragraph  added  at  end,  1933, 
150  §  3;  section  revised,  1934,  373  §  6;  third  paragraph  amended,  1936, 
129;  1937,  286;  fourth  paragraph  amended,  1938,  143;  same  para- 
graph revised,  1943,  473. 

Sect.  7  amended,  1934,  328  §  8;  revised,  1934,  373  §  7. 

Sect.  8  amended,  1937,  124. 

Sect.  13  amended,  1932,  105. 

Sect.  17,  sentence  added  at  end,  1933,  150  §  4;  section  amended, 
1934,  55;  revised,  1938,  60. 

Sect.  21  revised,  1935,  104,  169. 

Sect.  22.    See  1933,  136;  1935,  49. 

Chapter    138.  —  Alcoholic    Liquors    (Old    Title,    Intoxicating   Liquors    and 
Certain  Non-Intoxicating  Beverages). 

Beer  bill,  so  called,  1933,  120  (amended  by  1933,  216,  234,  346). 
(See  also  1933,  Res.  47.) 

Act  providing  for  a  convention  to  act  upon  a  proposed  amendment 


942  Changes  in  the  [Chap.  138. 

to  the  constitution  of  the  United  States  relative  to  the  repeal  of  the 
eighteenth  amendment,  1933,  132. 

The  following  references  are  to  chapter  138,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  1,  paragraph  in  lines  4-7  amended,  1933,  97  §  1.     (See  1933, 
97  §  3,  346  §  9.) 
Sect.  2  affected,  1933,  120  §  53. 
Sect.  3  amended,  1933,  97  §  2.     (See  1933,  97  §  3,  346  §  9.) 

Chapter  stricken  out,  and  new  chapter  138  inserted,  1933,  376  §  2. 
The  following  references  are  to  the  new  chapter  138: 

Sect.  1,  new  paragraph  (definition  of  "Alcohol")  added,  1935,  440 
§  1;  definition  of  "Restaurant"  amended,  1936,  368  §  1;  eighth  para- 
graph (definition  of  "Club"),  revised,  1934,  385  §  1;  definition  of 
"Tavern"  amended,  1934,  121  §  1;  1935,  253  §  1;  definition  of  "Wines" 
revised,  1941,  637  §  1.     (See  1941,  637  §  3.) 

Sect.  2  revised,  1934,  305,  372  §  4;  1935,  440  §  2;  first  sentence 
revised,  1939,  470  §  1;   1943,  542  §  1. 

Sect.  3  amended,  1935,  440  §  3. 

Sect.  4  amended,  1934,  385  §  2. 

Sect.  7  amended,  1935,  440  §  4. 

Sect.  10  amended,  1935,  440  §  5. 

Sect.  lOA  revised,  1943,  542  §  2. 

Sect.  lOB  added,  1934,  370  §  11  (authorizing  the  alcoholic  beverages 
control  commission  to  remove  a  member  of  a  local  licensing  board 
under  certain  conditions). 

Sect.  11  revised,  1936,  207  §  1.     (See  1935,  281.) 

Sect.  IIA,  first  paragraph  amended,  1934,  142  §  1;  paragraph  in- 
serted, 1934,  142  §  2;  paragraph  added  at  end,  1934,  142  §  3;  section 
revised,  1934,  211  §  1;  last  paragraph  stricken  out,  1935,  440  §  6.    (See 

1934,  142  §  4,  211  §  2.) 

Sect.  12,  first  paragraph  amended,  1934,  121  §  2;  last  sentence  of 
first  paragraph  revised,  1934,  370  §  1 ;  second  paragraph  amended,  1934, 
121  §  2;  sentence  contained  in  lines  42-53  revised,  1934,  370  §  2;  section 
revised,  1934,  385  §  3;  first  paragraph  amended,  1935,  253  §  2;  revised, 

1935,  440  §  7;  new  paragraph  inserted  after  first  paragraph,  1935,  253 
§  3 ;  proviso  contained  in  lines  46-48  stricken  out,  1935,  253  §  4 ;  third 
paragraph  revised,  1935,  440  §  8;  next  to  last  paragraph  stricken  out, 

1935,  440  §  9 ;  section  revised,  1935,  468  §  1 ;  first  paragraph  amended, 

1936,  207  §  2;  last  sentence  of  first  paragraph  revised,  1937,  331;  1943, 
542  §  3;  second  paragraph  revised,  1936,  368  §  2;  amended,  1943,  542 
§  4;  paragraph  added  at  end,  1937,  264.     (See  1943,  542  §  20.) 

Sect.  13,  last  two  sentences  stricken  out,  1934,  385  §  4;  section  re- 
vised, 1935,  440  §  10. 

Sect,  14  amended,  1934,  370  §  3;  paragraph  added  at  end,  1935, 
440  §  11. 

Sect.  15,  first  paragraph  amended,  1934,  385  §  5;  revised,  1935, 
440  §  12;  last  paragraph  revised,  1934,  370  §  4;  last  sentence  revised, 
1936,  225  §  1;  second  paragraph  revised,  1938,  353. 

Sect.  15A  added,  1934,  370  §  5  (relative  to  the  pubUcation  of  appli- 
cations for  original  ficenses);  revised,  1935,  440  §  13;  1939,  414; 
amended,  1943,  542  §  5. 

Sect.  16  revised,  1936,  368  §  3. 

Sect.  16A  revised,  1934,  385  §  6;  1937,  424  §  1. 


Chap.  138.]  GENERAL  LaWS.  943 

Sect.  16B  revised,  1935,  440  §  14;  paragraph  added  at  end,  1937, 
291;  section  revised,  1937,  424  §  2;  second  paragraph  revised,  1939,  92; 
section  amended,  1943,  542  §  6. 

Sect.  17,  second  proviso  of  first  paragraph  amended,  1934,  385  §  7; 
first  paragraph  amended,  1935,  81;  last  paragraph  revised,  1934,  83; 
section  revised,  1935,  440  §  15;  first  paragraph  amended,  1936,  136, 
245;  1937,  14  §  1;  second  paragraph  revised,  1936,  199;  paragraph 
added  after  the  second  paragraph,  1936,  368  §  4;  section  revised,  1937, 
424  §  3;  paragraph  in  h'nes  106-118  revised,  1939,  263;  paragraph  in 
Hnes  119-122  revised,  1941,  522.    (See  1937,  14  §  2.) 

Sect.  18,  first  paragraph  revised,  1935,  440  §  16;  first  sentence  re- 
vised, 1943,  542  §  7;  two  paragraphs  added,  1934,  385  §  8;  paragraph 
added  at  end,  1943,  542  §  8. 

Sect.  18A  added,  under  caption  "selling  agents  of  foreign  im- 
porters AND  manufacturers",  1934,  312;  first  paragraph  revised, 
1935,  440  §  17. 

Sect.  18B  added,  1943,  542  §  9  (relative  to  the  issuance  of  certificates 
of  compliance  to  persons  licensed  outside  the  commonwealth  to  export 
and  sell  alcoholic  beverages  to  licensees  under  this  chapter). 

Sect.  19,  first  paragraph  revised,  1935,  440  §  18;  second  paragraph 
amended,  1934,  385  §  9;  last  paragraph  amended,  1934,  385  §  10;  1935, 
440  §  19;  paragraph  added  at  end,  1936.  368  §  5. 

Sect.  19A  added,  1934,  385  §  11  (relative  to  the  licensing  of  sales- 
men for  manufacturers  and  for  wholesalers  and  importers);  revised, 
1935,  440  §  20. 

Sect.  20  revised,  1934,  385  §  12;  first  paragraph  amended,  1936,  368 
§  6;  paragraph  inserted,  1936,  368  §  7;  section  revised,  1943,  542  §  10. 

Sect.  20A  added,  1937,  424  §  4  (relative  to  granting  permits  to  pub- 
lic warehousemen  to  store  and  warehouse  alcoholic  beverages). 

Sect.  21  revised,  1934,  385  §  13;  first  paragraph  amended,  1935, 
440  §  21;  first  six  paragraphs  revised,  1936,  411  §  1;  1939,  367  §  1; 
first  paragraph  (as  appearing  in  1939,  367  §  1)  amended,  1943,  542  §  11; 
third  paragraph  (as  so  appearing)  stricken  out  and  two  new  paragraphs 
inserted,  1941,  637  §  2;  sixth  paragraph  (as  so  appearing)  revised,  1943, 
36;  next  to  the  last  paragraph  (as  appearing  in  1934,  385  §  13) 
amended,  1936,  368  §  8;  last  paragraph  (as  so  appearing)  revised,  1939, 
451  §  55;  paragraph  added  at  end,  1939,  394.  [Temporary  additional 
excise,  1939,  434;  1941,  339;  1943,  423.]  (See  1936,  411  §  2;  1939, 
367  §  2;   1941,  637  §  3.) 

Sect.  22  revised,  1934,  385  §  14;  1935,  440  §  22;  fourth  and  fifth 
paragraphs  stricken  out  and  new  paragraph  inserted,  1937,  418. 

Sect.  22A  added,  1934,  385  §  15  (providing  for  the  granting  by  the 
alcoholic  beverages  control  commission  in  certain  cases  of  permits  to 
sell  alcoholic  beverages). 

Sect.  23,  sentence  added  at  end  of  fourth  paragraph,  1934,  370  §  6; 
last  paragraph  amended,  1934,  245;  section  revised,  1934,  385  §  16; 
fifth  paragraph  amended,  1935,  253  §  5;  last  four  paragraphs  stricken 
out,  and  five  new  paragraphs  inserted,  1935,  440  §  23;  second  of  the 
paragraphs  so  inserted  revised,  1941,  578;  fourth  paragraph  revised, 
1938,  238;  sentence  added  at  end  of  next  to  last  paragraph,  1939, 
470  §  2;   section  revised,  1943,  542  §  12. 

Sect.  24,  first  sentence  amended,  1934,  232;  section  revised,  1943, 
542  §  13. 


944  Changes  in  the  [Chap.  139. 

Sect.  26,  first  paragraph  amended,  1935,  440  §  24. 

Sect.  27  revised,  1934,  301  §  1;  amended,  1934,  385  §  23;  revised, 
1935,  442;  amended,  1936,  436  §  3;  revised,  1936,  438;  1941,  729  §  13. 
(See  1936,  436  §  4;  1941,  729  §  15.) 

Sect.  28  amended,  1934,  112. 

Sect.  29  revised,  1935,  440  §  25. 

Sect.  30  amended,  1935,  83  §  1 ;   1943,  542  §  14.    (See  1935,  83  §  2.) 

Sect.  30A  revised,  1934,  370  §  7;  1935,  440  §  26. 

Sect.  30B  amended,  1935,  440  §  27;  paragraph  added  at  end,  1936, 
368  §  9. 

Sect.  30D  amended,  1935,  440  §  28. 

Sect.  30E,  first  paragraph  amended,  1935,  440  §  29. 

Sect.  30F  revised,  1935,  440  §  30. 

Sect.  30G  amended,  1935,  440  §  31. 

Sect.  30H  added,  1935,  440  §  32  (possession  or  transportation  of 
alcoholic  beverages  or  alcohol  under  certain  circumstances  deemed  prima 
facie  evidence  of  violation  of  law). 

Sect.  31  amended,  1935,  440  §  33;  revised,  1936,  368  §  10. 

Sect.  32  amended,  1934,  370  §  8. 

Sect.  33  revised,  1934,  370  §  9;  amended,  1935,  468  §  2;  last  sentence 
revised,  1936,  225  §  2;  section  amended,  1937,  268;   1941,  356. 

Sect.  34  amended,  1935,  440  §  34;  revised,  1936,  171;  1937,  424  §  5; 
amended,  1943,  542  §  15. 

Sect.  34A  added,  1935,  146  (relative  to  procuring  by  false  repre- 
sentation sales  or  delivery  of  alcoholic  beverages  to  minors);  revised, 
1935,  440  §  35. 

Sect.  36  amended,  1934,  385  §  17. 

Sect.  37  revised,  1934,  385  §  18. 

Sect.  38  amended,  1941,  199. 

Sects.  42-55  affected,  1935,  440  §  36. 

Sect.  42,  paragraph  added  at  end,  1935,  440  §  36. 

Sect.  46  amended,  1934,  370  §  10;   1935,  440  §  37. 

Sect.  56  revised,  1935,  440  §  38;   1936,  368  §  11. 

Sect.  57  revised,  1936,  368  §  12. 

Sect.  62  amended,  1935,  440  §  39. 

Sect.  63,  first  sentence  revised,  1934,  385  §  19;  section  revised,  1935, 
440  §  40;   1936,  368  §  13. 

Sect.  63A  revised,  1935,  440  §  41;   1943,  542  §  16. 

Sect.  64  revised,  1934,  385  §  20. 

Sect.  65  revised,  1943,  542  §  17. 

Sect.  67  amended,  1934,  385  §  21;  revised,  1935,  440  §  42;  amended, 
1938,  400;  first  paragraph  amended,  1943,  542  §  18. 

Sect.  70  revised,  1934,  301  §  2. 

Sects.  72-75  repealed,  1934,  372  §  1. 

Sect.  76  revised,  1934,  372  §  2;  next  to  last  sentence  revised,  1934, 
385  §  22;  section  revised,  1935,  440  §  43. 

Sect.  77  revised,  1943,  542  §  19. 

Chapter  139.  —  Common  Nuisances. 

Sect.  14,  caption  amended,  1934,  328  §  9;  section  amended,  1934, 
328  §  10. 

Sect.  16  amended,  1934,  328  §  11. 


Chap.  140.]  GENERAL   LawS.  945 

Sect.  16A  amended,  1934,  328  §  12. 
Sect.  17  repealed,  1934,  328  §  13. 
Sect.  19  amended,  1934,  328  §  14. 
Sect.  20  amended,  1934,  328  §  15. 

Chapter  140.  —  Licenses. 

For  legislation  providing  for  the  temporary  licensing  of  distributors 
and  dealers  in  cigarettes  and  cigarette  vending  machines,  see  1941.  417- 
1943,407. 

Sect.  4  amended,  1934,  171  §  1. 

Sect.  6  amended,  1937,  424  §  6;  revised,  1941,  439  §  1. 

Sect.  6A  added,  1937,  424  §  7  (providing  for  the  granting  of  com- 
mon victuallers'  hcenses  and  licenses  to  sell  alcoholic  beverages  upon 
condition  that  licensed  premises  are  equipped  and  furnished  according 
to  plans  and  estimates  approved  in  advance);  repealed,  1941,  439  §  2. 

Sect.  8  amended,  1936,  368  §  14;   revised,  1943,  328. 

Sect.  9A  added,  1939,  431  (relative  to  the  keeping  of  the  premises  of 
common  victuallers  open  for  business). 

Sect.  10  amended,  1935,  167. 

Sect.  12  revised,  1932,  86;   1933,  92;   1943,  31. 

Sects.  21E  and  21F  added,  under  caption  "organizations  dis- 
pensing   FOOD    OR    beverages    TO    MEMBERS    AND    GUESTS ",    1933,    284 

(providing  for  the  regulation  of  such  organizations). 

Sect.  21E,  last  sentence  revised,  1934,  328  §  16;  affected,  1934,  328 
§  17. 

Sects.  32A-32E  added,  1939,  416  (requiring  the  licensing  of  recrea- 
tional camps,  overnight  camps  or  cabins  and  trailer  camps). 

Sect.  32B  amended,  1941,  396. 

Sect.  48  repealed,  1937,  342  §  2. 

Sect.  51  amended,  1932,  275;  1935,  428  §  3;  1936,  55  §  1;  revised, 
1941,  626  §  12.    (See  1935,  428  §§  6,  7;  1936,  55  §  2.) 

Sect.  52  amended,  1935,  428  §  4.     (See  1935,  428  §  7.) 

Sect.  55  amended,  1938,  59. 

Sect.  59  amended,  1934,  254  §  1;   1938,  96.    (See  1934,  254  §  2.) 

Sect.  71  revised,  1943,  154. 

Sect.  90,  three  sentences  added  at  end,  1934,  179  §  1. 

Sect.  96,  sentence  added  at  end,  1934,  179  §  2;  section  amended. 
1941,  158  §  1.     (See  1941,  158  §§  2,  3.) 

Sect.  121  amended,  1934,  359  §  1. 

Sect.  131  revised,  1936,  302. 

Sect.  131C  added,  1934,  246  (prohibiting  persons  licensed  to  carry 
pistols  and  revolvers  from  carrying  the  same  in  vehicles  unless  said 
weapons  are  under  their  control  therein). 

Sect.  133  amended,  1939,  451  §  56. 

Sect.  136A,  under  caption  "dogs",  added,  1934,  320  §  1  (definitions 
of  certain  words  and  phrases  in  sections  137-175);  amended,  1943. 
Ill  §  1.     (See  1934,  320  §  34.) 

Sect.  137  amended,  1932,  289  §  1;  revised  (and  caption  stricken 
out)  1934,  320  §  2;  revised,  1943,  111  §  2.     (See  1934,  320  §  34.) 

Sects.  137A-137C  added,  1934,  320  §  3  (relative  to  kennel  licenses 
and  regulating  holders  of  such  hcenses).    (See  1934,  320  §  34.) 


946  Changes  in  the  [Chap.  140. 

Sect.  137A,  paragraph  added  at  end,  1937,  95;  first  paragraph  stricken 

out  and  three  paragraphs  inserted,  1943,  111  §  3. 
Sect.  137C  revised,  1939,  206. 
Sect.  138  revised,  1934,  320  §  4;  1938,  92;  1943,  111  §  4.    (See  1934, 

320  §  34.) 

Sect.  139  amended,  1934,  320  §  5;  sentence  added  at  end,  1939,  23; 

sentence  added  at  end,  1941,  132.     (See  1934,  320  §  34.) 
Sect.  140  repealed,  1934,  320  §  6.     (See  1934,  320  §  34.) 
Sect.  141  revised,  1934,  320  §  7.     (See  1934,  320  §  34.) 
Sects.  142-144  repealed,  1934,  320  §  8.     (See  1934,  320  §  34.) 
Sect.  145  amended,  1932,  289  §  2. 
Sect.  145A  added,  1932,  289  §  3  (relative  to  the  furmshmg  of  anti- 

rabic  vaccine);  revised,  1934,  320  §  9;  1937,  375;  last  sentence  revised, 

1939,  42.     (See  1934,  320  §  34.)  ^    ^  ^ 

Sect.  146  revised,  1934,  320  §  10;  1941,  133  §  1.    (See  1934,  320  §  34.) 
Sect.  147  revised,  1932,  289  §  4;  1934,  320  §  11;  amended,  1941,  133 

§  2.     (See  1934,  320  §  34.)  ^       ^    . 

Sect.  148  repealed,  1932,  289  §  6.    (See  G.  L.  chapter  41  §  13A,  m- 

serted  by  1932,  289  §  5.)  ^       ^ 

Sect.  150  revised,  1934,  320  §  12.  (See  1934,  320  §  34.) 
Sect.  151  revised,  1934,  320  §  13.  (See  1934,  320  §  34.) 
Sect.  151 A  added,  1934,  320  §  14  (powers  and  duties  of  dog  officers 

under  annual  warrants  from  mayors  or  selectmen).     (See  1934,  320 

Sect.  152  revised,  1934,  320  §  15.     (See  1934,  320  §  34.) 

Sect.  153  revised,  1934,  320  §  16.     (See  1934,  320  §  34.) 

Sect.  154  repealed,  1934,  320  §  17.     (See  1934,  320  §  34.) 

Sect.  155  revised,  1934,  320  §  18.     (See  1934,  320  §  34.) 

Sect.  156  revised,  1934,  320  §  19.     (See  1934,  320  §  34.) 

Sect.  157  revised,  1934,  320  §  20.     (See  1934,  320  §  34.) 

Sect.  158  revised,  1934,  320  §  21.     (See  1934,  320  §  34.) 

Sect.  159  revised,  1934,  320  §  22.     (See  1934,  320  §  34.) 

Sect.  160  revised,  1934,  320  §  23.     (See  1934,  320  §  34.) 

Sect   161,   first  two  sentences  amended,    1932,   289   §  7;    section 

amended,  1934,  320  §  24.     (See  1934,  320  §  34.) 

Sect.  161A  added,  1934,  320  §  25  (reimbursement  for  damages  by 

dogs  regulated).     (See  1934,  320  §  34.) 

Sect  162  revised,  1934,  320  §  26.     (See  1934,  320  §  34.) 

Sect.  163  amended,  1934,  320  §  27.     (See  1934,  320  §  34.) 

Sect.  164  amended,  1934,  320  §  28.     (See  1934,  320  §  34.) 

Sect.  165  revised,  1934,  320  §  29.     (See  1934,  320  §  34.) 

Sect.  166  amended,  1934,  320  §  30.     (See  1934,  320  §  34.) 

Sect.  170  amended,  1934,  320  §  31.     (See  1934,  320  §  34.) 

Sect.  171  revised,  1934,  320  §  32.     (See  1934,  320  §  34.) 

Sect.  172  revised,  1932,  289  §  8.  ..„    «o      /o 

Sect.  175  revised,  1932,  289  §  9;    1934,  320  §  33;    1943,  93.     (See 

1934,  320  §  34.) 
Sects.    180A-180D    added,   under   caption   "theatrical   booking 

AGENTS,   PERSONAL  AGENTS  AND   MANAGERS",    1935,   378    (providing  foP 

the  licensing  and  bonding  of  certain  theatrical  booking  agents,  per- 
sonal agents  and  managers). 

Sect.  181.     Affected  by  1935,  454  §  8. 


Chaps,  141-143.]  GENERAL  LawS.  947 

Sect.  183A  amended,  1935,  102  §  1;  1936,  71  §  1.    (See  1935,  102  §  2.) 
Sect.  183B  repealed,  1936,  71  §  2. 
Sect.  184  amended,  1934,  328  §  18. 

Sect.  185A  amended,  1936,  279;  paragraph  added  at  end,  1941,  247. 
Sect.  185H  added,  1939,  253  (relative  to  the  licensing  and  supervision 
of  dancing  schools,  so  called). 

Sect.  186  amended,  1936,  169  §  1. 
Sect.  187  amended,  1936,  169  §  2. 
Sect.  202  revised,  1936,  169  §  3. 

Chapter  141.  —  Supervision  of  Electricians. 

Sect.  1,  first  paragraph  amended,  1943,  308. 
Sect.  3,  clause  (4)  amended,  1934,  347  §  1. 

Chapter  142.  —  Supervision  of  Plumbing. 

Sect.  6  revised,  1934,  347  §  2. 

Sect.  13  amended,  1934,  284. 

Sect.  17  revised,  1936,  234;  1941,  518  §  1. 

Sect.  18  revised,  1941,  518  §  2. 

Sect.  19  revised,  1941,  518  §  3. 

Sect.  21  added,  1938,  302  (providing  for  regulation  of  plumbing  in 
buildings  owned  and  used  by  the  commonwealth). 

Sect.  22  added,  1941,  518  §  4  (providing  for  the  enforcement  of  cer- 
tain laws  relative  to  the  marking,  construction  and  installation  of  hot 
water  tanks). 

Chapter  143.  —  Inspection  and  Regulation  of,  and  Licenses  for,  Buildings, 
Elevators  and  Cinematographs. 

Sect.  1,  definition  of  "Inspector"  amended,  1943,  544  §  7B;   defini- 
tion of  "Place  of  assembly"  inserted  after  paragraph  in  lines  12-14, 
1943,  546  §  1;  definition  of  "Special  hall"  revised,  1941,  694. 
Sect.  3  revised,  1943,  544  §  2. 

Sects.  3A-3H  added,  1943,  544  §  2  (providing  for  rules  and  regula- 
tions for  protecting  life  and  limb  in  places  of  assembly  and  for  the  en- 
forcement of  laws,  rules  and  regulations,  ordinances  and  by-laws  for 
protecting  the  same  therein).  (See  1943,  544  §§  7A  and  8.) 
Sects.  15  and  16  amended,  1943,  544  §  3.  (See  1943,  544  §  7A.) 
Sect.  21  amended,  1943,  544  §  3;  revised,  1943,  546  §  2.  (See  1943, 
544  §  7A,  546  §  5.) 

Sects.  21A  and  21B  added,  1943,  546  §  3  (further  regulating  the 
means  of  ingress  to  and  egress  from  places  of  assembly  and  certain 
other  places).     (See  1943,  546  §§  5  and  6.) 

Sects.  24-33  amended,  1943,  544  §  3.     (See  1943,  544  §  7A.) 
Sect.  34  revised,  1943,  544  §  4.     (See  1943,  544  §  7A.) 
Sect.  43  amended,  1943,  544  §  3.     (See  1943,  544  §  7A.) 
Sects.  45  and  46  amended,  1943,  544  §  3.    (See  1943,  544  §  7A.) 
Sect.  49  amended,  1943,  544  §  3.     (See  1943,  544  §  7A.) 
Sects.  51  and  52  amended,  1943,  544  §  3.    (See  1943,  544  §  7A.) 
Sect.  54  revised,  1943,  544  §  5.     (See  1943,  544  §  7A.) 
Sect.  59  revised,  1943,  544  §  6.     (See  1943,  544  §  7A.) 


948  Changes  in  the  [Chaps.  145-147. 

Sect.  74  revised,  1941,  553  §  1.     (See  1941,  553  §  9.) 
Sect.  75  revised,  1941,  553  §  2.     (See  1941,  553  §  9.) 
Sect.  76  revised,  1941,  553  §  3.     (See  1941,  553  §  9.) 
Sects.  77  and  78  repealed,  1941,  553  §  4.     (See  1941,  553  §  9.) 
Sect.  79  revised,  1941,  553  §  5.     (See  1941,  553  §  9.) 
Sect.  80  repealed,  1941,  553  §  4.     (See  1941,  553  §  9.) 
Sect.  82  amended,  1941,  553  §  6.     (See  1941,  553  §  9.) 
Sect.  85  amended,  1941,  553  §  7.     (See  1941,  553  §  9.) 
Sect.  86  amended,  1941,  553  §  8.     (See  1941,  553  §  9.) 

Chapter  145.  —  Tenement  Houses  in  Towns. 

Sect.  17A  added,  1934,  168  (relative  to  the  erection  of  garages  in  the 
yards  of  certain  tenement  houses). 

Chapter  146.  —  Inspection  of  Boilers,  Air  Tanks,  etc..  Licenses  of  Engineers, 
Firemen,  and  Operators  of  Hoisting  Machinery. 

Sect.  2  amended,  1941,  459. 

Sect.  16  revised,  1932,  180  §  28. 

Sect.  34  revised,  1938,  319  §  1. 

Sect.  35  amended,  1938,  319  §  2. 

Sect.  50  amended,  1935,  67. 

Sect.  67  revised,  1941,  525  §  1.     (See  1941,  525  §  2.) 

Chapter  147.  —  State  and  Other  Police,  and  Certain  Powers  and  Duties  of 
the  Department  of  Public  Safety. 

Sect.  4B  added,  1939,  116  (providing  that  local  police  authorities 
and  district  attorneys  be  furnished  with  information  relative  to  certain 
persons  charged  with  or  convicted  of  sex  crimes,  so  called,  upon  their 
release  or  discharge  from  certain  institutions). 

Sect.  8A  added,  1938,  296  (authorizing  the  carrying  of  certain 
weapons  by  sheriffs,  deputy  sheriffs  and  special  sheriffs,  and  certain 
officers  in  the  department  of  correction);   revised,  1939,  174. 

Sect.  10  amended,  1934,  23. 

Sects.  13B  and  13C  added,  1939,  419  §  2  (providing  for  the  ultimate 
abolition  of  reserve  police  forces  in  certain  cities  and  towns). 

Sect.  16A  added,  1937,  85  §  1  (providing  for  one  day  off  in  every 
seven  days  for  police  officers  in  certain  cities  and  towns) ;  revised,  1938, 
426  §  1. 

Sect.  16B  added,  1938,  426  §  2  (providing  for  one  day  off  in  every 
six  days  for  police  officers  of  certain  cities  and  towns). 

Sect.  17  amended,  1937,  85  §  2;  1938,  426  §  3. 

Sect.  19,  sentence  added  after  the  first  sentence,  1939,  256  §  2.  (See 
1939,  256  §  3.) 

Sects.  25A-25C  added,  1937,  437  §  1  (relative  to  promoting  peaceful 
industrial  relations  by  regulating  certain  forms  of  private  police  and 
detective  activity  in  labor  disputes  and  related  matters). 

Sect.  26  amended,  1937,  437  §  2. 

Sect.  30  revised,  1937,  437  §  3. 

Sect.  32  revised,  1935,  262  §  1. 

Sect.  33  amended,  1935,  262  §  2. 

Sect.  35  revised,  1934,  69. 

Sect.  36  revised,  1932,  79. 


Chaps.  148,  149.]  GENERAL  LaWS.  949 


Chapter  148.  —  Fire  Prevention. 

Sect.  1,  definition  of  "local  licensing  authority"  amended,  1932,  102. 

Sect  lOA  added,  1932,  75  (relative  to  the  granting  of  certain  permits 
and  the  making  of  certain  inspections  by  municipal  officers  designated 
by  the  state  fire  marshal). 

Sect.  13,  first  paragraph  amended,  1932,  22  §  1;  section  amended, 
1935,  123  §  1;  revised,  1936,  394  §  1;  third  paragraph  amended,  1939, 
333;  last  paragraph  amended,  1938,  99.  (See  1932,  22  §  2;  1936,  394 
§§  2,  3.) 

Sect.  14  amended,  1938,  103. 

Sect.  16  amended,  1941,  288. 

Sect.  18  repealed,  1934,  182  §  2. 

Sect.  23  amended,  1935,  123  §  2. 

Sect.  27A  added,  1932,  283  (relative  to  the  protection  of  life  and 
property  from  fire  hazards  incident  to  the  present  industrial  emer- 
gency). 

Sect.  28,  paragraph  L  amended,  1943,  546  §  4.    (See  1943,  546  §  5.) 

Sect.  29  amended,  1939,  205. 

Sect.  38A  added,  1938,  95  (prohibiting  the  removal  of  certain  gaso- 
line tanks  without  a  permit). 

Sect.  39  revised,  1943,  291  §  1. 

Sect.  39A  added,  1943,  291  §  2  (authorizing  the  making  of  rules  and 
regulations  for  the  granting  of  permits  for  supervised  displays  of  fire- 
works) . 

Sect.  49A  added,  1934,  182  §  1  (relative  to  the  inspection  of  kerosene 
or  any  product  thereof  kept  for  sale  for  illuminating,  heating  or  cook- 
ing purposes). 

Sect.  50  amended,  1943,  291  §  3. 

Sect.  53  repealed,  1943,  291  §  4. 

Chapter  149.  —  Labor  and  Industries. 

For  temporary  legislation  authorizing  the  commissioner  of  labor  and 
industries  to  suspend  certain  laws,  rules  and  regulations  relative  to  the 
employment  of  women  and  minors  when  necessary  to  provide  relief 
from  conditions  resulting  from  the  present  shortage  of  man  power,  see 
1943,  382. 

For  legislation  relative  to  interstate  compacts  affecting  labor  and  in- 
dustry, see  1933,  Res.  44;  1934,  383,  Res.  25;  1935,  315  §§  1-3;  1936, 
Res.  68;  1937,  404;  1943,  255. 

Sect.  1,  paragraph  defining  "co-operative  courses"  amended,  1939, 
461  §  4;  paragraph  defining  "discrimination"  inserted,  1937,  367  §  1; 
paragraph  defining  "employment  permit",  "permit  for  employment" 
or  "employment  certificate"  inserted,  1939,  461  §  4A;  paragraph  defin- 
ing "mercantile  establishments"  amended,  1936,  78. 

Sect.  6  amended,  1934,  132  §  1;   1937,  249.    (See  1934,  132  §  2.) 

Sect.  8  amended,  1943,  441. 

Sect.  11  amended,  1935,  328. 

Sect.  20A  added,  1933,  351  §  1  (relative  to  the  judicial  enforcement 
of  certain  contracts  relative  to  membership  in  labor  or  employers'  or- 
ganizations).    (See  1933,  351  §  2.) 

Sects.  20B  and  20C  added,  1935,  407  §  1  (regulating  the  Uabihty  of 


950  Changes  in  the  [Chap.  149. 

labor  unions  and  others  involved  in  labor  disputes,  and  defining  labor 
disputes  and  other  terms  used  in  connection  therewith).  (See  1935, 
407  §  6.) 

Sect.  20C.  See  1937,  436  §  10;  G.  L.  150A  §  6  (h)  inserted  by  1938, 
345  §  2. 

Sect.  23  amended,  1935,  114. 

Sect.  23A  added,  1934,  233  (regulating  the  employment  of  armed 
guards  in  connection  with  strikes,  lockouts  and  other  labor  troubles). 

Sect.  24  amended,  1933,  272. 

Sects.  24A-24J  added,  under  the  caption  "disceimination  against 
certain  persons  in  employment  on  account  of  age",  1937,  367  §  2. 

Sects.  26  and  27  stricken  out,  and  new  sections  26-27D  added,  1935, 
461  (relative  to  preference  and  minimum  wages  of  veterans  and  others 
in  certain  employments  on  certain  public  works). 

Sect.  26,  paragraph  added  at  end,  1937,  346;  same  paragraph  re- 
vised, 1938,  413. 

Sect.  27E  added,  1938,  67  (establishing  residential  requirements  to 
be  observed  in  the  emploj^ment  of  certain  persons  by  the  department 
of  pubhc  works). 

Sect.  29  amended,  1935,  217  §  2;  revised,  1935,  472  §  2;   1938,  361. 

Sect.  30  revised,  1936,  367  §  1. 

Sect.  34  amended,  1936,  367  §  2. 

Sect.  34A  added,  1938,  438  (requiring  contractors  on  public  buildings 
and  other  public  works  to  provide  and  continue  in  force,  during  the  full 
term  of  the  contract,  insurance  under  the  Workmen's  Compensation 
Law,  so  called). 

Sect.  34B  added,  1939,  252  (regulating  the  rate  of  compensation 
paid  to  reserve  police  officers  by  contractors  on  certain  public  works). 

Sect.  36  amended,  1942,  1  §  7.    (See  1942,  1  §  9.) 

Sect.  39  revised,  1935,  444  §  1.    (See  1935,  444  §  2.) 

Sects.  44A-44D  added,  1939,  480  (requiring  fair  competition  for 
bidders  on  the  construction,  reconstruction,  alteration,  remodelling  or 
repair  of  certain  public  works  by  the  commonwealth  or  any  political 
subdivision  thereof). 

Sect.  44A  revised,  1941,  699  §  1. 

Sect.  44C,  subsection  (B)  revised,  1941,  699  §  2;  subsection  (D) 
amended,  1941,  699  §  3;  first  paragraph  of  subsection  (E)  revised,  1941, 
699  §  4;  sentence  added  at  end  of  subsection  (E),  1941,  699  §  5;  last 
paragraph  of  "Draft  of  Proposal  Form"  amended,  1941,  699  §  6;  para- 
graph contained  in  lines  14-18  of  the  "Proposal  Form  (Sub-Bidder)" 
amended,  1941,  699  §  7. 

Sect.  48  revised,  1935,  185,  423  §  3;  amended,  1938,  320;  revised, 
1939  235  §  1. 

Sect.  49  amended,  1937,  221;  revised,  1938,  295. 

Sect.  50  revised,  1933,  225;  amended,  1935,  423  §  1. 

Sect.  50A  added,  1935,  423  §  2  (making  one  day's  rest  in  seven  law 
applicable  to  watchmen  and  employees  maintaining  fires  in  certain 
establishments) . 

Sect.  51  revised,  1939,  235  §  2. 

Sect.  56  amended,  1932,  110  §  1;  revised,  1935,  200;  first  sentence 
stricken  out  and  two  sentences  inserted,  1939,  377;  section  amended, 
1941,  574,  610  §  1.    (See  1941,  610  §§  2,  3.) 

Sect.  57  amended,  1932,  110  §  2. 


Chap.  149.]  GENERAL   LawS.  951 

Sect.  59  amended,  1933,  193  §  1;  1936,  170  §  1.  (For  temporary 
act,  authorizing  the  commissioner  of  labor  and  industries  to  suspend 
certain  provisions  relative  to  the  hours  of  employment  of  women  in 
the  textile  and  leather  industries,  see  1933,  347;  time  for  suspension 
as  to  the  textile  industry  extended,  1935,  429;  1936,  154;  1937,  153; 
1938,  68;   1939,  96;   J941,  154;   1943,  306.) 

Sect.  60  revised,  1935,  203;  paragraph  added  at  end,  1939,  193  §  1; 
section  revised,  1939,  273,  461  §  5.     (See  1939,  461  §  13.) 

Sect.  62,  clause  (13)  amended,  1934,  328  §  19. 

Sect.  65  amended,  1939,  352;  revised,  1939,  461  §  6. 

Sect.  66  amended,  1933,  193  §  2;   1936,  170  §  2;   1939,  255. 

Sect.  67  revised,  1939,  348. 

Sects.  69-73.     See  1934,  114. 

Sect.  69  amended,  1939,  461  §  7. 

Sect.  70,  sentence  added  at  end,  1939,  94. 

Sect.  73  revised,  1939,  461  §  8. 

Sect.  78  amended,  1934,  292  §  1. 

Sect.  84  amended,  1932,  180  §  29. 

Sect.  86  revised,  1939,  461  §  9. 

Sect.  87  revised,  1939,  461  §  10. 

Sect.  94  revised,  1939,  461  §  11. 

Sect.  100  amended,  1939,  280. 

Sect.  101  revised,  1938,  335. 

Sect.  104  amended,  1932,  27;  1939,  193  §  2. 

Sect.  113  revised,  1934,  255. 

Sect.  117  revised,  1935,  208. 

Sect.  135  amended,  1933,  64. 

Sects.  142A-142F  added,  under  caption  "benzol  and  mixtures 
CONTAINING  BENZOL ",  1933,  304  (regulating  the  sale,  distribution, 
storage  and  use  of  benzol  and  its  compounds). 

Sect.  142A  amended,  1935,  463  §  1. 

Sect.  142B  revised,  1935,  463  §  2. 

Sects.  143-147A,  and  the  heading  above  section  .143,  stricken  out, 
and  new  sections  143-147H  inserted,  under  the  heading  "industrial 
homework",  1937,  429. 

Sect.  147  amended,  1941,  539. 

Sect.  147A  added,  1932,  234  (requiring  the  furnishing  of  certain 
information  to  the  department  of  labor  and  industries  with  respect  to 
the  performance  of  certain  industrial  work  in  tenements  and  dwelling 
houses);  section  stricken  out  and  new  section  inserted,  1937,  429; 
amended,  1939,  461  §  12. 

Sect.  148,  last  sentence  amended,  1932,  101  §  1;  section  revised, 
1935,  350;  1936,  160;  paragraph  inserted  after  first  paragraph,  1943, 
467;  paragraph  inserted  after  third  paragraph,  1943,  378;  same  para- 
graph amended,  1943,  563. 

Sect.  150,  sentence  added  at  end,  1932,  101  §  2. 

Sect.  150A  added,  1938,  403  (requiring  employers  to  furnish  certain 
mformation  to  employees  relative  to  deductions  from  wages  for  social 
security  and  unemployment  compensation  benefits). 

Sect.  150B  added,  1943,  385  (prohibiting  labor  unions  from  requir- 
ing payment  of  certain  fees  as  a  condition  of  securing  or  continuing 
employment) . 

Sect.  156  amended,  1935,  363  §  1;  1941,  164.     (See  1935,  363  §  2.) 


952  Changes  in  the  [Chaps.  150-151. 

Sect.  157A  added,  1933,  268  (insuring  to  piece  or  job  workers  in 
factories  and  workshops  information  relative  to  their  compensation). 

Sect.  159A  added,  1937,  342  §  1  (to  prevent  the  misleading  of  patrons 
of  certain  places  as  to  the  beneficiaries  of  tips  given  to  hat-check  and 
cigarette  girls  and  the  hke). 

Sect.  178A  added,  1932,  175  (authorizing  the  payment  of  small 
amounts  of  wages  or  salary  of  intestate  employees  to  certain  next  of 
kin  without  administration). 

Sect.  179B  added,  1941,  642  (requiring  the  giving  of  notice  to  the 
Commissioner  of  Labor  and  Industries  of  the  commencement  or  a 
change  of  location  of  operations  by  industries  in  this  commonwealth). 


Chapter  150.  —  Conciliation  and  Arbitration  of  Industrial  Disputes. 

Sect.  3  amended,  1938,  364  §  1;   1939,  HI. 
Sect.  5  revised,  1938,  364  §  2. 

Chapter  150A.  —  Labor  Relations. 

New  chapter  inserted,  1938,  345  §  2  (incorporating  the  provisions 
of  1937,  436,  relative  to  labor  relations  as  an  addition  to  the  General 
Laws).     (See  1938,  345  §§  3,  4.) 

Sect.  5,  subsection  (6)  amended,  1939,  318. 

Sect.  6,  subsection  (h)  amended,  1941,  261. 


Chapter   151.  —  Minimum    Fair   Wages   for   Women    and    Minors    (former 
title,  The  Minimum  Wage). 

The  following  references  are  to  chapter  151,  as  appearing  in  the  Ter- 
centenary Edition: 

Sect.  8  amended,  1933,  110. 

Sects.  IIA-IID  added,  1933,  220  §  1  (relative  to  the  more  effective 
enforcement  of  decrees  of  the  minimum  wage  commission).  (See  1933, 
220  §  2.) 

Chapter  stricken  out,  and  new  chapter  151  inserted,  1934,  308  §  1.     (See 
1934,  308  §§  2,  3;    1935,  267.     See  also  1933,  Res.  44;    1934,  383,  Res.  25). 
The  following  references  are  to  chapter  151,  as  inserted  by  1934,  308  §  1: 

Sect.  1  revised,  1936,  430  §  1.  (See  1936,  430  §§  18-22.) 
Sect.  2  revised,  1936,  430  §  2.  (See  1936,  430  §§  18-22.) 
Sect.  3  amended,  1936,  430  §  3.  (See  1936,  430  §§  18-22.) 
Sect.  4  revised,  1936,  430  §  4.  (See  1936,  430  §§  18-22.) 
Sect.  7  revised,  1936,  430  §  5.  (See  1936,  430  §§  18-22.) 
Sect.  10  revised,  1936,  430  §  6.  (See  1936,  430  §§  18-22.) 
Sect.  12  revised,  1936,  430  §  7.  (See  1936,  430  §§  18-22.) 
Sect.  13  amended,  1936,  175;  revised,  1936,  430  §  8.  (See  1936, 
430  §§  18-22.) 

Sect.  14  revised,  1936,  430  §  9.  (See  1936,  430  §§  18-22.) 
Sect.  15  revised,  1936,  430  §  10.  (See  1936,  430  §§  18-22.) 
Sect.  16  amended,  1936,  430  §  11.  (See  1936,  430  §§  18-22.) 
Sect.  17  amended,  1936,  430  §  12.  (See  1936,  430  §§  18-22.) 
Sect.  20  amended,  1936,  430  §  13.  (See  1936,  430  §§  18-22.) 
Sect.  21  revised,  1936,  430  §  14.  (See  1936,  430  §§  18-22.) 
Sect.  22  revised,  1936,  430  §  15.  (See  1936,  430  §§  18-22.) 


Chap.  151A.]  GENERAL  LaWS.  953 

Sect.  23  amended,  1936,  430  §  16.     (See  1936,  430  §§  18-22.) 
Sect.  24  revised,  1936,  430  §  17.     (See  1936,  430  §§  18-22.) 

Chapter  stricken  out,  and  new  chapter  151  (with  new  title)  inserted, 
1937,  401  §  1.     (See  1937,  401  §§  2,  3.) 

The  following  references  are  to  chapter  151,  as  inserted  by  1937,  401  §  1: 

Sect.  19,  paragraph  added  at  end,  1938,  237. 

Sect.  20A  added,  1939,  275  (relative  to  evidence  of  the  establish- 
ment of  minimum  fair  wage  rates). 

Chapter  151A.  —  Employment  Security  (former  title.  Unemployment 

Compensation) . 

For  legislation  providing  for  the  payment  of  unemployment  compen- 
sation benefits  to  persons  upon  termination  of  service  in  the  military  or 
naval  forces  of  the  United  States  during  the  present  national  emergency, 
see  1941,  701;   1943,  319. 

New  chapter  inserted,  1935,  479  §  5.  (See  1935,  479  §§  6,  7;  1936, 
12  §  3,  249  §  16.) 

The  following  references  are  to  chapter  151  A,  as  inserted  by  1935,  479  §  5: 

Sect.  1,  clauses  (1)  to  (9),  inclusive,  of  paragraph  (a)  revised,  1936, 
249  §  1;  paragraph  (b)  amended,  1936,  249  §  2;  paragraph  (k)  amended, 

1936,  249  §  3;  paragraph  (w)  amended,  1936,  249  §  4;  paragraph  (n) 
revised,  1936,  249  §  5. 

Sect.  3  revised,  1936,  249  §  6. 

Sect.  4  revised,  1936,  249  §  7. 

Sect.  7,  paragraph  added  at  end,  1936,  249  §  8. 

Sect.  7A  added,  1936,  249  §  9  (relative  to  refunding  of  over-pay- 
ments or  collection  of  under-payments  of  contributions). 

Sect.  10  amended,  1936,  249  §  10. 

Sect.  12  amended,  1936,  12  §  1. 

Sect.  17,  paragraph  (a)  amended,  1936,  249  §  11. 

Sect.  18,  paragraph  (a)  amended,  1936,  249  §  12. 

Sect.  19,  paragraph  defining  "suitable  employment"  amended,  1936, 
12  §  2. 

Sect.  20  amended,  1936,  249  §  13. 

Sect.  24,  second  paragraph  stricken , out,  1936,  249  §  14. 

Sect.  48  amended,  1936,  249  §  15. 

Chapter  stricken  out,  and  new  chapter  151A  (with  same  title)  inserted, 

1937,  421  §  1.     (See  1937,  421  §§  2-4.) 

The  following  references  are  to  chapter  151A,  as  inserted  by  1937,  421  §  1 : 

Sect.  1,  paragraphs  (1)  and  (2)  inserted  after  subsection  (a),  1939, 
490  §  1;  subsection  (6)  revised,  1939,  20  §  2;  subsection  (/)  clause  (5) 
amended,  1939,  319  §  1;  subsection  (/)  clause  (8)  added,  1939,  374  §  1 
(see  1939,  374  §  6);  subsection  (/)  revised,  1939,  490  §  2;  subsection  (k) 
revised,  1938,  469  §  1 ;  amended,  1939,  490  §  3 ;  subsection  (I)  revised, 

1938,  469  §  2;  amended,  1939,  490  §  4;  subsection  (n)  amended,  1939, 
490  §  19.    (See  1938,  469  §  20;   1939,  20  §§6-9;   1939,  319  §§  10,  11.) 

Sect.  1A,  subsections  (1)  and  (2)  revised,  1938,  469  §  3;  subsection 
(6)  added,  1938,  469  §  4.     (See  1938,  469  §  20.) 
Sect.  3  revised,  1939,  319  §  2;    amended,  1939,  490  §  17;    revised, 

1939,  490  §  23.     (See  1939,  319  §§  10,  11.) 

Sect.  4,  first  paragraph  revised,  1938,  469  §  5;  fifth  paragraph 
stricken  out,  1938,  469  §  6 ;  paragraph  inserted  before  the  last  para- 
graph, 1938,  469  §  7;   last  paragraph  revised,  1938,  470  §  2;   section 


954  Changes  in  the  [Chap.  151A. 

revised,  1939,  319  §  3.    (See  1938,  469  §  20,  470  §§  1  and  3;  1939,  319 
§§  10,  11.) 

Sect.  8,  last  paragraph  stricken  out,  1939,  319  §  4.  (See  1939,  319 
§§  10,  11.) 

Sect.  9  amended,  1939,  319  §  5.     (See  1939,  319  §§  10,  11.) 

Sect.  10  amended,  1939,  319  §  6.     (See  1939,  319  §§  10,  11.) 

Sect.  11,  subsection  (a)  revised,  1938,  469  §  8.    (See  1938,  469  §  20.) 

Sect.  12,  last  sentence  stricken  out,  1939,  319  §  7.  (See  1939,  319 
§§  10,  11.) 

Sect.  14,  subsection  (a)  revised,  1938,  469  §  9;  1939,  490  §§  5,  6; 
subsection  (c)  revised,  1938,  469  §  10;  subsection  (d)  added,  1938, 
469  §  11.     (See  1938,  469  §  20.) 

Sect.  15,  subsection  (a)  revised,  1938,  469  §  12;  1939,  490  §  7.  (See 
1938,  469  §  20.) 

Sect,  16,  subsection  (c)  revised,  1939,  490  §  8;  first  paragraph  of 
subsection  (d)  revised,  1938,  469  §  13;  subsection  (e)  revised,  1939, 
490  §  9;  subsection  (/)  added,  1938,  469  §  14;  subsections  (g),  (h) 
added,  1939,  374  §  2.     (See  1938,  469  §  20;   1939,  374  §  6.) 

Sect.  17  re^dsed,  1938,  469  §  15;  1939,  490  §  10.  (See  1938,  469 
§20.) 

Sect.  18,  subsection  (a)  revised,  1938,  469  §  16;  amended  and  re- 
vised, 1939,  490  §  11;  subsection  (6)  stricken  out,  1939,  490  §  13;  sub- 
section (c)  stricken  out,  1939,  490  §  13;  subsection  (d)  revised,  1938, 
469  §  17;  1939,  490  §  12;  stricken  out,  1939,  490  §  13.  (See  1938, 
469  §  20.) 

Sect.  19  revised,  1939,  490  §  14. 

Sect.  22A  revised,  1939,  319  §  8.     (See  1939,  319  §§  10,  11.) 

Sect.  26  amended,  1938,  469  §  18.     (See  1938,  469  §  20.) 

Sects.  26-33,  stricken  out  and  new  sections  26-31  inserted,  1939, 
20  §3. 

Sects.  26,  27,  28  (as  appearing  in  1939,  20  §  3)  revised,  1939,  490 
§  15. 

Sect.  30  (as  appearing  in  1939,  20  §  3)  amended,  1939,  490  §  16. 

Sect.  35  amended,  1939,  490  §  21. 

Sect.  36  amended,  1939,  490  §  18. 

Sect.  41,  second  sentence  revised,  1939,  20  §  4. 

Sect.  42  amended,  1939,  319  §  9.     (See  1939,  319  §§  10,  11.) 

Sect.  43  revised,  1939,  374  §  3.     (See  1939,  374  §  6.) 

Sect.  45  revised,  1939,  20  §  5. 

Sect.  47  revised,  1938,  163. 

Sect.  47A  added,  1939,  374  §  4  (authorizing  the  director  of  the  divi- 
sion of  unemployment  compensation  to  co-operate  with  certain  federal 
agencies  charged  with  the  administration  of  laws  relative  to  unemploy- 
ment).    (See  1939,  374  §  6.) 

Sect.  48,  paragraph  added  at  end,  1939,  374  §  5.    (See  1939,  374  §  6.) 

Sect.  52  added,  1938,  469  §  19  (powers  of  the  unemployment  com- 
pensation commission  when  employer  fails  or  refuses  to  make  any 
required  report  or  return).     (See  1938,  469  §  20.) 

Sect.  53  added,  1938,  469  §  19  (authorizing  the  payment  without 
administration  of  unemployment  compensation  benefits  due  a  deceased 
person  in  certain  cases);  revised,  1939,  490  §  20.  (See  1938,  469  §  20.) 
Note  —  See  sect.  53,  infra. 


Chap.  152]  GENERAL   LaWS.  955 

Sect.  53  added,  1939,  490  §  22  (relative  to  the  preparation,  use  as 
evidence  and  disposition  of  certain  records,  reports,  claims  and  other 
papers).     Note  —  See  sect.  53,  supra. 

Sect.  54  added,  1938,  469  §  19  (relative  to  the  effect  to  be  given  any 
ruling  or  decision  of  the  unemployment  compensation  commission). 
(See  1938,  469  §  20.) 

Chapter  stricken  out,  and  new  chapter  151A  (with  new  title)  inserted, 
1941,  685  §  1.     (See  1941,  685  §§  7-11;    1941,  686.) 

The  following  references  are  to  chapter  151  A,  as  so  inserted: 

Sect.  8,  subsections  (g)  and  (h)  added  at  end,  1943,  534  §  2. 

Sect.  11  revised,  1941,  685  §  2. 

Sect.  14,  subsection  (b)  (2)  revised,  1943,  534  §  1;  subsection  (c) 
added,  1943,  534  §  lA;  designations  of  subsections  (c)  and  (d)  changed 
to  (d)  and  (e),  respectively,  1943,  534  §  IB. 

Sect.  15,  subsection  (c)  revised,  1943,  373. 

Sect.  23,  subsection  (a)  revised,  1941,  685  §  3;  subsection  (e)  stricken 
out,  1943,  534  §  3. 

Sect.  29,  subsection  (a)  revised,  1943,  534  §  5. 

Sect.  33  repealed,  1943,  534  §  4. 

Sect.  42  revised,  1943,  534  §  6. 

Chapter  152.  — -  Workmen's  Compensation. 

For  legislation  requiring  manufacturers  to  insure  under  the  work- 
men's compensation  act  where  employees  work  on  machinery,  see 
1936,  426. 

Sect.  1,  two  sentences  added  at  end  of  paragraph  (1),  1935,  332  §  1; 
paragraph  (1)  revised,  1943,  529  §  1;  paragraph  (4)  revised,  1935,  406; 
1943,  529  §  3;  paragraph  (5)  revised,  1943,  529  §  lA;  paragraph  (6) 
amended,  1943,  529  §  2;  paragraph  (7A)  added,  1941,  437.  (See  1943, 
529  §  14.) 

Sect.  4  revised,  1939,  83. 

Sect.  5,  paragraph  added  at  end,  1943,  359. 

Sect.  9A  revised,  1938,  381. 

Sect.  9B  added,  1935,  424  (providing  for  the  reference  of  certain 
cases  under  the  workmen's  compensation  law  to  industrial  disease 
referees);  revised,  1938,  462. 

Sect.  11  amended,  1932,  129  §  1;  paragraph  added  at  end,  1935, 
484;  paragraph  added  at  end,  1939,  213  §  1.    (See  1939,  213  §  2.) 

Sect.  12,  last  paragraph  amended,  1932,  117  §  1.  (See  1932,  117 
§2;  1935,351.) 

Sect.  13,  sentence  added  at  end,  1933,  68. 

Sect.  15  revised,  1939,  401;   1943,  432. 

Sect.  15A  amended,  1934,  252. 

Sect.  18,  sentence  added  at  end,  1938,  102;  section  amended,  1939, 
93. 

Sect.  19,  paragraph  in  lines  17  and  18  revised,  1935,  339;  same  para- 
graph revised,  1939,  245;  paragraph  added  at  end,  1941,  379  §  11. 

Sect.  19A  added,  1935,  359  (requiring  certain  notices  from  employers 
not  insured  under  the  workmen's  compensation  law). 

Sect.  19B  added,  1941,  410  (requiring  the  posting  of  notices  by  cer- 
tain employers  not  covering  their  employees  by  workmen's  compensa- 
tion insurance). 


956  Changes  in  the  [Chap.  152. 

Sect.  20  revised,  1935,  340. 

Sect.  21  amended,  1943,  529  §  4.     (See  1943,  529  §  14.) 

Sect.  22  amended,  1943,  529  §  13.     (See  1943,  529  §  14.) 

Sect.  23  revised,  1943,  529  §  5.     (See  1943,  529  §  14.) 

Sect.  24  amended,  1943,  529  §  6.     (See  1943,  529  §  14.) 

Sects.  25A-25D  added,  1943,  529  §  7,  under  caption  "Compulsory 
Compensation  and  Self-Insurance."    (See  1943,  529  §  14.) 

Sect.  26  amended,  1937,  370  §  1;  revised,  1943,  302;  529  §  8.  (See 
1943,  529  §  14.) 

Sect.  26A  added,  1937,  370  §  2  (providing  for  payment  of  workmen's 
compensation  in  certain  cases  of  suicide). 

Sect.  27  revised   1935  331 

Sect*.  28  amended,  1934,  292  §  2;  revised,  1943,  529  §  9.  (See  1943, 
529  §  14.) 

Sect.  29  revised,  1935,  372;  1937,  382. 

Sect.  30  revised,  1936,  164;   1943,  181. 

Sect.  31,  first  paragraph  amended,  1934,  250;  paragraph  contained 
in  the  seventh  to  the  forty-fourth  lines  revised,  1937,  325;  same  para- 
graph amended,  1943,  368;  last  paragraph  revised,  1943,  400. 

Sect.  32,  new  paragraph  added,  1935,  361  (relative  to  payments 
under  the  workmen's  compensation  law  to  dependents  of  deceased 
minor  employees). 

Sect.  33  revised,  1939,  81;  1941,  495. 

Sect.  34  revised,  1935,  332  §  2;  1941,  624. 

Sect.  34A  added,  1935,  364  (providing  for  payments  for  total  and 
permanent  disability  under  the  workmen's  compensation  law,  and  estab- 
lishing methods  of  determining  the  same) ;   amended,  1943,  276. 

Sect.  35  amended,  1943,  299. 

Sect.  36,  paragraph  (j)  revised,  1933,  257;  section  revised,  1935,  333. 

Sect.  37  amended,  1937,  321. 

Sect.  39  amended,  1937,  317. 

Sect.  46  amended,  1941,  378. 

Sect.  52A  added,  1939,  465  §  2  (relative  to  insuring  against  silicosis 
and  other  occupational  pulmonary  dust  diseases).    (See  1939,  465  §  4.) 

Sect.  54A  added,  1935,  425  (relative  to  safeguarding  and  extending 
the  workmen's  compensation  law  by  making  void  certain  contracts  or 
agreements  in  the  nature  of  insurance  which  do  not  insure  the  payment 
of  the  compensation  provided  for  by  said  law). 

Sect.  55,  second  paragraph  revised,  1934,  137  §  1. 

Sect.  65  amended,  1935,  395;  1936,  162;  1937,  394;  revised,  1939, 
465  §  3;  amended,  1943,  367.    (See  1939,  465  §  4.) 

Sects.  65A-65M  added,  1939,  489  (providing  for  the  equitable  distri- 
bution of  rejected  risks  among  insurers  of  workmen's  compensation,  and 
the  pooling  of  losses  in  connection  with  such  risks). 

Sect.  66  revised,  1943,  529  §  9A.     (See  1943,  529  §  14.) 

Sect.  67  revised,  1943,  529  §  10.     (See  1943,  529  §  14.) 
Sect.  68  revised,  1943,  529  §  11.     (See  1943,  529  §  14.) 
Sect.  69  revised,  1933,  318  §  7;   1936,  260;  amended,  1936,  403;  re- 
vised, 1939,  435;    last  sentence  revised,  1939,  468;    section  amended, 
1941,  614. 

Sect.  69 A  added,  1933,  315  (regulating  workmen's  compensation 
payments  by  the  commonwealth). 


Chaps.  153-156.]  GENERAL  LawS.  957 

Sect.  69B  added,  1936,  427  (further  regulating  workmen's  compen- 
sation payments  by  the  commonwealth). 

Sect.  73,  first  sentence  amended,  1936,  318  §  4;  1937,  336  §  23;  1941, 
379  §  12. 

Sect.  73 A  added,  1941,  649  (to  provide  for  the  employment  of  par- 
tially disabled  public  employees  and  temporary  filling  of  their  original 
positions). 

Sect.  74  amended,  1939,  451  §  57;  1941,  344  §  26. 

Sect.  75  revised,  1932,  19. 

Sects.  76-85  added,  1939,  465  §  1  (providing  workmen's  compensa- 
tion benefits  for  employees  in  the  granite  industry  contracting  silicosis 
and  other  occupational  pulmonary  dust  diseases).    (See  1939,  465  §  4.) 

Sect.  76  revised,  1943,  529  §  12.     (See  1943,  529  §  14.) 

Chapter  153.  —  Liability  of  Employers  to  Employees  for  Injuries  not 
resulting  in  Death. 

Sect.  6  amended,  1935,  387. 

Chapter  154.  —  Assignment  of  Wages. 

Sect.  8  added,  1933,  96  (exempting  orders  for  payment  of  labor  or 
trade  union  or  craft  dues  or  obhgations  from  the  operation  of  the  laws 
regulating  assignments  of  wages);  amended,  1939,  125. 

Chapter  155.  —  General  Provisions  relative  to  Corporations. 

Sect.  1  revised,  1935,  297  §  1.     (See  1935,  297  §  3.) 

Sect.  9  amended,  1938,  327  §  1;  revised,  1943,  295.  (See  1938,  327 
§2.) 

Sect.  10  amended,  1933,  11;  third  sentence  revised,  1943,  549  §  4. 

Sect.  12A  added,  1938,  164  §  1  (making  permanent  certain  provi- 
sions of  law  authorizing  domestic  corporations  to  contribute  to  certain 
funds  for  the  benefit  of  social  and  economic  conditions).  (See  1938, 
164  §  2.) 

Sect.  15  revised,  1939,  14. 

Sect.  23A  added,  1935,  297  §  2  (regulating  sales  of  stocks,  bonds  and 
other  securities  of  corporations  to  their  employees);  repealed,  1938, 
445  §  13.  (See  1935,  297  §  3;  G.  L.  chapter  llOA  §  11  A,  inserted  by 
1938,  445  §  9.) 

Sect.  50  amended,  1933,  66. 

Sect.  50A  added,  1939,  456  §  1  (relative  to  the  dissolution  of  domes- 
tic corporations);   amended,  1943,  383. 

Sect.  56,  first  sentence  revised,  1939,  456  §  2. 

Chapter  156.  —  Business  Corporations. 

Sect.  5  amended,  1939,  301  §  1. 

Sect.  6,  clause  (e)  amended,  1939,  15  §  1. 

Sect.  12,  form  of  certificate  revised,  1932,  67. 

Sect.  30  amended,  1937,  52. 

Sect.  36  revised,  1941,  514  §  1. 

Sect.  41  revised,  1932,  136. 


958  Changes  in  the  [Chaps.  157-159A. 

Sect.  42  amended,  1943,  38  §  1. 
Sect.  46,  sentence  added  at  end,  1943,  38  §  2. 

Sects.  46A-46E  added,  under  the  heading  "merger  and  consolida- 
tion", 1941,  514  §  2. 
Sect.  46B,  paragraph  contamed  in  Hnes  102-108  revised,  1943,  405 

§1. 
Sect.  46D,  paragraph  contained  in  hnes  64-73  revised,  1943,  405  §  2. 
Sect.  49  revised,  1941,  276. 
Sect.  54  amended,  1932,  180  §  30. 

Chapter  157.  —  Co-operative  Corporations. 

Sect.  16,  last  sentence  amended,  1932,  180  §  31. 

Chapter  159.  —  Common  Carriers. 

Sect.  14A  added,  1941,  713  (authorizing  the  department  of  pubhc 
utihties  to  regulate  rates  for  the  transportation  of  persons  or  property 
within  the  commonwealth  by  common  carriers  by  aircraft). 

Sect.  15,  paragraph  added  at  end,  1937,  247;  same  paragraph  stricken 
out,  1938,  155  §  2. 

Sect.  16A  added,  1938,  243  (relative  to  the  discontinuance  of  service 
by  railroads). 

Sect.  20  amended,  1939,  18. 

Sect.  59  revised,  1933,  326  §  1. 

Sect.  60  amended,  1933,  326  §  2;  1941,  233. 

Sect.  61  amended,  1933,  326  §  3. 

Sect.  62  amended,  1933,  326  §  4. 

Sect.  65  amended,  1937,  270. 

Sect.  70  revised,  1934,  357  §  1. 

Sect.  80  amended,  1934,  357  §  2. 

Sect.  89  revised,  1936,  363  §  1. 

Sect.  90  revised,  1936,  363  §  2. 

Sect.  91  revised,  1936,  363  §  3. 

Sect.  92  amended,  1936,  363  §  4. 

Sect.  93  amended,  1936,  363  §  5. 

Sect.  94  amended,  1936,  363  §  6. 

Sect.  103  amended,  1933,  10;   1941,  54;   1943,  322  §  1. 

Chapter  159A.  —  Common  Carriers  of  Passengers  by  Motor  Vehicle. 

[Title  amended,  and  headings,  "part  i",  "carriers  of  passengers 
BY  MOTOR  vehicle",  inserted  before  section  1,  1933,  372  §  1.] 

[Sects.  17-30  added,  under  headings,  "part  ii",  "carriers  of 
PROPERTY  BY  MOTOR  VEHICLE",  1933,  372  §  2  (regulating  carriers  of 
property  by  motor  vehicle).] 

Note  —  1933,  372  repealed  by  1934,  264  §  5. 

Sect.  IIA  added,  1939,  404  §  1  (placing  special  and  chartered  buses, 
so  called,  under  the  supervision  of  the  department  of  public  utilities); 
amended,  1941,  480.    (See  1939,  404  §  2.) 


Chaps.  159B,  160.]  GENERAL   LaWS.  959 


Chapter  159B.  —  Carriers  of  Property  by  Motor  Vehicle. 

New  chapter  inserted,  1934,  264  §  1. 

The  following  references  are  to  chapter  159B,  as  inserted  by  1934,  264  §  1 : 

Sect.  2  revised,  1936,  345  §  1. 
Sect.  6  revised,  1936,  345  §  2. 
Sect.  7  revised,  1936,  345  §  3;  amended,  1938,  332. 
Sect.  8  affected,  1935,  24. 
Sect.  9  revised,  1936,  345  §  4. 
Sect.  10  revised,  1936,  345  §  5;   1937,  381. 

Sect.  lOA  added,  1936,  345  §  6  (prohibiting  rebates,  discrimination 
and  evasion  of  regulation  in  the  carrying  of  property  by  motor  vehicle). 
Sect.  13  amended,  1937,  122. 

Chapter  stricken  out  and  new  chapter  I59B  (with  same  title)  inserted, 
1938,  483  §  1.     (See  1938,  483  §§  2-5.) 

The  following  references  are  to  chapter  159B,  as  inserted  by  1938,  483  §  1 : 

Sect.  2,  definition  of  "Irregular  route  common  carrier"  revised,  1941, 
653  §  2;  definition  of  "Regular  route  common  carrier"  revised  and 
paragraph  defining  "Regular  routes"  added,  1941,  653  §  3;  definition 
of  "Agricultural  carrier  by  motor  vehicle"  inserted,  1941,  704  §  1;  defi- 
nitions of  "Contract  carrier  by  motor  vehicle",  "Motor  carrier"  and 
"Permit"  revised,  1941,  704  §  2.    (See  1941,  704  §  4.) 

Sect.  3,  paragraph  (6)  revised,  1941,  592  §  1. 

Sect.  4,  third  paragraph  revised,  1941,  592  §  2. 

Sect.  7,  paragraph  (a)  revised,  1939,  171. 

Sect.  9  amended,  1941,  483  §  1. 

Sect.  10,  paragraph  added  at  end,  1939,  306;  amended,  1941,  483  §  2. 

Sect.  lOA  added,  1939,  322  (relative  to  replacing  lost  or  mutilated 
plates  and  lost  or  destroyed  certificates,  permits  and  licenses  issued  to 
carriers  of  property  by  motor  vehicle). 

Sect.  U  amended,  1941,  483  §  3. 

Sect.  12,  first  paragraph  revised,  1941,  653  §  4. 

Sect.  13  amended,  1941,  692. 

Sect.  14  amended,  1941,  653  §  5. 

Sect.  15A  added,  1941,  704  §  3  (relative  to  agricultural  carriers  of 
property  by  motor  vehicles).     (See  1941,  704  §  4.) 

Sect.  16A  added,  1939,  307  (giving  the  department  of  public  utilities 
authority  to  obtain  certain  information  of  persons  engaged  in  leasing 
motor  vehicles  for  the  transportation  of  property  for  hire). 


Chapter  160.  —  Railroads. 

Sect.  68  revised,  1943,  33. 

Sect.  70  amended,  1932,  238. 

Sect.  70A  revised,  1932,  236;  amended,  1934,  264  §  3. 

Sect.  85  amended,  1941,  53. 

Sect.  102  amended,  1941,  496  §  1 

Sect.  104  revised,  1933,  176. 

Sect.  134  amended,  1941,  273  §  1. 

Sect.  138  amended,  1941,  273  §  2. 

Sect.  142  amended,  1938,  29. 

Sect.  167  amended,  1941,  273  §  3.  - 


960  Changes  in  the  [Chap^^.  161-164 

Sect.  185A  added,  1943,  333  (providing  that  railroad  and  terminal 
corporations  shall  provide  reasonable  lavatoiy  and  sanitary  facilities  for 
their  employees). 

Sect.  198A,     See  1936,  267. 

Sect.  198B  added,  1936,  267  (prohibiting  the  .scalping,  so  called,  of 
tickets  issued  by  railroad  corporations). 

Sect.  235  amended,  1941,  490  §  38. 

Sect.  245  amended,  1941,  273  §  4,  496  §  2. 


Chapter  161.  —  Street  Railways. 

Name  of  Metropolitan  Transit  District  changed  to  Boston  Metro- 
politan District,  and  authority  to  issue  notes  and  bonds  defined,  1932, 
147. 

Temporary  act,  extending  to  January  15,  1939,  the  period  of  public 
control  and  management  of  the  Eastern  Massachusetts  Street  Railway 
Company,  1933,  108;  further  extension  of  five  years,  1938,  173;  fur- 
ther extension  of  five  years,  1943,  98. 

Temporary  acts  relative  to  the  purchase  of  bonds  of  the  Boston 
Elevated  Railway  Company  by  the  Boston  Metropolitan  District, 
1933,  235;    1934,  334;    1935,  451;    1936,  308;    1937,  357;    1941,  567. 

Sect.  20A  amended,  1939,  28. 

Sect.  35  amended,  1943,  342. 

Sect.  42,  third  sentence  amended,  1934,  328  §  20. 

Sect.  44  amended,  1934,  264  §  4. 

Sect.  77  revised,  1934,  310  §  1. 

Sect.  86  revised,  1934,  310  §  2. 

Sect.  91A  added,  1935,  101  (relative  to  the  number  of  guards  on 
passenger  trains  operated  by  street  railway  companies). 


Chapter  163.  —  Trackless  Trolley  Companies. 

Sect.  12  added,  1932,  185  (requiring  trackless  trolley  companies  to 
furnish  security  for  civil  liability  on  account  of  personal  injuries  or 
property  damage  caused  by  their  vehicles). 

Sect.  13  added,  1943,  141  (providing  a  penalt}^  for  the  improper  opera- 
tion of  trackless  trollej^  vehicles,  so  called). 


Chapter  164.  —  Manufacture  and  Sale  of  Gas  and  Electricity. 

For  legislation  authorizing  compacts  relative  to  the  interstate  trans- 
mission of  electricity  and  gas,  see  1933.  294. 

Sect.  4  amended,  1938,  44. 

Sect.  14  amended,  1935,  222. 

Sect.  17A  added,  1932,  132  (regulating  the  lending  of  money  by  gas 
and  electric  companies). 

Sect.  31  amended,  1939,  301  §  2. 

Sect.  33  amended,  1932,  180  §  32. 

Sect.  34  amended,  1937,  235  §  1.     (See  1937,  235  §  2.) 

Sect.  76A  added,  1935,  335  §  1  (giving  to  the  department  of  public 
utilities  supervision  over  certain  affiliates  of  gas  and  electric  companies). 


Chaps.  165,166.]  GENERAL   LaWS.  961 

Sect.  84A  added,  1934,  202  §  1  (requiring  gas  and  electric  companies 
to  make  additional  annual  returns). 

Sect.  85,  second  paragraph  amended,  1935,  335  §  2. 

Sect.  85A  added,  1933,  202  §  1  (requiring  the  fihng  with  the  depart- 
ment of  public  utilities  of  certain  contracts  of  gas  and  electric  com- 
panies with  affiliated  companies). 

Sect.  94,  paragraph  in  hnes  29-37  amended,  1939,  178  §  1.  (See 
1939,  178  §  2.) 

Sect.  94A  amended,  1941,  400  §  1. 

Sect.  94B  amended,  1941,  400  §  2. 

Sect.  94C  added,  1935,  227  (relative  to  payments,  charges,  contracts, 
purchases,  sales  or  obUgations  or  other  arrangement  between  gas  or 
electric  companies  and  affiliated  companies,  and  the  burden  of  proving 
the  reasonableness  thereof). 

Sect.  94D  added,  1936,  243  (prohibiting  gas  and  electric  companies 
from  collecting  penalty  charges  for  delinquency  in  the  payment  of  bills 
for  gas  or  electricity  used  for  domestic  purposes). 

Sect.  94E  added,  1941,  400  §  3  (relative  to  notice  of  the  termination 
of  certain  contracts  of  gas  and  electric  companies). 

Sect.  96  revised,  1939,  229  §  1. 

Sect.  97  amended,  1943,  55. 

Sect.  102  revised,  1939,  229  §  2. 

Sect.  105A  added,  1932,  119  (regulating  the  storage,  transportation 
and  distribution  of  gas). 

Sect.  115 A  added,  1936,  259  §  1  (requiring  the  periodic  replacement 
of  meters  for  measuring  gas);  amended,  1937,  40  §  1.  (See  1936,  259 
§§2,3;  1937,  40  §§  2,  3.) 

Sect.  119  revised,  1934,  365. 

Sect.  119A  added,  1936,  76  §  1  (requiring  bills  for  gas  or  electricity 
used  for  domestic  purposes  to  be  itemized) ;  revised,  1939,  145  §  1 .  (See 
1936,  76  §  2;  1939,  145  §  2.) 

Sect.  124  amended,  1935,  237,  376  §  2. 

Sect.  124A  added,  1935,  376  §  1  (relative  to  the  shutting  off  of  gas 
or  electric  service  in  homes  where  there  is  serious  illness). 


Chapter  165.  —  Water  and  Aqueduct  Companies. 

Sect.  4A  added,  1933,  202  §  2  (requiring  the  fifing  with  the  depart- 
ment of  pubfic  utifities  of  certain  contracts  of  water  companies  with 
affiliated  companies). 

Sect.  19  repealed,  1941,  275  §  1. 

Sect.  28  added,  under  caption  "general  provisions",  1941,  275  §  2 
(further  regulating  the  acquisition  and  holding  of  real  estate  by  water 
and  aqueduct  companies). 

Chapter   166.  —  Telephone   and   Telegraph   Companies,   and   Lines   for   the 
Transmission  of  Electricity. 

Sect.  12A  added,  1934,  202  §  2  (requiring  telephone  and  telegraph 
companies  to  make  additional  annual  returns). 

Sect.  ISA  added,  1935,  242  (regulating  charges  by  telephone  com- 
panies for  the  use  of  hand  sets,  so  called). 


962  Changes  in  the  IChap.  167. 

Sect.  15B  added,  1939,  162  (authorizing  the  sale  and  transfer  of 
property  and  the  transfer  of  locations  by  domestic  telephone  and  tele- 
graph companies  to  domestic  or  foreign  telephone  and  telegraph  com- 
panies and  vahdating  certain  locations  so  transferred). 

Sect.  21  amended,  1939,  161. 

Sect.  22,  second  paragraph  amended,  1932,  36. 

Sect.  22A  added,  1932,  266  (relative  to  the  placing  underground  of 
certain  wires);  revised,  1933,  251. 

Chapter  167.  —  Banks  and  Banking. 

For  temporary  act,  authorizing  the  commissioner  of  banks  to  bor- 
row within  two  years  from  March  30th,  1932,  funds  for  the  payment 
of  dividends  in  hquidation  of  certain  closed  banks,  see  1932,  122;  time 
increased  to  four  years,  1934,  304;  time  further  increased  to  six  years, 
1936,  263;  act  amended,  1937,  371;  time  further  increased  to  eight 
years,  1938,  261;  time  further  increased  to  nine  years,  1939,  292;  time 
further  increased  to  eleven  years,  1941,  145  §  1. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  deposits  in  certain  savings  banks,  see  1934,  43;   amended, 

1936,  149  §§  2-4;   1938,  125  §§  1,  2;   1939,  149  §§  2.  3;   1941,  78  §  2. 
For  temporary  act,  providing  for  the  establisliment  of  a  fund  for  the 

insurance  of  shares  in  co-operative  banks,  see  1934,  73;  amended,  1935, 
76,  80;   1936,  155;  1938,  244  §§  2-5;  1939,  227  §§  2-5. 

For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;    amended  and  extended  to  July  1,  1939, 

1937,  240;  further  extended  to  July  1,  1941,  1939,  241;  further  ex- 
tended to  July  1,  1943,  1941,  260;  amended  and  extended  to  July  1, 
1945,  1943,  126.    (See  also  1943,  339.) 

For  temporary  act,  modifving  requirements  for  investments  in  real 
estate  mortgages,  see  1936,^91;  amended,  1936,  405  §  2;  extended, 
1939,  98;  1941,  40. 

For  temporary  act  providing  for  the  Hquidation  of  certain  trust  com- 
panies, see  1939,  515;   1941,  143;   1943,  122 

For  temporary  act  to  enable  certain  banking  institutions  to  co-operate 
in  the  distribution  of  United  States  defense  savings  bonds  and  defense 
postal  savings  stamps,  see  1941,  221,  575. 

Sect.  1  amended,  1935,  452  §  1. 

Sect.  2  revised,  1934,  251;   first  paragraph  amended,  1935,  452  §  2. 

Sect.  2A  added,  1933,  310  (improving  the  method  of  examination  of 
banks). 

Sect.  4  amended,  1934,  270  §  1. 

Sect.  5  revised,  1933,  337. 

Sect.  9  revised,  1939,  499  §  8. 

Sect.  11  revised,  1934,  270  §  2. 

Sect.  IIA  added,  1938,  266  §  1  (placing  all  corporations  conducted 
on  the  Morris  plan  under  the  supervision  of  the  commissioner  of  banks 
and  further  regulating  the  business  of  banking  companies). 

Sect.  12  revised,  1935,  452  §  3. 

Sect.  14  revised,  1933,  334  §  1. 

Sect.  17  repealed,  1933,^334  §  2. 


Chap.  168.]  GENERAL   LaWS.  963 

Sect.  18  amended,  1943,  110  §  1. 

Sect.  20  amended,  1933,  190;   1943,  22. 

Sect.  20A  added,  1933,  292  (permitting  certain  public  officers  to  par- 
ticipate in  certain  bank  reorganizations). 

Sects.  22-36.     See  1934,  43  §  11. 

Sect.  22,  second  paragraph  amended,  1943,  121.  (See  1933,  59  §  5, 
112  §  9.) 

Sect.  23.     See  1933,  112  §  6. 

Sect.  24  amended,  1932,  294;   1933,  41  §  4. 

Sect.  31 A  added,  1933,  277  (authorizing  pajrment  of  dividends  on 
small  deposits  in  closed  banks  to  certain  minors  and  to  the  next  of  kin 
of  certain  deceased  persons  without  probate  proceedings);  revised, 
1937,  170. 

Sect.  35.     See  1936,  428. 

Sect.  35 A  added,  1933,  302  (authorizing  the  destruction  of  certain 
books,  records  and  papers  relating  to  closed  banks). 

Sect.  35B  added,  1934,  241  (providing  for  semi-annual  reports  by 
the  commissioner  of  banks  as  to  progress  of  liquidation  of  certain 
banks). 

Sect.  36  amended,  1939,  451  §  58. 

Sect.  46  amended,  1943,  110  §  2. 

Sect.  47  amended,  1943,  110  §  3. 

Sect.  48  added,  1939,  244  §  6  (relative  to  payments  of  moneys  on 
deposit  in  the  name  of  a  minor). 

Sect.  49  added,  1941,  444  (relative  to  adverse  claims  to  certain  bank 
deposits  and  to  certain  securities  held  by  banks  for  the  account  of 
others). 

Chapter  168.  —  Savings  Banks. 

For  temporary  act,  establishing  the  Mutual  Savings  Central  Fund, 
Inc.,  for  the  term  of  five  years,  see  1932,  44;  term  extended  to  ten 
years,  1936,  149  §  1 ;  term  extended  to  twenty-five  years,  1939,  149  §  1 ; 
act  amended,  1941,  78  §  1. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  deposits  in  certain  savings  banks,  see  1934,  43;   amended, 

1936,  149  §§  2-4;   1938,  125  §§  1,  2;   1939,  149  §§  2,  3;    1941,  78  §  2. 
For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;    amended  and  extended  to  July  1,  1939, 

1937,  240;  further  extended  to  July  1,  1941,  1939,  241;  further  ex- 
tended to  July  1,  1943,  1941,  260;  amended  and  extended  to  July  1, 
1945,  1943,  126.    (See  also  1943,  339.) 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2;  extended, 
1939,  98;    1941,  40. 

For  temporary  act  modifying  the  requirements  for  making  certain 
railroad  bonds  legal  investments  for  savings  banks,  institutions  for  sav- 
ings and  trust  companies  in  their  savings  departments,  see  1939,  87; 
1941,  115;   temporary  act  repealed,  1941,  413  §  11. 

For  temporary  act  to  enable  certain  banking  institutions  to  co-oper- 
ate in  the  distribution  of  United  States  Defense  Savings  Bonds  and 
Defense  Postal  Savings  Stamps,  see  1941,  221,  575. 


964  Changes  in  the  IChap.  168. 

Sect.  1,  two  paragraphs  (defining  "deposit  book  [etc.]"  and  "savings 
bank")  added  at  end,  1933,  334  §  3. 

Sect.  2  revised,  1933,  334  §  4. 

Sect.  2A  added,  1933,  46  §  1  (authorizing  savings  banks  to  become 
members  of  the  Federal  Home  Loan  Bank  estabHshed  for  the  district 
of  New  England). 

Sect.  5.     See  1936,  143  §  2. 

Sect.  11  amended,  1933,  334  §  5. 

Sect.  13  amended,  1933,  334  §  6.     (See  1933,  41  §  1.) 

Sect.  17  revised,  1933,  334  §  7. 

Sect.  25  revised,  1933,  334  §  8. 

Sect.  25 A  added,  1933,  334  §  8  (authorizing  the  collection  of  savings 
from  school  children  through  principals,  teachers,  etc.). 

Sect.  26  revised,  1933,  334  §  9;   1943,  21  §  1. 

Sect.  27  amended,  1933,  334  §  10. 

Sect.  28  revised,  1933,  334  §  11.    (See  1943,  30.) 

Sect.  29  amended,  1933,  334  §  12. 

Sect.  33A  revised,  1933,  334  §  13. 

Sect.  33B  added,  1941,  103  (relative  to  the  sale  of  checks  by  savings 
banks). 

Sect.  34  revised,  1933,  334  §  14. 

Sect.  35  revised,  1933,  334  §  15. 

Sect.  44  amended,  1941,  186. 

Sect.  45  amended,  1933,  334  §  16. 

Sect.  47  revised,  1933,  334  §  17. 

Sect.  49  amended,  1933,  334  §  18;  1941,  105. 

Sect.  50  revised,  1933,  334  §  19. 

Sect.  51  revised,  1932,  245  §  1. 

Sect.  51A  revised,  1933,  334  §  20;  amended,  1943,  27  §  1. 

Sect.  53  revised,  1933,  334  §  21. 

Sect.  54,  clause  First,  first  two  paragraphs  revised,  1933,  334  §  22; 
same  clause  revised,  1937,  180;  subdivision  (d)  revised,  1943,  94  §  1; 
subdivision  (e)  revised,  1943,  94  §  2;  clause  Second,  subdivisions  (a),  (e) 
and  (/)  revised,  1933,  334  §  23;  subdivision  (h)  added,  1933,  334  §  24  (for- 
bidding investment  of  funds  in  bonds  or  notes  of  count}^,  etc.,  in  de- 
fault, and  defining  term  "in  default");  subdivisions  (a),  (6),  (c)  and  (d) 
affected,  1939,  112  §  2;  clause  Second  revised,  1941,  413  §  1;  subdivi- 
sions (li),  (i),  (j)  stricken  out  and  subdivisions  (h)  and  (?')  added,  1943 
215  §  1  (see  1943,  215  §  12);  clause  Third  affected,  1933,  111;  1934,  79 
1935,  72  §§  1,  2;  1936,  84;  1937,  56;  1939,  87;  1941,  115,  413  §  11 
subdivision  (p)  of  clause  Third  revised,  1936,  79;  clause  Third  revised, 
1941,  413  §  2;  subdivision  (3)  revised,  1943,  215  §  2;  first  paragraph 
of  subdivision  (6)  amended,  1943,  215  §  5;  paragraph  (d)  of  the  defini- 
tions at  the  end  of  clause  Third  revised,  1943,  215  §  3;  clause  Third  A 
added,  1943,  215  §  4  (relative  to  the  investments  of  deposits  and  the 
income  derived  therefrom  of  savings  banks  in  obligations  of  certain 
reorganized  railroad  corporations);  clause  Fourth  amended,  1932,  112; 
stricken  out,  1941,  413  §  3;  clause  Fifth  revised,  1941,  413  §  4;  clauses 
Fifth  A-Fifth  D  added,  1941,  413  §  5;  clause  Sixth  A,  first  paragraph 
amended,  1937,  96;  clause  Sixth  A  revised,  1941,  413  §  6;  clause  Seventh, 
first  paragraph  amended,  1937,  87;  second  paragraph  revised,  1932,  220; 
clause  Seventh  revised,  1941,  413  §  7;  1943,  215  §  6;  clause  Ninth,  sub- 
division (c)  (2)  stricken  out,  1933,  334  §  25;  subdivision  (d)  stricken  out, 


Chap.  170.]  GENERAL   LawS.  965 

1941,  413  §  8;  subdivision  (e)  (2)  revised,  1933,  334  §  26;  amended, 
1943,  110  §  4;  revised,  1943,  215  §  7;  subdivision  (e)  (3)  revised,  1933, 
334  §  26;  1943,  215  §  8;  subdivision  (e)  (4)  stricken  out,  1943,  110  §  5; 
subdivision  (e)  (5)  revised,  1933,  334  §  26;  amended,  1943,  110  §  6; 
subdivision  (e)  (6)  amended,  1939,  244  §  5;  1941,  234;  clause  Tenth  A 
added,  1941,  106;  clause  Twelfth  amended,  1937,  274  §  2;  revised,  1943, 
215  §  9;  clause  Thirteenth  A  added,  1941,  107;  clause  Fifteenth  re- 
vised, 1941,  413  §  9;  subdivision  (a)  revised,  1943,  215  §  10;  clause 
Sixteenth  affected,  1933,  111;  1934,  79;  1935,  72  §§  1,  2;  1936,  84; 
1937,  56;  1939,  87;  1941,  115,  413  §  11;  clause  Sixteenth  stricken  out, 
1941,  413  §  10;  clause  Seventeenth  re\ised,  1943,  215  §  11.  (See  1943, 
215  §  12.) 

Sect.  55,  paragraph  added  at  end,  1933,  334  §  27  (authorizing  the 
continuing  of  the  offices  of  a  merged  savings  bank  as  branch  offices  of 
the  continuing  bank). 

Sect.  56  added,  1933,  41  §  1  (authorizing  savings  banks  to  purchase, 
loan  upon  or  participate  in  loans  upon  the  assets  of  certain  closed  and 
other  banks). 

Sect.  57  added,  1933,  334  §  28  (authorizing  savings  banks  to  become 
members  of  savings  bank  associations). 

Sects.  58-60  added,  1943,  249  (providing  for  the  establishment  of  a 
contributory  savings  bank  employees  retirement  association). 

Chapter  170.  —  Co-operative  Banks. 

For  temporary  act,  establishing  the  Co-operative  Central  Bank  for 
the  term  of  five  years,  see  1932,  45;  term  extended  to' ten  years,  1935, 
82;  amount  which  a  member  bank  may  borrow  without  collateral  fur- 
ther regulated,  1935,  136;  1941,  86;  term  further  extended  to  twenty- 
five  years,  1938,  244  §  1;  refunds  to  member  banks  regulated,  1939, 
227  §  1;  act  further  amended,  1943,  219. 

For  temporary  act,  providing  for  the  estabhshment  of  a  fund  for  the 
insurance  of  shares  in  co-operative  banks,  see  1934,  73;  amended,  1935, 
76,  80;  1936,  155;  1938,  244  §§2-5;  1939,  227  §§  2-5. 

For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;  amended  and  extended  to  July  1,  1939, 
1937,  240;  further  extended  to  July  1,  1941,  1939,  241;  further  extended 
to  July  1,  1943,  1941,  260;  amended  and  extended  to  July  1,  1945,  1943, 
126.     (See  also  1943,  339.) 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2;  extended, 
1939,98;   1941,40. 

For  temporary  act,  authorizing  co-operative  banks  to  borrow  from 
any  source  to  make  real  estate  loans,  see  1936,  195;  duration  of  act 
extended,  1938,  81;  further  extended,  1939,  104. 

For  temporary  act  to  enable  certain  banking  institutions  to  co-operate 
in  the  distribution  of  United  States  Defense  Savings  Bonds  and  Defense 
Postal  Savings  Stamps,  see  1941,  221,  575. 

The  following  references  are  to  chapter  170,  as  appearing  in  the  Tercen- 
tenary Edition: 

Sect.  16  revised,  1932,  292  §  1. 
Sect.  19  amended,  1932,  292  §  2. 


966  '         Changes  in  the  -    [Chap.  i7o. 

Sect.  20A  added,  1932,  292  §  3  (authorizing  payment  to  spouse  or 
next  of  kin  without  administration  in  case  value  of  shares  does  not 
exceed  two  hundred  dollars). 

Sect.  36A  added,  1932,  292  §  4  (authorizing  and  regulating  borrow- 
ings to  meet  withdrawals  and  to  loan  against  shares). 

Sect.  40,  paragraph  added  at  end,  1932,  233  §  1. 

Sect.  41  amended,  1932,  233  §  2. 

Sect.  42  amended,  1932,  233  §  3. 

Sect.  45A  added,  1933,  46  §  2  (authorizing  co-operative  banks  to 
become  members  of  the  Federal  Home  Loan  Bank  estabhshed  for  the 
district  of  New  England). 

Sect.  50  added,  1932,  201  (authorizing  co-operative  banks  to  become 
members  of  certain  leagues). 

Chapter  stricken  out  and  new  chapter  inserted,   1933,   144. 
The  following  references  are  to  the  new  chapter   170: 

Sect.  7  amended,  1938,  162  §  1. 

Sect.  12  amended,  1936,  196  §  1;  1938,  159;   1941,  73. 

Sect.  16,  second  paragraph  revised,  1936,  196  §  2;   1938,  244  §  7. 

Sect.  17 A  added,  1941,  116  (providing  for  the  temporary  suspension 
of  payments  on  certain  shares  of  co-operative  banks  owned  by  persons 
engaged  in  the  military  or  naval  service  of  the  United  States,  or  by 
their  dependents) ;  revised,  1943,  142. 

Sect.  23  revised,  1941,  76. 

Sect.  25,  sentence  added  at  end,  1935,  174. 

Sect.  32A  added,  under  heading  "other  authorized  payments", 
1938,  197  (permitting  acceptance  of  certain  payments  by  co-operative 
banks). 

Sect.  33  amended,  1935,  190. 

Sect.  34  amended,  1934,  203  §  1. 

Sect.  35,  last  paragraph  stricken  out,  1934,  203  §  2. 

Sects.  36A-36D  added  under  caption  "direct-reduction  loans" 
(changing  and  making  permanent  the  law  authorizing  co-operative 
banks  to  make  direct-reduction  loans  on  real  estate  and  providing  for 
the  suspensiDn  of  payments  thereon  b}''  persons  in  the  military  or  naval 
service  and  others),  1941,  293  §  1.  For  prior  temporary  legislation 
(repealed  by  1941,  293  §  2)  see  1935,  191;  1936,  203;  1937,  233;  1938, 
199. 

Sect.  39  amended,  1941,  77. 

Sect.  40  revised,  1941,  75. 

Sect.  43A  added,  1943,  77  (authorizing  the  sale  of  checks  by  co- 
operative banks). 

Sect.  44,  second  paragraph  revised,  1936,  159. 

Sect.  46  revised,  1943,  81. 

Sect.  47  revised,  1935,  75;  1936,  133. 

Sect.  50,  first  paragraph  am^ded,  1935,  54;  1937,  174. 

Sect.  50A  added,  under  caption  "conversion",  1935,  215  (estab- 
lishing the  procedure  to  be  followed  by  a  co-operative  bank  in  con- 
verting into  a  federal  savings  and  loan  association);  first  paragraph 
amended,  1938,  162  §  2;  1943,  235  §  1;  second  and  third  paragraphs 
revised,  1938,  244  §  6.    (See  1943,  235  §  2.) 

Sect.  54  revised,  1943,  191. 


Chaps.  171,  172.]  GENERAL  LawS.  967 


Chapter   171.  —  Credit  Unions. 

For  temporaiy  act,  establishing  the  Central  Credit  Union  Fund,  Inc., 
for  the  term  of  five  years,  see  1932,  216;  amended,  1934,  221;  1939, 
112  §  2.  Term  extended  to  ten  years,  1936,  70.  Term  extended  to 
twenty  years,  1941,  177. 

For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;  amended  and  extended  to  July  1,  1939, 
1937,  240;  further  extended  to  July  1,  1941.  1939,  241;  further  ex- 
tended to  July  1,  1943,  1941,  260;  amended  and  extended  to  Julv  1, 
1945,  1943,  126.     (See  also  1943,  339.) 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2;  extended, 
1939,  98;   1941,  40. 

For  temporary  act  to  enable  certain  banking  institutions  to  co-operate 
in  the  distribution  of  United  States  Defense  Savings  Bonds  and  De- 
fense Postal  Savings  Stamps,  see  1941,  221,  575. 

Sect.  3,  second  paragraph  revised,  1936,  323. 

Sect.  5  amended,  1939,  112  §  1. 

Sect.  15,  last  sentence  stricken  out,  and  paragraph  added  at  end, 
1933,  163  §  1;  new  paragraph  added,  1935,  272;  paragraph  added  by 
1935,  272  revised,  1936,  329. 

Sect.  17.     See  1943,  30. 

Sect.  19A  added,  1938,  239  (relative  to  the  liability  of  certain  en- 
dorsers upon  notes  held  by  credit  unions  and  authorizing  the  establish- 
ment of  contingent  funds  by  credit  unions);  revised,  1941,  79. 

Sect.  20 A  added,  1936,  119  (relative  to  the  impairment  of  the  capital 
of  credit  unions). 

Sect.  21  amended,  1933,  163  §  2;  1937,  228;  revised,  1943,  118. 

Sect.  24,  paragraph  added  at  end  of  subdivision  (A),  1933,  163  §  3; 
first  four  paragraphs  and  subdivision  (A)  revised,  1941,  102. 

Sect.  29,  first  paragraph  revised,  1936,  139. 

Chapter  172.  —  Trust  Companies. 

For  temporary  act,  authorizing  banking  institutions,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;  amended  and  extended  to  July  1,  1939, 
1937,  240;  further  extended  to  July  1,  1941,  1939,  241;  further  extended 
to  July  1,  1943,  1941,  260;  amended  and  extended  to  July  1,  1945,  1943, 
126.     (See  also  1943,  339.) 

For  temporary  act,  modifying  requirements  for  investments  in  real 
estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2;  extended, 
1939,  98;  1941,  40. 

For  temporary  act  providing  for  the  liquidation  of  certain  trust  com- 
panies, see  1939,  515;   1941,  143;   1943,  122. 

Sect.  1  revised,  1934,  349  §  1. 

Sect.  7,  clause  Fourth  revised,  1934,  349  §  2. 

Sect.  9,  fifth  sentence  amended,  1934,  349  §  3. 

Sect.  10,  first  paragraph  amended,  1934,  349  §  4. 

Sect.  11  revised,  1934,  349  §  5. 


968  Changes  in  the  [Chap.  172. 

Sect.  12  revised,  1934,  349  §  6. 
Sect.  13  revised,  1934,  349  §  7. 

Sect.  14  revised,  1934,  349  §  8;   1935,  40;   amended,  1936,  143  §  1. 

Sect.  14 A  added,  1934,  349   §  9  (relative  to  the  submission  of  a 

monthly  report  by  the  treasurer  of  a  trust  company  to  its  board  of 

directors);   subparagraph  3  stricken  out  and  subparagraphs  3  and  3A 

inserted,  1939,  244  §  1. 

Sect.  15  revised,  1934,  349  §  10. 
Sect.  16,  paragraph  added  at  end,  1934,  349  §  11. 
Sect.  18  revised,  1934,  349  §  12;    amended,  1935,  18;   second  para- 
graph revised,  1943,  110  §  8. 

Sect.  19  amended,  1934,  349  §  13. 

Sect.  19A  added,  1943,  237  (providing  for  notice  to  the  commissioner 
of  banks  of  certain  transfers  of  stock  of  trust  companies) . 

Sect.  24  revised,  1934,  349  §  14;  two  paragraphs  added  at  end,  1937, 
248. 

Sect.  25  amended,  1934,  349  §  15.      . 
Sect.  26  amended,  1934,  349  §  16;  revised,  1943,  21  §  2. 
Sect.  30A,  sentence  added  at  end,  1934,  349  §  17. 
Sect.  31  revised,  1934,  349  §  18;  last  sentence  amended,  1939,  124. 
Sect.  33  revised,  1941,  484  §  1.     (See  1941,  484  §§  4,  5.) 
Sect.  34  revised,  1934,  349  §  19;  1939,  244  §  2. 
Sect.  40  revised,  1941,  484  §  2.     (See  1941,  484  §§  4,  5.) 
Sect.  40A  added,  1943,  261  (clarifying  the  limits  on  the  total  liabih- 
ties  of  any  one  borrower  to  a  trust  company  in  its  commercial  and  sav- 
ings departments). 

Sect.  43  revised,  1934,  349  §  20;  1941,  484  §  3.   (See  1941,  484  §§  4,  5.) 
Sect.  44  revised,  1939,  187. 

Sect.  44A  added,  1933,  41  §  2  (authorizing  trust  companies  to  pur- 
chase, loan  upon  or  participate  in  loans  upon  the  assets  of  certain 
closed  and  other  banks). 

Sect.  45  revised,  1934,  349  §  21;  amended,  1939,  244  §  3.  (See 
1943,  192.) 

Sect.  46  revised,  1934,  349  §  22;  amended,  1939,  244  §  4.  (See  1943, 
192.) 

Sect.  48  revised,  1934,  349  §  23;  paragraph  (c)  added  at  end,  1937, 
276. 

Sect.  54  amended,  1934,  349  §  24;  1935,  172  §  1. 
Sect.  54A  added,  1935,  172  §  2  (authorizing  trust  companies  under 
certain  conditions  to  deposit  in  their  commercial  departments  certain 
funds  held  in  their  trust  departments). 
Sect.  57  revised,  1934,  349  §  25. 
Sect.  60  amended,  1934,  349  §  26. 
Sect.  61  amended,  1933,  41  §  3. 
Sect.  62  amended,  1934,  349  §  27;  revised,  1941,  104. 
Sect.  66  revised,  1932,  245  §  2. 
Sect.  66A  revised,  1943,  27  §  2. 

Sect.  67,  paragraph  added  at  end,  1933,  334  §  29  (regulating  the 
declaration  and  payment  of  interest  on  deposits  in  savings  depart- 
ments of  trust  companies). 
Sect.  69  amended,  1943,  110  §  7. 
Sect.  70.     See  1943,  30. 


Chaps.  172A,  175.]  GENERAL   LawS.  ^  969 

Sect.  74  amended,  1934,  349  §  28. 

Sect.  75  revised,  1934,  349  §  29;  last  sentence  revised,  1943,  193 

Sect.  76  amended,  1934,  349  §  30. 

Sect.  80  revised,  1934,  349  §  31  (but  see  1934,  349  §  32.) 

Sect.  82  added,  under  caption  "set-off  or  recoupment  of  de- 
posits", 1932,  295  §  1.     (See  1932,  295  §  2.) 

Sects.  83-89  added,  under  caption  "conservatorship",  1933,  87  §  1 

Sects.  83,  88.     See  1933,  112  §§  6,  9. 

Sect.  90  added,  1933,  273  (relative  to  the  enforcement  of  conserva- 
torship proceedings  in  respect  to  trust  companies). 

Chapter  172A.  —  Banking  Companies. 

New  chapter  inserted,  1935,  452,  §  4. 

For  temporary  act  to  enable  certain  banking  institutions  to  co-operate 
in  the  distribution  of  United  States  Defense  Savings  Bonds  and  Defense 
Postal  Savmgs  Stamps,  see  1941,  221,  575. 

Sect.  1  revised,  1938,  266  §  2;  amended,  1941,  391  §  1.    (See  1941, 

Sect.  1A  added,  1938,  266  §  3  (authorizing  certain  existmg  corpora- 
tions to  vote  to  carry  on  the  business  of  a  banking  company  on  certain 
conditions). 

Sect.  2  amended,  1938,  266  §  4. 

Sect.  3  revised,  1938,  266  §  5. 

Sect.  4  amended,  1938,  266  §  6. 

Sect.  5,  first  paragraph  revised,  1938,  266  §  7. 

Sect.  6  revised,  1938,  266  §  9. 

Sect.  7,  clause  Second  revised,  1943,  208. 

Sect.  7A  added,  1938,  266  §  8  (relative  to  the  carrying  and  disposi- 
tion by  certain  existing  corporations  of  certain  assets  not  authorized  as 
investments  after  they  become  subject  to  this  chapter). 

Sect.  15  added,  1941,  438  (authorizing  banking  companies  to  sell  cer- 
tain negotiable  checks). 


Chapter  175.  —  Insurance. 

For  temporary  act,  authorizing  insurance  companies,  during  a  three- 
year  period,  to  make  loans  insured  under  the  provisions  of  the  National 
Housing  Act,  see  1935,  162;  amended  and  extended  to  July  1,  1939 
1937,  240;  further  extended  to  July  1,  1941,  1939,  241;  affected,  1939' 
359;  further  extended  to  July  1,  1943,  1941,  260;  amended  and  ex- 
tended to  July  1,  1945,  1943,  126.     (See  also  1943,  339.) 

For  temporary  act,  modifymg  the  requirements  for  investments  m 
real  estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2;  extended 
1939,  98;  1941,  40.  ' 

Sect.  1,  paragraph  added  (after  definition  of  "Foreign  company") 
defining  "Industrial  life  insurance  poHcy"  or  "policy  of  industrial  life 
msurance",  1943,  227  §  11;  paragraph  added  after  word  "law"  in  the 
fifty-second  line,  1938,  306  (defining  "resident"  with  respect  to  the 
incorporators,  officers  and  directors  of  insurance  companies)  CSee 
1943,  227  §§  13,  14.)  ^         ^       ^ 


970  Changes  in  the  [Chap.  175. 

Sect.  4,  first  paragraph  revised,  1938,  357  §  1;    fourth  paragraph 
amended,  1939,  472  §  4;  revised,  1941,  324. 
Sect.  5  amended,  1933,  107  §  2. 

Sect.  6,  first  paragraph  amended,  1933,  107  §  3;   section  amended, 
1939, 472  §  1 ;  first  paragraph  amended,  1939,  488  §  2.    (See  1939, 488  §  9.) 
Sect.  9,  clause  Second  revised,  1941,  326  §  1;  clause  Fourth  revised, 
1941,  326  §  2;  section  revised,  1943,  227  §  1.    (See  1943,  227  §§  13,  14.) 
Sect.  11,  first  paragraph  amended,  1934,  92  §  1;   revised,  1943,  207 
S  3;  third  paragraph  amended,  1933,  5.   (See  1943,  207  §  4.) 
Sect.  12  amended,  1943,  183  §  1.     (See  1943,  183  §  2.) 
Sect.  12A  added,  1943,  183  §  2  (relating  to  the  computation  of  re- 
serves required  of  certain  domestic  hability  insurance  companies  with 
respect  to  certain  policies  of  liability  insurance). 

Sect.  14  amended,  1939,  395  §  2;  revised,  1941,  635  §  3,  693;  para- 
graph inserted  after  paragraph  contained  in  line  14,  1943,  54  §  1;  para- 
graph contained  in  fines  22-26  revised,  1943,  288;  seventeenth  para- 
graph revised,  1943,  54  §  2,  227  §  2. 

Sect.  16,  second  paragraph  amended,  1939,  395  §  3. 
Sect.  19A  amended,  1934,  137  §  2;  revised,  1941,  364  §  1. 
Sect.  19B  added,  1939,  375  (authorizing  domestic  insurance  com- 
panies to  merge  or  consohdate  with  foreign  insurance  companies  in  cer- 
tain cases);  revised,  1941,  364  §  2.  /  , ,         . 
Sect.  19C  added,  1941,  364  §  3  (relative  to  rights  of  stockholders  of 
merging  or  consolidating  corporations). 

Sect.  20,  new  paragraph  inserted  after  fifth  paragraph,  1941,  343. 
Sect.  22A  revised,  1935,  234;  last  paragraph  amended,  1938,  181. 
Sect.  25,  last  paragraph  of  Form  A  stricken  out,  1934,  12;  last  para- 
graph of  section  amended,  1934,  92  §  2. 
Sect.  29  revised,  1939,  167. 

Sect.  32  revised,  1938,  357  §  2;  amended,  1941,  342  §  1. 
Sect.  36,  second  paragraph  revised,  1935,  140;   1936,  61;   two  para- 
graphs added  at  end,  1938,  218  §  1. 

Sect.  47,  clause  First  revised,  1938, 176;  clause  Fourth  revised,  1938, 
307;  clause  Sixth  amended,  1941,  243;  clause  Seventh  amended,  1937, 
261;  clause  Twelfth  revised,  1935,  204. 

Sect.  49,  paragraph  inserted  after  second  paragraph,  1939,  15  §  2; 
paragraph  contained  in  the  twenty-second  to  the  twenty-eighth  fines 
revised,  1941,  342  §  2;   last  paragraph  stricken  out,  1941,  342  §  3. 
Sect.  50,  third  sentence  amended,  1932,  180  §  33. 
Sect.  54,  clause  (e)  revised,  1939,  488  §  3.    (See  1939,  488  §  9.) 
Sect.  54A  added,  1932,  165  (permitting  certain  insurance  companies 
to  make  outside  the  commonwealth  contracts  insuring  personal  prop- 
erty against  all  risks  or  hazards) ;   amended,  1938,  198. 

Sect.  64,  second  paragraph  amended,  1936,  213;  third  paragraph 
revised,  1943,  207  §  2;  paragraph  added  at  end,  1941,  548.    (See  1943. 

207  §  4.) 

Sect.  66A  added,  1943,  207  .§  1  (relative  to  the  construction,  opera- 
tion and  maintenance  of  low  rental  housing  projects  by  domestic  life 
insurance  companies).     (See  1943,  207  §  4.) 

Sect.  72  amended,  1936,  212. 

Sect.  73,  first  paragraph  revised,  1939,  300  §  1. 

Sect.  77  amended,  1941,  365  §  1.    (See  1941,  365  §  2.) 


Chap.  175.]  GENERAL   LaWS.  971 

Sect.  79  revised,  1933,  23  §  1. 

Sect.  80,  paragraph  inserted  after  the  word  "classified"  in  the  twenty- 
third  Hne,  1936,  315. 

Sect.  83,  paragraph  added  at  end,  1941,  716  §  5.    (See  1941,  723.) 

Sect.  85A  added,  1941,  716  §  1  (providing  that  the  commissioner  of 
insurance  may  authorize  certain  domestic  mutual  insurance  companies 
to  issue  non-assessable  policies);  sentence  added  at  end,  1943,  247  §  1. 
(See  1941,  723;   1943,  247  §  4.) 

Sect.  87  repealed,  1934,  22. 

Sect.  90,  first  paragraph  amended,  1941,  716  §  2.    (See  1941,  723.)     - 

Sect.  90A  amended,  1939,  300  §  2. 

Sect.  90B  revised,  1933,  23  §  2. 

Sect.  93,  first  paragraph  revised,  1939,  488  §  1;  1941,  654  §  1.  (See 
1939,  488  §  9.) 

Sect.  93B  revised,  1939,  488  §  4.     (See  1939,  488  §  9.) 

Sect.  93C  revised,  1939,  488  §  5.     (See  1939,  488  §  9.) 

Sect.  93D  revised,  1939,  488  §  6.     (See  1939,  488  §  9.) 

Sect.  93F  added,  1941,  716  §  3  (permitting  certain  domestic  mutual 
insurance  companies  to  issue  non-assessable  policies);  sentence  added 
at  end,  1943,  247  §  2.    (See  1941,  723;  1943,  247  §  4.) 

Sect.  94,  first  two  paragraphs  stricken  out,  and  two  new  paragraphs 
inserted,  1933,  81;  first  paragraph  amended,  1938,  218  §  2;  1943,  532 
§2. 

Sect.  97  amended,  1933,  31. 

Sect.  99,  clause  Ninth  revised,  1934,  95;  paragraph  of  the  standard 
form  appearing  in  lines  14-23  revised,  1943,  462. 

Sect.  102  amended,  1932,  174  §  1;  revised,  1934,  110  §  1.  (See  1932, 
174  §  2;  1934,  110  §  2.) 

Sect.  106  revised,  1932,  150  §  1;  amended,  1939,  400  §  1.  (See  1932, 
150  §  4.) 

Sect.  110,  sentence  added  at  end,  1939,  133;  section  amended,  1941, 
118;  revised,  1943,  424  §  3,  532  §  1. 

Sect.  IIOA  added,  1938,  401  (relative  to  exemption  of  the  benefits  of 
disability  insurance  from  attachment  and  execution). 

Sect.  HOB  added,  1939,  209  (relative  to  the  termination  or  lapsing  of 
certain  accident  and  health  policies  for  non-payment  of  premiums). 

Sect.  IIIC  added,  1943,  375  §  1  (providing  for  the  inclusion  of  acci- 
dent benefits  in  certain  liability  insurance  policies). 

Sect.  113 A,  provision  (2)  amended,  1933,  119  §  1,  revised,  1933,  145 
§  1;  provision  (2A)  added,  1933,  145  §  2,  amended,  1935,  296  §  1;  pro- 
vision (6)  revised,  1936,  272.    (See  1933,  145  §  3;   1935,  296  §  2.) 

Sect.  113B,  paragraph  inserted  after  first  paragraph,  1935,  459  §  4. 
(See  1935,  459  §  5.) 

Sect.  113D,  first  paragraph  revised,  1933,  119  §  2;  fourth  paragraph 
revised,  1933,  146  §  1;  sixth  paragraph  revised,  1933,  146  §  2,  amended, 
1934,  46;  first  sentence  of  sixth  paragraph  amended,  1938,  311;  para- 
graph added  at  end,  1933,  119  §  3;  paragraph  added  at  end,  1934,  379. 
(See  1933,  119  §  6,  146  §  3.) 

Sect.  113E  added,  1934,  61  (prohibiting  certain  discrimination  in  the 
issuance  or  execution  of  motor  vehicle  Hability  policies  or  bonds); 
amended,  1941,  401. 

Sect.  113F  added,  1937,  390  (relative  to  the  renewal  of  motor  vehicle 


972  Changes  in  the  [Chap.  175. 

liability  policies  or  bonds,  so  called,  in  certain  cases);   first  paragraph 
amended,  1938,  351. 

Sect.  113G  added,  1939,  406  §  1  (relative  to  the  relations  of  officers, 
directors  and  employees  of  certain  domestic  insurance  companies  with 
certain  insurance  agencies  and  finance  companies).    (See  1939,  406  §  2.) 

Sect.  114  amended,  1932,  180  §  34;  1939,  225. 

Sect.  118A  amended,  1932,  180  §  35. 

Sect.  117A,  first  paragraph  amended,  1938,  216  §  1;  heading  before 
section  117A  stricken  out  and  "marine  and  automobile  and  sprinkler 
LEAKAGE  INSURANCE"  inserted,  1938,  216  §  2. 

Sect.  123  revised,  1943,  186. 

Sect.  125.     See  1933  42. 

Sect!  126*  amended,  1943,  227  §  5.  (See  1933,  42  §§  13,  14;  1943, 
227.) 

Sect.  132,  first  paragraph  revised,  1933,  101  §  1;  first  paragraph 
amended,  1943,  227  §  6;  provisions  numbered  6,  7,  8,  9,  revised,  1943, 
227  §  7.    (See  1943,  227  §§  13,  14.) 

Sect.  133,  clause  (h)  amended,  1938,  362  §  2;  clause  (b)  amended, 
1943,  424  §  1;  clause  (c)  added,  1938,  362  §  1;  clause  (d)  added,  1943, 
424  §  2. 

Sect.  134,  sentence  added  at  end  of  provision  numbered  4,  1938,  362 
§3;  said  provision  revised,  1939,  170;  1941,456;  last  paragraph  stricken 
out  and  three  new  paragraphs  inserted,  1938,  362  §  4. 

Sect.  138A  added,  1943,  424  §  4  (relative  to  deductions  from  salaries 
of  state,  county  and  municipal  employees  for  payment  of  premiums  on 
certain  group  life  insurance  policies). 

Sect.  140,  second  paragraph  revised,  1943,  227  §  12;  third  paragraph 
amended,  1933,  101  §  2.    (See  1943,  227  §§  13,  14.) 

Sect.  142  revised,  1943,  227  §  8.    (See  1943,  227  §§  13,  14.) 

Sect.  143  revised,  1943,  227  §  9.    (See  1943,  227  §§  13,  14.) 

Sect.  144,  last  paragraph  revised,  1933,  101  §  3;  first  three  para- 
graphs stricken  out  and  four  new  paragraphs  inserted,  1938,  209  §  1; 
section  revised,  1943,  227  §  3.    (See  1938,  209  §  3;   1943,  227  §§  13,  14.) 

Sect.  146  revised,  1943,  227  §  4.    (See  1943,  227  §§  13,  14.) 

Sect.  147  amended,  1938,  209  §  2;  repealed,  1943,  227  §  10.  (See 
1943,  227  §§  13,  14.) 

Sect.  147A  repealed,  1943,  227  §  10.     (See  1943,  227  §§  13,  14.) 

Sect.  147B  added,  1935,  232  (requiring  foreign  life  insurance  com- 
panies to  provide  for  paid-up  and  extended  term  insurance  and  cash 
surrender  values  on  policies  of  industrial  life  insurance  issued  in  the 
commonwealth);  repealed,  1943,  227  §  10.    (See  1943,  227  §§  13,  14.) 

Sect.  151,  clause  Second  amended,  1933,  107  §  1;  clause  Second,  sub- 
division (3)  (c)  revised,  1939,  488  §  7;  clause  Second,  subdivision  (3)  (/) 
revised,  1939,  488  §  8.     (See  1939,  488  §  9.) 

Sect.  152A  added,  1941,  716  §  4  (relative  to  the  issue  by  certain 
foreign  mutual  insurance  companies  of  non-assessable  policies);  sen- 
tence added  at  end,  1943,  247  §  3.    (See  1941,  723;  1943,  247  §  4.) 

Sect.  155,  clause  First  revised,  1932,  150  §  2,  amended,  1939,  400  §  2. 
(See  1932,  150  §  4.) 

Sect.  156A  amended,  1933,  30. 

Sect.  157,  paragraph  added  at  end,  1939,  315;  section  revised,  1941, 
451. 


Cha!'.  176.]  General  Laws.  ■  973 

Sect.  160A  added,  1933,  25  §  1  (prohibiting  the  printing  or  pubhca- 
tion  of  certain  advertisements  for  or  on  behalf  of  unlicensed  insurance 
companies) . 

Sect.  160B  added,  1934,  14  §  1  (authorizing  the  commissioner  of  in- 
surance to  publish  certain  information  relative  to  unlicensed  foreign 
insurance  companies  or  societies). 

Sect.  162,  third  paragraph  revised,  1941,  286. 

Sect.  163,  paragraph  added  at  end,  1941,  502;  same  paragraph  re- 
vised, 1943,  85. 

Sect.  164A  added,  1938,  225  (providing  that  no  insurance  agent  shall 
be  charged  with  a  decrease  or  deduction  from  his  commission  or  salary 
on  account  of  industrial  life  insurance  policies  lapsed  or  surrendered 
after  being  paid  on  for  three  years) ;  revised,  1943,  226. 

Sect.  167A  amended,  1934,  137  §  3;  1937,  260. 

Sect.  172,  last  sentence  revised,  1941,  703. 

Sect.  174C  added,  1941,  493  (relative  to  the  quaUfications  and 
hcensing  of  insurance  agents,  insurance  brokers  and  special  insurance 
brokers). 

Sects.  177A-177D  added,  1939,  395  §  1  (defining  and  providing  for 
the  licensing  of  insurance  advisers) . 

Sect.  177B,  second  and  third  paragraphs  stricken  out,  and  new  para- 
graph inserted,  1941,  635  §  1;  paragraph  added  at  end,  1941,  635  §  2. 

Sect.  178  amended,  1941,  450  §  2. 

Sect.  179,  sentence  added  at  end,  1939,  472  §  2;  section  revised,  1941, 
452. 

Sect.  180A  stricken  out,  and  new  sections  180A-180L  inserted,  1939, 
472  §  3  (relative  to  the  rehabilitation,  conservation  and  liquidation  of 
certain  domestic  and  foreign  insurers). 

Sect.  181  revised,  1934,  160;  amended,  1939,  395  §  4. 

Sect.  184  amended,  1937,  103. 

Sect.  185,  first  paragraph  amended,  1939,  400  §  3;  second  paragraph 
revised,  1932,  150  §  3;  first  and  second  paragraphs  revised,  1941,  654 
§  2;  section  revised,  1943,  238  §  2. 

Sect.  187C,  first  paragraph  amended,  1934,  34;  1936,  215  §  1.  (See 
1936,  215  §  2.) 

Sect.  192,  sentence  added  at  end,  1943,  375  §  2. 

Sect.  193B  added,  1937,  314  (authorizing  the  payment  of  motor 
vehicle  insurance  premiums  in  instalments). 


Chapter  176.  —  Fraternal  Benefit  Societies. 

Sect.  3  amended,  1941,  336  §  1. 

Sect.  4  amended,  1939,  139. 

Sect.  5  amended,  1933,  25  §  2;  1934,  14  §  2;  1943,  238  §  3. 

Sect.  11  amended,  1943,  309  §  1. 

Sect.  12,  first  paragraph  revised,  1941,  310. 

Sect.  16  amended,  1938,  93. 

Sect.  18  revised,  1941,  336  §  2. 

Sect.  19A  added,  1939,  236  §  1  (relating  to  the  granting  of  annuities 
by  certain  fraternal  benefit  societies). 

Sect.  21  amended,  1934,  170;  revised,  1937,  79;  amended,  1939,  236 
§2. 


974       .  Changes  in  the  [Chaps.  176A,  176B. 

Sect.  22  amended,  1941,  336  §  3. 

Sect.  23  amended,  1932,  46;  1938,  94. 

Sect.  24  amended,  1941,  322. 

Sect.  25  revised,  1938,  157. 

Sect.  30  amended,  1941,  336  §  4. 

Sect.  32  revised,  1943,  309  §  2. 

Sect.  32A  added,  1943,  74  (providing  a  penalty  for  the  alteration, 
defacement,  mutilation,  destruction  or  concealment  of  any  record  of  a 
fraternal  benefit  society). 

Sect.  36,  first  paragraph  amended,  1941,  336  §  5. 

Sect.  40,  first  two  sentences  amended,  1932,  180  §  36. 

Sect.  41  amended,  1939,  168. 

Sect.  42A  added,  1943,  238  §  1  (further  regulating  the  admission  of 
certain  foreign  fraternal  benefit  societies  to  transact  business  within  the 
commonwealth) . 

Sect.  45,  second  sentence  amended,  1939,  254  §  1;  paragraph  added 
after  first  paragraph,  1943,  309  §  3;  second  paragraph  amended,  1932, 
104. 

Sect.  46,  fifth  paragraph  amended,  1939,  254  §  2;  paragraph  inserted 
after  third  paragraph,  1941,  274;  three  sentences  added  at  end  of  para- 
graph so  inserted,  1943,  86. 

Sect.  46B  added,  1932,  47  §  1  (authorizing  certain  fraternal  benefit 
societies  to  acquire,  hold,  manage  and  dispose  of  real  property,  and 
confirming  title  to  such  property  heretofore  acquired  by  certain  of  such 
societies). 

Sect.  46C  added,  1941,  397  (permitting  certain  fraternal  benefit  so- 
cieties to  contract  with  insurance  companies  for  the  payment  of  benefits). 

Chapter  176A.  —  Non-Profit  Hospital  Service  Corporations. 

New  chapter  inserted,  1936,  409. 

Sect.  2,  second  sentence  amended,  1939,  312  §  7. 

Sect.  3  amended,  1939,  312  §  1. 

Sect.  4  amended,  1939,  312  §  2. 

Sect.  5  revised,  1939,  312  §  3. 

Sect.  7  amended,  1939,  312  §  4. 

Sect.  9  revised,  1939,  312  §  5. 

Sect.  11  added,  1939,  312  §  6  (relative  to  the  payment  of  salaries, 
compensation  or  emoluments  by  certain  non-profit  hospital  service  cor- 
porations). 

Sect.  12  added,  1943,  424  §  5  (relative  to  deductions  from  salaries 
of  state,  county  and  municipal  employees  of  amounts  payable  under 
contracts  issued  by  non-profit  hospital  service  corporations). 


Chapter  176B.  —  Medical  Service  Corporations. 

New  chapter  inserted,  1941,  306. 

Sect.  16A  added,  1943,  424  §  6  (relative  to  deductions  from  salaries 
of  state,  county  and  municipal  employees  of  amounts  payable  under 
certificates  issued  by  certain  medical  service  corporations). 


Chaps.  176C-183.)  GENERAL   LaWS.  975 


Chapter  176C.  —  Non-Profit  Medical  Service  Plans. 

New  chapter  inserted,  1941,  334 

Sect.  16A  added,  1943,  424  §  7  (relative  to  deductions  from  salaries 
of  state,  county  and  municipal  employees  of  amounts  payable  under 
contracts  issued  by  certain  medical  service  corporations). 

Chapter  178.  —  Savings  Bank  Life  Insurance. 

For  legislation  relative  to  the  computation  of  the  reserve  liability  with 
respect  to  life  insurance  policies  issued  by  savings  and  insurance  banks 
and  to  the  non-forfeiture  benefits  under  such  policies,  see  1943,  227. 

Sect.  10  amended,  1935,  330  §  1. 

Sect.  11  amended,  1935,  330  §  2. 

Sect.  11 A  added,  1935,  330  §  3  (relative  to  non-payment  of  pre- 
miums on  annuitv  and  certain  other  contracts). 

Sect.  15  amended,  1935.  330  §  4;  1936,  285  §  1. 

Sect.  17  revised,  1935,  330  §  5;   1939,  391  §  1.    (See  1939,  391  §  2.) 

Sect.  18  amended,  1943,  210  §  1. 

Sect.  18A  added,  1943,  210  §  2  (relative  to  payments  to  the  general 
insurance  guaranty  fund). 

Sect.  19  amended,  1935,  330  §  6. 

Sect.  21  revised,  1935,  330  §  7;  amended,  1936,  285  §  2. 

Sect.  26  revised,  1932,  103. 

Sect.  29  amended,  1936,  285  §  3;  revised,  1941,  108  §  1. 

Sect.  30  amended,  1936,  285  §  4. 

Sect.  31  revised,  1941,  108  §  2. 

Chapter    179.  —  Proprietors    of    V'/harves,    Real    Estate    lying    in    Common, 

and  General  Fields. 

Sect.  3  revised,  1943,  130  §  1.    (See  1943,  130  §  2.) 

Chapter  180.  —  Corporations  for  Charitable  and  Certain  Other  Purposes. 

Sect.  3  amended,  1943,  549  §  5. 

Sect.  5  amended,  1934,  328  §  21. 

Sect.  10  amended,  1932,  180  §  37;  revised,  1937,  151  §  1;  1943,  549 
§6. 

Sect.  11  revised,  1937,  151  §  2. 

Sect.  12A  amended,  1935,  246. 

Sect.  26A  added,  1933,  236  §  1  (requiring  the  filing  of  annual  returns 
by  certain  incorporated  clubs  and  other  corporations).  (See  1933,  236 
§2.) 

Sect.  27  amended,  1934,  328  §  22. 

Chapter  181.  —  Foreign  Corporations. 

Sect.  3  revised,  1943,  459  §  4. 

Chapter  183.  —  Alienation  of  Land. 

Sect.  4  revised,  1941,  85. 
Ij.  Sect.  43  amended,  1937,  101  §  1. 
L  Sect.  44  amended,  1937,  101  §  2. 


976  Changes  in  the  [Chaps.  184-193. 


Chapter  184.  —  General  Provisions  relative  to  Real  Property. 

Sect.  13  amended,  1937,  112;  revised,  1937,  245  §  1;  first  paragraph 
amended,  1943,  52  §  1.    (See  1937,  245  §  2;   1943,  52  §  2.) 
Sect.  15  amended,  1941,  88  §  1.     (See  1941,  88  §  2.) 
Sect.  17A  added,  1939,  270  (relative  to  the  effect  of  agreements  for 
the  purchase  and  sale  of  real  estate). 

Chapter   185.  —  The  Land   Court  and   Registration   of  Title  to  Land. 

Sect,  1,  clause  (6)  revised,  1935,  318  §  3;  clause  (c)  revised,  1935, 
318  §  4;  clause  (j^Q  added,  1934,  263  §  1  (granting  to  land  court 
exclusive  original  jurisdiction  to  determine  by  declaratory  judgment 
the  validity  and  extent  of  municipal  zoning  ordinances,  by-laws  and 
regulations);  clause  (k)  revised,  1934,  67  §  1;  clauses  (l)  and  (m) 
added,  1935,  318  §  5  (granting  to  said  court  original  jurisdiction  con- 
current with  supreme  judicial  and  superior  courts  of  certain  suits  in 
equity);  paragraph  in  lines  44-50,  inclusive,  revised,  1937,  183  §  1. 
(See  1934,  67  §  2;  1935,  318  §  8;  1937,  183  §  2.) 

Sect.  2  amended,  1937,  409  §  3.     (See  1937,  409  §  7.) 

Sect.  2A  repealed,  1937,  409  §  4.     (See  1937,  409  §  7.) 

Sect.  12,  sentence  added  at  end,  1941,  27;  section  revised,  1943,  29. 

Sect.  25A  added,  1933,  55  (relative  to  the  power  of  the  land  court 
to  enforce  its  orders  and  decrees,  and  relative  to  service  of  its  processes). 

Sect.  40  amended,  1937,  118. 

Sect.  78  amended,  1937,  144  §  1.     (See  1937,  144  §  2.) 

Chapter  188.  —  Homesteads. 

Sect.  1  amended,  1939,  32  §  1.     (See  1939,  32  §  5.) 
Sect.  9  amended,  1939,  32  §  2.     (See  1939,  32  §  5.) 

Chapter  189.  —  Dower  and  Curtesy. 

Sect.  3  revised,  1936,  91  §  1.     (See  1936,  91  §  2.) 

Chapter  190.  —  Descent  and  Distribution  of  Real  and  Personal  Property. 

Sect.  7  amended,  1943,  72  §  1. 

Chapter  190A.  —  Effect  of  Apparently  Simultaneous  Deaths  upon  Devolu- 
tion and  Disposition  of  Property,  including  Proceeds  of  Insurance. 

New  chapter  inserted,  1941,  549  §  1.     (See  1941,  549  §  2.) 

Chapter  192.  —  Probate  of  Wills  and  Appointment  of  Executors. 

Sect.  1A  added,  1934,  113  (requiring  that  the  attorney  general  be 
made  a  party  in  certain  proceedings  relative  to  the  probate  of  wills). 
Sect.  7.     See  1937,  408  §  3. 

Chapter  193.  —  Appointment  of  Administrators. 

Sect.  3  amended,  1938,  328. 


Chaps.  194-202.]  GENERAL   LaWS.  977 


Chapter  194.  —  Public  Administrators. 

Sect.  7  revised,  1933,  100. 

Sect.  9,  last  sentence  amended,  1932,  180  §  38;    section  affected, 
1932,  180  §  45. 
Sect.  10.    See  1936,  428. 

Chapter  195.  —  General  Provisions  relative  to  Executors  and  Administrators. 

Sects.  1-4  repealed,  1933,  221  §  1.     (See  1933,  221  §  8.) 
Sect.  8  amended,  1933,  221  §  2.     (See  1933,  221  §  8.) 

Chapter  196.  —  Allowances  to  Widov^rs  and  Children,  and  Advancements. 

Sect.  2  amended,  1933,  36;  revised,  1936,  214. 

Chapter    197.  —  Payment    of    Debts,    Legacies    and    Distributive    Shares. 

Sect.  2  amended,  1933,  221  §  3.     (See  1933,  221  §  8.) 

Sect.  2A  added,  1939,  298  (establishing  limitations  applicable  to  suits 

against,  and  regulating  the  payments  of  debts  by,  administrators  de 

bonis  non). 
Sect.  9  amended,  1933,  221  §  4.     (See  1933,  221  §  8.) 

Chapter  200.  —  Settlement  of  Estates  of  Absentees. 

Sect.  12  revised,  1941,  399  §  1. 

Sects.  13  and  14  stricken  out  and  new  section  13  inserted,  1941, 
399  §  2. 

Chapter  201.  —  Guardians  and   Conservators. 

Sect.  6  amended,  1941,  194  §  13. 

Sect.  7  amended,  1941,  194  §  14. 

Sect.  13,  sentence  added  at  end,  1934,  204  §  1;  section  amended, 
1941,  194  §  15. 

Sect.  13 A  added,  1941,  325  (providing  for  the  removal  of  a  per- 
manent guardian  of  an  insane  person). 

Sect.  14  amended,  1941,  194  §  16. 

Sect.  18,  new  sentence  added  at  end,  1934,  204  §  2. 

Sect.  30  amended,  1939,  57. 

Sect.  39A  added,  1936,  270  (authorizing  payments  from  estates  ot 
minors  under  guardianship  for  expenses  for  the  funerals  of  the  parents 
in  certain  cases). 

Sect.  47 A  added,  1937,  312  §  1  (permitting  guardians  and  conser- 
vators to  invest  funds  in  certain  insurance  policies  and  annuity  con- 

Sect.  48A  revised,  1941,  241. 

Chapter  202.  —  Sales,  Mortgages  and  Leases  of  Real  Estate  by  Executors, 
Administrators,   Guardians  and  Conservators. 

Sect.  4A  added,  1933,  129  (relative  to  the  use  and  management  of 
real  estate  of  a  decedent  by  his  executor  or  administrator  for  the  pur- 
pose of  the  payment  of  debts  from  the  rents  thereof). 


978  Changes  in  the  [Chaps.  203-207. 

Sect.  12  amended,  1941,  194  §  17. 

Sect.  14  amended,  1934,  157  §  1. 

Sect.  19  amended,  1941,  341  §  1.     (See  1941,  341  §  2.) 

Sect.  20  revised,  1933,  221  §  5.     (See  1933,  221  §  8.) 

Chapter  203.  —  Trusts. 

Sect.  13  revised,  1943,  201  §  1.     (See  1943,  201  §  3.) 

Sect.  16  amended,  1934,  157  §  2. 

Sect.  17A  added,  1932,  50  (relative  to  the  sale  of  real  estate  by 
foreign  testamentary  trustees). 

Sect.  22  amended,  1936,  184  §  1.     (See  1936,  184  §  2.) 

Sects.  24A  and  24B  added,  under  caption  "salvage  operations 
OF  trustees",  1943,  389  §  1.    (See  1943,  389  §  2.) 

Sect.  25A  added,  under  the  heading  "purchase  of  insurance 
POLICIES  OR  ANNUITY  CONTRACTS",  1937,  312  §  2  (permitting  trustees 
to  invest  funds  in  certain  insurance  poHcies  and  annuity  contracts). 

Chapter  203A.  —  Collective  Investment  of  Small  Trust  Funds. 

New  chapter  inserted,  1941,  474. 

Chapter  204.  —  General  Provisions  relative  to  Sales,  Mortgages,   Releases, 
Compromises,  etc.,   by  Executors,  etc. 

Sect.  26  amended,  1933,  221  §  6.     (See  1933,  221  §  8.) 
Sects.  27-36  added,  1943,  152  (authorizing  releases  and  disclaimers 
of  powers  of  appointment  and  providing  for  the  methods  of  releasing 
and  disclaiming  the  same). 

Sect.  37  added,  1943,  201  §  2  (authorizing  the  resignation  of  fidu- 
ciaries by  their  guardians,  conservators  or  committees,  or  other  like 
officers,  acting  in  their  behalf). 

Chapter  205.  —  Bonds  of  Executors,  Administrators,  Guardians,  Conserva- 
tors, Trustees  and  Receivers. 

Sect.  4  amended,  1941,  45  §  1. 
Sect.  5  amended,  1941,  45  §  2. 

Chapter   206.  —  Accounts   and   Settlements   of   Executors,   Administrators, 
Guardians,  Conservators,  Trustees  and  Receivers. 

Sect.  7  amended,  1941,  194  §  18. 
Sect.  16  amended,  1941,  36. 
Sect.  17  amended,  1936,  208. 
Sect.  19  repealed,  1938,  154  §  2. 
Sect.  23  repealed,  1938,  154  §  2. 
Sect.  24  revised,  1938,  154  §  1. 

Chapter  207.  —  Marriage. 

Sect.  5  amended,  1941,  194  §  18A. 
Sect.  7  revised,  1941,  270  §  1. 

Sect.  20  amended,  1933,  127;  sentence  inserted  after  the  word  "resi- 
dence" in  line  18,  1943,  561  §  3. 


Chaps.  208-212.J  GENERAL   LaWS.  979 

Sect.  20A  added,  1939,  269  §  3  (relative  to  the  duties  of  city  and 
town  clerks  in  the  case  of  the  filing  of  notices  of  intention  of  marriage  of 
pregnant  females). 

Sect.  20B  added,  1941,  601  §  1  (requiring  pre-marital  physical 
examination);  first  paragraph  amended,  1941,  697  §  1;  second  para- 
graph stricken  out  and  three  paragraphs  inserted,  1941,  697  §  2;  re- 
pealed, 1943,  561  §  2.    (See  1941,  697  §  3.) 

Sect.  21,  paragraph  added  at  end,  1943,  168  §  2. 

Sect.  28  amended,  1941,  601  §  2.    (See  1941,  601  §  4.) 

Sect.  28A  added,  1943,  561  §  1  (further  regulating  pre-marital  ex- 
aminations) . 

Sect.  30  amended,  1937,  11  §  1.     (See  1937,  11  §  2.)  . 

Sect.  33  amended,  1941,  270  §  2. 

Sect.  38  revised,  1932,  162.       - 

Sect.  47A  added,  under  heading  "breach  of  contract  to  marry 
NOT  actionable",  1938,  350  §  1  (abolishing  causes  of  action  for  breach 
of  contract  to  marry).     (See  1938,  350  §  3.) 

Sect.  52  revised,  1943,  312  §  1.    (See  1943,  312  §  2.) 

Sect.  57  amended,  1941,  601  §  3.    (See  1941,  601  §  4.) 

Chapter  208.  —  Divorce. 

Sect.  2  revised,  1937,  76  §  1.     (See  1937,  76  §  2.) 

Sects.  9-11  revised,  1943,  196  §  1.    (See  1943,  196  §  2.) 

Sect.  19  revised,  1932,  3. 

Sect.  21,  sentence  added  at  end,  1934,  181  §  1.    (See  1934,  181  §  2.) 

Sect.  24  amended,  1943,  168  §  1. 

Sect.  33  revised,  1936,  221  §  1.     (See  1936,  221  §  2.) 

Sect.  38  revised,  1933,  288. 

Chapter  209.  —  Husband  and  Wife. 

Sect.  21  amended,  1939,  32  §  3.     (See  1939,  32  §  5.) 
Sect.  32,  sentence  added  at  end,  1938,  136. 
Sect.  33  revised,  1933,  360. 

Chapter  210.  —  Adoption  of  Children  and   Change  of  Names. 

Sect.  1  amended,  1941,  44. 

Sect.  3  amended,  1941,  61. 

Sect.  6,  paragraph  added  at  end,  1943,  155  §  1. 

Sect.  13,  paragraph  added  at  end,  1943,  155  §  2. 

Chapter  211.  —  The  Supreme  Judicial   Court. 

Sect.  11  revised,  1933,  300  §  1.     (See  1933,  300  §  4.) 
Sect.  19  revised,  1938,  115  §  1. 

Chapter  212.  —  The  Superior  Court. 

For  act  further  extending  to  December  31,  1945,  the  operation  of  cer- 
tain provisions  of  law  (1923,  469,  as  amended)  relative  to  the  more 
prompt  disposition  of  crmimal  cases  in  the  superior  court,  see  1943,  140. 


980  Changes  in  the  [Chaps.  213-215. 

For  act  relative  to  sittings  and  sessions  of  the  superior  court,  see 
1932,  144.    (For  prior  temporary  legislation,  see  1927,  306;   1928,  228.) 

Sect.  14  revised,  1932,  144  §  1.  (For  prior  temporary  legislation, 
see  1927,  306;  1928,  228.) 

Sect.  14A  added,  1932,  144  §  2  (regulating  the  establishing  of  sessions 
and  sittings  of  the  superior  court).  (For  prior  temporary  legislation, 
see  1927,  306;  1928,  228.) 

Sects.  15-18  repealed,  1932,  144  §  3. 

Sect.  22  amended,  1934,  287;  1943,  145  §  1;  sentence  added  at  end, 
1943,  244  §  3.     (See  1943,  145  §  2.) 

Sect.  24  amended,  1943,- 244  §  4. 

Sect.  25  amended,  1932,  144  §  4. 

Sect.  26A  added,  1935,  229  §  1  (providing  for  the  transfer  from  the 
superior  court  to  the  land  court  of  certain  actions  at  law  and  suits  in 
equity  where  any  right,  title  or  interest  in  land  is  involved).  (See  1935, 
229  §  2.) 

Chapter  213.  —  Provisions  Common  to  the  Supreme  Judicial  and  Superior 

Courts. 

Sects.  1A  and  IB  added,  1939,  257  §  1  (grantmg  to  the  superior  court 
jurisdiction  of  certain  extraordinary  writs  and  certain  other  matters, 
concurrently  with  the  supreme  judicial  court).    (See  1939,  257  §  2.) 

Sect.  1A  amended,  1941,  28,  180. 

Sects.  IC  and  ID  added,  1943,  374  §  4  (providuig  for  changing  a 
petition  for  certiorari  into  a  petition  for  mandamus  and  vice  versa  and 
providing  for  appeals  from  judgments  upon  such  petitions). 

Sect.  3,  clause  Tenth  B  added,  1943,  374  §  3  (providing  for  the  pres- 
entation at  hearings  upon  petitions  for  certiorari  of  evidence  at  pro- 
ceedings complained  of  in  such  petitions). 

Sect.  6  amended,  1932,  144  §  5. 

Chapter  214.  —  Equity  Jurisdiction  and  Procedure  in  the  Supreme  Judicial 

and  Superior  Courts. 

Sect.  1  amended,  1935,  407  §  2.  (See  1935,  407  §  6;  1937,  436  §  10; 
G.  L.  150A  §  6  (h)  inserted  by  1938,  345  §  2.) 

Sect.  2.     Affected,  1939,  257  §  2. 

Sect.  3,  clause  (12)  added  at  end,  1939,  194  §  1. 

Sect.  9  amended,  1934,  381;  1935,  407  §  3.  (See  1935,  407  §  6;  1937, 
436  §  10;  G.  L.  150A  §  6  (h)  inserted  by  1938,  345  §  2.) 

Sect.  9A  added,  1935,  407  §  4  (limiting  authority  of  courts  to  grant 
injunctive  relief  in  cases  involving  or  growing  out  of  labor  disputes). 
(See  1935,  407  §  6;  1937,  436  §  10;  G.  L.  150A  §  6  (h)  mserted  by  1938, 
345  §  2.) 

Chapter  215.  —  Probate  Courts. 

Sect.  6  amended,  1933,  237  §  1;  revised,  1937,  257;  amended,  1939, 
194  §  2. 

Sect.  6B  added,  1935,  247  §  1  (providing  for  interpretative  judg- 
ments m  the  probate  courts  as  to  the  meaning  of  written  mstruments). 
(See  1935,  247  §  2.) 

Sect.  30A  amended,  1934,  330. 


Chaps.  217, 218.J  GENERAL   LaWS.  981 

Sect.  44,  last  sentence  revised,  1941,  323  §  1;  section  amended,  1943, 
91.  (See  1941,  323  §  2.) 
Sect.  61  repealed,  1939,  65  §  1.  (See  1939,  65  §  2.) 
Sect.  62,  paragraph  in  lines  17-20  revised,  1932,  107;  1936,  241; 
paragraph  in  lines  29-33  revised,  1934,  24;  paragraph  in  lines  34-37 
amended,  1934,  54;  same  paragraph  revised,  1934,  175  §  1;  paragraph 
in  lines  45-51  revised,  1935,  132;  paragraph  in  lines  56  and  57  revised, 
1933,  274.     (See  1934,  175  §  2.) 


Chapter  217.  —  Judges  and  Registers  of  Probate  and   Insolvency. 

For  legislation  relative  to  abolition  of  office  of  special  judge  of  pro- 
bate and  insolvency  on  the  death,  resignation  or  removal  of  the  incum- 
bent, see  1937,  408  §  8. 

Sect.  1  amended,  1935,  434  §  1. 

Sect.  2  amended,  1934,  290;  1935,  434  §  2. 

Sects.  5  and  6  stricken  out  and  new  sections  5,  5A,  6,  6A  inserted, 
1937,  408  §  3.     (See  1937,  408  §  9.) 

Sect.  7,  sentence  added  at  end,  1937,  408  §  4.    (See  1937,  408  §§3,  9.) 

Sect.  8  revised,  1937,  408  §  5.     (See  1937,  408  §  9.) 

Sect.  24  amended,  1943,  464  §  1.    (See  1943,  464  §  2.) 

Sect.  24A  revised,  1939,  392. 

Sect.  30  revised,  1935,  143  §  1;*  1935,  313  §  1;  1936,  252  §  1;  1941, 
226  §  1.     (See  1935,  313  §  3;  1936,  252  §  2;  1941,  226  §  2.) 

Sect.  31 A  added,*  1935,  313  §  2  (providing  for  the  appointment  of  a 
messenger  for  the  probate  court  of  Essex  county).    (See  1935,  313  §  3.) 

Sect.  34  revised,  1937,  408  §  1.     (See  1937,  408  §  9.) 

Sect.  38  repealed,  1937,  408  §  2. 

Sect.  40  revised,  1937,  408  §  6.     (See  1937,  408  §  9.) 

Sect.  41  amended,  1937,  408  §  7;   1941,  503.    (See  1937,  408  §§  8,  9.) 

Chapter  218.  —  District  Courts. 

For  act  further  extending  to  December  31,  1945,  the  operation  of  cer- 
tain provisions  of  law  (1923,  469,  as  amended)  authorizing  certain 
justices  of  district  courts  to  sit  in  criminal  cases  in  the  superior  court, 
see  1943,  140. 

For  legislation  limiting  the  number  of  special  justices  of  certain  dis- 
trict courts,  see  1941,  664. 

Sect.  1,  first  paragraph  under  caption  "Franklin"  revised,  1932, 
87  §  1;  section  amended,  1939,  451  §  59. 

Sect.  6,  first  paragraph  revised,  1941,  664  §  1.    (See  1941,  664  §§2,  3.) 

Sect.  8  revised,  1936,  282  §  1.     (See  1936,  282  §  3.) 

Sect.  9,  sentence  added  at  end,  1934,  217  §  1. 

Sect.  10  amended,  1932,  160  §  1;  1937,  297  §  1;  1938,  193  §  1;  last 
paragraph  revised,  1938,  222  §  1;  paragraph  added  at  end,  1941,  309  §  1. 
(See  1937,  297  §  2;   1938,  193  §  2,  222  §  2.) 

Sect.  13  revised,  1937,  59;  first  paragraph  stricken  out,  1939,  157  §  1. 
(See  1939,  157  §  4.) 

Sect.  15  revised,  1939,  230  §  1,  347  §  1.     (See  1939,  230  §  2.) 

*  Void  for  non-acceptance. 


982  Changes  in  the  [Chaps.  219-221 . 

Sect.  16  revised,  1937,  219  §  3;  1939,  214  §  5. 

Sect.  19  amended,  1934,  387  §  1;  1943,  296  §  1.  (See  1934,  387  §  5; 
1943,  296  §  6,  437.) 

Sect.  22  amended,  1937,  310. 

Sect.  26  revised,  1937,  301  §  1;  1938,  365  §  1.  (See  1937,  301  §  2; 
1938,  365  §  2.) 

Sect.  29  amended,  1932,  55. 
,      Sect.  30  amended,  1941,  194  §  19. 

Sect.  35 A  added,  1943, 349  §  1  (providing  that  certain  persons  against 
whom  complaints  are  made  in  district  courts  may  be  given  an  oppor- 
tunity to  be  heard  before  issuance  of  process).    (See  1943,  349  §  2.) 

Sect.  38,  second  sentence  revised,  1939,  347  §  2. 

Sect.  43  amended,  1939,  347  §  3. 

Sect.  43A,  first  paragraph  amended.  1938,  324;  section  revised,  1941, 
682  §  1;  first  paragraph  amended,  1943,  101.    (See  1941,  682  §§  lA,  2.) 

Sect.  53,  paragraph  added  after  the  first  paragraph,  1936,  230. 

Sect.  58  revised,  1936,  282  §  2.     (See  1936,  282  §  3.) 

Sect.  62  amended,*  1932,  235  §  1;  revised,*  1932,  247  §  1;  amended, 

1935,  71  §  1;  1937,  298;  revised,  1939,  305;    amended,  1941,  309  §  3, 
348.     (See  1935,  71  §  2.) 

Sect.  63  revised   1935  341. 

Sect."  76  amended,  1932,  269  §  1;  1935,  366  §  1;  1937,  378  §  1;  re- 
vised, 19.39,  451  §  60.     (See  1935,  366  §  3.) 

Sect.  77  revised,  1937,  294. 

Sect.  79  amended,  1941,  309  §  2;  revised,  1941,  447  §  2;  amended, 
1943,  136  §  2.     (See  1941,  447  §§  4,  5;   1943,  136  §  3.) 

Sect.  80,  sentence  added  at  end,  1935,  366  §  2;    section  amended, 

1936,  229  §  1;  1937,  378  §  2;  revised,  1941,  447  §  3.    (See  1935,  366  §  3; 
1936,  229  §  2;  1941,  447  §§  4,  5.) 

Sect.  81  revised,  1939,  296  §  1.     (See  1939,  296  §  3.) 

Chapter  219.  —  Trial  Justices. 

Sect.  28  amended,  1934,  328  §  23. 

Chapter  220.  —  Courts  and  Naturalization. 

Sects.  13A  and  13B  added,  1935,  407  §  5  (regulating  procedure  in 
trials  for  contempt  arising  out  of  disobedience  to  decrees  or  process  of 
courts  in  labor  dispute  cases).  (See  1935,  407  §  6;  1937,  436  §  10; 
G.  L.  150A  §  6  (h)  inserted  by  1938,  345  §  2.) 

Sect.  14 A  added,  1936,  206  §  1  (relative  to  the  time  within  which 
certain  justices  shall  render  their  decisions).     (See  1936,  206  §  2.) 

Sects.  16  and  17  repealed,  1932,  144  §  3. 

Sect.  19  repealed,  1932,  16. 

Chapter  221.  —  Clerks,  Attorneys  and  Other  Officers  of  Judicial   Courts. 

Sect.  4  amended,  1935,  89  §  1;  1937,  158  §  1;  1943,  336  §  1.  (See 
1935,  89  §  2;  1937,  158  §  2;  1943,  336  §  3.) 
Sect.  5  amended,  1932,  51;  1943,  336  §  2.  (See  1943,  336  §  3.) 

•  Void  for  non-acceptance. 


Ohai'.  223.]  General  Laws.  983 

Sect.  12  revised,  1937,  219  §  4;  1939,  214  §  6. 

Sect.  24  revised,  1936,  31  §  3. 

Sect.  27  revised,  1939,  157  §  2.     (See  1939,  157  §  4.) 

Sect.  27A  added,  1939,  157  §  3  (relative  to  the  disposal  of  certain 
obsolete  and  useless  papers  of  courts).     (See  1939,  157  §  4.) 

Sect.  43  revised,  1939,  197  §  1. 

Sects.  44A  and  44B  added,  1939,  197  §  2  (prohibiting  employees  and 
other  persons  connected  with  hospitals  from  furnishing  certain  infor- 
mation about  certain  personal  injury  cases  to  attorneys  at  law). 

Sect.  44A  amended,  1943,  293. 

Sect.  46  revised,  1935,  346  §  1. 

Sects.  46A  and  46B  added,  1935,  346  §  2  (prohibiting  individuals  not 
members  of  the  bar  from  practising  law  or  attempting  so  to  do  and  pro- 
viding a  means  of  restraining  unauthorized  practice  of  law). 

Sect.  47  repealed,  1935,  346  §  3. 

Sect.  49  repealed,  1935,  346  §  3. 

Sect.  53  amended,  1939,  151. 

Sect.  58  amended,  1932,  40  §  1. 

Sect.  60  repealed,  1932,  40  §  2. 

Sect.  63  amended,  1939,  6  §  1.     (See  1939,  6  §§  2,  3.) 

Sect.  73  revised,  1935,  182  §  2;  1938,  347  §  2;  1941,  448  §  1.  (See 
1935,  182  §§  5,  6;   1938,  347  §  3;   1941,  448  §  3.) 

Sect.  73A  added,  1938,  347  §  2;  amended,  1941,  448  §  2.  (See  1938, 
.347  §3;   1941,448  §3.) 

Sect.  76  revised,  1935,  182  §  3;  first  sentence  stricken  out  and  two 
new  sentences  added,  1939,  258  §  1 ;  second  and  third  sentences  revised, 
1939,  165  §  2.    (See  1935,  182  §§  5,  6;   1939,  165  §  3,  258  §  2.) 

Sect.  80  amended,  1935,  182  §  4.     (See  1935,  182  §  6.) 

Sect.  94,  first  sentence  amended,  1932,  180  §  39. 


Chapter  223.  —  Commencement  of  Actions,   Service  of  Process. 

Sect.  2  revised,  1934,  387  §  2;  last  sentence  of  first  paragraph  revised, 
1943,  296  §  2.   (See  1934,  387  §  5;   1943,  296  §  6,  437.) 

Sect.  2A  added,  1935,  483  §  1  (providing  for  trial  together  of  two  or 
more  actions  arising  out  of  the  same  motor  vehicle  accident  pending  in 
district  courts).  (See  1935,  483  §§  2,  3.)  Section  stricken  out  and  new 
sections  2A-2C  inserted,  1943,  369  §  1  (relative  to  the  trial  and  disposi- 
tion of  certain  actions  and  proceedings  pending  in  different  courts). 
(See  1943,  369  §  2.) 

Sect.  24  amended,  1938,  115  §  2. 

Sect.  38  amended,  1939,  451  §  61. 

Sect.  42  amended,  1937,  295  §  1. 

Sect.  42A  added,  1943,  234  §  1  (relative  to  the  amount  for  which 
attachments  may  be  made  on  liquidated  claims).     (See  1943,  234  §  3.) 

Sect.  44A  added,  1937,  295  §  2  (further  regulating  the  attachment  of 
motor  vehicles  on  mesne  process  in_actions  of  contract) 

Sect.  48  revised,  1937,  308;  amended,  1938,  348  §  1.  (See  1938, 
348  §  2.) 

Sect.  74  revised,  1943,  298  §  1.     (See  1943,  298  §  10.) 

Sect.  75  revised,  1943,  298  §  2.     (See  1943,  298  §  10.) 

Sect.  76  revised,  1943,  298  §  3.     (See  1943,  298  §  10.) 


984  Changes  in  the  [Chaps.  224-231. 

Sect.  78  revised,  1943,  298  §  4.  (See  1943,  298T§  10.) 
Sect.  79  revised,  1943,  298  §  5.  (See  1943,  298 ^§^0.) 
Sect.  80  revised,  1943,  298  §  6.  (See  1943,  298  §  10.) 
Sect.  81  revised,  1943,  298  §  7.  (See  1943,  298  §  10.) 
Sect.  82  revised,  1943,  298  §  8.  (See  1943,  298  §  10.) 
Sect.  83A  added,  1943,  298  §  9  (providing  that  sections  74-83   shall 

not  apply  to  conditional  sales,  notices  of  which  are  recordable  under 

G.  L.  184  §  13).     (See  1943,  298  §  10.) 
Sect.  114  amended,  1938,  325  §  1:  revised,  1943,  234  §  2     (See  1938, 

325  §  2;   1943,  234  §  3.) 


Chapter  224.  —  Arrest  on   Mesne  Process  and  Supplementary  Proceedings 

in  Civil  Actions. 

Sect.  16  amended,  1943,  292  §  1.     (See  1943,  292  §  2.) 

Chapter  228.  —  Survival  of  Actions  and  Death  and  Disabilities  of  Parties. 

Sect.  1  revised,  1934,  300  §  1.     (See  1934,  300  §  2.) 
Sect.  5  amended,  1933,  221  §  7:   revised,  1937,  406  §  1.    Affected, 
1938,  16.     (See  1933,  221  §  8.) 

Chapter  229.  —  Actions   for   Death   and    Injuries  Resulting   in   Death. 

Sect.  1  revised,  1943,  444  §  1. 

Sect.  2  amended,  1941,  460  §  1,  504  §  1. 

Sect.  3,  first  sentence  revised,  1941,  460  §  2;  section  amended,  1941, 
504  §  2. 

Sect.  5  amended,  1937,  406  §  3;  1941,  504  §  3. 

Sect.  5A  added,  1938,  278  §  1  (to  permit  recovery  in  certain  death 
cases  notwithstanding  that  the  death  of  the  tortfeasor  occurred  before 
that  of  the  person  whose  death  he  caused).    (See  1938,  278  §  2.) 

Sect.  6  amended,  1939,  451  §  62. 

Sects.  6A  and  6B  added,  1943,  444  §  2  (relative  to  the  disposition  of 
money  recovered  in  certain  actions  for  death). 

Sect.  9  amended,  1941,  504  §  4. 

Chapter  230.  —  Actions  By  and  Against  Executors  and  Administrators. 

Sect.  5  amended,  1934,  116. 

Chapter  231.  —  Pleading  and  Practice. 

Sect.  4A  added,  1943,  350  §  1  (providing  for  the  joinder  of  parties  in 

one  action  in  certain  cases).    (See  1943,  350  §§3,  4.) 
Sect.  6A  added,  1939,  372  §  1  (relative  to  the  recovery  of  certain 

medical  expenses  by  the  husband  of  a  married  woman  or  the  parent  or 

guardian  of  a  minor,  in  actions  to  recover  for  personal  injuries  by 

married  women  and  minors).    (See  1939,  372  §  2.) 

Sect.  7,  clause  Sixth  revised,  1939,  67  §  1.    (See  1939,  67  §  2.) 

Sect.  55  amended,  1935,  318  §  6.     (See  1935,  318  §  8.) 

Sect.  59C  added,  under  caption  "speedy  trial  of  certain  actions 

FOR  malpractice,  ERROR  OR  MISTAKE",  1935,  118  §  1  (relative  to  the 


Chap.  233.]  GENERAL   LaWS.  985 

advancement  for  speedy  trial  in  the  superior  court  of  actions  against 
physicians  and  others  for  malpractice,  error  or  mistake).  (See  1935, 
118  §  2.) 

Sect.  63  amended,  1932,  84  §  1. 

Sect.  69  amended,  1932,  177  §  1.     (See  1932,  177  §  2.) 

Sect.  73  repealed,  1932,  180  §  40. 

Sect.  78  repealed,  1932,  180  §  40. 

Sect.  84A  added,  1933,  247  §  1  (relative  to  the  joint  trial  in  the 
superior  court  of  actions  involving  the  same  subject  matter).  (See 
1933,  247  §  2.) 

Sects.  85B  and  85C  added,  1937,  439  §  1  (relative  to  procedure  in 
certain  actions  to  recover  damages  arising  out  of  motor  vehicle  acci- 
dents and  in  suits  by  judgment  creditors  in  actions  to  reach  and  apply 
the  proceeds  of  motor  vehicle  liability  policies  and  in  actions  to  recover 
on  motor  vehicle  liability  bonds).     (See  1937,  439  §  2.) 

Sect.  91  revised,  1943,  365  §  1.     (See  1943,  365  §  2.) 

Sect.  93  revised,  1943,  360. 

Sect.  94  amended,  1943,  361. 

Sect.  102A  added,  1934,  387  §  3  (relative  to  the  removal  to  the 
superior  court  of  an  action  of  tort  arising  out  of  the  operation  of  a 
motor  vehicle);  amended,  1937,  133  §  1;  revised,  1938,  338  §  1;  first 
paragraph  amended,  1941,  203  §  1;  second  paragraph  amended,  1941, 
203  §2;  section  repealed,  1943,  296  §  3.  (See  1934,  387  §  5;  1937,  133 
§  2;  1938,  338  §  2;  1941,  203  §  3;  1943,  296  §  6.) 

Sect.  107  revised,  1943,  296  §  4.    (See  1943,  296  §  6.) 

Sect.  108,  second  paragraph  revised,  1939,  382;  second  sentence  of 
third  paragraph  revised,  1933,  255  §  1.     (See  1933,  255  §  2.) 

Sect.  115  amended,  1939,  451  §  63. 

Sect.  133  amended,  1933,  300  §  2.     (See  1933,  300  §  4.) 

Sect.  135,  two  paragraphs  inserted  after  first  paragraph,  1941,  187 
§  1.     (See  1941,  187  §  2.) 

Sect.  140A  added,  1932,  130  §  1  (relative  to  the  effect  of  a  settle- 
ment by  agreement  of  an  action  of  tort  growing  out  of  a  motor  vehicle 
accident  upon  the  right  of  a  defendant  in  such  action  to  maintain  a 
cross  action). 

Sect.  141  amended,  1932,  130  §  2;  1933,  300  §  3;  1934,  387  §  4; 
1943,  296  §  5,  350  §  2.  (See  1933,  300  §  4;  1934,  387  §  5;  1943,  296 
§  6,  350  §§  3,  4.) 

Sect.  142  amended,  1935,  318  §  7.     (See  1935,  318  §  8.) 

Sect.  145  amended,  1939,  451  §  64. 

Sect.  147,  Form  8  repealed,  1938,  350  §  2. 

Chapter  233.  —  Witnesses  and  Evidence. 

Sect.  3A  added,  1933,  262  (authorizing  the  commissioner  of  banks 
to  respond  to  summonses  or  subpoenas  by  an  employee  or  other 
assistant  in  his  department). 

Sect.  8  amended,  1933,  269  §  3,  376  §  3. 

Sects.  13A-13D  added,  1937,  210  §  1  (making  uniform  the  law 
securing  the  attendance  of  witnesses  from  without  a  state  in  criminal 
proceedings).     (See  1937,  210  §  2.) 

Sect.  22  amended,  1932,  97  §  1. 

Sect.  26  amended,  1932,  71  §  1. 


986  Changes  in   the  [Chaps.  234-244. 

Sect.  29  amended,  1932,  71  §  2. 

Sect.  30  amended,  1932,  71  §  3. 

Sect.  32  amended,  1932,  71  §  4. 

Sect.  33  amended,  1932,  71  §  5. 

Sect.  34  amended,  1932,  71  §  6. 

Sect.  45  amended,  1932,  71  §  7. 

Sect.  46  amended,  1932,  71  §  8. 

Sect.  47  amended,  1932,  71  §  9. 

Sect.  48  amended,  1932,  71  §  10. 

Sect.  49  amended,  1932,  71  §  11. 

Sect.  65  amended,  1941,  363  §  1;  1943,  105  §  1;  revised,  1943,  232 
§  1.    (See  1941,  363  §  2;   1943,  105  §  2,  232  §  2.) 

Sect.  75,  sentence  added  at  end,  1943,  190  §  1.     (See  1943,  190  §  2.) 

Sect.  76A  added,  1938,  213  §  1  (relative  to  the  use  of  authenticated 
copies  of  certain  papers  and  documents  filed  with  the  federal  securities 
and  exchange  commission).     (See  1938,  213  §  2.) 

Sect.  79  revised,  1941,  389  §  2;  amended,  1943,  233  §  1.  (See  1943, 
233  §  2.) 

Sect.  79 A  added,  1941,  662  §  2  (relative  to  the  use  in  evidence  of 
photographic  and  microphotographic  records  and  copies). 

Chapter  234.  —  Juries. 

Sect.  1  amended,  1935,  257  §  11;  1936,  25.  (See  1935,  257  §  12.) 

Sect.  11  amended,  1934,  150. 

Sect.  15  repealed,  1936,  161  §  1.  (See  1936,  161  §  3.) 

Sect.  24  amended,  1941,  90. 

Chapter  236.  —  Levy  of  Executions  on  Land. 

Sect.  18  revised,  1939,  32  §  4.     (See  1939,  32  §  5.) 


Chapter  239.  —  Summary  Process  for  Possession  of  Land. 

Sect.  1  amended,  1941,  242  §  1. 

Sect.  6A  added,  1941,  242  §  2  (relative  to  conditions  of  bonds  in 
actions  of  summary  process  for  recovery  of  possession  of  land^after 
tax  title  foreclosures). 

Sects.  9-13  affected,  1941,  700. 

Chapter  240.  —  Proceedings  for  Settlement  of  Title  to  Land. 

Sect.  14A  added,  1934,  263  §  2  (providing  for  determination  by  the 
land  court  by  declaratory  judgment  as  to  the  validity  and  extent  of 
municipal  zoning  ordinances,  by-laws  and  regulations). 

Chapter  244.  —  Foreclosure  and  Redemption  of  Mortgages. 

For  legislation  concerning  judicial  determination  of  rights  to  foreclose 
real  estate  mortgages  in  which  soldiers  or  sailors  may  be  interested,  see 
1941,  25;  1943,  57. 


Chaps.  246-258.1  GENERAL   LaWS.  987 


Chapter  246.  —  Trustee  Process, 

Sect.  1  revised,  1938,  303  §  1;  amended,  1943,  17  §  1.  (See  1938,  303 
§  2;  1943,  17  §  2.) 

Sect.  28  revised,  1935,  410  §  1;  1941,  338  §  1.  (See  1935,  410  §§  2, 
3;  1941,  338  §  2.) 

Sect.  32,  paragraph  added  at  end,  1938,  343. 

Chapter  249.  —  Audita  Querela,  Certiorari,  Mandamus  and  Quo  Warranto. 

Sect.  4  amended,  1943,  374  §  1.  (See  1939,  257;  1941,  28,  180; 
1943,  374  §§  3,  4.) 

Sect.  5  amended,  1938,  202;  1943,  374  §  2.  (See  1939,  257;  1941, 
28,  180;  1943,  374  §  4.) 

Chapter  250.  —  Writs  of  Error,  Vacating  Judgment,  Writs  of  Review. 

Sect.  16  amended,  1933,  244  §  1.     (See  1933,  244  §  2.) 

Chapter  255.  —  Mortgages,  Conditional  Sales  and  Pledges  of  Personal 
Property,  and  Liens  thereon. 

Sect.  1.  See  1933,  142  (recording  of  federal  crop  loans  to  farmers). 
See  also  1936,  264  subsection  20  (relative  to  trust  receipt  and  pledge 
transactions). 

Sect.  3  amended,  1935,  86  §  2. 

Sects.  7A-7E  added,  1935,  86  §  1  (relative  to  the  mortgaging  of 
crops  and  certain  other  classes  of  personal  property). 

Sect.  11  revised,  1939,  509  §  1. 

Sect.  12  revised,  1939,  509  §  1;  1943,  410  §  1.    (See  1943,  410  §  2.) 

Sect.  13  revised,  1939,  509  §  1;  amended,  1941,  285. 

Sect.  13A  added,  1935,  348  §  1  (regulating  conditional  sales  of  motor 
vehicles);  revised,  1939,  509  §  1.    (See  1935,  348  §  2.) 

Sect.  13B  added,  1935,  396  (relative  to  certain  contracts  of  condi- 
tional sale  of  household  or  personal  effects). 

Sects.  13C  and  13D  added,  1937,  315  (relative  to  contracts  of  con- 
ditional sale  of  household  furniture  or  other  household  or  personal 
effects  except  jewelry). 

Sect.  13C  revised,  1938,  367. 

Sects.  13C  and  13D  stricken  out,  and  new  sections  13C-13G  inserted, 
1939,  509  §  2. 

Sect.  13H  added,  1941,  468  (relative  to  conditional  sales  of  textile 
and  other  machinery,  seats  for  theatres  and  other  places  of  public 
assembly,  and  parts,  accessories,  appliances  and  equipment  therefor). 

Sect.  35  amended,  1938,  83  §  1.     (See  1938,  83  §  2.) 

Chapter    255A.  —  Trust    Receipts    and    Pledges   without    Possession    in    the 

Pledgee. 

New  chapter  inserted,  1936,  264. 

Chapter  258.  —  Claims  against  the  Commonwealth. 

Sect.  3  revised,  1932,  180  §  41. 
Sect.  5  repealed,  1943,  566  §^2. 


988  Changes  in  the  [Chaps.  260-265. 


Chapter  260.  —  Limitation  of  Actions. 

Sect.  3A  added,  1943,  566  §  1  (limiting  the  time  within  which  peti- 
tions founded  upon  claims  against  the  commonwealth  may  be  brought). 

Sect.  4  amended,  1933,  318  §  5;  1934,  291  §  4;  1937,  385  §  9;  para- 
graph added  at  end,  1943,  409  §  4.  (See  1933,  318  §  9;  1934,  291  §  6; 
1937,  385  §  10.) 

Sect.  10,  sentence  added  at  end,  1937,  406  §  2, 

Chapter  261.  —  Costs  in  Civil  Actions. 

Sect.  4  amended,  1937,  44  §  1.    (See  1937,  44  §  2;   1943,  296  §§  3,  6.) 

Chapter  262.  —  Fees  of  Certain  Officers. 

Sect.  2  revised,  1939,  345  §  1.     (See  1939,  345  §  3.) 

Sect.  4,  seventh  paragraph  amended,  1937,  188;  seventh  to  tenth 
paragraphs  stricken  out,  1939,  345  §  2.     (See  1939,  345  §  3.) 

Sect.  5  amended,  1933,  201. 

Sect.  25  amended,  1933,  162;  1934,  141. 

Sect.  32  revised,  1935,  280. 

Sect.  34  amended,  1933,  21. 

Sect.  34A  added,  1938,  380  (authorizing  the  charging  of  certain  fees 
by  city  and  town  clerks  or  registrars  for  the  expense  of  the  examination 
or  copying  by  them  of  records  of  births,  marriages  and  deaths). 

Sect.  38,  second  paragraph  amended,  1937,  97. 

Sect.  39,  paragraph  added  at  end,  1939,  13. 

Sect.  40  revised,  1934,  324  §  1.     (See  1934,  324  §  2.) 

Sect.  46A  added,  1938,  232  (to  provide  for  furnishing  without  charge 
copies  of  records  relating  to  soldiers,  sailors  and  marines  in  certain 
cases);  revised,  1943,  484. 

Sect.  53  amended,  1936,  251. 

Chapter  263.  —  Rights  of  Persons  Accused  of  Crime. 

Sect.  4A  added,  1934,  358  (expediting  the  arraignment  of  persons 
charged  with  crimes  not  punishable  by  death  by  permitting  them  to 
waive  indictment  proceedings). 

Sect.  6  amended,  1933,  246  §  1.     (See  1933,  246  §  2.) 

Chapter  264.  —  Crimes  against  Governments. 

Sect.  5  revised,  1932,  298;   amended,  1933,  153  §  3;    1934,  56;   re- 
vised, 1941,  117  §  1.    (See  1941,  117  §  2.) 
Sect.  lOA  revised,  1933,  276. 

Chapter  265.  —  Crimes  against  the  Person. 

Sect.  13A  added,  1943,  259  §  1  (providing  a  penalty  for  the  crimes  of 
assault  and  assault  and  battery).     (See  1943,  259  §  2.) 
Sect.  17  revised,  1943,  250  §  1.     (See  1943,  250  §  2.) 
Sect.  25  revised,  1932,  211. 
Sect.  26  amended,  1934,  1. 


CHAP8.  266-269.)  General  Laws.  989 


Chapter  266.  —  Crimes  against  Property. 

Sect.  1  revised,  1932,  192  §  1. 

Sect.  2  revised,  1932,  192  §  2. 

Sects.  3  and  4  repealed,  1932,  192  §  3. 

Sect.  5  revised,  1932,  192  §  4. 

Sect.  5A  added,  1932,  192  §  5  (defining  and  providing  penalties  for 
attempts  to  commit  arson). 

Sect.  6  repealed,  1932,  192  §  3. 

Sect.  8  revised,  1932,  192  §  6. 

Sect.  10  revised,  1932,  192  §  7. 

Sect.  16  revised,  1943,  343  §  1.    (See  1943,  343  §  2.) 

Sect.  22  amended,  1935,  365. 

Sect.  25  amended,  1943,  518  §  1.    (See  1943,  518  §  2.) 

Sect.  37  revised,  1937,  99. 

Sect.  52  amended.  1934,  270  §  3. 

Sect.  54.     See  1933  59  §  3. 

Sect!  70  amended,  1933,  245  §  4;  1939,  144  §  2;   1941,  217  §  3. 

Sects.  75A  and  75B  added,  1932,  11  (penalizing  the  fraudulent  opera- 
tion of  slot  machines,  coin-box  telephones  and  other  coin  receptacles, 
and  the  manufacture  and  sale  of  devices  intended  to  be  used  in  such 
operation). 

Sect.  89  revised,  1943,  549  §  7. 

Sect.  94  amended,  1939,  451  §  65. 

Sect.  116A  added,  1935,  116  (providing  for  the  protection  of  wild 
azaleas,  wild  orchids  and  cardinal  flowers). 

Sect.  123  revised,  1941,  344  §  27. 


Chapter  268.  —  Crimes  against  Public  Justice. 

Sect.  14A  added,  1936,  168  (imposing  a  penalty  for  depriving  em- 
ployees of  their  employment  because  of  jury  service). 

Sect.  16  revised,  1934,  344;  last  sentence  stricken  out,  1941,  344  §  28; 
section  amended,  1943,  19  §  1. 

Sect.  16A  added,  1943,  19  §  2  (relative  to  the  penalty  for  escapes  or 
attempted  escapes  from  the  reformatorv  for  women). 

Sect.  26  amended,  1934,  328  §  24. 

Sect.  27  amended,  1934,  328  §  25. 

Sect.  29  amended,  1934,  328  §  26. 

Sect.  33  amended,  1935,  440  §  44;  1941,  71. 


Chapter  269.  —  Crimes  against  Public  Peace. 

Sect.  10  amended,  1935,  290;  1936,  227  §  1;  1937,  250  §  1.  (See 
1936,  227  §  2;  1937,  250  §  2.) 

Sect.  lOB  added,  1934,  359  §  2  (further  regulating  the  sale,  rental 
and  leasing  of  rifles  and  shotguns). 

Sects.  IIA-IID  added,  under  caption  "tampering  with  identify- 
ing NUMBERS  OF  CERTAIN  FIREARMS ",  1937,  199  (relative  to  certain 
firearms,  the  serial  or  identification  numbers  of  which  have  been  re- 
moved, defaced,  altered,  obliterated  or  mutilated). 


990  Changes  in  the  [Chaps.  270-273. 


Chapter  270.  —  Crimes  against  Public  Health. 

Sect.  5  amended,  1934,  328  §  27. 

Chapter  271.  —  Crimes  against  Public  Policy. 

Sect.  6A  added,  1938,  144  (making  certain  endless  chain  transactions 
subject  to  the  laws  relative  to  lotteries). 

Sect.  22A  revised,  1934,  371;  paragraphs  added  at  end,  1936,  222, 
283;  section  revised,  1943,  267. 

Sect.  23  amended,  1934,  235  §  3,  303  §  1. 

Sects.  31,  33,  34  affected  by  1935,  454  §  8,  471  §  2. 

Sect.  43  added,  1941,  630  §  4  (imposing  a  penalty  for  the  misuse  of 
information  relative  to  recipients  of  general  public  assistance,  old  age 
assistance,  aid  to  dependent  children  and  aid  to  the  blind). 

Chapter  272.  —  Crimes  against  Chastity,  Morality,  Decency  and  Good  Order. 

Sect.  25  revised,  1933.  376  §  4. 

Sect.  26  amended,  1939,  451  §  66. 

Sect.  28  amended,  1934,  231;   1943,  239. 

Sect.  53  revised,  1943,  377. 

Sect.  66  amended,  1939,  451  §  67. 

Sects.  79A  and  79B  added,  1934,  234  §  1  (relative  to  the  cutting  of 
the  muscles  or  tendons  of  horses'  tails  and  to  the  showing  or  exhibiting 
of  horses  whose  tails  have  been  so  cut  or  have  been  docked).  (See  1934, 
234  5  2.) 

Sect!  80  repealed,  1934,  234  §  1.     (See  1934,  234  §  2.) 

Sect.  92A  added,  1933,  117  (preventing  advertisements  tending  to 
discriminate  against  persons  of  any  religious  sect,  creed,  class,  denomi- 
nation or  nationality  by  places  of  public  accommodation,  resort  or 
amusement) . 

'  Sect.  97A  added,  1934,  164  (prohibiting  the  use  of  documents  drawn 
to  imitate  judicial  process). 

Sect.  98  amended,  1934,  138. 

Sect.  98A  added,  1938,  155  §  1  (entitling  blind  persons  accompanied 
by  "seeing  eye"  dogs,  so  called,  to  certain  accommodations,  advantages, 
etc.). 

Sect.  98B  added,  1941,  170  (to  prevent  discrimination  in  employment 
on  public  works  and  projects  and  in  the  dispensing  of  public  welfare 
because  of  race,  color,  religion  or  nationality). 

Sect.  98C  added,  1943,  223  (penalizing  the  libel  of  groups  of  persons 
because  of  race,  color  or  religion). 

Sect.  103  added,  1936,  417  (prohibiting  marathon  dances,  other 
marathons  or  walkathons,  so  called). 

Chapter  273.  —  Desertion,   Non-support  and   Illegitimacy. 

Sect.  1  amended,  1939,  177  §  1.     (See  1939,  177  §  2.) 

Sect.  2  amended,  1933,  224;  revised,  1943,  87  §  1.     (See  1943,  87  §  2.) 

Sect.  9  repealed,  1938,  219  §  1. 

Sect.  10  revised,  1938,  219  §  2. 

Sect.  14,  sentence  added  at  end,  1943,  13. 

Sects.  20-22.     See  1937,  440  §  2;  1941,  597  §  1, 729  §  2;  1943, 489  §  2. 


Chaps.  274-276.]  GENERAL   LaWS.  991 


Chapter    274.  —  Felonies,   Accessories    and   Attempts    to    Commit    Crimes. 

Sect.  4  revised,  1943,  488  §  1.    (See  1943,  488  §§  2,  3.) 

Chapter  275.  —  Proceedings  to  prevent  Crimes. 

Sect.  15  repealed,  1932,  180  §  42. 

Chapter  276.  —  Search  Warrants,  Rewards,  Fugitives  from  Justice,  Arrest, 
Examination,  Commitment  and  Bail.  Probation  Officers  and  Board 
of  Probation. 

Sect.  1,  first  paragraph  amended,  1934,  303  §  2;  clause  Sixth 
amended,  1943,  508  §  5;  clause  Eleventh  amended,  1934,  235  §  1. 

Sect.  3  amended,  1934,  340  §  15.     (See  1934,  340  §  18.) 

Sect.  3A  added,  1934,  247  (concerning  the  service  of  search  war- 
rants). 

Sect.  7  amended,  1934,  235  §  2. 

Sects.  lOA-lOD  added,  under  caption  "extra-territorial  arrest 
ON  FRESH  pursuit",  1937,  208  §  1  (making  uniform  the  law  as  to 
extra-territorial  arrest  on  fresh  pursuit  and  authorizing  this  common- 
wealth to  co-operate  with  other  states  in  connection  therewith).  (See 
1937,  208  §  2.) 

Sects.  11-20  and  caption  "fugitives  from  justice"  stricken  out 
and  new  sections  11-20R  inserted,  under  caption  "procedure  on 
interstate  rendition",  1937,  304  §  1.     (See  1937,  304  §§  2,  3.) 

Sect.  37A  added,  1932,  180  §  43  (relative  to  the  assignment  of 
counsel  to  appear,  on  behalf  of  a  person  accused  of  a  capital  crime,  at 
his  preliminary  examination).  [For  prior  legislation,  see  G.  L.  chapter 
277  §§  48,  49,  repealed  by  1932,  180  §  44.] 

Sect.  52A  added,  1943,  131  (providing  that  persons  held  in  jail  for 
trial  may  be  removed  in  certain  cases  to  a  jail  in  another  county). 

Sect.  57,  sentence  added  at  end  of  second  paragraph,  1943,  330; 
paragraph  added  at  end,  1939,  299  §  4. 

Sect.  83  revised,  1936,  360;  amended,  1937,  186. 

Sect.  83 A  added,  1941,  677  §  1  (providing  that  certain  district  courts 
may  join  in  the  appointment  of  probation  officers  to  act  exclusively 
in  juvenile  cases  therein). 

Sect.  84  revised,  1937,  219  §  5;   1939,  214  §  7. 

Sect.  87  amended,  1941,  264  §  2. 

Sect.  89,  sentence  added  at  end,  1934,  217  §  2;  paragraph  added  at 
end,  1941,  477  §  1. 

Sect.  90  amended,  1938,  174  §  3. 

Sect.  94  amended,  1939,  155;  revised,  1939,  296  §  2.  (See  1939, 
296  §  3.) 

Sect.  97  revised,  1941,  677  §  2. 

Sect.  98  amended,  1932,  145. 

Sect.  100  amended,  1943,  64. 

Sect.  101  amended,  1936,  30  §  1.     (See  1936,  30  §  2.) 


992  Changes  in  the  General  Laws.    [Chaps.  277-280. 


Chapter  277.  —  Indictments  and  Proceedings  before  Trial. 

Sect.  2  amended,  1932,  144  §  6. 

Sects.  48  and  49  repealed,  1932,  180  §  44.     (See  G.  L.  chapter  276 
§  37A,  inserted  by  1932,  180  §  43.) 
.     Sect.  50  repealed,  1936,  161  §  1.     (See  1936,  161  §  3.) 

Sect.  58A  added,  1943,  311  §  1  (relative  to  the  venue  of  the  crime  of 
buying,  receiving  or  aiding  in  the  concealment  of  stolen  or  embezzled 
property).     (See  1943,  311  §  2.) 

Sect.  65  amended,  1936,  161  §  2.     (See  1936,  161  §  3.) 

Schedule  of  forms  of  pleadings  at  end  of  chapter  amended, 
1934,  328  §  29. 

Paragraph  entitled  "Accessory  after  the  fact"  amended  by  striking 
out  all  after  word  "punishment"  in  line  5,  1943,  488  §  2.  (See  1943, 
488  §  3.) 

Chapter  278.  —  Trials  and  Proceedings  before  Judgment. 

Sect.  25  amended,  1937,  311. 

Sects.  28A-28D  added,  1943,  558  §  1  (establishing  in  the  superior 
court  an  appellate  di\'ision  for  the  review  of  certain  sentences  in  crimi- 
nal cases).     (See  1943,  558  §  2.) 

Sect.  29  revised,  1939,  271  §  1.     (See  1939,  271  §  2.) 

Sect.  33  amended,  1933,  265. 

Sect.  33E  amended,  1939,  341. 

Chapter  279.  —  Judgment  and  Execution. 

Sect.  1  amended,  1934,  205  §  1;  1935,  358  §  1;  first  paragraph 
amended,  1938,  354;  second  paragraph  amended,  1936,  434  §  2;  1939, 
299  §  5.  (See  1934,  205  §  3;  1935,  358  §  2.) 

Sect.  1A  amended,  1934,  205  §  2.  (See  1934,  205  §  3.) 
Sect.  3A  amended,  1935,  50  §  2,  437  §  2.  (See  1935,  50  §  6,  437 
§8.) 
Sect.  4  revised,  1935,  50  §  3,  437  §  3.  (See  1935,  50  §  6,  437  §  8.) 
Sect.  9  amended,  1932,  221  §  2. 
Sect.  11  amended,  1934,  328  §  28. 

Sect.  43  revised,  1935,  50  §  4,  437  §  4.  (See  1935,  50  §  6,  437  §  8.) 
Sect.  44  revised,  1935,  50  §  5,  437  §  5.  (See  1935,  50  §  6,  437  §  8.) 
Sect.  45  revised,  1935,  437  §  6.  (See  1935,  437  §  8.) 

Chapter  280,  —  Fines  and  Forfeitures. 

Sect.  2,  last  sentence  stricken  out,  1934,  364  §  2;   sentence  added 
at  end,  1935,  303  §  1.     (See  1934,  364  §  3;   1935,  303  §  2.) 
Sect.  6  revised,  1937,  251  §  1.     (See  1937,  251  §  2.) 


JSlfB  (EnrnmoiuuFaltli  of  iiaBHarljuB^ttfl 


Office  of  the  Secretary,  Boston,  November  30,  1943. 

I  certify  that  the  acts  and  resolves  contained  in  this  volume  are  true 
copies  of  the  originals  on  file  in  this  department. 

I  further  certify  that  the  table  of  changes  in  general  laws  has  been 
prepared,  and  is  printed  as  an  appendix  to  this  edition  of  the  laws,  by 
direction  of  the  Joint  Committee  on  Rules  of  the  General  Court,  in 
accordance  with  the  provisions  of  General  Laws,  Tercentenary  Edi- 
tion, chapter  3,  section  51,  as  amended  by  Acts  of  1939,  chapter  508, 
section  7. 

FREDERIC  W.  COOK, 

Secretary  of  the  Commonwealth. 


INDEX. 


A. 

Abatement  of  taxes  (see  Taxation). 

Abortion  disease,  Bang's  (see  Bang's  abortion  disease). 

Absentees,  school,  committed  to  county  training  schools,  support 

of,  reimbursement  of  counties  for,  by  towns 
Absent  voting,  fraternal  benefit  societies,  certain  members  of,  by, 
authorized  ........ 

residents  of  commonwealth  in  armed  forces,  by,  etc.,  relative  to  . 

voters,  by,  who  by  reason  of  physical  disability  are  unable  to  vote 

in  person,  proposed  amendment  to  constitution  providing 

for     .......... 

Acceptance,  statutes,  of  (see  Statutes). 

Accessory  after  the  fact,  defense  of  relationship  in  prosecutions 

for  being,  relative  to    . 
.  Accident  insurance  (see  Insurance,  classes  of  insurance). 
Accidents,  defects  in  ways  and  premises,  caused  by,  giving  of  notice 
of,  investigation  relative  to  .  .  .        Resolve 

industrial,  department  of  (see  Industrial  accidents,  department 

of), 
workmen,  to,  compensation  for  (see  Workmen's  compensation). 
Accommodation,  fraudulent  procuring  of,  from  hotels,  inns,  etc., 
ofTense  of,  relative  to   . 

Accountants,  public,  registration  of,  appropriations 

Accounts,  cities  and  towns,  of  (see  Municipal  finance). 


claims,  and,  unclassified,  appropriations 


counties,  of  (see  County  finance). 

director  and  division  of  (see  Corporations  and  taxation,  depart- 
ment of). 

public  (see  County  finance;    Municipal  finance;   State  finance). 
Acknowledgments,  written  instruments,  of,  investigation  relative 
to       .  .  .  .  _.  .  ._         .        Resolve 

persons  in  military  or  naval  service,  by,  relative  to 
ACTIONS,   CIVIL: 

certiorari  and  mandamus,  petitions  for,  practice  in  respect  to, 
amended     ......... 

cross,  etc.,  pending  in  different  courts,  trial  and  disposition  of, 
relative  to  ........ 

death,  for,  proceeds  of  recovery  in  certain,  disposition  of, 
altered        ......... 

different  courts,  pending  in,  trial  and  disposition  of,  relative  to   . 

joinder  of  parties  in,  in  certain  cases,  providing  for    . 

tort  actions  arising  out  of  operation  of  motor  vehicles,  jurisdic-  "I 
tion  and  venue  of,  relative  to         .  .  .  .  .  / 

liability  in,  of  persons  participating  in  car  or  ride  sharing  plans, 

so  called,  relative  to     .  .  .  .  •    ,      ■ 

practice  of,  by  justices  of  district  courts,  authority  to  pro- 
hibit, granted  to  administrative  committee  of  district 
courts,  other  than  municipal  court  of  city  of  Boston 

trustee  process,  commenced  by,  cities  and  towns  exempted  from 
requirement  of  filing  bond  in  .....  . 

See  also  Appeals;  Attachment;  Equity;  Evidence;  Libel; 
Limitation  of  actions;  Practice  in  civil  actions;  Slander; 
Trustee  process. 

Acts  and  resolves,  blue  book  edition  of,  appropriations  .  i 

number  passed  by  general  courts     ...... 

pamphlet  edition  of,  appropriations  .  .  .  .  .  | 

vetoed  by  governor        ........ 

See  also  Laws;  Statutes. 


Chap. 


82 


Item  or 
Section. 


309 
390 

2 
1-15 

Page  846 

488 

1-3 

31 

31 
68 

370 


68 
370 

513 
572 


160 


485 

101 
17 


370 


1414-01, 
1414-02 

1414-01, 
1414-02 

2805-01  to 

2820-04, 

2970-07 

2805-01  to 

2820-06 

2805-02  to 

2820-06; 

Page  666 

2805-01 


1,2 


374 

1-4 

369 

1,2 

444 
369 
350 
296 

1,2 
1.2 
1-4 
1-6 

1,  2 


1.  2 


0503-01 

0503-01 

Page  849 

68     0503-01 

370     0503-01 

Pages  849,  850 


996 


Index. 


AdamB,  Robert  J.,  given  preference  for  re-emplojonent  in  labor 
service  of  city  of  Cambridge  ..... 

Adjutant  general  (see  Militia). 

Administration,  estates  of  deceased  persons,  of  (see  Estates  of 
deceased  persons). 

ADMINISTRATION   AND   FINANCE,    COMMISSION   ON: 
in  general,  allotment  by  governor  upon  recommendation  of, 
of  certain  funds  available  for  expenditure  by  state  agen- 
cies   .  .  •    .      •     .     :  •       .  •  .       ■ 
annual  reports  of  state  agencies,  printing  and  distribution  of, 
approval  by         .......  . 


appropriations 


Highway  Fund,  from,  authorized      ..... 

highways,  additional,  liabilities  incurred  in  connection  with 
construction  of,  payment  of,  from  Highway  Fund,  powers 
as  to  ......... 

metropolitan  district  commission,  fiscal  year  of,  changing  of, 
to  conform  with  that  of  commonwealth,  investigation 
relative  to,  by     .  .  .  .  .  .       Resolve 

labor  service  of,  classification  of  positions  in,  survey  rela- 
tive to,  report  to  .....        Resolve 

personal  property,  certain,  owned  by  commonwealth,  sale, 
exchange  or  loan  of,  to  United  States  during  existing 
emergency,  approval  by        .  . 

program  of  increased  food  production  at  various  state  institu- 
tions, transfer  of  certain  appropriation  items  in  connec- 
tion therewith,  approval  by,  etc.   ..... 

purchases  of  supplies  by  state  agencies,  applications  for,  re- 
fusal of  state  purchasing  agent  to  approve,  appeals  from, 
to 

quarters  within  and  without  state  house  for  use  of  state  agen- 
cies, furnishing  of,  authority  relative  to,  defined 

self-insurance  under  workmen's  compensation  law,  expenses 
of  administration  of,. assessment  of,  by  . 

social  workers,  classification  of,  survey  relative  to,  report 
to       .......  .        Resolve 

state  institutions,  certain,  patients  or  inmates  of,  transfer  to 
and  from  municipal  and  county  institutions  and  mainte- 
nance therein,  expense  of,  determination  by,  when,  etc.    . 

supreme  judicial  court,  decisions,  etc.,  of,  publication  and  sale 
of  reprints  of  volumes  of,  duties  as  to    . 
budget  commissioner,  allotment  by  governor  of  certain  sums 
available  for  expenditure  by  state  agencies,  powers  and 
duties  as  to  .  .  .  . 

transfer  of  funds  on  books  of  certain  state  ofiicers  or  boards, 
approval  by         .  .  .  .  .  .  . 

chairman,  taxes  on  publicly  held  property,  loss  of,  reimburse- 
ment of  municipalities  for,  etc.,  special  commission  to 
continue  investigation  as  to,  to  be  member  of  .        Resolve 

comptroller,  appropriations 

associations  of  public  employees,  treasurers  of,  filing  of  bond 
by,  in  connection  with  pay-roll  deductions  for  group  life 
and  accident  insurance,  powers  as  to    _._ 

Highway  Fund,  payment  of  portion  of,  to  cities  and  towns  for 
expenditure  by  them  for  local  highway  purposes,  powers 
and  duties  as  to  .  .  . 

highways,  additional,  liabilities  incurred  by  department  of 
public  works  in  connection  with  construction  of,  payment 
of,  upon  certification  of         .....  . 

payments,  certain,  by  commonwealth,  agreements  as  to 
fees  for  legal  services  in  connection  with,  filing  of, 
with  .......      Resolves 

salaries  of  state  officers  and  employees,  temporary  increase  of, 
duties  as  to  .......         . 


Chap. 


Item  or 
Section. 


264 


541 

344 
68 

370 

513 

427 

672 

47 
53 

214 

171 


0415-01  to 
0415-25 

0415-01  to 
0415-12 

0415-02  to 

0415-12 

2 


1.  2 


344 

2 

440 

1.  2 

529 

7,  Subs.  25A 

41 

422 
426 

1.  2 

541 

345 

64 

68 

370 

513 

0416-02 
0416-02 
0416-02 

424 


669 

3 

672 

3 

18,  21, 

24.  32, 

34,  48, 

51,  52, 

61,63 

170 

5 

562 

Index. 


997 


ADMINISTRATION    AND    FINANCE,    COMMISSION    ON — 

Concluded. 
comptroller  —  Concluded. 

state  tax,  apportionment  and  assessment  of,  duties  as  to 

tax  titles,  loans  to  cities  and  towns  on  account  of,  notes  to  be 
issued  by  commonwealth  to  provide  funds  for,  counter- 
signing by  ........ 

personnel  and  standardization,  division  of,  employees  of 
commonwealth  required  to  work  on  holidays,  certain,  rules 
and    regulations    applicable    to,    survey   of,   by     Resolve 

metropolitan  district  commission,  labor  service  of,  classifica- 
tion of  positions  in,  survey  relative  to,  by        .        Resolve 

salaries  of  state  officers  and  employees,  temporary  increase  of, 
duties  as  to 

social  workers,  classification  of,  survey  relative  to,  by  Resolve 

state  purchasing  agent,  appropriations         .... 

personal  property,  certain,  owned  by  commonwealth,  sale,  ex- 
change or  loan  to  United  States  during  existing  emer- 
gency by,  authorized    ....... 

purchases  and  transfers  of  supplies  of  state  agencies,  powers 
and  duties  as  to 

Administrative  committee,  district  courts,  of,  other  than  munici- 
pal court  of  city  of  Boston,  appropriations 

motor  vehicle  tort  cases,  so  called,  practice  of,  by  justices 
of  district  courts,  authority  to  prohibit,  granted  to   . 

probate  courts,  of,  appropriations   ...... 

Administrators  (see  Executors  and  administrators). 

Adoption  of  children,  birth  records  and  previous  decrees  of  adop- 
tion, filing  of,  in  proceedings  for  ..... 
records  of,  relating  to  soldiers,  sailors  and  marines,  furnishing 
without  charge  in  certain  cases  of  copies  of     . 

Adult  education,  English  speaking  classes,  appropriations 

Adult  hygiene,  division  of  (see  Public  health,  department  of). 
Advisory  board  of  education  (see  Education,  department  of). 

Aeronautics  commission,  Massachusetts,  appropriations  . 

Aged  persons,  adequate  assistance  to  (see  Old  age  assistance,  so 
called). 

Agents,  insurance  (see  Insurance,  agents). 

Agricultural  and  dairy  industry,  regulation  and  control  of,  inves- 
tigation relative  to        ....  .         Resolve 

appropriation    ...... 

Agricultural  resources,  commonwealth,  of,  survey  and  study  of,  in 
connection  with  post-war  rehabilitation,  etc.  .        Resolve 

appropriation     .  .  .  .  . 

AGRICULTURE,    DEPARTMENT   OF: 

in  general,  advisory  board,  appropriations 


Chap. 


568 


413 


27 

53 

170 

41 

/    68 

\370 


214 

344 

68 
370 

513 

101 

68 

370 

513 


155 

484 
68 

370 
513 


68 
370 


appropriations  . 


commissioner,  powers  and  duties  of,  in  respect  to  destruction 
of  rodents,  regulated    ....... 


69 
572 

71 
572 

68 
370 

68 
370 

513 

572 

495 


Item  or 
Section 


1,  5,  9 
2 

1,4,  5 

0415-03 
0415-03 


2 
0304-01 
0304-01 

0304-01; 

Page  665 


0307-01 

0307-01 

Page  665 


1,  2 


1301-64, 
1301-65 

1301-64, 
1301-65 
1301-64 


0442-01. 

0442-02 
0442-01, 

0442-02 


0247. 
Page  800 


0246. 
Page  801 

0901-11 

0901-11 

0901-01  to 

0910-01 

0901-01  to 

0910-01 

0901-01  to 

0910-01; 

Page  666 

0901-04. 

Page  795 


998 


Index. 


AGRICULTURE,  DEPARTMENT   OF  —  Concluded. 
divisions,  etc.,  of: 


dairying  and  animal  husbandry,  appropriations 


livestock  disease  control,  appropriations 


director,  assistant,  appointment  of    .  .  . 

Bang's  abortion  disease,  so  called,  vaccination  of  certain 
cattle  for  prevention  of,  rules  and  regulations  as  to, 
making  by        .......  . 

markets,  appropriations      ....... 


milk  control,  appropriations 


director,  milk  control  law,  further    provisions    for    enforce- 
ment of,  by  .......  . 

plant  pest  control  and  fairs,  appropriations  .... 

director,  European  corn-borer,  suppression  of,  further  regu- 
lated, powers  and  duties  as  to        . 
Aid,  state  and  military  (see  State  aid,  military  aid  and  soldiers'  re- 
lief), 
state,  and  pensions,  commissioner  of  (see  State  aid  and  pensions, 

commissioner  of). 
See  also  Mothers  with  dependent  children,  aid  to;    Old  age  as- 
sistance, so  called;    Poor  and  indigent  persons;    Public 
welfare,  etc. 
Aid  and  relief,  division  of  (see  Public  welfare,  department  of). 
Airport,  Commonwealth  Airport-Boston,  so  called,  cost  of  operating, 
appropriations     ........ 

improvement,  development,  etc.,  of,  and  providing  approaches 
and  means  of  access  in  connection  therewith   . 
municipally-owned  in  town  of  Orange,  development  and  utiliza- 
tion of,  investigation  relative  to    .  .  .       Resolve 
Air  raid  wardens,  borrowing  of  money  for  equipment,  etc.,  for,  by 
cities,  towns  and  districts      ...... 

Air  rifles  or  BB  guns,  wounds  caused  by,  reporting  of 
Alcohol,  temporary  additional  excise  upon  sale  of  certain,  time  dur- 
ing which  to  be  imposed,  extension  of    . 
ALCOHOLIC   BEVERAGES: 

manufacture,  transportation,  storage,  sale,  importation 
and  exportation  of : 
appeals  to  commission  (see  Alcoholic  beverages  control  com- 
mission) . 
bankruptcy,  trustees  in,  conducting  by,  of  business  of  licensees, 
regulated    ......... 

bars,  women  seated  at,  may  be  served  to,  on  secular  days 
cancellation   of   certain   licenses   and   certificates    in    certain 
cases  .  .  .  .  .  .  .  . 

certificates  of  compliance,  issuance  to  wholesalers  and  import- 
ers    .  .  .  .  .  . 

club  licenses,  surrender  and  reservation  of,  in  the  case  of  hold- 
ers thereof  ceasing  to  exercise  same  by  reason  of  use  of 
club  covered  thereby  by  military  or  naval  authorities  of 
the  United  States  ....... 

common  victuallers  holding  licenses  to  sell,    on  Lord's  day, 
supplying  of  food  by,  required        .  .  .  .  . 


Chap. 

68 
370 
513 

68 
370 

513 

447 

56 
68 

370 

68 

370 
513 

164 
68 

370 
144 


423 


Item  or 
Section. 


0905-01  to 
0905-03 

0905-01  to 
0905-03 
0905-01, 
0905-03 

0907-01  to 
0907-07 

0907-01  to 
0907-07 
0907-02, 
0907-03 


0908-01  to 
0908-03 

0908-01  to 
0908-03 

0906-01  to 
0906-03 

0906-01  to 
0906-03 
0906-03 


0909-01  to 
0909-21 

0909-01  to 
0909-21 


370 
513 

628 
567 

3132-14 

3132-14 

1-8 

1 

22 

75 
41 

1-5 

542 
542 

1,  12 
4 

542 

5,  9,  17,  19 

542 

7,9 

542 

20 

328 

Index.  999 


Item  or 
Chap.  Section. 

ALCOHOLIC    BEVERAGES  —  Continued. 

manufacture,  transportation,  storage,  sale,  importation 
and  exportation  of  —  Continued. 
corporations,  transfers  of  licenses  or  pprmits  to  or  from,  etc.       .     542  12 

excise  payable  to  commonwealth,  relative  to  ...       36 

temporary  additional,  time  during  which  to  be    imposed, 
extension  of  .......  .     423 

hotel  licenses,  renewals  of  innholders'  licenses  in  connection 

with,  appeal  to  commission  in  certain  cases  of  rejection    .     542  3 

surrender  and  reservation  of,  in  the  case  of  holders  thereof 
ceasing  to  exercise  same  by  reason  of  use  of  hotel  covered 
thereby  by  military  or  naval  authorities  of  the  United 
States  .........     542  20 

importations  of  malt  beverages  into  commonwealth,  levying 

of  excise  upon,  relative  to     .  .  .  .  .  .36 

importers  (see,  infra,  wholesalers  and  importers), 
labelling  of  packages,  regulations  governing,  consistency  of, 
with  federal  laws  and  regulations,  provisions  requiring, 
repealed      ......... 

laws  relating  to,  sundry  changes  in       ....  . 

licenses  and  permits: 

in  general,  cessation  of  business  by  licensees,  cancellation 
upon       ......... 

modification  of,  appeal  in  cases  of  .... 

receivers  and  trustees  in  bankruptcy  of  licensees,  con- 
ducting of  business  by,  regulated         .... 

reports  as  to,  filing  with  commission  by  local  licensing 
authorities        ........ 

rights  of  holders  of,   certain  provisions  relative  to,  re- 
pealed    ......... 

surrender  and  reservation  of,  in  the  case  of  holders  thereof 
prevented  from  exercising  same  by  reason  of  military 
or  naval  service         ....... 

transfers  of,  relative  to  .....  . 

sales,  retail,  in  general,  cancellation  of,  in  certain  cases 

issuance  of,  time  of,  after  approval  by  commission 
transfers  of,   applications  for,   action  upon,   within 

prescribed  period        ......     542  6 

not  to  be  drunk  on  premises,  pharmacists,  by,  revoca- 
tion or  suspension  of  .....     542  14 

to  be  drunk  on  premises,  hotels  and  clubs,  for,  surrender 
and  reservation  of,  in  the  case  of  holders  thereof 
ceasing  to  exercise  same  by  reason  of  use  of  hotel  or 
club  covered  thereby  by  military  or  naval  authori- 
ties of  United  States  .....     542  20 

hotels,  renewals  of  innholders'  licenses  in  connection 
with,  appeal  to  commission  in  certain  cases  of  re- 
jection     ........ 

wholesalers  and  importers,   certificates  of  compliance  re- 
quired in  connection  with  ..... 

vote  on  liquor  questions  in  cities  and  towns  not  to  affect 
granting  and  renewal  therein  of  .... 

licensing  authorities,  local,  appeals  from,  to  commission 
caricellation  of  licenses  by,  upon  cessation  of  business  by 
licensees      ......... 

certificates  of  fitness  of  pharmacists  to  sell  alcoholic  bever- 
ages, revocation  or  suspension  by  .... 

investigators,  inspectors,  etc.,  of,  interference  with,  penalty 

malt  beverages,  importations  into  commonwealth  of,  levying 

of  certain  excise  upon,  relative  to  .... 

manufacturers,  transportation  of  alcoholic  beverages  by,  with- 
out transportation  permit,  prohibited     .... 

minora,  delivery,  etc.,  to  or  for  use  of,  by  patrons  of  establish- 
ments where  sold,  prohibited  ..... 

packages  of,  labelling  of,  regulations  governing,  consistency  of, 
with  federal  laws  and  regulations,  provisions  requiring, 
repealed      .........     542  13 

package  stores,  delivery,  etc.,  of  alcoholic  beverages  to  or  for 

use  of  minors  by  patrons  of,  prohibited  .  .     642  16 

partnerships,  transfers  of  licenses  or  permits  to  or  from,  etc.  .     642  12 

pharmacists,  sales  by,  certificates  of  fitness  for,  revocation  or 

suspension  of  .  .  ,  ,  .  .  .  .     542  14 


542 
542 

13 

1-21 

542 
542 

19 
18 

542 

1,  12 

542 

2 

542 

12 

542 
542 
542 
542 

21 

12 

5,  17 

6 

542 

7,9 

542 
542 

8 
3,18 

542 

19 

542 
542 

14 
16 

36 

542 

10 

542 

16 

1000 


Index. 


Chap. 


Item  or 
Section. 


ALCOHOLIC    BEVERAGES  —  Concluded. 

manufacture,  transportation,  storage,  sale,  importation 
and  exportation  of  —  Concluded. 
pharmacists,  sales  by  —  Concluded. 

further  regulated  ....... 

receivers  of  licensees,  conducting  of  business  by,  regulated 
regulations  of  commission,  labelling  of  packages,  governing, 
consistency  of,  with  federal  laws  and  regulations,  provi- 
sions requiring,  repealed        .  .  .  .  . 

pamphlet  copies  of,  furnishing  to  licensees  upon  their  request 

reports  of  local  licensing  authorities,  filing  with  commission    . 

sales,  retail,  not  to  be  drunk  on  premises,  minors,  delivery,  etc., 

'  to  or  for  use  of  minors  by  patrons  of  establishments 

where  sold,  prohibited   ...... 

pharmacists,  by,  relative  to        ....  . 

to  be  drunk  on  premises,  bars,  women  seated  at,  may  be 
served  to,  on  secular  days       .  . 

places  for,  inclusion  of  certain,  within  meaning  of  term 
"place  of  assembly"  under  certain  building  laws 
See  also,  supra,  licenses  and  permits,  sales, 
storage,  holders  of  permits  for,  prohibited  from  transporting 

alcoholic  beverages  without  transportation  permit  . 
taxation  of  (see,  supra,  excise  payable  to  commonwealth), 
transfers  of  licenses,   action  upon,   applications  for  certain, 
within  prescribed  period        .  .  . 

individuals,  partnerships  and  corporations  from,  to  other 
individuals,  partnerships  or  corporations 
transportation  of  alcoholic  beverages  by   manufacturers   or 
wholesalers  and  importers  without  transportation  permit, 
prohibited  .  .  .  .  ... 

trustees  in  bankruptcy,  conducting  by,  of  business  of  licensees, 
regulated    .  .  .  .  .  .  . 

warehouse  permits,  transportation  of  alcoholic  beverages  by 

holders  of,  without  transportation  permit,  prohibited 
wholesalers  and  importers,  certificates  of  compliance,  issuance 
to,  etc.        ......... 

licenses  of,  granting  or  renewal  of,  not  affected  by  vote  on 
liquor  questions  in  cities  and  towns        .... 

transportation  of  alcoholic  beverages  by,  without  transpor- 
tation permit,  prohibited       ...... 

women,  seated  at  bars  equipped  with  stools,  may  be  served  to, 
on  secular  davs    ........ 

ALCOHOLIC   BEVERAGES    CONTROL    COMMISSION: 

appeals  to,  from  action  of  local  licensing  authorities  in  cancelling 
licenses  upon  cessation  of  business  by  licensees 
from  action  of  local  licensing  authorities  in  modifying  licenses 
or  permits  .  .  .  .  .  .  .     _     • 

from  action  of  local  licensing  authorities  in  rejecting  applica- 
tions for  renewal  of  innholders'  licenses  in  certain  cases 


appropriations 


laws  relating  to  alcoholic  beverages,  act  making  sundry  changes 
in,  as  affecting     .  .  .  .  .  .  . 

regulations  of,  governing  labelling  packages  of  alcoholic  bever- 
ages, consistency  of,  with  federal  laws  and  regulations 
provisions  requiring,  repealed         .... 

pamphlet  copies  of,  furnishing  to  licensees  upon  their  request 
reports  of  local  licensing  authorities,  filing  with 
See  also  Alcoholic  beverages. 
ALDERMEN: 

horses  and  mules,  slaughtering  of,  licensing  of,  by     .  . 

voting  precincts  and  polling  places,  new,  maps  or  descriptions  of 

posting  or  mailing  by  . 
See  also  City  councils. 
Allotment,  sums,  certain,  available  for  expenditure  by  state  agencies 
of,  by  governor   .  .  .  .  .  .  • 

Ambulance  services,  inclusion  in  certain  liability  insurance  policies 

of  coverage  in  respect  to        .  .  _        . 

Amendments,  constitutional  (see  Constitution  of  commonwealth). 
Americanization,  immigration  and,  division  of  (see  Education, 
department  of). 


642 
542 

12 
1.12 

542 
542 
542 

13 
13 

2 

642 
642 

16 
12 

542 

4 

646 

1 

542 


10 


542 

6 

642 

12 

542 

10 

542 

1.12 

542 

10 

542 

7,9 

542 

8 

542 

10 

542 

4 

542 

19 

542 

18 

542 

68  1 

370.' 
672 

3 
0417-01. 
0417-02 
0417-01. 
0417-02 
0417-01 

642 


542 
542 
542 


332 

209 

541 
376 


1-21 


13 

13 

2 


1.2 
1.2 


1.2 


Index. 


1001 


American  Telephone  and  Telegraph  Company,  lines,  poles,  etc., 
of,  Brockton,  city  of,  in,  locations,  etc.,  validated 
Fitchburg,  city  of,  in.  locations,  etc.,  validated 
Norwood,  town  of,  in,  locations,  etc.,  validated 
Peabody,  city  of,  in,  locations,  etc.,  validated 
Taunton,  city  of,  in,  locations,  etc.,  validated 
Animal  husbandry,  dairying  and,  division  of  (see  Agriculture, 

department  of). 
Animals,    certain,   slaughtered   outside   commonwealth,  inspection 
and  stamping  or  branding  of,  further  regulated 
inspectors   of,  reimbursement  of   certain  towns  for,  appropria- 
tions ......... 

See  also  Calves;    Doga;    Game  and  inland  fisheries;    Horses; 
Mules;    and  under  specific  titles  of  animals. 
Annual  reports,  state  agencies,  of,  printing  and  distribution  of, 
relative  to  .  .  .  .  .  .  .     .     . 

Annual  sessions  of  general  court  and  annual  budget,  proposed 
amendment  to  constitution  restoring      .... 

Annuities,  dependents  of  certain  public  employees  killed  or  dying 
from  injuries  received  or  hazards  undergone  in  perform- 
ance of  duty,  granting  to,  relative  to      .  .  . 

soldiers  and  others,  of,  appropriations      ..... 

See  also  Retirement  systems  and  pensions. 
Annuity  contracts  (see  Insurance). 

Apartment  houses  (see  Buildings;  Housing,  state  board  of;  Tene- 
ment houses). 

Apiaries,  inspection  of,  appropriations  ..... 

APPEAL.    BOARDS    OF: 

fire  insurance  rates,  on,  appropriations     ..... 

motor  vehicle  liability  policies  and  bonds,  on,  appropriations 

standards  and  appeals,  board  of,  in  department  of  public  safety, 
established,  powers,  duties,  etc.     .  . 

tax  appeals  (see  Appellate  tax  board). 

See  also  Appeals. 
Appeals,  alcoholic  beverages  control  commission,  to,  from  action  of 
local  licensing  authorities  in  cancelling  licenses  upon  ces- 
sation of  business  by  licensees        ..... 

from  action  of  local  licensing  authorities  in  modifying  licenses 
or  permits  .  .  .  ... 

from  action  of  local  licensing  authorities  in  rejecting  applica- 
tions for  renewal  of  innholders'  licenses  in  certain  cases 

appellate  division  of  superior  court,  to,  for  review  of  certain 
sentences  to  state  prison       ...... 

appellate  tax  board,  to  and  from  (see  Appellate  tax  board). 

district  courts,  to,  employment  security  law,  under   . 

employment  security  law,  under      ...... 

public  safety,  commissioner  of,  to,  in  relation  to  permits  or  li- 
censes for  construction,  alteration,  use,  occupancy,  etc., 
of  places  of  assembly   .  .  .  . 

superior  court,  to,  collegiate  authority,  board  of,  action  of,  from 

criminal  cases,  in,  weekly  return  day  for  entry  of,  providing 

for,  etc.       ......... 

motor  vehicle  tort  cases,  so  called,  of,  relative  to  . 

supreme  judicial  and  superior  courts,  to,  from  decisions  of  board 

of  standards  and  appeals  in  department  of  public  safety   . 

supreme  judicial  court,  to,  employment  security  law,  under 

Appellate  division,  superior  court,  in,  for  review  of  certain  sentences 

to  state  prison,  establishment,  etc.  .... 

APPELLATE   TAX   BOARD: 

appeals,  certain,  to,  as  to  assessed  value  where  it  exceeds  value 
as  recently  determined  by  said  board,  taxation  of  costs  in, 
relative  to  ........ 

appropriations       ......... 


Chap. 

11 

300 
48 

246 
47 


332 
•  68 
370 


344 


366 

68 

370 


68 

370 

[513 

68 
370 

68 
370 

544 


Item  or 
Section. 

1.2 
1,2 
1,2 
1,2 
1.2 


6 

0907-08 
0907-08 


Page  845 


2805-01 
2805-01 


0901-21 
0901-21 
0901-21 

1104-01 

1104-01 
1103-02, 

2970-02 
1103-02, 

2970-02 

1,  2,  7,  8 


542 

19 

542 

18 

642 

3 

558 

1,2 

534 
534 

6 
6 

544 
549 
145 
244 
296 
437 

2 
3 

1,2 
3 

4.6 

544 
534 

2 
6 

558 


430 
68 

370 


1.2 


1204-01, 
1204-02 

1204-01, 
1204-02 


1002 


Index. 


APPELLATE  TAX  BOARD  —  Concluded. 

county  commissioners,  appeals  transferred  from,  to,  entry  fee 

made  same  as  for  appeals  directly  to  said  board 
entry  fee,  minimum,  in  appeals  from  taxes  on  certain  tangible 
personal  property  to         .  .  .    _      .  .  .    _      • 

gasoline,  etc.,  excise  on  sales  of,  commissioner  of  corporations 
and  taxation,  decisions  of,  relating  to,  appeals  from,  to 

Apple  pest  control,  provision  for,  appropriations 

Appointment,  powers  of,  releases  and  disclaimers  of,  authorized, 
and  providing  methods  of  releasing  and  disclaiming  such 
powers        ......... 

Apprentice  training,  division  of,  appropriations 

Appropriations,  cities  and  towns,  by  (see  Municipal  finance). 

counties,  for  maintenance  of  certain,  etc.  .... 


state  departments,  boards,  commissions,  institutions,  etc.,  for 
maintenance  of,  etc.     ....... 


See  also  specific  titles  of  departments,  boards,  commissions, 
institutions;  State  finance. 

Aqueduct  and  water  companies,  initiative  petitions,  affected  by, 
provisions  of  corrupt  practices  law  relative  to  influencing 
vote  on,  by,  amended  ...... 

Arbitration,  conciliation  and,  board  of  (see  Labor  and  indus- 
tries, department  of). 

Architects,  board  of  registration  of,  appropriations 

registration  of  certain  persons  as,  without  written  examination, 
authorized  .  .  .  .  .  .  .  . 

Archives,  Massachusetts,  reproduction  of  manuscript  collection, 
appropriations     .  .  .  .  .  .      _     . 

Armed  forces  of  United  States  (see  Military  or  naval  service  of  the 
United  States). 

Armories,  appropriations    ........ 

superintendent  of,  appropriations    ...... 

See  also  Militia. 
ARMORY   COMMISSION: 

appropriations       ......... 

investigation  by,  relative  to  erection  of  armories  in  cities  and 
towns  .......        Resolve 

relative  to  erection  of  armory  in  Chicopee     .  .        Resolve 

relative  to  erection  of  armory  in  East  Boston         .        Resolve 
relative  to  erection  of  armory  in  Gardner     .  .        Resolve 

See  also  Militia. 
Arms  (see  Guns). 

Army,  navy  and  marine  corps  of  the  United  States  (see  Military 

and  naval  service  of  the  United  States;    Soldiers,  sailors 

and  marines;   Veterans). 

Arsenal,  superintendent  of,  appropriations 

ART   COMMISSION: 


Chap. 


248 

282 

420 

68 

370 

513 


152 
68 

370 

/465 
\627 
'  68 
171 
356 
370 
613 
672 


273 


f    68 
i  370  I 


167 
/  68 
1370 


68 

370  { 

/    68 
\370 

370  / 


68 
68 
68 
58 


appropriations 


Cass,  Colonel  Thomas,  and  officers  and  men  of  Ninth  Regiment 
of  Infantry,  Massachusetts  Volunteers,  etc.,  temporary 
memorials  to,  placing  thereof  in  state  house  by,  author- 
ized  ........       Resolve 

Art,  Massachusetts  school  of  (see  Massachusetts  school  of  art). 


/    68 
1370 

370 

572  I 


Item  or 
Section. 


2 

0908-03 

0908-03 

Page  666 


1605-01, 
1605-02 

1605-01, 
1606-02 

1 
1-4 
1-8 
1.  2 
1,  2 
1-12 
1-4 
1-4 


1,2 


1413-01 
1413-01, 
1413-02 
1413-01 


0502-01 
0502-01 


0406-04 
0406-04, 
0406-05 
0405-02 
0406-02 


0409-01. 
0409-02 


0404-01 
0406-01 

0424-01 
0424-01, 
Page  799 


30 


Index. 


1003 


Ashland,  town  of  (see  Cities  and  towns). 
Assault  and  assault  and  battery,  crimes  of,  penalty  for 
Assembly,  places  of,  certain,  safety  of  persons  in,  and  certain  re- 
lated matters,  investigation  relative  to  .  .        Resolve 

appropriation  ........ 

ingress  to  and  egress  from,  means  of,  further  regulated 

protection  of  life  and  limb  in,  relative  to  .... 

term,  as  used  in  certain  building  laws,  defined 
Assessments,  betterment,  etc.,  time  for  payment  of,  and  continuance 
of  liens  created  in  connection  with  .... 

real  estate,  liens  for,  relative  to       .....  . 

ASSESSORS    OF   TAXES: 

abatements,  applications  for,  filing  with,  time  limit  for,  when  tax 
bills  are  sent  out  late  .  .  .  .  . 

decisions  with  respect  to  applications  for,  form  of  notices  of, 
regulated    ......... 

appeals  from  decisions  of  (see  Appellate  tax  board). 

forest  lands  and  forest  products,  classified,  act  amending  law 
relative  to  taxation  of,  as  affecting  powers  and  duties  of   . 

Highway  Fund,  portion  of,  received  by  cities  and  towns  for  high- 
way purposes,  inclusion  by,  as  an  estimated  receipt  and 
deduction  from  amount  required  to  be  raised  by  taxation 
for  highway  purposes  ....... 

income  taxes,  certain,  proceeds  of,  payable  to  cities  and  towns, 
inclusion  by,  as  an  estimated  receipt      .... 

public  ways  in  small  towns,  repair  and  improvement  of,  contribu- 
tions required  to  make  available  state  aid  for,  as  affecting 
powers  and  duties  of    . 

real  property  owned  by  persons  i;i  armed  forces  and  their  spouses, 
temporary  exemption  of,  from  taxation,  powers  and  duties 
as  to  .  .  .  .  ...  .  . 

selection  Of,  and  certain  related  matters,  investigation  relative 
to       .......  .        Resolve 

state  tax,  apportionment  and  assessment  of,  duties  as  to     . 

See  also  Taxation,  local  taxes. 
Assistance,  old  age  (see  Old  age  assistance,  so  called). 
Associations,   partnerships    and    trusts  having    transferable 
shares,  income  received  by,  taxation  of  .  .  . 

shareholders,  lists  of,  etc.,  filing  with  commissioner  of  corpora- 
tions and  taxation  by  . 
Assured  minimum,  phrase,  as  used  in  law  providing  for  payments 
to  cities  and  towns  from  the  Massachusetts  school  fund, 
BO  called,  further  defined       ...... 

Atlantic  States  Marine  Fisheries  Commission,  appropriations  . 

Attachment,  personal  property,  of,  sold  on  conditional  sale  or  when 
subject  to  pledge  or  lien,  regulated  .... 

property,  of,  excessive,  relief  against,  providing  for  . 
trustee  process,  by  (see  Trustee  process). 
Attendants,  (nursing),  age  requirements  for  licenses  as,  tempora- 
rily reduced,  etc.  ....... 

ATTORNEY    GENERAL: 


appropriations 


Beacon  Universalist  Parish,  united  with  First  Universalist  So- 
ciety in  Waltham,  certain  matters  relating  to,  determina- 
tion of,  by  supreme  judicial  court,  upon  application  of 

board  composed  of  state   treasurer,  director  of  accounts   and, 
approval  by,  of  emergency  loans  by  counties  . 
approval  by,  of  renewal  of  certain  temporary  revenue  loans  by 
cities,  towns  and  districts      ...... 

Brown  Reflector  (Inc.),  revival  of,  agreement  as  to  payment  of 
taxes  owed  by  said  corporation,  approval  of  form  of,  by   . 


Chap. 
259 

67 
572  . 

546 
r544 
\546 

546 
/252 
\478 

478 


166 
79 

461 

569 
285 

158 


Item  or 
Section. 

1.  2 


0251, 

Page  800 

1-6 

2 

1-6 

1 

1-6 

4 

1-4 


1-3 


1-5 


412 

1.  2 

45 

568  2, 

3,6,7,10,11 

285 

1 

285 

3 

14 
/   68 
\370 

1004-90 
1004-90 

298 
234 

1-10 
1-3 

387 

68 
370 

513 
572 

146 
80 
GO 

173 


1.  2 

0801-01  to 
0802-02 

0801-01  to 
0803-06 

0801-02  to 
0802-02; 
Page  666 
0801-02; 
0803-04, 
Page  796 


1004 


Index. 


ATTORNEY   GENERA'L  ~  Concluded. 

claims  of  commonwealth  against  United  States,  law  authorizing 
appointment  of  agent  to  prosecute,  etc.,  repealed,  and 
duties  of  said  officer  transferred  to         ...  . 

corporate  names,  use  of,  when  similar  to  name  of  another  cor- 
poration, may  be  enjoined  upon  application  of,  etc. 

Drummey,  William  W.,  release  by,  of  certain  claims  against 
commonwealth,  form  of,  approval  by     .  .        Resolve 

excises,  certain,  abatements  in  connection  with,  approval  by 

fraternal  benefit  societies,  foreign,  admitted  to  transact  business 
in  commonwealth,  form  of  bond,  etc.,  required  to  be  filed 
by,  approval  by  ....... 

libel  of  groups  of  persons  because  of  race,  color  or  religion,  prose- 
cutions under  law  penaUzing,  institution  by     . 

Mixer  Brothers  Company,  The,  revival  of,  agreement  as  to  pay- 
ment of  taxes  owed  by  said  corporation,  approval  of  form 
of,  by  ........  . 

Murphy,  Howard,  payment  by  commonwealth  of  sum  of  money 
to  heirs  of,  under  direction  of         .  .  .       Resolve 

Sullivan,  Nellie,  escheated  estate  of,  payment  from  state  treasury 
of  balance  of,  under  direction  of    .  .  .        Resolve 

supreme  judicial  court,  decisions,  etc.,  of,  publication  and  sale  of 
reprints  of  volumes  of,  duties  as  to         .  .  .  . 

United  States,  claims  of  commonwealth  against,  law  authorizing 
appointment  of  agent  to  prosecute,  etc.,  repealed,  and 
duties  of  said  officer  transferred  to         ...  . 

workmen's  compensation  law,  death  cases  under,  certain,  ex- 
penses of  prosecution  of,  providing  for,  etc.     . 
Audit,  municipal  accounts,  of  (see  Municipal  finance). 
Auditoriums,  inclusion  of  certain,  within  meaning  of  term  "place  of 

assembly"  under  certain  building  laws  . 
AUDITOR,    STATE: 


appropriations 


Dhap. 

Item  or 
Section. 

83 

1,2 

295 

63 
521 

1,2 

238 

1 

223 

180 

52 

32 

426 

83 

1.2 

367 

Highway  Fund,  from,  authorized  ..... 

Automobiles  (see  Motor  vehicles). 

Automotive  equipment,  keeping  and  storage  of,  on  school  premises 
in  city  of  Boston,  in  connection  with  "shop  courses",  so 
called,  authorized  ....... 

Auxiliary  military  and  naval  units  (see  Women's  auxiliary  mili- 
tary and  naval  units). 

Aviation  (see  Aeronautics  commission,  Massachusetts;  Common- 
wealth Airport-Boston,  so  called;  Orange  municipally- 
owned  airport,  so  called). 


546 


370 
572 


427 


351 


1 

0701-01  to 
0701-03 

0701-01  to 

0701-03 

0701-02. 

0701-03 

2 


1,2 


B. 

Babies  (see  Infants). 

Babson  Institute,  degrees  of  Bachelor  of  Science  and  Master  of 

Business  Administration,  granting  by,  authorized    .  .     557 

Bail,  admission  to,  sex  crimes,  so  called,  of  persons  charged  with,  of, 

relative  to 330 

BALLOT  LAW   COMMISSION: 

'370 


appropriations 


572 


479 


compensation  and  expenditures  of,  further  regulated 
nomination  papers,  objections  to,  etc.,  act  making  correctional 
changes  in  laws  pertaining  to,  as  affecting  powers  and 

duties  of 334 

powers  and  duties  of,  further  regulated    . 


Ballots  (see  Elections). 
Bang's  abortion  disease,  so  called,  vaccination  of  certain  cattle 
for  prevention  of,  further  providing  for 


f    43 

•  1    51 


0426-01, 
0426-02 
0426-01, 
Page  796; 
0426-02, 
Page  796 


12 


56 


Index. 


1005 


BANKING  AND   INSURANCE,   DEPARTMENT    OF: 


in  general,  appropriations 


banks  and  loan  agencies,  division  of: 


in  general,  appropriations 


bank  incorporation,  board  of,  establishment  of  branch  offices 
and  mergers  of  trust  companies,  during  war  emergency, 
approval  by  .  .  .  .  .  .  . 

commissioner  of  banks,  banking  companies,  voluntary  liqui- 
dation of,  approval  by  ...... 

banks,  deposit  books  of,  verification  of,  during  existing  state 
of  war,  powers  as  to     .  .  .  .  .  .  . 

contributory  savings  banks  employees  retirement  associa- 
tion, establishment  of,  powers  and  duties  as  to         . 
co-operative  banks,  sale  by,  of  checks  under  regulations 
made  by     ........  . 

Co-operative  Central  Bank,  The,  by-laws  and  amendments 
thereto  of,  approval  by  .  .  .  .  . 

federal  housing  administrator,  loans  insured  by,  making  by 
banking  institutions  subject  to  regulations  of,  term  of 
act  providing  for,  further  extended         .  .  .  . 

liquidations  division,  director  of,  property,  etc.,  in  possession 
of,  and  powers,  duties  and  functions  thereof  in  relation  to 
conservation  and  liquidation  of  closed  banking  institu- 
tions, transfer  of,  to     .  .  .  .  .  . 

Massachusetts  Hospital  Life  Insurance  Company,  examina- 
tion of,  by  ........ 

salary  of,  relative  to  .  .  .  .  .  . 

savings  banks  and  trust  companies,  loans  by,  act  authorizing 
minimum  interest  or  discount  charges  for,  powers  and 
duties  as  to      .  .  .  .  .  .  .  . 

reports  required  to  be  filed  by,  with,  act  further  regulating 
forms  of,  as  affecting  powers  and  duties  of 
savings  banks,  investments  by,  changes  in  laws  relating  to, 
as  affecting  powers  and  duties  of         ...  . 

trust  companies,  establishment  of  branch  offices  and  mergers 

of,  during  war  emergency,  approval  by         .  .  . 

reserve  funds  of,  certain  emergency  powers  as  to,  made 

permanent        ........ 

stock  transfers  of,  notice  to  . 


supervisor  of  loan  agencies,  appropriations 
insurance,  division  of: 

in  general,  appropriations  . 


Chap. 

68 
370 
513 

572 

68 

370 
513 
572  { 

192 
121 

30 
249 

77 
219 

126 

122 

143 
315 

27 

21 

215 

192 

193 
237 

68  { 

370  j 
613 

68 

370 

572 


Item  or 
Section. 

1101-01  to 

1105-02 

1101-01  to 

1105-02 

1102-01, 

1105-01 

1101-01, 

Page  795; 

1103-01, 

Page  795; 

1103-02, 

1103-03 

1101-01  to 
1102-02 

1101-01  to 

1102-02 

1102-01 

1101-01, 

Page  795 


1.2 

Subs.  59 

1 
1 

2 
1.2 

1.2 

l.|2 

1-12 

4 


1102-01. 
1102-02 

1102-01, 
1102-02 
1102-01 

1103-01  to 
1103-03, 
2970-02 

1103-01  to 
1103-03, 
2970-02 
1103-01, 
Page  795; 
1103-02, 
1103-03 


1006  Index. 

Item  or 
Chap.  Section. 

BANKING  AND  INSURANCE,  DEPARTMENT  OF  —  Concluded. 
insurance,  division  of  —  Concluded. 

commissioner  of  insurance,   annuity  contracts,   valuation  of,  f    54  1,2 

etc.,  charges  and  fees  for,  collection  by  .  .    {  227  2 

federal  housing  administrator,  loans  insured  by,  making  by 
insurance  companies  subject  to  regulations  of,   term   of 

act  providing  for,  further  extended  ....      126  1 

fraternal  benefit  societies,  absent  voting  bj'  certain  members 

of,  system  of,  approval  by  ....  .     309  2 

foreign,  admission  to  transact  business  in  commonwealth, 

powers  and  duties  as  to     .  .  .  .  .  238  1,  2 

laws  of  commonwealth  relating  to,  special  commission  to 

study,  to  bo  or  to  designate  a  member  of      .        Resolve       44 
location  of  place  of  business  of,  changing  of,  approval  by     309  1 

insurance  companies,  annual  statements  and  schedules  of,  1     94  12 

filing  with,  during  existing  state  of  war,  powers  and  \    J^  {•  n 

duties  relative  to j     "^  ^'  '^ 

foreign,  auditing  financial  statements  of,  fees,  etc.,  to  be 
collected  for,  by,  regulated  .....     288 

liability  insurance  companies,  reserves  of,  computation  by     183  1,  2 

life  insurance  companies,  domestic,  low  rental  housing  proj- 
ects, maintenance  by,  etc.,  powers  and  duties  as  to        .     207  1-4 
reserve  liability  of,  and  nonforfeiture  benefits  under  life 

insurance  policies,  powers  and  duties  as  to  .  .     227  1-14 

renewal   certificates,   renewal   agreements   and   renewal   re- 
ceipts used   by  certain  insurance  companies,   forms  of, 
approval  by,  etc.  .......     372  1,2 

retirement  systems  of  commonwealth  and  political  subdivi- 
sions thereof,  existing  mortality  tables  and  interest  rates 
continued  for,  use  of,  by        .  .  .  .  .     497 

salary  of,  relative  to  .  .  .  .  .317 

teachers'  retirement  system,  certain  mortality  tables  and 

interest  rates  restored  for,  use  of,  by      .  .  .     496 

liquidations,  division  of: 

director  of,  transfer  to  commissioner  of  banks  of  funds  and 
property  in  possession  of,  and  all  powers,  duties  and  func- 
tions thereof  in  relation  to  conservation  and  liquidation 

of  closed  banking  institutions  in  possession  of  said  director     122  2 

termination  of,  postponed,  etc.     ......      122  1-3 

savings  bank  life  insurance,  division  of: 

f    p^o  /  1105-01, 

\  1105-02 

appropriations  .  .  .  .  .  .  .  .  .  -^  070  /  1105-01, 

\  \  1105-02 

[513  1105-01 

budget  estimates  of,  relative  to    .  .  .     346 

See  also  Savings  bank  life  insurance. 
Banking  companies,  investment  certificates  or  pass  books  issued 

by,  loss  of,  relative  to  ......       22 

Bankruptcy,  trustees  in,  of  licensees  under  liquor  control  law,  so 

called,  conducting  of  business  by,  regulated  .  .     542  1,  12 

See  also  Receivers. 
BANKS   AND   BANKING: 

in  general,  closed  banks  (see  Banking  and  insurance,  department 
of,  liquidations,  division  of), 
dividends  on  shares  in  certain  banking  associations,  taxation  of     285  1,  3,  4 

initiative  petitions,  banks  affected  by,  provisions  of  corrupt 

practices  law  relative  to  influencing  vote  on,  by,  amended     273  1,  2 

laws  relating  to,  certain  corrective  changes  in         .  .  {  i}c  7  7n 

pass  books  and  certificates  issued  by  banks  thereafter  merged 

with  other  banks,  loss  of,  relative  to       .  .  .  .22 

pass  books,  verification  of,  bv,  during  existing  state  of  war, 

relative  to 30  1, 2 

banking  companies,  capital,  surplus,  certificate  funds,  etc.,  of, 

investment  of,  further  regulated    .....     208 
voluntary  liquidation  of,  relative  to      .....      121 
co-operative  banks,  checks,  negotiable,  sale  by  ...       77 

conversion  into  federal  savings  and  loan  associations,  further 

regulated 235  1,  2 

examination  and  audit  of,  certain  changes  in  laws  affecting     .     191 
guaranty    funds   and   surplus    accounts   of,   holdings   in,   in- 
creased ........       81 


Index. 


1007 


BANKS    AND    BANKING  —  Concluded. 
co-operative  banks  —  Concluded. 

loans  insured  by  federal  housing  administrator,  making  by, 
term  of  act  authorizing,  further  extended,  and  further 
authorizing  certain  loans  so  insured        .... 

shares  of,  owned  by  persons  engaged  in  military  or  naval  serv- 
ice of  the  United  States  or  by  their  dependents,  relative  to 
federal  reserve  banks,  trust  companies,  investments  of,  in  their 
commercial  departments,  certain  limitations  on,  not  to 
apply  when  secured  by  guarantees  of,  etc. 
federal  savings  and  loan  associations,  conversion  of  co-operative 
banks  into,  further  regulated  ..... 

Morris  plan  banks,  so  called,  provisions  of  law  relating  to  taxation 

of,  brought  into  conformity  . 
national  banks,  stock  of,  investments  by  savings  banks  in,  fur- 
ther regulated      .  .  .  .  .  . 

savings  and  insurance  banks  (see  Savings  bank  life  insurance), 
savings  banks,  investments  by,  cities,  securities  of,  in,  further 
regulated  ........ 

deposits  and  income  derived  therefrom,  of,  further  regulated 
national  bank  stock,  in,  further  regulated 
railroad  bonds,  certain,  in,  further  regulated 
trust  companies,  stock  of,  in,  further  regulated 
loans  by,  insured  by  federal  housing  administrator,  term  of  act 
authorizing,   further  extended,   and   further  authorizing 
certain  loans  so  insured         ... 
secured  by  deposit  books,  minimum  interest  or  discount 
charges  for,  authorizing         .  . 

mortgage  loans  of,  payments  on,  at  intervals  of  not  more  than 
three  months,  and  delayed  original  payments  on  certain 
construction  mortgage  loans,  providing  for 
real  estate  acquired  by  foreclosure  of  mortgages  or  at  certain 

sales,  holding  by,  period  of  time  for,  further  regulated 
reports  required  to  be  filed  by,  with  commissioner  of  banks, 
forms  of,  further  regulated    ...... 

retirement  association,  contributory,  for  employees  of,  pro- 
viding for   .  .  .  .  .  . 

See  also  Banking  and  insurance,  department  of,  savings  bank 
life  insurance,  division  of;   Savings  bank  life  insurance, 
trust  companies,  branch  offices,  establishment  of,  and  mergers 
thereof,  temporary  changes  in  law  regulating  .  •.     .  . 

commercial  and  savings  departments  of,  limits  on  total  liabili' 
ties  of  one  borrower  in,  clarified      .... 

investments  by,  of  funds  in  their  commercial  departments 

certain  limitations  on,  relative  to  . 
loans  by,  insured  by  federal  housing  administrator,  term  of 
act  authorizing,  further  extended,  and  further  authoriz- 
ing certain  loans  so  insured  ..... 

possession  of  director  of  liquidations,  in,  transfer  of  funds  and 

property  of,  etc.,  to  commissioner  of  banks 
reports  required  to  be  filed  by,  with  commissioner  of  banks 

forms  of,  further  regulated  .  .  . 

reserve  funds  of  .emergency  provisions  relative  to,  made  permanent 

savings  departments,  deposits  in,  investment  of  (see,  supra, 

savings  banks,  investments  by). 

loans  by,  secured  by  deposit  books,  minimum  interest  or 

discount  charges  for,  act  authorizing      .... 

stock  of,  investments  by  savings  banks  in,  further  regulated   . 
transfers  of,  notice  to  commissioner  .... 

See  also  Credit  unions. 
Banks  and  loan  agencies,  division  of  (see  Banking  and  insurance, 

department  of). 
Banks,  commissioner  of  (see  Banking  and  insurance,  depart;pient  of). 
Banquets,  rooms,  etc.,  used  for,  inclusion  of  certain,  within  meaning 
of  term  "place  of  assembly"  under  certain  building  laws   . 
Barbers,  board  of  registration  of  (see  Civil  service  and  registration, 
department  of). 
See  also  Hairdressers. 
BAR  EXAMINERS,    BOARD   OF: 

appropriations       .  .  .  .  .  .  . 


Chap. 

126 
142 

307 
235 
472 
215 


Item  or 
Section. 


1-3 


215 
215 
215 
215 
215 


126 

27 

94 
215 

21 
249 

192 
261 
307 

126 

122 

21 
193 


27 
215 
237 


546 


370 


1.  2 


1 

1-12 

6 

2-5 

6 


1-3 

1.  2 

1.  2 

9 

1.  2 


1-4 


1-3 
2 

1,  2 


1.  2 
6 


0312-01, 
0312-02 
0312-01, 
0312-02 


1008 


Index. 


BARNSTABLE    COUNTY: 

appropriations  for  maintenance  of,  etc.    ..... 

associate  medical  examiners  in,  authorized  to  perform  duties  of 

medical  examiner  thereof  in  certain  cases 
county  commissioners  of,  salaries  of,  further  regulated 
tax  levy        .......... 

Baseball  games,  Lord's  day,  on,  during  present  war,  time  of  con- 
ducting certain    ........ 

Battery,  assault  and,  crime  of,  penalty  for  .... 

Bays  (see  Waters  and  waterways). 

BB  guns,  wounds  caused  by,  reporting  of      ....  . 

Beacon    Uniyersalist    Parish,    and    church    aflBliated    therewith, 
united  with  First  Universalist  Society  in  Waltham,  and 
certain  provisions  made  relative  to  funds,  property,  etc., 
of  said  corporation       ....... 

Beano,  game  commonly  called,  law  authorizing  licensing  of,  repealed 

referendum  petition  as  to    . 
Becker  School  of  Business  Administration  and  Secretarial 
Science,  name  changed  to  Becker  Junior  College  of  Busi- 
ness Administration  and  Secretarial  Science,  and  author- 
ized to  confer  degree  of  Associate  in  Science   . 

Belchertown,  state  school,  appropriations     ..... 


Chap. 

Item  or 
Section. 

465 

1 

153 
102 
465 

1.2 

1,2 

1 

303 
259 

1.  2 

41 


146 
267 


555 
r  68 
^370 
[513 


town  of  (see  Cities  and  towns). 

Benefit  societies  (see  Fraternal  benefit  societies). 

BERKSHIRE   COUNTY: 

appropriations  for  maintenance  of,  etc.    .....     465 

tax  levy        ..........     465 

Bernardston,  town  of  (see  Cities  and  towns). 

Berrigan,  Thomas  A.,  payment  of  judgment  of,  appropriations  572 

Bethlehem  Steel  Corporation  and  Subsidiary  Companies,  Re- 
lief Plan  of,  unincorporated  association  known  as,  rela- 
tive to 396 

Betterment  assessments,  etc.,  time  for  payment  of,  and  continu-  ("252 
ance  of  liens  created  in  connection  therewith  .  .  \  478 

Betting,  horse  and  dog  races,  on  (see  Horse  and  dog  racing  meetings 
conducted  under  pari-mutuel  system  of  wagering). 

Beverages,  alcoholic  (see  Alcoholic  beverages). 

Beverly,  city  of  (see  Cities  and  towns). 

Hospital  Corporation,  sale  by,  of  certain  property  to  city  of 

Beverly  for  public  park         ......     429 

Billiard  rooms,  inclusion  of  certain,  within  meaning  of  term  "place 

of  assembly"  under  certain  building  laws        .  .  .     546 

Biologic  laboratories,  division  of  (see  Public  health,  department 
of). 

Birds  (see  Game  and  inland  fisheries). 

Birdseye,  Clarence,  pajonent  by  commonwealth  of  sum  of  money 
to,  as  reimbursement  for  obligations  incurred  in  payment 
of  certain  notes  signed  by  certain  unit  of  Massachusetts 
national  guard     ......       Resolve       29 

appropriation    .........     572 

Births,  certificates  relating  to,  adoption  and  change  of  name,  cases 

of,  filing  in  ........     155 

eyes  of  infants,  treatment  with  a  prophylactic  remedy  at  birth, 

recording  on         ........       46 

office  of  state  secretary,  in,  use  in  evidence  ....     228 

federal  reservations,  taking  place  on,  relative  to,  etc.  .  .     408 

records  of,  legitimation  of  illegitimate  children,  act  further  pro- 
viding for,  as  affecting  certain       .....       72 

soldiers,  sailors  and  marines,  of,  furnishing  without  charge  in 

certain  cases  of  copies  of       .....  .     484 

Blind,  division  of  the  (see  Education,  department  of). 


Blind  persons,  adult,  instruction,  aid,  etc.,  appropriations      .         .  {  370 

672 


1-12 
Page  848 


1723-00 

1723-00 

Page  667 


1 
1 

8802-24, 

Page  794; 

8807-24, 

Page  794 


1-3 

1-6 

4 


1,2 
1 


2820-08, 
Page  798 

1,2 


1,2 
1-3 


1304-06, 
1304-08 

1304-06, 
1304-08 

1304-08. 

Page  797 


Index. 


1009 


Blind  persons  —  Concluded. 

aid  to,  by  division  of  the  blind,  relative  to        ...  . 

records  concerning,  etc.,  inspection  and  disclosure  of,  relative  to 

transfer  from  department  of  education  to  department  of  public 

welfare,  etc.,  investigation  relative  to     .  .       Resolve 

deaf  and  blind  pupils,  education  of,  appropriations   . 


registration  of,  relative  to       ......  • 

Blue  book,  so  called,  appropriations  ...... 

Blue  sky  law,  so  called,  administration  and  enforcement  of,  appro- 
priations    ......... 

Boarding  houses,  fraudulently  procuring  accommodation,  etc., 
from,  offense  of,  relative  to  . 

See  also  Buildings. 
BOARDS,    STATE: 

appeal  (see  Appeal,  boards  of). 

bar  examiners  (see  Bar  examiners,  board  of) . 

boiler  rules  (see  Public  safety,  department  of). 

collegiate  authority  (see  Education,  department  of). 

conciliation  and  arbitration  (see  Labor  and  industries,  depart- 
ment of). 

emergency  finance  (see  Emergency  finance  board). 

housing  (see  Housing,  state  board  of). 

milk  control  (see  Milk  control  board). 

parole  (see  Correction,  department  of). 

probation  (see  Probation,  board  of). 

reclamation  (see  Reclamation  board,  state). 

registration  (see  Civil  service  and  registration,  department  of). 

retirement  (see  Retirement  systems  and  pensions,  common- 
wealth, of). 

review  (see  Labor  and  industries,  department  of,  employment 
security,  division  of). 

standards  and  appeals  (see  Public  safety,  department  of). 

teachers'  retirement  (see  Retirement  systems  and  pensions, 
teachers,  of). 

See  also  Commissioners,  state;    Commissions,  state;    Depart- 
ments, state;    Divisions,  state  departments,  of. 
Boiler  rules,  board  of  (see  Public  safety,  department  of). 

Boilers,  inspection  of,  appropriations    .  .       ^  . 

Bonds,  associations  of  pubUc^employees,  treasurers  of,  of,  in  connec- 
tion with  pay  roll  deductions  for  group  life  and  accident 
insurance    .  .  .  .  .  •.     .  .  • 

collectors  of  taxes,  of,  partial  discharge  from  liability  on,  under 
certain  circumstances,  providing  for        .... 

commonwealth,  of  (see  State  finance). 

criminal  cases,  in,  suits  on,  weekly  return  day  in  superior  court 
for  entry  of,  providing  for,  etc.      .  .  .  .  . 

fraternal  benefit  societies,  foreign,  admitted  to  transact  business 
in  commonwealth,  of,  filing  with  state  treasurer 

motor  vehicle  liability  (see  Motor  vehicles,  liabiUty  for  bodily 
injuries,  etc.,  caused  by,  security  for). 

old  age  assistance,  so  called,  for  repayment  of,  in  certain  cases, 
proceedings  on,  approval  by  department  of  public  welfare 
required  in  connection  with  .  .  .  . 

railroad,  acquisition,  etc.,  of,  by  certain  other  railroad  corpora 
tions,  authorized  ...... 

self-insxirers,  so  called,  under  workmen's  compensation  law,  fur- 
nishing by  .  .  .  • 

trustee  process,  in,  cities  and  towns  exempted  from  requirement 
of  filing       .  .  .  .  ... 

United  States  savings,  etc.,  investments  in,  cities,  towns  and 
districts,  by,  authorized         ..... 

commonwealth,  funds,  certain,  of,     . 

counties,  by,  authorized  ..... 

See  also  Securities. 


Chap. 

526 
169 

38 

68 

370 

513 

89 

68 

370 


68 
370 


31 


Item  or 
Section. 


1301-41 
1301-41 
1301-41 
1,2 
0503-01 
0503-01 

2308-01, 
2308-02 

2308-01, 
2308-02 


68 
370 


424 

107 

/145 
\244 

238 


512 

33 
529  7, 

17 

5 
/213 
\509 

6 


2104-31, 
2104-32 

2104-31, 
2104-32 


1.  2 
3 


1,  2 


Subs.  25A 

1,  2 

1.  S 
1,2 


1010 


Index. 


Chap. 


Bonus,  soldiers',  so  called  (see  Soldiers'  bonus). 

Books,  etc.,  commonwealth,  non-profit  libraries,  etc.,  exempted 
from  Fair  Trade  Law,  so  called,  in  respect  to  certain  price 
limitations  on       .......  . 

Borrowing  (see  County  finance;  Loans;  Municipal  finance;  State 
finance). 

Boston,  airport,  so  called,  cost  of  operation  of,  appropriations  . 

improvement,  development,  etc.,  of,  and  designated  as  Gen- 
eral Edward  Lawrence  Logan  Airport    .... 
and  Providence  Railroad  Corporation,  continued  transportation 
service  for  communities  served  by,  action  to  assure,  inves- 
tigation relative  to,  continued       .  .  .       Resolve 

appropriation  .  .  .  .  .  .  . 

city  of  (see  Cities  and  towns). 

Consolidated  Gas  Company,  lease  to,  of  certain  property  of 
Dedham  and  Hyde  Park  Gas  and  Electric  Light  Com- 
pany to  be  acquired  by  city  of  Boston,  extension  of  time 
for      .......... 

Elevated  Railway  Company,  Revere,  city  of,  suspension  of  re- 
strictions on  granting  of  new  licenses  for  transportation  of 
passengers  by  motor  vehicle  in,  as  affecting 
trustees  of,  accounting  duties,  etc.,  of,  proceeding  for  judicial 
determination  of,  cost  of,  appropriation 
Eastern  Massachusetts  Street  Railway  Company,  trustees 
of,  regulation  by,  of  joint  rates  and  fares  with 

harbor,  areas,  certain,  in,  ceding  to  United  States  of  jurisdiction 
over,  for  purpose  of  coast  guard  base        .... 

zoning  of,  for  maritime  use,  expenses,  certain,  relating  to,  ap- 
propriation ........ 

See  also  Metropolitan  districts,  sewer  districts. 

juvenile  court,  trial  in,  of  certain  proceedings  against  parents, 
authorized  ........ 

metropolitan  area,  rapid  transit  in,  investigation  relative 
to      .......  .       Resolve 

municipal  court  of  the  city  of  (see  District  courts). 

Navy  Yard,  ceding  jurisdiction  to  United  States  over  certain 
lands  for  extension  of,  etc.,  in  city  of  Boston   . 
in  city  of  Chelsea   ........ 

Port  Authority,  cost  of,  reimbursement  of  city  of  Boston  for  por- 
tion of,  appropriation  ....... 


Port  of,  functions  relating  to,  appropriations 


psychopathic  hospital,  appropriations      ..... 

School  of  Pharmacy,   The,   degree  of  Bachelor  of  Science  in 
Pharmacy,  granting  by,  authorized  if,  etc. 

state  hospital,  appropriations  ...... 


Boulevards  and  parkways,  in  general,  appropriations  . 


See  also  Metropolitan  districts,  parks  district. 

Boundary  line,  Fitchburg  and  Leominster,  cities  of,  between,  rela- 
tive to  portions  of,  etc.  ...... 

Bovine  animals  (see  Agriculture,  department  of:  divisions,  etc.,  of: 
livestock  disease  control;  Cattle). 

Bowling  alleys,  inclusion  of  certain,  within  meaning  of  term  "place 
of  assembly  "  under  certain  building  laws 

Boxing  commission,  state  (see  Public  safety,  department  of). 

Boyle,  Patrick  J.,  made  eligible  to  become  member  of  retirement 
system  of  city  of  Lawrence,  and  made  eligible  for  certain 
retirement  benefits  thereunder       ..... 


40 


68 

370 

513 

'528 

567 


35 
572 


163 

162 

370 

98 

458 
}572{ 

87 
56 


457 
456 


370 


370 

572 

68 

370 

513 

571 
68 

370 
370 
513 
572 


415 


546 


206 


Item  or 
Section. 


3132-14 

3132-14 

3132-14 

1-8 

1 


0204, 
Page  798 


1,  2 

2320-01 

5 

1-5 

3170-01, 
Page  799 


1,2 


1-3 

1-4 

3134-01 

3131-01  to 

3132-14 

3131-01  to 

3132-14 

Page  793 

1710-00 

1710-00 

1710-00 


1711-00 
1711-00, 

1711-26 
2931-00, 

2932-00 
2931-00, 
Page  667 
2931-00, 
Page  796 


1-4 


1.2 


Index. 


1011 


Boys,  industrial  school  for,  appropriations     .... 
Lyman  school  for,  appropriations    ..... 

parole  of,  department  of  public  welfare,  appropriations 

See  also  Minors. 

Bradford  Durfee  Textile  School,  appropriations 

Breaking^,  entering,  etc.,  a  building,  ship  or  vessel,  in  the  night 
time,  penalty  for,  amended  ...... 

BRIDGES: 

in  general,  defects  in,  etc.,  proceeds  of  recovery  in  certain  actions 
for  death  caused  by,  disposition  of,  altered 

Merrimack  river,  across,  in  city  of  Haverhill,  construction  of, 
without  a  draw   ........ 

Bridgewater  state  teachers  college,  appropriations 

BRISTOL   COUNTY: 

agricultural  school,  trustees  of,  transportation  costs  of  certain 
pupils,  payment  of,  by,  authorized  .... 

appropriations  for  maintenance  of,  etc.    .  ;  .  .  . 

clerk  of  courts,  second  and  third  assistant,  for,  provision  for 
register  of  probate  for,  second  assistant,  provision  for 

tax  levy        .......... 

Broadcasting  studios,  inclusion  of  certain,  within  meaning  of  term 
"place  of  assembly"  under  certain  building  laws 

Brockton,  city  of  (see  Cities  and  towns). 

Edison  Company,  lines,  poles,  etc.,  of,  in  city  of  Brockton,  loca- 
tions, etc.,  validated    ....... 

Brooks  (see  Waters  and  waterways). 

Brown  Reflector  (Inc.),  revived  for  certain  purpose 

Brush  or  slash,  disposal  of,  following  wood  or  lumber  operations, 
relative  to  ...  .  .  .  . 

Budget,  commissioner  (see  Administration  and  finance,  commission  on) . 

state,  appropriation  acts  ....... 

restoration  of  annual,   propo.sed  amendment  to  constitution 
providing  for        ........ 

Budgets,  cities,  in,  other  than  Boston,  clarification  of  law  relative  to 

Building  inspection  service,  department  of  public  safety,  appro- 
priations    ......... 

Buildings,   assembly,  places  of,   as,  construction,  alteration,  use, 

occupancy,  etc.,  of,  relative  to       .  .  .       ^   . 

ingress  to  and  egress  from,  means  of,  further  regulated    . 
breaking  and  entering  in  the  night  time,  penalty  for,  amended 

inspection,  regulation  and  licensing  of,  laws  relative  to,  certain 
changes  in  ........ 

safety  of  persons  in,  etc.,  investigation  relative  to     .        Resolve 

appropriation  ........ 

state,  superintendent  of  (see  Superintendent  of  buildings,  state). 
See  also  Dwelling  houses;  Housing,  state  board  of. 

Bulletins  of  committee  hearings,  general  court,  appropriations   . 


Chap. 

68 
370 
513 

68 
370 
513 

68 
370 
513 

f  68 
\  370 
[572 

343 


444 
32 


370 


42 
(465 
\527 
336 
464 
/465 
\527 

546 


11 

173 

103 

68 
370 
513 
572 

62 

68 

370 

/544 
\546 

546 

343 
J544/ 

1646 
67 

572  / 


68 
370 
513 


Item  or 
Section. 

1915-00 
1915-00 
1915-00 
1917-00 
1917-00 
1917-00 

1908-11  to 
1908-13 

1908-11  to 
1908-13 
1908-12. 
1908-13 

1331-00 
1331-00 
1331-00 

1,  2 


1.  2 

1,  2 
1307-00, 

1307-21 
1307-00, 

1307-21 


1 

1,  3,4 

1-3 

1.  2 

1 

3 


1.  2 


1.2 

1-8 

1-12 

1-4 

1-4 

Page  845 

2104-11, 
2104-12 

2104-11, 
2104-12 

2 
1-6 
1-6 
1.  2 
2-6. 
7A-8 
1-6 

0251, 
Page  800 


0102-04 
0102-04 
0102-04 


1012  Index. 

Item  or 
Chap.  Section. 

{^70  2sm— on 

513  2801-00 

Burlington,  town  of  (see  Cities  and  towns). 
Buses,  motor  (see  Motor  vehicles). 
Business  conditions,  etc.,  investigation  relative  to,  expenses  of,  "I  c._„  f  0245, 

appropriation j  \        Page  798 

Business  corporations  (see  Corporations). 
By-laws  (see  Ordinances  and  by-laws). 


c. 

Cabarets,  term  "place  of  assembly"  under  certain  building  laws  to 

include  certain    ........     546  1 

Call  firemen  (see  Fire  departments). 

Calves,  slaughtering  of,  etc.,  laws  relating  to,  amended  .  .  .     508  1-5 

Cambridge,  city  of  (see  Cities  and  towns). 

Junior  College,  degrees  of  Associate  in  Arts  and  Associate  in 

Science,  granting  by,  authorized    .....     656 

Canal  companies,  initiative  petitions,  affected  by,  provisions  of 
corrupt  practices  law  relative  to  influencing  vote  on,  by, 
amended 273  1,  2 

Canals  (see  Waters  and  waterways). 

Cancer,  clinics,  establishment  of,  by  department  of  public  health,  etc.     436  1,  2 

hospital,  Pondville,  appropriations 370  |     ^^^2031-26 

Candidates  (see  Elections). 

Canton  Mutual  Liability  Insurance  Company,  receivership  of, 

expenses,  appropriation         ......     572  Page  790 

Cape  Cod,  Canal  pier,  appropriation     ......       68  2202-08 

mosquito  control  project,  appropriations  .  .  .         .  j  „|2q  ^oi 

Capital  crimes,  prisoners  held  for,  removal  and  hospitalization  of, 

authorized  ........     120 

Capital  stock  (see  Corporations;  Securities). 

Capitol  police,  appropriations |  „l°^  0416^03 

Card  parties,  rooms,  etc.,  used  for,  inclusion  of  certain,  within  mean- 
ing of  term  "place  of  assembly"  under  certain  building 
laws  ..........     546  1 

Carmichael,  John  F,,  given  preference  for  re-employment  in  labor 

service  of  city  of  Cambridge  ......     264 

Carriers,  common,  employees  of  certain,  workmen's  compensation 

law  not  to  apply  to      ......  .     529  3 

See  also  Motor  vehicles,  passengers,  transporting  by;  Railroads; 
Street  railways ;  Trackless  trolley  vehicles,  so  called. 
Car  sharing  plans,  so  called,  liability  of  persons  participating  in 

use  of  motor  vehicles  under,  relative  to  ...     485  1,  2 

Cashing  of  checks,  certain  employers  required  to  provide  reason-  (378 
able  facilities  for  .  .  .  .  .  .  .  \  563 

Cass,  Colonel  Thomas,  and  ofiBcers  and  men  of  Ninth  Regiment  of 
Infantry,  Massachusetts  Volunteers  and  Massachusetts 
state   guard,   temporary  memorials  to,   in  state   house, 
authorized  ......       Resolve       30 

Cattle,  Bang's  abortion  disease,  so  called,  vaccination  for  prevention 

of,  further  providing  for        ......       56 

See  also  Agriculture,  department  of:  divisions,  etc.,  of :  livestock 
disease  control;   Slaughter  houses. 
Caucuses  (see  Elections). 
CEMETERIES : 

Forest  Hills  Cemetery,  The  Proprietors  of,  constitution  of  a 
quorum  of,  and  investment  of  funds  of  said  corporation, 

relative  to 329  1-4 

incorporation  of,  etc.,  further  regulated   .....     130  1,  2 

Mount  Wadsworth  Cemetery,  town  of  Sudbury  authorized  to 

receive  and  administer  property  of,  etc.  .  .  .  .     450  1-6 

West  Dennis  Cemetery  Corporation,  town  of  Dennis  authorized 

to  receive  and  administer  the  property  of        .  .  .174  1-4 

(    68  0415-12 

Central  mailing  room,  appropriations         .  .         .  .         .  \  370  0415-12 

i  613  0416-12 


Index. 


1013 


Chap. 


Certificates  of  registration  (see  Licenses  and  permits ;  also  specific 
titles) . 

Certified  public  accountants,  registration  of,  appropriations 

Certiorari,  petitions  for,  practice  in  respect  to,  amended 

Chain  libel,  so  called  (see  Libel). 

Chairs  (see  Seats). 

Change  of  name,  birth  records  and  previous  decrees  of  change  of 
name,  filing  of,  in  proceedings  for  ..... 

Chaplains,  general  court  (See  General  court). 

Charcoal,  sold  or  offered  for  sale,  quality  of,  relative  to   . 

Charitable  contributions,  guardians  of  insane  persons,  by,  inves- 
tigation relative  to        ....  .        Resolve 

Charitable,  etc.,  corporations,  employees,  certain,  of,  workmen's 
compensation  law  to  be  elective  as  to     . 

Charitable  institutions,  persons,  certain,  residing  in,  not  to  gain  or 
lose  settlement    ........ 


Charles  river  basin,  maintenance,  etc.,  appropriations  . 


Charlestown  Navy  Yard  (see  Boston  Navy  Yard). 
Charlton,  town  of  (see  Cities  and  towns). 
Charters,  corporation  (see  Corporations). 

Chastity,  morality,  etc.,  certain  crimes  against,  relative  to  . 
Chatham,  town  of  (see  Cities  and  towns). 

Checks,  negotiable,  payment  of  wages  by,  act  requiring  employers 
to  provide  reasonable  facilities  for  cashing  same 
exemption  of  public  officers  from,  provision  for 
sale  by  co-operative  banks,  authorized     ..... 
Chelsea,  city  of  (see  Cities  and  towns). 
Chemical  analysis  (see  Narcotic  drugs) . 
Chicopee,  city  of  (see  Cities  and  towns). 
Child  guardianship,  division  of  (see  Public  welfare,  department 

of). 
Child     hygiene,    division    of     (see    Public    health,    department 

of). 
Children,  adoption  of,  birth  records  and  previous  decrees  of  adop- 
tion, filing  of,  in  proceedings  for     .... 
crime,  charged  with,  detention,  commitment  and  care  of,  pend- 
ing arr£iignment,  examination  or  trial,  relative  to 
dependent,  of  employees  killed  in  industrial  accidents,  payments 

to  certain,  amount  of,  increased   .... 
employed  mothers,  of,  extended  school  ser\'ices  for    . 
employment  of  (see  Minors), 
illegitimate,  care  and  custody  of  certain,  relative  to 

legitimation  of,  further  provisions  for  .... 
mothers  with  dependent,  aid  to  (see  Mothers  with  dependent 

children,  aid  to), 
neglected,  certain,  expenses  for  support  of,  payment  of,  relative 

to       . 

school,  feet  of,  examination  of,  providing  for     .... 
See  also  Schools. 

tuition  of,  etc.,  cost  of,  appropriations     ..... 

See  also  Infants;   Minors;   Parent  and  child. 
Child  welfare  service  employees,  certain,  placed  under  civil  serv- 
ice     .........  . 

Chilmark,  town  of  (see  Cities  and  towns). 

Chiropody  (podiatry)  board  of  registration  in  (see  Civil  service 

and  registration,  department  of). 
Churches  (see  Assembly,  places  of). 
CHURCHES   AND    RELIGIOUS    CORPORATIONS: 

employees,  certain,  of,  workmen's  compensation  law  to  be  elec- 
tive as  to    . 
See  also  Ohebei  Shalom. 
Cigarette  tax,  temporary,  imposition  of,  time  for,  extended   . 
Circulars,  political,  delivery  of,  to  voters,  relative  to     . 


370 
■374 


155 
241 


529 


379 
370 


572 


377 


378 
563 

77 


Item  or 

Section. 


1414-01. 

1414-02 
1414-01, 

1414-02 
1.4 


1,  2 
1-4 


8607-00 

8607-00, 

Page  794; 

8607-22, 

Page  794 


155 

244 


368 
493 


13 

72 


504 
384 

370  I 
513 

246 


529 


407 
483 


1,  2 

1-4 

1-5 
1,  2 


1907-01. 

1907-03 

Page  666 


1.  2 

3 

1-3 


1014 


Index. 


CITIES   AND   TOWNS: 
in  general: 

accounts  of  (see  Municipal  finance). 


Chap. 


68 


aid  and  relief,  certain,  by,  state  reimbursement,  appropriations  j  o-q 


alcoholic  beverages,  sale,  etc.,  in  (see  Alcoholic  beverages), 
appropriations  by,  monuments  or  memorials  commemorating 
services  and  sacrifices  of  persons  in  military  or  naval 
forces  of  United  States  in  present  war,  erection  of,  for 
public  entertainment,  for,  further  regulated 
ragweed,  suppression  and  eradication  of,  for 
snow  and  ice,  removal  from  private  ways  open  to  public  use 

for 

wax,  during  existing  state  of,  authorized    . 
See  also  Municipal  finance, 
armories  in,  erection  of,  investigation  by  armory  commission 
relative  to  ......        Resolve 

assembly,  places  of,  protection  of  life  and  limb  in,  relative  to   . 

assessors  (see  Assessors  of  taxes). 

assured   minimum,   phrase,   further  defined  under  law  pro- 
viding for  pasTnents  from  Massachusetts  school  fund,  so 
called,  to    .  .  .  .  . 

ballot  boxes,  furnishing  of,  to,  relative  to      . 
books,  etc.,  price  limitations  on,  under  Fair  Trade  Law,  so 
called,  exempted  from  .  .  .  .  . 

borrowing  of  money  by,  defense  public  works  projects,  so 
called,  etc.,  co-operation  with  federal  government  in,  for, 
authorized  ........ 

extended  school  services  for  children  of  employed  mothers, 
for,  outside  debt  limit  ...... 

public  welfare,  soldiers'  benefits,  federal  unemployment  relief 
projects  and  distribution  of  surplus  commodities,  on  ac- 
count of      .  .  .  .  .  .  . 

revenue,  in  anticipation  of,  renewal  of  certain  temporary 
loans  ......... 

tax  titles,  based  upon      .  .  .  .  . 

war,  during  existing  state  of,  outside  debt  limit,  authorized 
See  also  Municipal  finance, 
buildings,  inspection,  materials,  construction,  alteration,  etc., 
of,  ordinances  and  by-laws  relating  to,  providing  by 

protection  of  life  and  limb  in,  relative  to. 

children,  dependent,  aid  to,  state  reimbursement  on  account  of 

civil  service  laws,  application  to  (see  Civil  service  laws). 

clerks  of  (see  City  and  town  clerks). 

collectors  of  taxes  (see  Collectors  of  taxes). 

dogs  and  kennels,  licensing  of  (see  Dogs). 

election  commissioners,  etc.,  having  powers  and  duties  of  regis- 
trars of  voters,  duties  of,  in  securing  of  certain  informa- 
tion relative  to  persons  residing  at  inns  and  lodging 
houses         .       ■  . 

elections  (see  Elections). 

emergency  appropriations,  during  existing  state  of  war,  by, 
authorized        ........ 

purchase  of  war  bonds,  etc.,  for,  by,  further  regulated 

Emergency  Relief  Appropriation  Act  of  1935,  Federal,  secur- 
ing of  benefits  of,  by,  extension  of  provisions  of  certain 
enabling  acts  relative  to        .....  . 

employees  of  (see  Municipal  officers  and  employees). 

English  speaking  classes  for  adults,  state  reimbursement,  ap- 
propriation ........ 

entertainment,  public,  appropriations  for,  by,  further  regu- 
lated ......... 

extended  school  services,  children  of  employed  mothers,  for, 
providing  of,  by  .  .      '    . 

federal  grants  to,  for  public  works,  etc.  (See  Federal  emer- 
gency laws) . 

federal  wildlife  refuges  situated  in,  revenue  from,  payment  of, 
to 


513 


99 
177 
287 

225 
75 


58 
/544 
\546 


14 
240 

40 

58 
493 

44 


Item  or 
Section. 


1907-05  to 
1907-10 

1907-05  to 
1907-10 
1907-05 


320 


76 
5 


58 


1,2 
1-3 


1-6 


2 
1-6 


1-6 


1-4 


60 

413 

1.2 

75 

1-5 

544 

2 

546 

2 

544 

2 

546 

1-6 

491 

1-6 
1,  6 


370 

1301-65 

177 

1.2 

493 

1-6 

463 


Index.  1015 

Item  or 
Chap.  Section. 

CITIES    AND    TOWNS  —  Continued. 
in  general  —  Continued. 

finances  of  (see  Municipal  finance). 

fire  departments  of  (see  Fire  departments). 

fireworks,  public  displays  of,  by,  permits  for  .  .  .     291  2 

forest  wardens  of,  killed,  etc.,  in  performance  of  duty,  pay- 
ment of  annuities  to  dependents  of,  relative  to  .  .     366 

functions  and  activities  of,  co-related  to  functions  and  activi- 
ties of  federal,  state,  county  and  district  governments, 
investigation  relative  to,  continued         .  .        Resolve       59 

funds  allocated  for  civilian  defense,  expenditures  of,  by,  with- 
out appropriation,  relative  to         .....         5  3 

health,  boards  of  (see  Health,  local  boards  of). 

Highway  Fund,  portion  of,  payment  by  commonwealth  to      .     569  1-3 

highway  purposes,  expenditure  for,  of  certain  sums  received 

from  commonwealth    .......     569  1-3 

housing  authorities  in,  payments  in  lieu  of  taxes  on  property 

held  by,  limitation  on  amount  of,  removed     .  .     148 

income  taxes,  distribution  to        .....  .     285  4 

indebtedness  of  (see  Municipal  finance). 

indigent  persons  (see,  infra,  poor  persons). 

institutions  of,  transfer  to  and  from,  and  maintenance  therein 
of  patients  or  inmates  of  certain  state  institutions,  tempo- 
rarily providing  for       .......     422  1,  2 

juvenile  offenders  committed  to  county  training  schools,  sup- 
port of,  reimbursement  of  counties  for,  by        .  .  .82 

licenses  and  permits  (see  Licenses  and  permits). 

licensing  authorities  of,  reports  of,  filing  with  alcoholic  bever- 
ages control  commission        .  .  .  .  .  .     542  2 

lighting  plants,  municipal,  exemption  of,  from  law  providing 

for  establishment  of  forest  cutting  practices   .  .  .     639  Subs.  44 

liquors,  alcoholic,  manufacture,  sale,  etc.,  of,  in  (see  Alcoholic 
beverages). 

loans  by  (see,  supra,  borrowing  of  money  by). 

medical,  hospital  and  other  services  rendered  on  account  of 

dependent  children  and  their  parents,  payment  for,  by     .       97 

metropolitan  districts,  in  (see  Metropolitan  districts). 

metropolitan  water  district,  furnishing  of  water  from  distribut-  f  543  1-3 

ing  reservoirs  of,  to  certain  additional    .  .  .  .  \  567  3 

military  aid,  borrowing  of  money  on  account  of     .  .44  1—4 

state  reimbursement,  appropriations  ....     370  |  0441-11 

monuments  or  memorials  commemorating  services  and  sacri- 
fices of  persons  in  military  or  naval  forces  of  United 
States  in  present  war,  appropriations  for,  by   .  .      _    .       99 

mothers'  aid,  so  called,  absence  from  commonwealth  by  recip- 
ients of,  continuance  of  such  aid  in  cases  of ,  by  .  .117 
borrowing  of  money  on  account  of,  by       .          .          .  .       44  1-4 

medical,  hospital  and  other  services  rendered  on  account  of, 
payment  for,  by  .......       97 

state  reimbursement  on  account  of   .  .  .  .491 

motor  bus  service  in,  contributions  toward  cost  of,  tempo- 
rarily authorized  .......     157 

National  Industrial  Recovery  Act,  securing  of  benefits  of,  and 
acts  in  amendment  thereof,  and  in  addition  thereto,  by, 
extension  of  provisions  of  certain  enabling  acts  relative  to       58 

needy  persons  (see,  infra,  poor  persons). 

nomination  for  city  and  town  offices  (see  Elections). 

notes,  issuance  by  (see  Municipal  finance,  loans). 

officers  of  (see  Municipal  officers  and  employees;  and  specific 
titles  of  officers). 

oldagea^sistance,  so  called,  by,  borrowing  of  money  on  account  of      44  1-4 

....  -  (489  2 

relative  to      .  .  .  .  .  .  .         .  <  ^qq 

state  reimbursement        .......     572  |        page  800 

ordinances,  etc.,  adopted  by,  unattested  printed  copies  of,  use 

in  evidence  ........     190  1,  2 

See  also  Ordinances  and  by-laws, 
pensions  (see  Retirement  systems  and  pensions), 
permits  (see  Licenses  and  permits), 
personal  property,  certain,  owned  by,  sale,  exchange  or  loan 

of,  to  United  States  during  existing  emergency,  authorized     214 


1016 


Index. 


Chap. 


Item  or 

Section. 


CITIES    AND    TOWNS  —  Co7itinued. 
in  general  —  Continued. 

police  of  (see  Police  officers). 

political  committees  of  (see  Elections,  political  committees). 

poor  persons,  relief  furnished  to,  in  private  hospitals,  municipal 
liability  for,  established         ...... 

sick,  care  and  support  of,  by,  state  reimbursement  for,  rela- 
tive to         ........  . 

primaries  (see  Elections). 

public  assistance  by,  period  of  liability  of  commonwealth  for, 
in  connection  with  notices  of,  made  uniform   . 

public  entertainment,  appropriations  for,  by,  further  regu- 
lated .  .  .  .  .  .  .  .      _    . 

public  welfare  and  soldiers'  benefits,  surplus  interest  accruing 
under  provisions  of  law  authorizing  borrowing  from  com- 
monwealth on  account  of,  by,  transfer  to  general  fund 
authorized  ....... 

public  welfare,  boards  of  (see  Public  welfare,  local  boards  of), 
relief  by,  borrowing  on  account  of     . 

public  works  for,  federal  grants  for  (see  Federal  emergency 
laws). 

ragweed,  suppression  and  eradication  of,  appropriations  for, 
authorized  ........ 

registrars  of  voters  (see  Registrars  of  voters) . 

reimbursement  by  commonwealth  (see,  infra,  state  aid  and 
reimbursement) . 

retirement  systems  (see  Retirement  systems  and  pensions). 

revenue  loans,  temporary,  renewal  of  certain 

road  and  snow  removal  equipment,  certain,  use  of,  by,  etc., 
during  existing  state  of  war  ...... 

rules  and  regulations  issued  by  authority  of,  unattested  printed 
copies  of,  use  in  evidence        ...... 

schools,  school  committees,  etc.  (see  Schools,  pubUc). 

snow  and  ice,  removal  from  private  ways  open  to  public  use, 
appropriations  for,  by  .  .  .  .  . 

snow  removal  equipment,  etc.,  use  of,  by,  during  existing  state 
of  war         .  .  . 

soldiers'  benefits,  borrowing  on  account  of,  by        .  .  . 

state  aid  and  reimbursement: 


aid  and  relief,  certain,  appropriations 


mothers  with  dependent  children,  aid  to    . 

medical  hospital  and  other  services  rendered  on  account  of 

old  age  assistance,  so  called      ...... 

appropriation      .  .       '  . 

pensions  paid  to  school  teachers,  appropriation  . 

poor  persons,  sick,  care  and  treatment  of  certain,  in  private 
hospitals       .  .  .  .  .  _        . 

public  assistance  to,  period  of  liability  of  common- 
wealth for,  in  connection  with  notices  of,  made 
uniform         ........ 

schools,  public,  for  (see  Schools,  public). 

state  and  military  aid,  appropriations        .... 

taxes,  loss  of  certain,  appropriation  .  .  .  .  . 

loss  of,  on  land  owned  by  commonwealth  or  political 

subdivisions     thereof,     further     investigation     as 

to    ......  .       Resolve 

appropriation         ...... 

ways,  public,  in  small  towns,  repair,  etc.,  of,  furnishing  of, 
in  years  1944  and  1945,  relative  to  .  .  . 

state  aid  by,  borrowing  of  money  on  account  of. 

state  and  military  aid,  soldiers'  relief,  etc.,  residents  of  com- 
monwealth in  military  or  naval  service  of  United  States 
or  honorably  discharged  therefrom,  for,  and  their  depend 
ents,  further  provisions  for,  by      . 

state  tax  (see,  infra,  tax,  state). 


481 
275 
476 

1,  2 

275 

1.2 

177 

1.  2 

347 

44 

1-4 

287 


1-3 


60 

474 

1.  2 

190 

1,2 

225 

474 

1,2 

44 

1-4 

68/ 

1907-05  to 

1907-10 

370  1 

1907-06  to 
1907-10 

513 

1907-05 

491 

97 

/489 

2 

\490 

572/ 

1907-04, 
Page  800 

370 

1305-04 

476 

275 

370/ 
370 

64 
572/ 

442 
44 


211 


1,2 

0441-01, 
0441-11 
1201-06 


0228, 
Page  799 


1-4 


1.2 


Index. 


1017 


CITIES    AND    TOWNS  —  Continued. 
in  general  —  Concluded. 

surplus  commodities,  distribution  of,  borrowing  on  account  of, 
by 

taxation,  local  (see  Taxation). 

taxes,  collectors  of  (see  City  and  town  collectors;  Collectors 
of  taxes). 

tax,  county,  upon       .... 

basis  of  apportionment  established 

state,  upon     ..... 

basis  of  apportionment  established 

tax  titles,  borrowing  of  money  based  upon 

lands  subject  to,  taking  of,  for  non-payment  of  taxes  when 
assessment  unit  is  changed,  relative  to 

teachers,  school  (see  Schools,  public). 

transportation  by  motor  bus  in,  contributions  toward  cost  of, 
temporarily  authorized  ..... 

treasurers  of  (see  City  and  town  treasurers). 

trustee  process,  requirement  of  filing  bond  by  plaintiff  in 
exempted  from    ....... 

tuberculosis  hospitals,  county,  charges  for  admissions  to,  and 
support  of  patients  therein,  payment  by,  relative  to 

unemployment  relief,  federal  projects  for,  borrowing  of  money 
on  account  of,  by  .  .  . 

United  States,  contracts  with,  by,  for  use  and  occupation  of 

certain  municipal  property,  authorized 

defense  savings  bonds,  war  bonds,  etc.,  investments  in,  by, 

authorized  .... 

sale,  loan,  etc.,  to,  by,  of  certain  publicly  owned  personal 
property     ..... 

vacations  for  certain  employees  of,  payments  in  lieu  of,  in 
certain  cases        ....... 

vocational  education  provided  by,  etc.,  scope  of,  extended 

voting  lists,  state  wide  verification  of,  relative  to  . 

war  or  national  emergency,  during  existence  of,  incurring  of 
debt,  outside  debt  limit  by,  authorized 

water  commissioners,  police  officers,  etc.,  of,  authorized  to 
enter  premises  within  water  shed  of  certain  sources  of 
water  supply       .... 

water  supply,  emergency  sources  of,  further  provisions  for 
taking  of,  by        . 
municipal  water  departments,  water  companies,  etc.,  author- 
ized to  aid  similar  departments,  etc.,  relative  to 

ways,  private,  removal  of  snow  and  ice  from,  appropriations 
for,  by         .....  . 

See  also,  supra,  highway  purposes;   Ways. 

welfare  aid  by  (see,  supra,  public  welfare). 
cities,  aldermen  (see  Aldermen). 

budgets,  in  cities  other  than  Boston,  clarification  of  law  rela- 
tive to         ........  . 

election  officers  in,  appointment  of        ....  . 

mayors  (see  Mayors). 

ordinances,  adopted  by,  unattested  printed  copies  of,  use  in 
evidence     ......... 

See  also  Ordinances  and  by-laws. 

preliminary  elections  in,  filing  of  certain  nomination  state- 
ments, petitions,  etc.,  by  candidates  to  be  voted  for  at, 
time  for,  and  relative  to  certification  of  names  of  signers 
of  such  petitions,  etc.  .  .  .  . 

securities  of,  investments  by  savings  banks  in,  further  regu- 
lated ......... 

voters,  registration  of,  prior  to  preliminary  elections  in  certain 

ward  committees  (see  Elections,  political  committees). 
towns,    animals,   inspection    of,    state    reimbursement,    appro- 
priations ......... 

by-laws,  adopted  by,  unattested  printed  copies  of,  use  in  evi- 
dence ......... 

See  also  Ordinances  and  by-laws, 
child  welfare    services   employees,  certain,  in,  placed  under 
civil  service  ........ 

forest  fires,  expenses,  certain,  in,  state  reimbursement,  appro- 
priations    ......... 


Chap. 


44 


188 


157 


62 
230 


190 


229 


Item  or 
Section. 


1-4 


465 

1-3 

294 

568 

1-12 

294 

413 

1,  2 

17 

1.2 

500 

1-3 

44 

1-4 

5 

4 

5 

1.5 

214 
280 
499 
540 
537 

1-4 

75 

1-5 

84 

475 

1-2 

125 

225 

1.2 


1-3 


215 
/109 
1453 

1 

1.  2 

22 

/    68 
\370 

0907-08 
0907-08 

190 

1,2 

246 
/370 
1513 

1.2 
1002-16 
1002-16 

1018  Index. 


Item  or 
Chap.  Section. 

CITIES   AND   TOVfNS  —  Continued. 
towns  —  Concluded. 

forest  fires  —  Concluded. 

extinguishing  of,  equipment  for,  etc,  state  aid  in  purchasing  i  „»?  1002-1 1 

expenses,  certain,  in,  state  reimbursement,  appropriation     370  1002-16 

moderators  of  (see  Moderators), 
officers  of  (see  Municipal  officers  and  employees), 
representative  town  meeting  government,  standard  form  of,  1 

candidates  for  election  as  town  meeting  members  under,  I      1  1,  2 

use  on  ballots  of  words  "  candidate  for  re-election  "  against  (453  4 

names  of  certain,  etc.  .  .  .  .  .  .  .  J 

retirement  systems,  county,  in  which  employees  of  towns  hav- 
ing less  than  ten  thousand  population  are  members, 
method  of  computing  payments  to,  by  such  towns,  rela- 
tive to 236  1,2 

selectmen  (see  Selectmen). 

town  committees  (see  Elections,  political  committees). 

vocational  education  of  inhabitants  of  small  towns,  providing 

opportunities  for  .......     540 

ways,  public,  in  small  towns,  repair  and  improvement  of,  con- 
tributions required  to  make   available  state   aid  for, 
relative  to        .......  .     158 

furnishing  of  state  aid  for,  in  years  1944  and  1945,  rela- 
tive to 442 

special  provisions  relative  to  particular  cities: 

Beverly,  aldermen,   board  of,  compensation  of  members  of, 

authorized .  .198  1,2 

biennial  municipal  elections  in,  holding  of,  in  odd-nimabered 
years  ......... 

park,  public,  acquisition  of  certain  property  for,  by    . 
Boston,  airport  at  East  Boston,  cost  of  operation  of,  appro- 
priations .  .  .  .  .  . 

improvement,  development,  etc.,  of,  and  designated  as 
General  Edward  Lawrence  Logan  Airport   . 
Americanization  department,  offices  and  positions  of,  sub- 
jected to  civil  service  ....... 

assessments,  sidewalk,  in,  relative  to  .  . 

auditor,  payment  of  certain  unpaid  bills,  duties  as  to   . 
automotive  equipment  and  volatile  and  inflammable  fluids, 

storage  of,  on  certain  school  premises  in,  authorized 
bills,  unpaid,  certain,  payment  by     .  .  .  .  . 

borrowing  of  money  by,  emergency  appropriations  during 

existing  state  of  war,  on  account  of,  loan  orders  for       .       76 
public  welfare,  soldiers'  benefits,  federal  emergency  un- 
employment relief  projects  and  distribution  of  surplus 
commodities,  on  account  of,  loan  orders  for  .  .       44 

Boston  Consolidated  Gas  Company,  lease  to,  of    certain 
property  of  Dedham  and  Hyde  Park  Gas  and  Electric 
Light  Company  to  be  acquired  by,  extension  of  time  for  .     163 
building  commissioner,  laws,  certain  provisions  of,  relating 

to  buildings  in  Boston,  enforcement  by,  discontinued 
building   department,    inspectors   of,    certain    powers    and 
duties  of,  abolished       ....... 

buildings  in,  construction,  alteration,  repair,  use,  occupancy, 
etc.,  of,  certain  provisions  of  law  governing,  made  appli- 
cable to  . 
fire  escape,  means  of,  in,  and  certain  related  matters,  in- 
vestigation relative  to  .  .  .        Resolve 

appropriation        ....... 

buildings,  public,  department,  inclusion  in,  of  market  de- 
partment   .........       78  1-4 

Charlesbank  in,  certain  park  land  known  as,  transferred  by 
park  department  to  trustees  under  will  of  George  Robert 
White,  time  for  completing  certain  improvements  on,  ex- 
tended           .  .     200 

city  council,  sidewalk  assessments,  powers  and  duties  rela- 
tive to 203  1,  4 

vote  required  for  passage  of  certain  orders  by,  and  num- 
ber of  members  thereof  necessary  to  proceed  with 
drawing  of  jurors  during  present  war,  relative  to  .  .     289  1-3 


112 

1-6 

429 

1.2 

68 

3132-14 

370 

3132-14 

613 

3132-14 

628 

1-8 

567 

1 

380 

203 

1-4 

271 

1-3 

351 

1.2 

271 

1-3 

544 

6,6 

644 

3,  7B 

644 

3.4 

67 
572  1 

0261, 
Page  800 

Index. 


1019 


Chap. 


Item  or 
Section. 


CITIES    AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Continued. 
Boston  —  Continued. 

civilian  defense,  etc.,  borrowing  of  money  on  account  of,  loan 
orders  for   ......... 

court  house,  Suffolk  county,  in,  maintenance  cost,  reimburse- 
ment of  said  city  for  certain  portion  of,  appropriations 
Dedham  and  Hyde  Park  Gas  and  Electric  Light  Company, 
certain  property  of,  acquisition  by,  and  lease  thereof  to 
Boston  Consolidated  Gas  Company,  extension  of  time  for 
Dorchester  district  of,  Malibu  beach  in,  sanding  of 

appropriation  ........ 

East  Boston  airport,  cost  of  operation  of,  appropriations     . 

improvement,  development,  etc.,  of,  and  designated  as 
General  Edward  Lawrence  Logan  Airport  . 
East  Boston,  armory  in,  erection  of,  investigation  by  armory 
commission  relative  to  ....        Resolve 

election    commissioners,    information    relative    to    persons 

residing  at  inns  and  lodging  houses,  securing  of  certain, 

duties  as  to      . 

polling  places,  new,  descriptions  of,  posting  or  mailing  by 

electrical   applicances  and   wires  in,   removing  or  placing 

underground  of  certain,  law  providing  for,  suspended 
emergency    appropriations    during   existing   state    of   war, 

borrowing  of  money  on  account  of,  loan  orders  for   . 
emergency  compensation  allotment  plan,  so  called,  act  en- 
abling participation  in  benefits  of,  by  certain  officials  and 
employees  of  said  city  ...... 

employees,  etc.,  certain,  of,  emergency  compensation  allot- 
ment plan,  so  called,  participation  in  benefits  of,  by,  etc.  . 
federal  emergency  unemployment  relief  projects,  borrow- 
ing of  money  on  account  of,  loan  orders  for 
fire  commissioner,  fires  in  open  air,  permits  for,  powers  and 
duties  as  to      . 
storage  of  automotive  equipment  and  volatile  and  inflam- 
mable fluids  on  school  premises  in  connection  with  "shop 
courses",  so  called,  permits  for,  powers  and  duties  as  to 
wires  and  electrical  appliances,  certain,  removing  or  plac- 
ing underground  of,  duties  as  to,  suspended 
firemen  in,  accidental  disability  allowances  for,  under  Boston 

retirement  act,  so  called,  relative  to        .  .  . 

fires  in  open  air  in,  more  effective  regulation  of 
health  department,  certain  positions  in,  placed  under  civil 
service         ........ 

Hyde  Park  district  of,  Neponset  river,  banks  of,  in,  con- 
struction of  fence  along  portions  of,  etc.    . 

appropriation  ....... 

jurors,  drawing  of,  number  of  members  of  city  council  nec- 
essary to  proceed  with,  etc.,  during  present  war,  rela- 
tive to     . 

lands,  certain,  in,  ceding  to  United  States  of  jurisdiction 

over,  for  purpose  of  coast  guard  base  . 

ceding  to  United  States  of  jurisdiction  over,  for  purposes 

of  extending  Boston  Navy  Yard 
ceding  to  United  States  of  jurisdiction  over,  to  facilitate 
war  effort  of  United  States  Navy 
loan  orders,  emergency  appropriations  during  existing  state 
of  war,  on  account  of,  method  of  passage 
public    welfare,   soldiers'    benefits,   etc.,   on   account   of 
method  of  passage    ...... 

Malibu  beach,  so  called,  in  Dorchester  district  of,  sanding  of 

appropriation  ....... 

market  department,  inclusion  of,  in  public  buildings  depart- 
ment ........ 

Mattapan  district  of,  Neponset  river,  banks  of,  in,  construe 
tion  of  fence  along  portions  of,  etc. 

appropriation  ....... 


75 

8 

/370 
1513 

0318-01 

Page  666 

163 

446 

572  1 

8602-32, 
Page  798 

f    68 

3132-14 

■  370 

3132-14 

513 

3132-14 

/528 

1-8 

1567 

1 

58 

320 
209 

26 

75 

616 

616 

44 

355 

361 

26 

204 
355 

326 

466 
572  j 

289 

458 

457 

477 

75 

44 
446 

572  I 

78 

466 
572  [ 


3 

2 

1,  2 
3 

1-3 

1-3 

3 

1-3 

1,  2 

1.  2 

1-3 
1-3 


1,  2 

8602-33, 
Page  798 


1-3 

1-6 

1-3 

1-3 

3 

3 

8602-32, 
Page  798 

1-4 

1.2 
8602-33, 
Page  798 


1020  Index. 

Item  or 
Chap.  Section. 

CITIES    AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Continued. 
Boston  —  Contimied. 

mayor,  board  of  recreation,  four  members  of,  appointment 

by 451  1 

buildings,  certain,  use  and  occupancy  of,  licensing  of,  by, 

discontinued    .  .  .       ■  .  .  .     544  3,  4 

emergency  compensation  allotment,  payment  of,  to  cer- 
tain officials  and  employees  of  said  city  and  of  county  of 
Suffolk,  powers  as  to  .  .  .  .  .     516  2 

post-war  highway  commission,  so  called,  to  be  or  to  desig- 
nate member  of         ....  .        Resolve       46 

real  estate   commissioners,   board   of,   establishment  of, 

powers  and  duties  as  to     .  .  .  .  .     434  1-8 

sidewalk  assessments,  powers  as  to  .  .  .     203  1,  4 

municipal  court  (see  District  courts), 
municipal   employment   bureau,    offices   and    positions   of, 

subjected  to  civil  service  laws        .....     231  1, 2 

Neponset  river,  banks  of,  in,  construction  of  fence  along 

portions  of,  etc.     .......     466  1,2 

-79  f         8602-33. 
appropriation 672  |        p^^^  ^gg 

Nutter's  System,  Inc.,  payment  of  certain  sum  of  money  to, 

by 271  1-3 

officials  and  employees,  certain,  of,  emergency  compensa- 
tion allotment  plan,  so  called,  participation  in  benefits  of, 
by,  etc .     516  1-3 

overhead  wires  and  electrical  appliances  in,  removing  or 
placing  underground  of  certain,  law  providing  for,  sus- 
pended .  .  .  .  .  .26  1,2 

park  commissioners,  board  of,  chairman  of,  to  be  member 

of  board  of  recreation  in        .  .  .  .  .  451  1 

park  department,  temporary  transfer  by,  of  certain  park 
land  to  trustees  under  will  of  George  Robert  White,  act 
authorizing,  extended  .......     200 

pay  rolls,  etc.,  of  persons  in  employment  of,  contents  of, 
relative  to  .  .  .  .  .  .  •       _  • 

planning  board,  chairman  of,  board  of  real  estate  commis- 
sioners, to  be  member  of,  etc.         .  .  .    _      . 

police  commissioner  for,  dog  laws,  powers  and  duties  under, 
further  regulated      .  .  .  .  . 

one  day  off  in  every  six  days  for  police  officers  of  said 
city,  powers  and  duties  as  to      . 

police  officers  in,  accidental  disability  allowances  for,  under 
Boston  retirement  act,  so  called,  relative  to 
one  day  off  in  every  six  days  for    ..... 

Port  Authoritj',  Boston,  reimbursement  by  commonwealth 
of  portion  of  cost  of,  appropriation  .... 

public  buildings  department,  inclusion  in,  of  market  de- 
partment   ......... 

Public  Library  of  the  City  of  Boston,  Trustees  of  the, 
petition  in  equity  by,  to  authorize  investment  and  ap- 
propriation of  funds  and  property  held  by  said  trustees, 
act  authorizing    .  .  .  .  .  .     218 

public  welfare  and  soldiers'  benefits,  borrowing  of  money 

on  account  of,  loan  orders  for  ...  .44  3 

public  welfare  department,  payment  of  certain  bills  incurred 

by      . .271  1-3 

public  works  department,  powers  and  duties  with  respect  to 
acquisition  by  city  of  certain  property  of  Dedham  and 
Hyde  Park  Gas  and  Electric  Light  Company  and  lease 
thereof  to  Boston  Consolidated  Gas  Company,  as  affecting     163 

rapid  transit  system  in,  extension  from  South  station  to 
Readville  district,  investigation  relative  to,  con- 
tinued ......        Resolve       35 

appropriation 572  |         p^^^  ^g^ 

Readville  district  of,  extension  of  rapid  transit  system 
from  South  station  to,  investigation  as  to,  con- 
tinued ......        Resolve       35 

appropriation 572  |         p^^^^  ^gg 

real  estate  commissioners,  board  of,  establishment  in,  etc.    .     434  1-8 


161 

1.2 

434 

1-8 

111 

2-4 

274 

1.2 

204 
274 

1-3 

1,2 

370 

3134-01 

78 

1-4 

Ind;bx.  1021 


Item  or 
Chap.  Section. 

CITIES    AND    TOVrNS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Continued. 
Boston  —  Concluded. 

recreation,  board  of,  establishment  in,  etc.  .  .  .     451  1-9 

retirement  system,  policemen  and  firemen,  accidental  dis- 
ability allowances  for,  under,  relative  to  .  .  .     204  1-3 
school  committee,   board  of  recreation,   two  members  of, 

appointment  by        ......  .     451  1 

storage  of  automotive  equipment  and  volatile  and  in- 
flammable fluids  on  school  premises  in  connection  with 
"shop  courses",  so  called,  permits  for,  issuance  to     .     351  1,  2 

undernourished  pupils,  certain,  free  lunches  for,  providing 
by,  authorized  .......     256 

"shop  courses",  so  called,  in  certain  schools  in,  storage  of 
automotive    equipment    and    volatile    and    inflammable 
fluids  in  connection  with,  authorized      ....     351  1,  2 

sidewalk  assessments  in,  relative  to  .  .  .  .  .     203  1—4 

South  station  in,  extension  of  rapid  transit  facilities  to 
Readville  district  from,  investigation  relative  to, 
continued     ......        Resolve       35 

appropriation 572  |        Page^T^Qg 

steamboat  service  between,  and  town  of  Hull,  contributions  f  501  1,  2 

by  said  town  toward  cost  of,  authorized  .  .  .  \  536  1, 2 

street  commissioners,  board  of,  sidewalk  assessments,  powers 

and  duties  relative  to  .  .  .  .  .  .  .     203  1-3 

Suffolk  county  court  house,  maintenance  cost,  reimburse-  f  370  0318-01 

ment  of  city  for  certain  portion  of,  appropriations  .  .  \  513  Page  666 

Sumner  tunnel  in,  operation  and  maintenance  of,  reimburse- 
ment in  part  of  said  city  by  commonwealth  for  ex- 
penses incurred  for         ....        Resolve       25 

appropriation 572  |        pl^^jgj 

surplus  commodities,  distribution  of,  borrowing  of  money 

on  account  of,  loan  orders  for         .....       44  3 

transportation  facilities,  metropolitan  Boston  area,  in  and 
around,  co-ordination  of,  investigation  relative  to, 
continued     ......        Resolve       35 

appropriation 572  {        pagfygg 

treasurer  of.  Public  Library  of  the  City  of  Boston,  Trustees 
of  the,  investment  and  appropriations  of  funds  and 
property  held  by,  duties  as  to    .  .  .  .  .     218 

real  estate   commissioners,   board   of,   establishment   of, 

powers  and  duties  as  to     .  .  .  .  .  .     434  1-8 

undernourished  pupils,  certain,  school  committee  authorized 
to  provide  free  lunches  for    ......     256 

White,  George  Robert,  will  of,  park  land,  certain,  trans- 
ferred by  park  department  to  trustees  under,  time  for 
completing  improvements  on,  extended  .  .     200 

wires    and   electrical    appliances   in,    removing   or   placing 
underground  of  certain,  law  providing  for,  suspended 
Brockton,   abandoned  school  property,   certain,  in,   mainte- 
nance as  service  center  by  said  city        .... 

lines,  poles,  etb.,  of  New  England  Telephone  and  Telegraph 
Company,  American  Telephone  and  Telegraph  Company 
and  Brockton  Edison  Company  in,  locations,  etc.,  vali- 
dated ......... 

Cambridge,  appropriations  for  school  purposes 

labor  service  of,  certain  former  employees  given  preference 

for  re-employment  in  . 
unpaid   bills,   payment  of,  from   appropriations  of  school 
committee,  authorized  ...... 

Chelsea,  lands,  certain,  in,  ceding  to  United  States  of  jurisdic- 
tion over,  for  use  as  annex  to  Boston  Navy  Yard 
Chicopee,   armory  in,  erection  of,  investigation  by  armory 
commission  relative  to  ....        Resolve 

biennial  municipal  elections  in,  holding  of,  in  odd-numbered 
years  ......... 

commissioner  of  soldiers'  relief  and  state  and  military  aid 
and  supervisor  of  soldiers'  and  sailors'  graves,  offices  sub- 
jected to  civil  service  laws     ...... 

land,  certain,  held  for  park  and  playground  purposes,  sale  by 


26 

1.2 

195 

1,2 

11 

277 

1,2 
1,2 

264 

354 

1-4 

456 

1-4 

58 

25 

1-9 

304 
418 

1,2 

1022  Index. 


Item  or 
Chap.  Section. 


CITIES    AND    TOWNS  —  Conlinued. 

special  provisions  relative  to  particular  cities  —  Continued. 

Everett,   school   committee,  terms  of  office  of  members  of, 

further  regulated  .......     525  1, 2 

Fall  River,  tax  revenues,  certain,  apportionment  of,  by,  to 
towns  of  Westport  and  Dartmouth,  paj'ments  in  lieu 
of  taxes  on  land  owned  by  said  city  in  town  of  Westport, 
etc.,  investigation  relative  to      .  .  .       Resolve       64 

appropriation 572  |        p^^^  ^g^ 

Fitchburg,  appropriations  by  city  council  for  certain  unpaid 

bills  and  payment  of  said  bills  by  city    .  .  .  .156  1-4 

boundary  line  between,  and  city  of  Leominster,  and  certain 
matters  incidental  to  exchanges  of  territory  between  said 
cities,  relative  to  .......     415  1-4 

lines,  poles,  etc.,  of  Fitchburg  Gas  and  Electric  Company, 
New  England  Telephone  and  Telegraph  Company  and 
American  Telephone  and  Telegraph  Company  in,  loca- 
tions, etc.,  validated   .  .  .  .  .  .     300  1,  2 

Gardner,  armory  in,  erection  of,  investigation  by  armory  com- 
mission relative  to        .  .  .  .  .        Resolve       58 

Gloucester,  fish  pier  in,  certain  work  at,  providing  for     .  .     393  1,  2 

appropriation 572  {        Page"79d 

mayor,  salary  of,  increased       ......     135  1,  2 

public  landing,  certain,  in,  use  as  public  way      .  .  .       34 

Haverhill,  biennial  municipal  elections  in,  holding  of,  in  odd- 
numbered  years  .  .  .  .  .  .  .  .      139  1-4 

funds,  certain,  investment  in  bonds  of  United  States  govern- 
ment by,  authorized     .......       59 

Merrimack  river,  bridge  without  a  draw  across,  in,  construc- 
tion of 32  1,2 

preliminary  elections  in,  polling  hours  at  .  .  .     138 

Holyoke,  Jubin\'ille,  Zenaide,  granting  of  package  store  li- 
cense to,  by  .  .  .  .  .  .  .  178  1,  2 

unpaid    bills,    appropriations    for,    and    payment    thereof, 

authorized  ........     486  1-4 

Lawrence,  Boyle,  Patrick  J.,  made  eligible  to  become  member 

of  retirement  system  of,  etc.  .  .  .  .     206  1,  2 

Linehan,   Richard   A.,   temporary  reinstatement  in  water 

department  of,  for  retirement  purposes  ....     283  1,  2 

Leominster,  boundary  line  between,  and  city  of  Fitchburg,  and 
certain  matters  incidental  to  exchanges  of  territory  be- 
tween said  cities,  relative  to  ....  . 

mayor,  salary  of,  increased       ...... 

Lowell,  candidates  for  elective  municipal  offices  in,  filing  of 
certain  statements  and  petitions  by         ...  . 

city  auditor,  office  of,  and  present  incumbent  thereof,  rela- 
tive to         .  .  .  .  .  -  .  .  _        ■ 

conveyance  to,  of  certain  interests  in  land  taken  by  eminent 
domain  by  state  department  of  public  works,  authorized 

laborers,  foremen,  mechanics,  craftsmen  and  chauffeurs  in 
employ  of,  pensioning  of        .  .  .    _      .  .     _     . 

mayor,  office  of,  and  administration  of  affairs  of  said  city, 
relative  to  .  .  .  ..  . 

officers  and  employees,  certain,  of,  temporary  increases  in 
salaries  of  .        ,  . 
Lynn,  Flax  pond  in,  control  of     .  .  .  . 

mayor  and  city  councillors,  salaries  of,  established 

playground  land,  certain,  in,  sale  of  .... 

school  appropriations  in,  during  present  national  emer- 
gency, relative  to  .  .  .       _   .  .  .  .63  1,  2 

shore  protection  at,  cost  of  certain  repairs  for,  state  appro- 
priation         .370  2937-05 

Sluice  pond,  so  called,  sale  of  certain  part  of,  by,  to  Edith 

M.  Harnois  .  .  .  .  •  .67  1,  2 

ways  and  drainage,  commission  on,  in,  membership  changed     487  1,  2 

Medford,  Gavel,  Martha  A.,  payment  of  sum  of  money  to,  as 

compensation  for  damages  for  certain  land  taking  by        .     323  1,  2 

Newton,  aldermen,  board  of,  filling  of  vacancies  in,  relative 

to .182  1-3 

Northampton,  mayor,  laws  relative  to,  amended,  and  provid- 
ing for  a  unicameral  city  council  in  said  city   .  .  .     515  1-23 


415 
297 

1-4 
1.2 

352 

1.2 

371 

1.2 

503 

/243 
\560 

1,2 
1,2 

88 

1-5 

392 
71 

258 
66 

1-4 
1-6 
1,2 
1.2 

197 
324 

1-3 

1-4 

364 

1-5 

370 

2937-05 

162 

1.  2 

254 
391 
123 

1-3 
1.  2 
1.  2 

353 
449 
124 
115 
116 

1-4 
1-4 
1,  2 

Index.  1023 

Item  or 
Chap.  Section. 

CITIES    AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Concluded. 
Peabody,  city  elections,  regular,  preliminary  and  special,  in, 

polling  hours  at  .  .  .129 

lines,  poles,  etc.,  of  municipal  lighting  plant  of,  and  New 
England  Telephone  and  Telegraph  Company  and  Ameri- 
can Telephone  and  Telegraph  Company  therein,  loca- 
tions, etc.,  validated     .......     245  1,  2 

public  hospital  in,  membership  of  board  of  trustees  of,  rela- 
tive to         ........  . 

unpaid  bills,  appropriation  for,  and  payment  of,  authorized 
Pittsfield,  park  department  to  be  in  charge  of  park  commis- 
sioner, establishment  in  .....  . 

Quincy,  shore  protection  at,  cost  of  certain  repairs  for,  state 
appropriation       ........ 

Revere,  transportation  of  passengers  by  motor  vehicle  in,  cer- 
tain restrictions  on  granting  of  new  licenses  for,  suspended 
Salem,  contributory  retirement  system  of,  extended  to  em- 
ployees of  Salem  and  Beverly  water  supply  board   . 
golf  course,  public,  maintained  by,  disposition  of  receipts  from 
park  land,  certain,  in,  conveyance  by,  to  Walter  Opolski 
unpaid    bills,    appropriations    for,    and    payment    thereof, 
authorized  ........ 

Somerville,  bills,  certain,  of  year  1937,  paj'ment  by 

elections,  non-partisan  municipal,  in,  relative  to 
Springfield,  park  land,  certain,  in,  sale  or  other  disposition  of  . 
use  for  public  playground  and  recreation  center  purposes 
permanent  police  force,  certain  members  of,  credit  to,  for 

service  in  regular  police  force  of  park  department  of  said  city     184 
Taunton,  lines,  poles,  etc.,  of  municipal  lighting  plant  of,  and 
New  England  Telephone  and  Telegraph  Company  and 
American  Telephone  and  Telegraph  Company  therein, 

locations,  etc.,  validated  .  .47  1,2 

superintendent  of  streets,  term  of  office  of,  changed  522  1-3 

Woburn,   officers   and   employees   of,   salaries   and   wages   of, 

temporary  increases  of,  authorized  ....     202  1,  2 

Worcester,  charter  amended  with  respect  to  time  of  organi- 
zation of  city  government     ......       92 

public  works,  commissioner  of,  salary  of,  statutorj'  limita- 
tion on  amount  of,  removed  .....     272 

special  provisions  relative  to  particular  towns: 

Asliland,  chief  of  police,  office  placed  under  civil  service  laws  .23  1,2 

Belchertown,  reimbursement  of,  by  commonwealth  for  welfare 
assistance  granted  to  Marion  Tribe  and  Stanley  Tribe, 
Jr.  .......        Resolve       24 

— o  /         2820-08, 
appropriation o/2  |         p^ge  798 

Bernardston,  Magoon,  Arthur  R.,  payment  of  sum  of  money 

to,  by 133  1-3 

Burlington,  reimbursement  of,  by  commonwealth  for  moneys 

expended  by  said  town  for  welfare  aid  .  .  .     340  1,  2 

•   ..  r-7o  /         2820-08, 

appropriation 572  |         p,^^^  ^g^ 

Charlton,  child  welfare  services  employees,  certain,  in,  placed 

under  civil  service         .......     246  1,  2 

Chatham,  wharf,  bulkhead  and  fish  packing  house  on  certain 

property  in,  erection  by  said  town  .  .  .  .114  1-4 

Chilmark,  Menemsha  creek,  improvements  in,  state  reappro- 

priation       .........     572  Page  792 

Dana,  metropolitan  water  system  assessment  upon  former 
town  of,  payment  to  commissioners  of  Worcester  county, 
state  appropriation       .......     370  8902-24 

Danvers,  sewer  assessments  in,  rate  of  interest  on,  reduced      .      119 

Dartmouth,  tax  revenues,  certain,  received  by  city  of  Fall 
River,  apportionment  to,  and  to  town  of  Westport,  etc., 
investigation  relative  to     .  .  .  .        Resolve       04 

PageT99 
Dedham,  Doggett,  Thomas  T.,  Senior,  payment  of  sum  of 

money  to,  by       .  .  .  .  .  .  .  .96 

first  free  public  school  in  America,  three  hundredth  anni- 
versary of  establishment  of,  in,  observance  during  year 
1944  in  commemoration  of,  relative  to   .  .        Resolve       33 


1024  Index. 


Item  or 
Chap.  Section. 

CITIES   AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  towns  —  Continued. 

Dennis,  West  Dennis  Cemetery  Corporation  in,  town  author- 
ized to  receive  and  administer  the  property  of  .  .     174  1-4 

Douglas,  chief  of  police,  office  placed  under  civil  service  laws  .70  1,2 

child  welfare  services  employees,  certain,  in,  placed  under 

civil  service  ........     246  1,  2 

Dudley,  child  welfare  services  employees,  certain,  in,  placed 

under  civil  service         .......     246  1,  2 

Edgartown,  properties,  certain,  in,  acquisition  by  common- 
wealth for  public  beach  purposes,  investigation  relative 
to       .......  .        Resolve       55 

Fairhaven,  land,  certain,  in,  ceding  to  United  States  of  juris- 
diction over,  for  use  as  military  reservations  .  .  .     460  1-3 

Framingham,  Lake  Cochituate  in,  and  in  towns  of  Natick  and 

Way  land,  use  for  bathing  purposes  ....     327  1,  2 

Franklin,  funds,  certain,  received  from  sale  of  real  estate,  in- 
vestment in  bonds  of  United  States  government  by,  au- 
thorized       76  1, 2 

Gay  Head,  land,  certain,  in,  ceding  to  United  States  of  juris- 
diction over,  for  use  as  military  reservations  .  .  .     460  1-3 
Menemsha  creek,  improvement  in,  state  reappropriation     .     572           Page  792 

Gosnold,  land,  certain,  in,  ceding  to  United  States  of  jurisdic- 
tion over,  for  use  as  military  reservations        .  .  .     460  1-3 

Hanover,  water  for  town  of  Scituate,  purchase  from,  etc.         .     263  1-6 

Hingham,  land,  certain,  in,  ceding  to  United  States  of  jurisdic- 
tion over,  to  facilitate  war  efforts  of  United  States  Navy  .     477  1-3 

Hopkinton,  annual  town  meeting  and  election  in,  time  of  hold- 
ing, changed,  and  providing  for  submission  of  certain  ques- 
tions to  voters  in  said  town  .....     454  1-3 

Hull,  steamboat  service  between,  and  city  of  Boston,  contri-  f  501  1,  2 

butions  by  said  town  toward  cost  of,  authorized      .  .  \  536  1,  2 

Lexington,  board  of  public  welfare,  appointment  authorized  .6  1,  2 

tenement  house  act  for  towns,  revocation  of  acceptance  of, 

by,  voting  on,  by  said  town  .....       20 

Longmeadow,  labor  service  of  highway,  water,  park  and  sewer 

departments,  positions  in,  placed  under  civil  service  laws  .15  1,2 

Manchester,  land,  certain,  in,  ceding  to  United  States  of  juris- 
diction over,  for  use  as  military  reservations  . 

Mansfield,  chief  of  police,  office  placed  under  civil  service  laws 

Marblehead,  lobsters  and  edible  crabs,  taking  from  waters  of, 
relative  to  ........ 

Marion,  Silvershell  beach,  so  called,  use  of,  by,  relative  to 

Marshfield,  land,  certain,  in,  ceding  to  United  States  of  juris- 
diction over,  for  use  as  military  reservations  . 
transportation  service  in,  certain  action  by  said  town  in  re- 
spect to,  validated        ....... 

Milford,  sewer  assessments  in,  liens  for,  relative  to 

Millbury,  chief  of  police,  office  placed  under  civil  service  laws  . 

Millville,  financial  relief  of,  relative  tp  .... 

Natick,  Lake  Cochituate  in,  and  in  towns  of  Framingham  and 

Wayland,  use  for  bathing  purposes  ....     327  1,  2 

reimbursement    of,     by    commonwealth    for    money    ex- 
pended for  old   age   assistance  furnished  to  Bessie 
Davis  ......        Resolve       28 

.   ..  (.^o  /         2820-08, 

appropriation. 5<2  |         Page  798 

representative  town  government  by  limited  town  meetings 
in,  act  establishing,  time  for  acceptance  of,  extended       .     286 

Norfolk,  water  supply  for,  and  for  water  districts  therein,  pur- 
chase of,  from  commonwealth         .....      134  1,  2 

North  Attleborough,  lines,  poles,  etc.,  of  electric  light  depart- 
ment of,  and  New  England  Telephone  and  Telegraph 
Company  therein,  locations,  etc.,  validated     ...        10  1, 2 

Norwell,  water  supply  for,  from  town  of  Scituate,  etc.    .  .     263  1-5 

Norwood,  lines,  poles,  etc.,  of  electric  light  department  of,  and 
New  England  Telephone  and  Telegraph  Company  and 
American  Telephone  and  Telegraph  Company  therein, 
locations,  etc.,  validated        ......       48  I,  2 

Oak  Bluffs,  properties,  certain,  in,  acquisition  by  common- 
wealth for  public  beach  purposes,  investigation  relative 
to       .......  .        Resolve       55 

Orange,  municipallj'-owned  airport  in,  development  and  utili- 
zation of,  investigation  relative  to  .  .        Resolve       22 


400 
217 

1-3 
1-3 

533 
212 

1.2 

460 

1-3 

242 

150 

2 

386 

1,2 
1.2 

Index. 


1025 


Chap. 
CITIES    AND    TOWNS  —  Concluded. 

special  provisions  relative  to  particular  towns  —  Concluded. 

Oxford,  acts  and  proceedings,  certain,  of,  validated         .  .     435 

child  welfare  services  employees,  certain,  in,  placed  under 

civil  service  ........     24G 

Palmer,  Palmer  Fire  District  Number  One  of  Palmer  in,  chief 

engineer  of,  placing  of  office  under  civil  service,  authorized     399 
Three  Rivers  Fire  District  of  the  town  of  Palmer  in,  author- 
ized to  establish  system  of  water  supply  .  .  .     325 
Plymouth,  Little  Herring  pond  in,  public  access  to,  establish- 
ment of  right  of  way  for,  by  county  of  Plymouth    .  .      151 
Provincetown,   fish,   taking  of,   by  means  of  otter  trawls  in 

waters  adjacent  to,  temporarily  authorized     .  .  .     439 

Reading,  representative  town  government  by  limited  town 

meetings,  establishment  in    .  .  .  .  .  .7 

Saugus,  Old  Iron  Works  House,  so  called,  located  in,  acquisi- 
tion of,  hy  paid  town,  and  providing  for  financing 
thereof  by  town,  conjmonweaith,  etc.  .  .  .     507 

appropriation       ........     572  < 

Scituate,  land,  certain,  in,  ceding  to  United  States  of  jurisdic- 
tion over,  for  use  as  military  reservations        .  .  .     460 
water  supply,  additional,  for    ......     263 

Sharon,  Lake  Massapoag  in,  control  of  ....       73 

Southbridge,    child   welfare   services   employees,    certain,   in, 

placed  under  q'wW  service      ......     246 

Stoughton,  annual  town  meeting  and  town  election  in,  chang- 
ing time  of  holding       .......         8 

Sturbridge,  child  welfare  services  employees,  certain,  in,  placed 

under  civil  service         .......     246 

Sudbury,  Mount  Wadsworth  Cemetery  in,  town  authorized 
to  receive  and  administer  property  of,  and  validating  cer- 
tain acts  in  connection  therewith  .....     450 

Sutton,  child  welfare  services  employees,  certain,  in,  placed 

under  civil  service         .......     246 

Swampscott,  lobsters  and  edible  crabs,  taking  from  waters  of, 

relative  to  ........     533 

Tisbury,  Tashmoo  pond  in,  inclusion  of,  within  meaning  of 

term  "coastal  waters"  ......     132 

Watertown,  purchasing  department,  establishment  of,  au- 
thorized      .  .  .  .  .  .  .  .  .    .      4 

Wayland,  Lake  Cochituate  in,  and  in  towns  of  Natick  and 

Framingham,  use  for  bathing  purposes  ....     327 

Webster,  child  welfare  services  employees,  certain,  in,  placed 

under  civil  service         .......     246 

Westport,  property,  in,  owned  by  city  of  Fall  Fiver,  payments 
to  said  town  in  lieu  of  taxes  on,  and  apportionment  of 
certain  tax  revenues  to  said  town  and  to  town  of  Dart- 
mouth, investigation  relative  to  .  .        Resolve 

appropriation       ........ 

Weymouth,  hospital  for  inhabitants  of,  establishment,  etc. 
town  meeting  members  in,  number  established,  and  nomina- 
tion of  candidates  for  re-election  as  such  members,  further 
regulated    .  .  .  . 

Winthrop,  public  works,  board  of,  establishment  in,  author- 
ized, etc.     .     _      . 
Citizenship,  persons  claiming,  registration  of,  as  voters  . 
CITY   AND    TOWN   CLERKS: 

in  general,   absent  voting  by  residents  of  commonwealth  in 

armed  forces,  powers  and  duties  relative  to     . 

ballots  and  ballot  labels,  providing  of,  by,  at  elections,  relative  to 

dogs  and  kennels,  licensing  by,  changes  in  laws  as  affecting 

powers  and  duties  relative  to  ....  . 

election  laws,  acts  making  correctional  changes  in,  as  affecting 
powers  and  duties  of    .  .  .  .  .  .  . 

filing  and  recording  of  instruments  with: 

mortgages,  real  or  personal  property,  of,  in  which  soldiers 
or  sailors  may  be  interested,  exercise  of  power  of  seizure 
or  foreclosure  under,  copy  of  order  authorizing 

recounts  of  ballots  at  city  or  town  elections,  writings  request- 
ing discontinuance  of  . 

See  also,  infra,  marriages. 


64 

572  / 
404 

28 

448 
108 


390 
281 


111 
334 

411 


57 
417 


Item  or 
Section. 


1-3 
1,  2 
1,  2 
1-13 
1-5 

1-14 

1,2 
0441-12, 
Page  797 

1-3 
1-5 
1-5 

1.  2 

1,  2 

1.  2 

1-5 
1.  2 
1.  2 
1,  2 
1,  2 
1,  2 
1,  2 


0228, 

Page  799 

1-9 


1-3 
1-6 


2-7.  10 
1,  2 

2-4 

1,  5,  6,  9 

6,  14,  17, 

23-25 


1026 


Index. 


CITY  AND   TOWN   CLERKS  —  Concluded. 
in  general  —  Concluded. 

legitimation  of  illegitimate  children,  affidavits  of  adjudication 

of  paternity  in  cases  of,  powers  and  duties  as  to 
marriages,  federal  reservations,  on,  notices  of  intention  of, 
filing  with,  etc.    ........ 

notices  of  intention,  filing  of,  and  issuance  of  certificates  of 
such  filing,  powers  and  duties  as  to 
nomination  of  candidates,  etc.,  act  making  correctional  changes 

in  laws  pertaining  to,  as  affecting  powers  and  duties  of 

voting  machines,  act  amending  law  relative  to,  as  afTecting 

powers  and  duties  of    . 

voters  using,  information  to,  furnishing  by  .  .  . 

city  clerks,  blind  persons,  registration  of,  duties  as  to,  further 

regulated    ......... 

eminent  domain  cases,  certain,  certificate  of  entry  or  taking 

possession,  duties  as  to 
nomination  of  candidates,  etc.,  act  making  correctional  changes 

in  laws  pertaining  to,  as  affecting  powers  and  duties  of 
preliminary  elections  in  cities,  certain  nomination  statements, 
petitions,  etc.,  of  candidates  to  be  voted  for  at,  time  for 
filing  with  ......... 

CITY   AND   TOWN    COLLECTORS: 

suspension  and  removal  of,  and  appointment  of  temporary  col- 
lectors under  certain  circumstances,  authorized 
See  also  Collectors  of  taxes. 
CITY   AND   TOWN   TREASURERS: 

in  general,  collectors  of  taxes,  acting  as,  suspension  and  re- 
moval of,  and  appointment  of  temporary  collectors  under 
certain  circumstances,  authorized  ..... 

insurance,    group   life    and   general   or   blanket   accident   and 
health,  policies  of,  for  members  of  associations  of  munici- 
pal employees,  pay-roll  deductions  on  account  of,  powers 
and  duties  as  to 
military  or  naval  service  of  certain  county  officers,  filling  of 

vacancies  in  cases  of,  powers  and  duties  as  to    . 
school  services,  extended,  for  children  of  employed  mothers, 

funds  for  providing,  powers  and  duties  as  to  . 
state  tax,  apportionment  and  assessment  of,  duties  as  to 
tax  titles,  borrowing  of  money  based  upon,  powers  and  duties  as  to 
lands  subject  to,  taking  for  non-payment  of  taxes  when  assess- 
ment unit  is  changed,  duties  as  to 
United  States  defense  savings  bonds,  war  bonds,  etc.,  invest- 
ments in,  by  cities  and  towns,  duties  as  to        . 
wildlife  refuges,   federal,   situated  in  municipalities,   revenue 
from,  payment  of,  to    .  .  .  .  .  . 

withholding  by,  of  payment  of  money  to  persons  owing  taxes, 
assessments,  rates,  etc.,  relative  to  ...  . 

town  treasurers,  horses  and  mules,  fees  for  licenses  for  slaugh- 
tering of,  payment  to  . 
City  committees  (see  Elections,  political  committees). 
CITY   COUNCILS: 

budgets  in  cities  other  than  Boston,  powers  and  duties  as  to, 
further  regulated  ...... 

city  officers  and  employees  in  military  or  naval  forces,  act  author- 
izing certain  payments  to,  acceptance  by 
horses  and  mules,  buildings  used  for  slaughtering  of,  permits  for,  by 
loan  orders,  certain,  passage  by,  as  affected  by  military  or  naval 
service  of  members  thereof    ..... 

military  or  naval  service  of  certain  elected  city  officers,  filling  of 

vacancies  in  cases  of,  powers  and  duties  as  to    . 
personal  property,  certain,  owned  by  cities,  sale,  exchange  or  loan 

to  United  States  during  existing  emergency,  approval  by 
ragweed,  suppression  and  eradication  of,  powers  and  duties  rela- 
tive to         .  .  .  .  .    _       .  .  .     _ 

retirement  allowances  of  certain  former  city  employees  retired 
for  accidental  disability,  act  authorizing  increase  of,  ac- 
ceptance by,  etc.  ...... 

school  services,  extended,  for   children    of   employed   mothers 
providing  for,  in  cities,  approval  by        .  .  . 

Civil  actions  (see  Actions,  civil;   Practice  in  civil  actions). 
Civilian  conservation  corps,  state  forests,  certain,  operations  in,  of, 
portion  of  proceeds  of  sales  of  products  resulting  from,  pay- 
ment by  commonwealth  to  United  States,  appropriation 


:hap. 

Item  or 
Section. 

72 

2 

408 

2 

561 

1-3 

334 

1,  5,  6,  9 

310 
290 

1-6 

89 

1 

251 

1 

334 

7,  10 

229 

1 

284 

284 

424 
548 

493 

568 
413 

188 

5 

463 

199 

332 

62 

499 
332 

44 

548 

214 

287 

452 
493 

370 


4 
5 

3 

3,  7,  11 
1.  2 


9 
4 
3 

1 

1,  2 
1 

1002-54 


Index. 


1027 


Civilian  defense,  borrowing  of  money  for,  by  cities,  towns  and  districts 

funds  allocated  to  cities,  towns  and  districts  for,  expenditure  of, 

without  appropriation,  relative  to  ...  . 

See  also  National  emergency,  existing,  legislation  pertaining  to. 

CIVIL  SERVICE  AND  REGISTRATION,  DEPARTMENT  OF: 


in  general,  appropriations 


civil  service,  division  of,  appropriations        .... 

director,  employment  security,  division  of,  employees  in,  in- 
ducted into  United  States  employment  service,  etc.,  pro- 
tection of  civil  service  rights  of,  powers  and  duties  as  to  . 

Lowell,  city  of,  appointments  to  municipal  offices  in,  etc., 
approval  by         .  .  .  .  .  .  .  _        . 

promotions,  certain,  from  labor  service  to  official  service  of 
departments,  boards  or  commissions,  approval  by   . 

public  safety,  department  of,  certain  employees  of,  status 
under  civil  service  laws,  powers  as  to        . 

transfers  of  civil  service  employees  during  present  emer- 
gency upon  recommendation  of,  etc.  .  .  .  . 
military  or  naval  forces,  public  officers  and  employees  in,  re- 
instatement of,  certificate  as  to  physical  capacity,  filing  with 


registration,  division  of,  in  general,  appropriations 

architects,   board  of  registration  of,  appropriations     . 

registration  of  certain  persons  as  architects  by,   without 
written  examination,  authorized    ..... 

barbers,  board  of  registration  of,  appropriations    . 
chiropody  (podiatry),  board  of  registration  in,  appropriations 
dental  examiners,  board  of,  appropriations    . 


Chap. 
75 


68 
370 

513 

572 
68 

370 

535 

88 

520 

335 

492 

548 
68 

370 

513 

572 
■    68 

370  I 

513 

167 
68 

370 
513 

68 

370 

68 

370 

513 

68 


370 


electricians,  state  examiners  of,  appropriations 

electrical  work,  issuance  of  licenses  for,  by,  further  regulated     308 
embalming  and  funeral  directing,  board  of  registration  in. 


appropriations 

hairdressers,  board  of  registration  of,  appropriations 
powers  and  duties  further  defined 


370 
513 

68 

I  370 
565 


Item  or 
Section. 

1-5 


1402-01  to 

1501-05 
1402-01  to 

1501-05 

1403-01  to 

1420-01; 

Page  666 

1403-02 
1402-01  to 

1402-03 
1402-01  to 

1402-03 


1-3 
1 


1-3 


1403-01  to 
1421-03 

1403-01  to 
1421-03 

1403-01  to 
1420-01; 
Page  666 
1403-02 
1413-01 
1413-01, 
1413-02 
1413-01 


1420-01. 

1420-02 
1420-01. 

1420-02 

1420-01 
1406-01  to 

1406-02 
1406-01  to 

1406-02 
1405-01. 

1405-02 
1405-01  to 

1405-03 

1405-02 
1416-01, 

1416-02 
1416-01, 

1416-02 

1409-01, 
1409-02 
1409-01  to 
1409-03 
1409-02 

1421-01. 
1421-02 

1421-01, 

1421-02 

1-12 


1028 


Index. 


Chap. 


CIVIL  SERVICE  AND  REGISTRATION,  DEPARTMENT  OF 

—  Concluded. 
registration,  division  of  —  Concluded. 

medicine,  board  of  registration  in,  appropriations 


nurses,  board  of  registration  of,  appropriations 


optometry,  board  of  registration  in,  appropriations 


• 


pharmacy,  board  of  registration  in,  appropriations 

agents,  certain,  of,  civil  service  status  of    . 

certificates  of  fitness  issued  by,  to  pharmacists  for  sale  of 
alcoholic  beverages,  revocation  or  suspension  of 

powers  and  duties  with  respect  to  registration  of  pharma- 
cists, certain  provisions  of  law  relative  to,  deferred  . 

plumbers,  state  examiners  of,  appropriations 


professional  engineers  and  land  sui-veyors,  board  of  registra- 
tion of,  appropriations  ...... 


public  accountants,  boards  of  registration  of,  appropriations   . 


veterinary  medicine,  board  of  registration  in,  appropriations 


Civil  service,  division  of  (see  Civil  service  and  registration,  depart- 
ment of). 
CIVIL    SERVICE   LAWS: 

Ashland,  chief  of  police,  office  of,  placing  under,  authorized 

Boston,  Americanization  department,   offices  and  positions  of, 
placed  under        ........ 

health  department,  certain  positions  in,  placed  under 
markets,  director  of,  office  of,  placing  under,  authorized  . 
municipal  employment  bureau,  offices  and  positions  of,  placed 
under  ......... 

recreation  .board  of ,  sviperintendent  and  employees  of ,  to  be  un  der 

Chicopee,  commissioner  of  soldiers'  relief  and  state  aid  and  mili- 
tary aid  and  supervisor  of  soldiers'  and  sailors'  graves, 
office  of,  placing  under,  authorized  .... 

child  welfare  services  employees  in  towns,  certain,  placed  under  . 

coast  guard  service  of  United  States,  persons  in,  inclusion  of, 
within  veterans'  preference  provisions  of  .  .  . 

Commonwealth  Airport-Boston,  so  called,  employees  working 
on  improvements  at,  to  be  under  ..... 

Douglas,  chief  of  police,  office  of,  placing  under,  authorized 

employment  security,  division  of,  employees  in,  inducted  into 
United  States  employment  service,  etc.,  protection  of 
rights  of, .under   ........ 

investigation  relative  to,  continued  .  .  .        Resolve 

appropriation     ......... 

labor  and  industries,  department  of,  certain  employees  of,  placed 

under  .  .  . 

Longmeadow,  labor  service  of  highway,  water,  park  and  sewer 

departments,  positions  in,  placing  of,  under,  authorized   . 
Lowell,  city  auditor,  office  of,  and  present  incumbent  thereof, 

status  under        ........ 


370 

68 

370 

68 

370 
513 

68 

370 

220 

542 

165 
68 

370 

68 
370 
513 

68 

370 

68 

370 

513 


23 


Item  or 
Section. 


1404-01, 

1404-03 
1404-01, 

1404-03 
1408-01, 

1408-02 
1408-01, 

1408-02 
1410-01, 

1410-02 
1410-01, 

1410-02 

1410-02 
1407-01  to 

1407-03 
1407-01  to 

1407-03 


14 


1417-01, 
1417-02 

1417-01, 
1417-02 
1412-01 
1412-01 
1412-01 

1414-01, 
1414-02 

1414-01, 
1414-02 
1411-02 

1411-01, 
1411-02 

1411-01, 
1411-02 


1,  2 


380 
326 

78 

3 

231 
451 

1.  2 
3 

304 
246 

1,2 
1.  2 

469 

528  ' 
70 

5 
1,  2 

535 

72  ■ 

572  1 

1-5 

0216, 
Page  801 

363 

15 

1,  2 

371 

1.2 

Index. 


1029 


CIVIL    SERVICE    LAWS  —  Concluded. 

Mansfield,  chief  of  police,  office  of,  placing  under,  authorized 
military  or  naval  forces,  public  officers  and  employees  in,  status 
under,  etc.  ........ 

Millbury,  chief  of  police,  office  of,  placing  under,  authorized 
Northampton,  city  engineer,  office  of,  to  be  under 
Palmer  Fire  District  Number  One  of  Palmer,  chief  engineer  of, 
office  of,  placing  under,  authorized         .... 

pharmacy,  board  of  registration  in,  agents,  certain,  of,  status 
under  .  .  .  .  . 

Pittsfield,  park  department  employees,  status  under  . 
promotions,  certain,  from  labor  service  to  official  service  of  de- 
partments, boards  or  commissions,  authorized 
public  safety,  department  of,  certain  employees  of,  status  under 
public  utilities,  department  of,  labor  service  of,  placed  under 
public   works,    department   of,    employees,    certain,    of,    placed 
under  ......... 

state  farm,  certain  employees  of,  placed  under 
temporary  employment  under,  act  restricting  appointment  of 
certain  persons  for,  repealed  ..... 

transfers  of  employees  under,  during  present  emergency    . 
women's  auxiliary  military   and   naval   units,   extension   to,   of 
veterans'  preference,  so  called,  under      .... 

public  officers  and  employees  in,  status  under,  etc. 
Civil  war  veterans,  care  of,  and  their  wives  and  widows,  appropria- 
tions ......... 

state  service,  formerly  in,  compensation,  appropriations 

See  also  Grand  Army  of  the  Republic;   Soldiers,  sailors  and  ma- 
rines;   Veterans. 


Claims,  accounts  and,  unclassified,  appropriations 


settlement  of  certain,  appropriations 


Clams  (see  Fish  and  fisheries). 

Clark  University,  Trustees  of,  membership  of     . 

Clerk,  house  of  representatives,  of  (see  General  court). 

senate,  of  (see  General  Court). 
Clerks,  city  and  town  (see  City  and  town  clerks). 
CLERKS    OF    COURTS: 

in  general,  military  or  naval  service  of  elected  county  officers, 

filling  of  vacancies  in  cases  of,  powers  and  duties  as  to 
Bristol  county,  second  and  third  assistant,  provision  for   . 
district  courts,  of  (see  District  courts). 

superior  court,  of,  appellate  division  for  review  of  certain  sen- 
tences to  state  prison,  powers  and  duties  as  to 
supreme  judicial  court,  of,  commonwealth,  for,  salary,  etc.,  ap- 
propriations        ........ 

Suffolk  county,  for,  commonwealth's  part  of  salary,  appro- 
priations    ......... 

Clinics,  blind  persons,  treatment  of,  by,  reporting  of       . 

cancer,  department  of  public  health  permitted  to  establish,  etc.  . 
dental,  made  subject  to  laws  regulating  dispensaries  and  exempt- 
ing from  said  laws  clinics  conducted  by  licensed  hospitals 
Closed  banks  (see  Banks  and  banking). 

Coal,  sold  or  ofTered  for  sale,  quality  of,  relative  to  .  .  . 

Coastal  waters,  Essex  county,  of,  taking  of  lobsters  and  edible  crabs 

from,  relative  to  ....... 

term,  as  used  in  laws  relating  to  marine  fish'  and  fisheries  made 

applicable  to  Tashmoo  pond  in  town  of  Tisbury 
See  Waters  and  waterways. 


Item  or 

Chap. 

Section. 

217 

1-3 

172 

548 

1,  2,  8,  10,  11 

2 

1.  2 

515 

21 

399 

1,  2 

220 

364 

3 

520 

335 

402 

1,  2 

438 

376 

523 

492 

1-3 

194 

172 

68 

0441-02 

370 

0441-02 

513 

0441-02 

68 

2811-01 

370 

2811-01 

2805-01  to 

68 

2820-04, 

2970-07 

370 

r     2805-01  to 

1          2820-06 

2805-02  to 

513 

2820-06; 

1         Page  666 

672 

^         2805-01, 

1         Page  799 

68. 

^         0802-01, 

0802-02 

370. 

0802-01. 
0802-02 

613 

0802-02 

137 

1.2 

548 

6 

336 

1-3 

558 

1,  2 

/    68 

0301-03 

\370 

0301-03 

/    68 

0301-08 

\370 

0301-08 

89 

2 

430 

1,  2 

16 

1-3 

241 

1-4 

/149 
1533 

1.  2 

132 

1,  2 

1030 


Index. 


Coast  guard  base,  ceding  jurisdiction  to  United  States  over  certain 

lands  in  city  of  Boston  for  purpose  of      . 

Coast  guard  service  of  the  United  States,  persons  in,  inclusion  of, 

within  veterans'  preference  provisions  of  civil  service  law 

Cochituate,  Lake,  Natick,  Framingham  and  Wayland,  towns  of, 

in,  use  for  bathing  purposes  ...... 

Cocoanut  Grove,  so  called,  Boston,  city  of,  in,  fire  occurring  at,  and 

certain  related  matters,  investigation  relative  to  Resolve 

appropriation     ........ 

Coke,  sold  or  offered  for  sale,  quality  of,  relative  to         .  . 

COLLECTORS   OF   TAXES: 

bonds  of,  partial  discharge  from  liability  on,  under  certain  cir 
cumstances,  providing  for     ..... 

collection  of  taxes  by,  minor  and  perfecting  changes  in  laws  re 
lating  to     .  .  .  .  .  .  .  . 

delinquent  taxes,  collection  by,  charges  and  fees  for,  etc.,  relative 
to 

real  estate,  sale  or  taking  of,  in  connection  with  liens  for  taxes 
and  assessments,  powers  and  duties  as  to 

suspension  and  removal  of,  and  appointment  of  temporary  col 
lectors  under  certain  circumstances,  authorized 

tax  bills,  etc.,  sending  by,  affidavit  as  to  time  of,  relative  to 
form  of  ........ 

tax  titles,  lands  subject  to,  taking  for  non-payment  of  taxes  when 
assessment  unit  is  changed,  duties  as  to 

withholding  by  city  and  town  treasurers  of  money  payable  to 
persons  owing  taxes,  assessments,  rates,  etc.,  upon  re- 
quest of,  relative  to      .  .  .  .  . 

See  also  Taxation,  local  taxes,  collection  of. 
COLLEGES   AND   UNIVERSITIES: 

Babson  Institute,  degrees  of  Bachelor  of  Science  and  Master  of 
Business  Administration,  granting  by,  authorized    . 

Becker  Junior  College  of  Business  Administration  and  Secre- 
tarial Science,  name  of  Becker  School  of  Business  Admin- 
istration and  Secretarial  Science  changed  to,  and  said 
junior  college  authorized  to  confer  degree  of  Associate  in 
Science        ......... 

books,  etc.,  price  limitations  on,  under  Fair  Trade  Law,  so  called, 
exempted  from    ........ 

Boston  School  of  Pharmacy,  The,  degree  of  Bachelor  of  Science 
in  Pharmacy,  granting  by,  authorized  if,  etc. 

Cambridge  Junior  College,  degrees  of  Associate  in  Arts  and  Asso- 
ciate in  Science,  granting  by,  authorized 

Clark  University,  Trustees  of,  membership  of  . 

designation  of  "college"  or  "university",  use  of,  further  regulated 

Endicott  Junior  College,  name  of  Endicott  Incorporated  changed  to 

incorporation,  granting  of  degrees,  etc.     .  .  .  .  . 

junior  colleges,  incorporation,  granting  of  degrees,  etc. 

Lasell  Junior  College,  degrees  of  Associate  in  Arts  and  of  Asso- 
ciate in  Science,  granting  by,  authorized  .  .     _     . 

Lesley  School,  The,  degree  of  Bachelor  of  Science  in  Education, 
granting  by,  authorized         ...... 


Massachusetts  state  college,  appropriations 


forest  cutting  practices,  law  providing  for  establishment  of,  as 
affecting     ......... 

New  England  School  of  Theology,  The,  degree  of  Bachelor  of 
Arts  in  Theology,  granting  by,  authorized 

records  of  students,  transcripts  of,  required  to  furnish,  in  certain 


state  teachers  colleges,  appropriations 

students  in,  state  aid  to,  appropriations 
See  also  Schools. 


Chap. 

Item  or 
Section. 

458 

1-5 

469 

327 

1,  2 

67 
572  0251 
241 

Page  800 
1-4 

107 

37 

1.  2 

179 

478 

1-4 

284 
166 
564 

2 
1,2 

188 


199 


557 


555 

40 

571 

556 

137 

1.2 

549 

7 

554 

549 

1-7 

549 

1-7 

552 

553 

68 

370 
513 

539 

551 

547 
68 

370 

513 

I    68 
\370 


1341-00  to 
1341-97 

1341-00  to 
1341-98 
1341-00. 
1341-79 

Subs.  45 


1307-00  to 
1321-00 

1307-00  to 
1321-00 
1308-21, 
1314-32 
1301-08 
1301-08 


Index.  1031 

Item  or 
Chap.  Section. 

CoUeg^iate  authority,  board  of,  education,  department  of,  in,  estab- 
lishment, powers,  duties,  etc.  .....     549  1, 3 

requirements  of,   compliance  with,   by  The  Boston  School  of 
Pharmacy  made  a  prerequisite  to  the  granting  of  certain 
degree  by  said  school  .  .  .  .  .  .  .571 

Color,  discrimination  because  of,  in  employment,  investigation  rela- 
tive to        ......  .       Resolve       39 

libel  of  group  of  persons  because  of,  etc.,  penalized   .  .  .     223 

Oomforters,  quilts,  etc.,  consisting  in  whole  or  in  part  of  reproc- 
essed material,  marking  of,  requirements  as  to         .  .     381  1—4 
Commander-in-chief  (see  Militia). 

Comimercial  motor  vehicle  division  (see  Public  utilities,  depart- 
ment of). 
COMMISSIONERS,   STATE: 

agriculture,  of  (see  Agriculture,  department  of), 
banks,  of  (see  Banking  and  insurance,  department  of). 
Qonservation,  of  (see  Conservation,  department  of), 
corporations  and  taxation,  of  (see  Corporations  and  taxation, 

department  of), 
correction,  of  (see  Correction,  department  of), 
education,  of  (see  Education,  department  of), 
firemen's  relief,  on  (see  Firemen's  relief,  commissioners  on), 
insurance,  of  (see  Banking  and  insurance,  department  of), 
labor  and  industries,  of  (see  Labor  and  industries,  department  of), 
mental  health,  of  (see  Mental  health,  department  of), 
public  health,  of  (see  Public  health,  department  of), 
public  safety,  of  (see  Public  safety,  department  of), 
public  welfare,  of  (see  Public  welfare,  department  of), 
public  works,  of  (see  Public  works,  department  of), 
state  aid  and  pensions,  of  (see  State  aid  and  pensions,  commis- 
sioner of), 
uniform  state  laws,  on  (see  Uniform  state  laws,  commissioners 

on), 
veteran  aid  and  pensions  (see  Veteran  aid  and  pensions,  com- 
missioner of). 
Commissions,  weekly  payment  of,  to  certain  employees,  relative  to     467 
COMMISSIONS,   STATE: 

administration  and  finance  (see  Administration  and  finance,  com- 
mission on), 
alcoholic  beverages  control  (see  Alcoholic  beverages  control  com- 
mission) . 
armory  (see  Armory  commission), 
art  (see  Art  commission), 
ballot  law  (see  Ballot  law  commission), 
boxing  (see  Public  safety,  department  of). 

civil  service  (see  Civil  service  and  registration,  department  of), 
emergency  public  works  (see  Emergency  public  works  commis- 
sion) . 
interstate  co-operation,  on  (see  Interstate  co-operation,  commis- 
sion on), 
labor  relations  (see  Labor  relations  commission). 
Massachusetts  aeronautic  (see  Massachusetts  aeronautic  com- 
mission) . 
Massachusetts  development  and  industrial  (see  Massachusetts 

development  and  industrial  commission), 
metropolitan  district  (see  Metropolitan  district  commission), 
metropolitan  district  water  supply  commission  (see  Metropoli- 
tan district  water  supply  commission) . 
public  utilities  (see  Public  utilities,  department  of), 
racing  commission  (see  State  racing  commission), 
special,    agricultural   and    dairy   industry,    to   investigate    and 

study Resolve       69 

appropriation 572  {        p^^f^JJ. 

blind,  crippled  and  disabled  persons,  benefits  to,  and  granting 
of  old  age  assistance,  so  called,  to  investigate  and  study 
relative  to        .....  .       Resolve      38 

appropriation      ........     572  /        ^^     *'^A^.4 

\         Page  797 
civil  service  laws,  rules  and  regulations,  to  investigate  relative  to, 

continued  and  membership  thereof  increased     Resolve       72 

appropriation 572  /        „     0216. 

\        Page  801 


1032 


Index. 


Chap. 

COMMISSIONS,    STATE  —  Cont{7iued. 
special  —  Continued. 

commonwealth,  employees  of,  adjustment  of  grievances  of, 
and  maintenance  of  such  employees  in  state  institutions, 
laws,  rules  and  regulations  applicable  to,  to  investi- 
gate        .......        Resolve       73 

appropriation      ........     572 

criminal  laws  and  new  penal  code,  etc.,  to  investigate  relative 

to,  revived  and  continued  .  .  .       Resolve       60 

appropriation      ........     572 

discrimination  in  employment  because  of  race,  color,  religion 

or  nationality,  to  investigate  relative  to       .        Resolve       39 

appropriation      ........     572 

drunkenness,   problem  of,  in  commonwealth,  to  investigate 

relative  to        .....  .        Resolve       62 

appropriation      ........     672 

economic  and  other  conditions,  post-war  problems  relative  to, 

to  study  ......        Resolve       71 

appropriation      ........     572 

employment,  discrimination  in,  because  of  race,  color,  religion 

or  nationality,  to  investigate  relative  to       .        Resolve       39 

appropriation      ........     572 

fraternal  benefit  societies,  laws  of  commonwealth  relating  to, 

to  study  ......        Resolve       44 

appropriation      ........     572 

highway  projects,  post-war  program  of,  to  consider  and  recom- 
mend      .......     Resolves  46,  66 

appropriation       ........     572 

housing,  laws  of  commonwealth  relating  to,  to  investigate  and 

study      .......        Resolve       50 

appropriation      ........     572 

intergovernmental  relations,  problems  in  connection  with, 
e+c,  to  investigate  and  study  as  to,  revived  and  con- 
tinued    .......        Resolve 


appropriation       ........ 

old  age  assistance,  so  called,  granting  of,  and  certain  related 
matters,  to  investigate  and  study  relative  to      Resolve 

appropriation      ........ 

places  of  assembly,  certain,  safety  of  persons  in,  and  certain 
related  matters,  to  investigate  and  study     .        Resolve 

appropriation      ........ 

primaries  and  elections,  laws  relating  to,  to  investigate,  etc., 
revived  and  continued       ....        Resolve 

appropriations     ........ 

property  held  for  public  purposes,  loss  of  taxes  on,  reimburse-^ 
ment  of  municipalities  therefor,  to  investigate  relative 
to,  continued  and  work  enlarged  .  Resolve 

appropriation      ........ 

public  welfare,  department  of,  reorganization  of,  and  certain 
related  matters,  to  investigate  and  study  relative 
to  .  .  .  .  .  .  Resolve 

appropriation      ........ 

railroad  transportation,  continuance  of  adequate  commuting 
passenger  service  for  certain  communities,  to  investi- 
gate as  to,  etc.,  revived  and  continued         .        Resolve 

appropriation       ........ 


59 
572 

38 
572 

67 
672 

67 
68 

572 


64 
572 


38 

572 


35 

572 


Item  or 
Section. 


0250, 
Page  801 


0217. 
Page  798 


0241. 
Page  797 


0240. 
Page  800 


0246, 
Page  801 


0241. 
Page  797 


0239, 
Page  797 


2970-10, 
Page  798 


0243, 
Page  798 


0230, 
Page  795 


0242, 
Page  797 


0251, 
Page  800 


0227 

0227, 

Page  797 


0228, 
Page  799 


0242, 
Pago  797 


0204. 
Page  798 


Dhap. 

Item  or 
Section. 

56 
572  1 

0238, 
Page  797 

35 

572  / 
I 

0204. 
Page  798 

49 

572  1 

0222, 
Page  797 

45 

35 
572  / 

0204, 
Page  798 

Index.  1033 


COMMISSIONS,  STATE  —  Concluded. 
special  —  Concluded. 

rapid  transit  system,  Boston  metropolitan  area,  in,  investiga- 
tion and  study  relative  to       .  .  .        Resolve 

appropriation  ........ 

city  of  Boston,  in,  extension  from  South  Station  to  Readville 
district,  to  investigate  as  to,  etc.,  revived  and  con- 
tinued ......        Resolve 

appropriation  ........ 

retirement  systems,  commonwealth  and  political  subdivisions 
thereof,  of,  advisability  of  revising,  etc.,  to  investigate 
further  as  to    .  .  .  .  .  .       Resolve 

appropriation       ........ 

taxes,  real  estate,  on,  assessment  and  abatement  of,  and  cer- 
tain related  matters,  to  investigate  and  study        Resolve 

transportation  facilities  in  and  around  metropolitan  Boston 
area,  co-ordination  of,  to  investigate  as  to,  etc.,  revived 
and  continued  .....        Resolve 

appropriation      ........ 

See  also  specific  titles  of  commissions. 
Committees,  legislative  (see  General  court). 

political  (see  Elections). 
Commodities  (see  Merchandise). 

Common  carriers    (see  Carriers,   common;    Motor  vehicles,  pas- 
sengers,    transporting;      Railroads;      Street     railways; 
Trackless  trolley  vehicles,  so  called). 
Common  victuallers,   supplying  of  food   by,  on  Lord's  day,  re- 
quired if  licensed  to  sell  alcoholic  beverages  thereon,  etc.  .     328 
COMMONWEALTH: 

absence  from,  by  recipients  of  aid  to  dependent  children,  so 
called,  continuance  of  such  aid  in  cases  of         .  .  . 

Airport-Boston,  so  called,  cost  of  operation  of,  appropriations   . 

improvement,  development,  etc.,  of,  and  designated  as  Gene- 
ral Edward  Lawrence  Logan  Airport     .... 

bonds,  notes,  etc.,  of  (see  State  finance). 

books,  etc.,  price  limitations  on,  under  Fair  Trade  Law,  so  called, 
exempted  from    ........ 

claims  against,  motor  vehicles  under  control  of  military  forces, 
arising  out  of  operation  of,  settlement  of,  etc.  . 
time  within  which  petitions  founded  upon,  may  be  brought, 
limited        .  .  .  ... 

constitution  of  (see  Constitution,  commonwealth,  of), 
departments,  boards,  commissions,  etc.,  of,  allotment  bj^  gover- 
nor of  certain  sums  available  for  expenditure  by 
purchases  and  transfers  of  supplies  of  . 

quarters  within  and  without  state  house  for  use  of,  authority 
of  commission  on  administration  and  finance  relative  to 
furnishing,  defined        ....... 

reports,  annual,  of,  printing  and  distribution  of     . 
road  and  snow  removal  equipment,  certain,  use  of,  by,  etc. 
rules  and  regulations  issued  by  authority  of,  unattested  printed 
copies  of,  use  in  evidence       .  .  .  .  .  . 

transfers  of  funds  on  books  of,  relative  to      . 
See  also  Boards,  state;    Commissioners,  state;    Commissions, 
state;     Departments,    state;     Divisions,    state    depart- 
ments, of. 
Edgartown,  certain  properties  in,  acquisition  by,  for  public  beach 

purposes,  investigation  relative  to  .  .        Resolve       55 

Emergency  Defense  Act  of  1941,  made  co-terminous  ...         3 
finances  of  (see  State  finance). 

functions  and  activities  of,  co-related  to  functions  and  activities 
of  federal,  county,  city,  town  and  district  governments, 
investigation  relative  to,  continued  .  .        Resolve       59 

funds  of  (see  State  finance), 
military  forces  of  (see  Militia). 
Oak  Bluffs,  certain  properties  in,  acquisition  by,  for  public  beach 

purposes,  investigation  relative  to         .  .        Resolve      55 


117 

68 

370 

513 

528 
567 

3132-14 

3132-14 

3132-14 

1-8 

1 

40 

409 

1-4 

566 

1,  2 

541 
344 

2 

440 
344 
474 

1,2 

1 

1.  2 

190 
345 

1.  2 

1034  .  Index. 

Item  or 
Chap.  Section. 

COMMONWEALTH  —  Concluded. 

officers  and  employees  of,  in  general,  civil  service  laws,  as  affect- 
ing (see  Civil  service  laws), 
former,   temporarily  re-employed   during  existing  state   of 

war,  compensation  payable  to        ....  .     502  1,  2 

meals,  reiniBursement  for  expenses  incurred  for,  regulated    .68  ,4 

military  or  naval  forces,  in,  contingencies  arising  in  connec- 
tion with  service  of,  act  meeting      ....     548  1,  2,  8,  10,  11 

inclusion   of   certain   women's   auxiliary   military    and 

naval  units  within  operation  of        .  .  .  .172 

motor  vehicles  owned  by,  expenses  of,  allowances  for,  re- 
stricted      .........       68  5 

salaries  of,  temporarily  increased       .....      170  1-7 

appropriation  ........     370  9 

waiver  of  increase,  filing  of,  providing  for,  in  certain 
cases    .........     562 

social  workers,  classification  of,  survey  relative  to      Resolve       41 
employees,  adjustment  of  grievances  of,  and  maintenance  of 
such    employees    in    state    institutions,    laws,    rules 
and  regulations  applicable  to,  investigation  relative 
to         ......  .        Resolve       73 

appropriation 572  {         PagS 

civil  service,  transfers  of,  during  pnesent  emergency      .  .     492  1-3 

group  life  and  general  or  blanket  accident  and  health  in- 
surance policies,  issuance  to  members  of  associations  of, 
and  authorizing  pay-roll  deductions  on  account  of  such 
policies,  etc.         ........     424  1-7 

holidays,  required  to  work  on,  rules  and  regulations  appli- 
cable to,  survey  of       ....  .        Resolve       27 

workmen's  compensation  law,  self-insurance  under,  act  pro- 
viding for,  not  to  apply  to      .  .  .  .  .  .     529     7,  Subs.  25B 

officers,  reports,  annual,  of  certain,  printing  and  distribution 

of 

transfers  of  funds  on  books  of,  relative  to  . 
Old  Iron  Works  House,  so  called,  located  in  town  of  Saugus,  main- 
tenance of,  co-operation  with  said  town  in,  by,  providing 
for,  etc.       .........     507 

appropriation  ........ 

personal  property,  certain,  owned  by,  sale,  exchange  or  loan  of, 

to  United  States  during  existing  emergency,  authorized    . 

gifts  of,  for  military  purposes,  acceptance  by  adjutant  general 

on  behalf  of,  authorized,  etc.  ..... 

pier  five,  supervision  and  operation  of,  etc.,  appropriations 

public  assistance  by  cities  and  towns,  period  of  liability  of,  in 

connection  with  notices  of,  made  uniform        .  .  .     275  1,  2 

sinking  funds  of  (see  State  finance). 

Sumner  tunnel,  operation  and  maintenance  of,  expenses  incurred 
by  city  of  Boston  for,  part  reimbursement  of  said  city  for, 
by      .......  .        Resolve       25 

appropriation 572  {         pUf'^gj 

United  States,  acquisition  by,  of  certain  lands  in  city  of  Boston 
and  town  of  Hingham  to  facilitate  war  effort  of  United 
States  Navy,  granting  of  consent  to,  by,  etc.    .  .  .     477  1-3 

of  certain  land  in  city  of  Boston  for  purpose  of  coast  guard 

base,  granting  of  consent  to,  by,  etc.        ....     458  1-5 

of  certain  land  in  city  of  Boston  for  purpose  of  extending 

Boston  Navy  Yard,  granting  of  consent  to,  by,  etc.  .  .     457  1-3 

of  certain  lands  in  city  of  Chelsea  for  use  as  annex  to  Boston 

Navy  Yard,  granting  of  consent  to,  by,  etc.      .  .  .     456  1—4 

of  certain  lands  in  counties  of  Bristol,  Dukes,  Essex  and 
Plymouth  for  use  as  military  reservations,   granting  of 
consent  to,  by,  etc.       .......     4G0  1-3 

claims  against,  by,  law  authorizing  appointment  of  agent  to 
prosecute,  etc.,  repealed  and  duties  of  said  officer  trans- 
ferred to  attorney  general     .  .  .  .  .  .83  1,  2 

See  also  Massachusetts. 
Communicable  diseases,  division  of  (see  Public  health  depart- 
ment of). 


344 
345 

1 

507 

1.  2 
0441-12, 
Page  797 

214 

362 

68 

370 

1.  2 
3132-02 
3132-02 

Index. 


1035 


Commuting  passenger  service,  so  called,  continuance  of,  by  cer- 
tain railroads,  action  to  assure,  investigation  relative  to, 
continued  .......       Resolve 

appropriation    ......... 

Compacts,  interstate,  minimum  wage,  for,  abrogated   . 
Companies,  banking  (see  Banking  companies), 
insurance  (see  Insurance), 
trust  (see  Banks  and  banking). 
See  also  Corporations. 
Compensation,  injured  employees,  for  (see  Workmen's  compensation) . 

unemployment  (see  Employment  security  law). 
Complaints,  district  courts,  made  in,  hearings  before  issuance  of 

process  thereon,  providing  opportunity  for 
Comptroller  (see  Administration  and  finance,  commission  on). 
Compulsory  motor  vehicle  liability  insurance  (see  Motor  ve- 
hicles, liability  for  bodily  injuries,  etc.,  caused  by,  security 
for). 
Compulsory  workmen's  compensation  (see  Workmen's  compen- 
sation). 
Concealment,  stolen  or  embezzled  property,  of,  crime  of  aiding  in, 

etc.,  venue  of,  relative  to    . 
Concentration  camps,   United  States,   of,   sale   and  delivery  of 

water  to,  from  metropolitan  water  system 
Concert  halls  (see  Assembly,  places  of). 
Conciliation  and  arbitration,  board  of  (see  Labor  and  industries, 

department  of). 
Conditional  sales,  personal  property,  of,  contracts  of,  further  regulated 
judicial  determination  of  rights  to  exercise  powers  of  seizure 
under,  in  which  soldiers  or  sailors  may  be  interested 
personal  property  sold  on,  attachment  of,  regulated,  etc.   . 
theatre  seats,  etc.,  of,  relative  to     . 
Congress  of  the  United  States,  senator  in,  vacancies  in  oflBce  of 
filling  of,  relative  to     .....  . 

See  also  Federal  emergency  laws. 
CONSERVATION,    DEPARTMENT   OF: 


in  general,  appropriations 


Oak  Bluffs  and  Edgartown,  certain  properties*  in,  acquisition 
of,  by  commonwealth  for  public  beach  purposes,  investi- 
gation relative  to,  by  .  .  .  .  Resolve 

commissioner,  forest  cutting  practices,  establishment  of, 
powers  and  duties  as  to         . 

divisions  of: 

fisheries  and  game,  appropriations         .     ^    . 


director,  hunting  and  fishing  certificates,  special,  persons 

in  military  or  naval  service,  issuance  to,  by  . 

stocking  of  certain  inland  waters  in  Dukes  and  Nantucket 

counties  with  fish,  powers  and  duties  as  to    . 

Flax  pond  in  city  of  Lynn,  certain  rules  and  regulations  as  to 

fishing  in,  approval  by  ...... 

Massapoag,  Lake,  in  town  of  Sharon,  certain  rules  and  regu- 
lations as  to  fishing  in,  approval  by        ...  . 

See  also  Game  and  inland  fisheries. 


Chap. 

35 
572/ 
255 


Item  or 
Section. 


0204, 

Page  798 

1-3 


349 


311 
543 


410 

57 

298 

52 

49 


forestry,  appropriations 


370 

513 
572 

55 
539 

68 

370 
.513 

388 

216 

71 

73 

68 

370 

513 


1.2 


1,2 
1 

1.2 

1-4 

1-10 

1,2 


1001-01  to 

1004-91, 

4011  to 

4031 

1001-01  to 

1004-91, 

4011  to 

4037 

1001-04  to 

1004-71 

1004-46, 

1004-51 


1004-01  to 
1004-03 

1004-01  to 
1004-03 
1004-02 

1,  2 

1-3 

2 


1002-01  to 
1002-31 

1002-01  to 
1002-31 

1002-01  to 
1002-21 


1036 


Index. 


CONSERVATION,    DEPARTMENT    OF  —  Concluded. 
divisions  of  —  Concluded. 
forestry  —  Concluded. 

director,  forest  cutting  practices,  establishment  of,  powers 
and  duties  as  to  ....... 

state  fire  warden,  appropriations        ..... 

state  forester,  slash  or  brush,  disposal  of,  powers  and  duties 
as  to  ......... 


marine  fisheries,  appropriations 


Chap. 


539 
/  68 
\370 

103 
68 


parks  and  recreation,  appropriations    . 


wild  life  research  and  management,  appropriations 


Conservation  oflScers,  compensation,  expenses,  etc.,  appropria- 
tions ......... 

Conservators  (see  Guardians  and  conservators). 

Constabulary,  state,  so-called  (see  Public  safety,  department  of: 
divisions  of:   state  police). 

CONSTITUTION    OF    COMMONWEALTH: 
proposed  legislative  amendments  to: 

absent  voting  by  qualified  voters  who  bj'  reason  of  physical 

disability  are  unable  to  vote  in  person,  providing  for      . 

annual  sessions  of  general  court  and  annual  budget,  restoring 

initiative  and  referendum,  fair,  concise  summary,  instead  of 

a  description,  of  proposed  amendments  to  constitution 

and  laws  submitted  to  people  under,  and  certain  changes 

relative  to  filing  of  initiative  petitions,  providing  for 

pardons  of  offences  which  are  felonies,  terms  and  conditions 

upon  which  they  may  be  granted,  prescribing  by  genera! 

court,  providing  for      ....... 

retirement  age  for  judges,  prescribing  by  general  court,  pro- 
viding for  ......... 

Construction  loans  (see  Mortgages) . 

Consumption  (see  Tuberculosis).' 

Contagious  diseases  (see  Diseases  dangerous  to  public  health). 

Contempt  of  court,  law  requiring  educational  institutions  to  fur- 
nish transcripts  of  records  of  students,  failure  or  refusal  to 
obey  court  orders  under,  as  . 

Contract  carriers  (see  Carriers). 

Contracts,  conditional  sales,  of  (see  Conditional  sales), 
insurance  (see  Insurance). 

Contributions,  charitable,  guardians  of  insane  persons,  by,  in- 
vestigation relative  to  ....        Resolve 

Conversations,  private,  husband  and  wife,  between  (see  Private 
conversations) . 

Conveyance  of  real  estate  (see  Real  property) . 

Convicts  (see  Penal  and  reformatory  institutions ;   Prisoners) . 

Co-operation,  interstate,  commission  on  (see  Interstate  co- 
operation, commission  on). 

Co-operative  banks  (see  Banks  and  banking). 

Co-operative  Central  Bank,  The,  law  relative  to,  amended   . 

Co-respondents,  naming  of,  in  divorce  proceedings,  relative  to 

Corn-borer,  European,  suppression  of,  appropriations  . 

further  regulated         ........ 

CORPORATIONS: 

in  general,  dissolved,  supreme  judicial  court,  by,  list  of,  furnish- 
ing to  county  law  libraries,  providing  for 


370 

513 

68 

370 

513 

68 

370 

572 

68 

370 
513 


Item  or 
Section. 


1002-12 
1002-12 


1004-70  to 
1004-90 

1004-70  to 

1004-90 

1004-71 

4011  to 

4031 

4011  to 

4037 

4013  to 

4031 

1004-51  to 
1004-52 

1004-51  to 
1004-63 
1004-61 
1004-11, 
1004-12 
1004-11. 
1004-12 
1004-11 


Page  846 
Page  846 


Pages  842-844 

Pages  840,  841 
Page  847 


547 


219 

1-4 

196 

1-2 

68 

0909-12 

370 

0909-12 

144 

383 


Index. 


1037 


Chap. 


Item  or 
Section. 


CORPORATIONS  —  Continued. 
in  general  —  Concluded. 

dividends  on  shares  in  (see  Taxation,  incomes,  of), 
general  court,  petitions  to,  for  incorporation,  revival,  etc.,  of, 
relative  to  ........ 

initiative  petitions,  affected  by,  provisions  of  corrupt  prac- 
tices law  relative  to  influencing  vote  on,  by,  amended 
taxation  of  (see  Taxation,  corporations,  of), 
business,  consolidation  of,  filing  fees  to  be  paid  in  connection 
with,  relative  to  ....... 

names,  assumption'of,  by,  regulated     .  .  .  .  . 

property  and  assets  of,  power  of  said  corporations  to  mortgage 
or  pledge,  clarification  of  law  relative  to  .  .  . 

taxation  of  (see  Taxation,  corporations,  of). 
See  also,  supra,  in  general, 
cemetery  (see  Cemeteries). 

charitable  and  certain  other  purposes,  for,  board  of  probation, 
information  in  files  of,  made  available  to  certain,  etc. 
change  in  or  addition  to  purposes  of     . 
change  of  name  of      .......  . 

employees,   certain,   of,  workmen's  compensation  law  to  be 

elective  as  to        . 
formation  of      ........  . 

charitable,  neglected  children,  certain,  placed  in  care  of,  expenses 
for  support  of,  payment  to   . 
persons,  certain,  residing  in,  not  to  gain  or  lose  settlement 
churches  (see  Churches  and  religious  corporations), 
co-operative  banks  (see  Banks  and  banking), 
credit  unions  (see  Credit  unions), 
electric  (see  Gas  and  electric  companies), 
express  companies  (see  Express  companies), 
foreign,  certain,  registration  of,  etc.,  relative  to         .  .  . 

taxation  of  (see  Taxation,  corporations,  of), 
fraternal  benefit  societies  (see  Fraternal  benefit  societies), 
gas  and  electric  (see  Gas  and  electric  companies), 
general  fields,  etc.,  proprietors  of,  incorporation  of,  further  regu- 
lated ......... 

insurance  companies  (see  Insurance). 

manufacturing,  taxation  of  (see  Taxation,  corporations,  of), 
medical  service  (see  Medical  service  corporations), 
national  banks  (see  Banks  and  banking), 
railroad  (see  Railroads). 

real  estate  lying  in  common,  etc.,  proprietors  of,  incorporation  of, 
further  regulated  ....... 

religious  societies  (see  Churches  and  religious  corporations), 
savings  banks  (see  Banks  and  banking), 
sleeping  car  companies  (see  Sleeping  car  companies), 
street  railway  (see  Street  railways). 

telephone  and  telegraph  (see  Telephone  and  telegraph  companies) . 
terminal  (see  Terminal  corporations), 
trust  companies  (see  Banks  and  banking), 
water  companies  (see  Water  companies). 

wharves,  etc.,  proprietors  of,  incorporation  of,  further  regulated 

special  provisions  relative  to  particular  corporations: 

American  Telephone  and  Telegraph  Company,  lines,  poles, 

etc.,  of,  Brockton,  city  of,  in,  locations  validated 

Fitchburg,  city  of,  in,  locations  validated 

Norwood,  town  of,  in,  locations  validated 

Peabody,  city  of,  in,  locations  validated 

Taunton,  city  of,  in,  locations  validated 

Babson  Institute,  degrees  of  Bachelor  of  Science  and  Master 

of  Business  Administration,  granting  by,  authorized     _     . 

Beacon  Universalist  Parish  and  church  affiliated  therewith, 

united  with  First  Universalist  Society  in  Waltham,  and 

certain  provisions  made  relative  to  the  funds,  property, 

etc.,  of  said  corporations       .  .  .  .  .       _  . 

Becker  School  of  Business  Administration  and  Secretarial 
Science,  name  changed  to  Becker  Junior  College  of  Busi- 
ness Administration  and  Secretarial  Science,  and  author- 
ized to  confer  degree  of  Associate  in  Science 
Bethlehem  Steel  Corporation,  relief  plan  of,  and  subsidiary 
companies  thcrsof,  relative  to        ^  .  .  .  . 


549 

2.3 

273 

1,  2 

405 
295 

1,  2 

38 

1.  2 

64 
549 
549 

529 
549 

504 
379 


469 


130 


130 


130 


557 


146 


555 
396 


1-4 


1.  2 


1.  2 


1.  2 


.  11 

1,2 

.  300 

1,  2 

.   48 

1,2 

.  245 

1,2 

47 

1,  2 

1-12 


1-3 


162 

1.  2 

370 

2320-01 

98 

5 

571 

11 
173 

1.  2 

556 

572 
137 
219 

Page  790 
1.  2 
1-4 

70 
572  / 

2,S20-14, 

r) em 

1038  Index. 

Item  or 
Chap.  Section. 

CORPORATIONS  —  Continued. 

special  provisions  relative   to   particular   corporations  — 

Continued. 

Beverly  Hospital  Corporation,  sale  by,  of  certain  property  to 

city  of  Beverly  for  public  park        .....     429  1,  2 

Boston  and  Providence  Railroad  Corporation,  continued 
transportation  service  for  communities  served  by,  action 
to  assure,  investigation  relative  to,  continued       Resolve       35 

Boston  Consolidated  Gas  Company,  lease  to,  of  certain  prop- 
erty of  Dedham  and  Hyde  Park  Gas  and  Electric  Light 
Company  to  bo  acquired  by  city  of  Boston,  extension  of 
time  for .  .163 

Boston  Elevated  Railway  Company,  Revere,  city  of,  suspen- 
sion of  restrictions  on  granting  of  new  licenses  for  trans- 
portation of  passengers  by  motor  vehicle  in,  as  affecting  . 
trustees  of,  accounting  duties,  etc.,  of,  proceedings  for  ju- 
dicial determination  of,  cost  of,  appropriation 
trustees  of  Eastern  Massachusetts  Street  Railway  Com- 
pany, regulation  by,  of  joint  rates  and  fares  with 

Boston  School  of  Pharmacy,  The,  degree  of  Bachelor  of  Science 
in  Pharmacy,  granting  by,  authorized  if,  etc.  . 

Brockton  Edison  Company,  lines,  poles,  etc.,  of,  in  city  of 
Brockton,  locations  validated  ..... 

Brown  Reflector  (Inc.),  revived  for  certain  purpose 

Cambridge  Junior  College,  degrees  of  Associate  in  Arts  and 
Associate  in  Science,  granting  by,  authorized  . 

Canton  Mutual  Liability  Insurance  Company,  receivership 
of,  expenses,  appropriation  ...... 

Clark  University,  Trustees  of,  membership  of  .  .  . 

Co-operative  Central  Bank,  The,  law  relative  to,  amended 

Courtney  Hardware  Co.,  payment  by  commonwealth  of  sum 
of  money  to,  for  materials  furnished    .  .        Resolve 

appropriation 572  |         Page~801 

Dean  Academy,  degrees  of  Associate  in  Arts  and  Associate  in 

Science,  granting  by,  authorized    .....     550 

Dedham  and  Hyde  Park  Gas  and  Electric  Light  Company, 
certain  property  of,  acquisition  by  city  of  Boston  and 
lease  thereof  to  Boston  Consolidated  Gas  Cojnpany,  ex- 
tension of  time  for  .  .  .  .  .  .163 

Dedham  Temporary  Home  for  Women  and  Children,  corporate 

powers  of,  relative  to   .  .  ..         .  .  .  .176  1,2 

Eastern  Massachusetts  Street  Railway  Company,  public  con- 
trol and  management  of,  period  of,  extended    .  .  .98  1-14 

Endicott  Incorporated,  name  changed  to  Endicott  Junior  Col- 
lege   ..........     554 

First  Universalist  Society  in  Waltham,  united  with  Beacon 
Universalist  Parish  and  church  affiliated  therewith,  and 
certain  provisions  made  relative  to  the  funds,  property, 
etc.,  of  said  corporations        ......      140  1-12 

Fitchburg  Gas  and  Electric  Light  Company,  lines,  poles,  etc., 

of,  in  city  of  Fitchburg,  locations,  etc.,  validated      .  .     300  1,  2 

Forest  Hills  Cemetery,  The  Proprietors  of,  constitution  of  a 
quorum  of,  and  investment  of  funds  of  said  corporations, 
relative  to 329  1-4 

General  Electric  Mutual  Benefit  Association,  further  benefits 

by,  to  members  and  their  dependents     .  .  .  .187  1,2 

Greater  Boston  Charitable  Trust,  Inc.,  incorporated       .  .221  1-5 

Isabella  Stewart  Gardner  Museum,   Incorporated,  The,  real 

estate  of,  in  Boston,  exempted  from  taxation  .  .     279 

J.  Puccia  &  Co.  Inc.,  revived        ......      106 

Laban  Pratt  Hospital,  establishment,  etc.,  in  town  of  Weymouth     404  1-9 

Lasell   Junior   College,   degrees  of  Associate   in   Arts  and   of 

Associate  in  Science,  granting  by,  authorized  .  .     552 

Lesley  School,  The,  degree  of  Bachelor  of  Science  in  Education, 

granting  by,  authorized  ......     553 

Massachusetts  Hospital  Life  Insurance  Company,  examination 

of,  by  commissioner  of  banks,  relative  to         .  .  .     143  1,  2 

Massachusetts  Society  for  the  Prevention  of  Cruelty  to  Ani- 
mals, agents  of,  visiting  by,  of  certain  places  used  for 
slaughtering  of  horses  and  mules,  etc.     ....     332  10 

Methodist  Religious  Society  in  Boston-,  Trustees  of,  number, 
qualifications  and  election  of  members  and  officers  of,  rela- 
tive to 205  1-3 


Index. 


1039 


Chap. 


CORPORATIONS  —  Concluded. 

special  provisions  relative  to  particular  corporations  — 

Concluded. 

Mixer  Brothers  Company,  The,  revived         .... 

Mutual  Savings  Central  Fund,  Inc.,  made  eligible  for  member- 
ship in  Savings  Banks  Employees  Retirement  Association 

Nantasket-Boston  Steamboat  Company,  Inc.,  steamboat  serv- 
ice provided  by,  between  town  of  Hull  and  city  of  Boston, 
contributions  by  said  town  toward  cost  of,  authorized 

New  England  School  of  Theology,  The,  degree  of  Bachelor  of 
Arts  in  Theology,  granting  by,  authorized 

New  England  Telephone  and  Telegraph  Company,  lines,  poles, 
etc.,  of,  Brockton,  city  of,  in,  locations  validated 
Fitchburg,  city  of,  in,  locations  validated 
North  Attleborough,  town  of,  in,  locations  validated 
Norwood,  town  of,  in,  locations  validated 
Peabody,  city  of,  in,  locations  validated 
Taunton,  city  of,  in,  locations  validated 

New  York,  New  Haven  and  Hartford  Railroad  Company,  con- 
tinued transportation  service  for  communities  served 
by,  action  to  assure,  investigation  relative  to,  con- 
tinued ......       Resolve 

appropriation  ........ 

special  investigation  of,  expenses  of,  appropriations 

Nutter's  System,  Inc.,  payment  of  sum  of  money  to,  by  city  of 
Boston        ......... 

Ohebei  Shalom,  name  changed  to  Temple  Ohabei  Shalom  and 

additional  holdings  of  property  by,  authorized 
Old  Colony  Railroad  Company,  continued  transportation  serv- 
ice for  communities  served  by,  action  to  assure,  investi- 
gation relative  to,  continued       .  .  .        Resolve 

appropriation      ........ 

Public  Library  of  the  City  of  Boston,  Trustees  of  the,  petition 
in  equity  by,  to  authorize  investment  and  appropriation 
of  funds  and  property  held  by  said  trustees,  act  authorizing 
West  Dennis  Cemetery  Corporation,  town  of  Dennis  author- 
ized to  receive  and  administer  the  property  of 
CORPORATIONS   AND   TAXATION,  DEPARTMENT   OF: 
in  general: 

appellate  tax  board  in  (see  Appellate  tax  board). 


appropriations  . 


laws,  certain,  levying  new  taxes,  administration  of,  appro- 
priations    ......... 

comniissioner: 

alcoholic  beverages  and  alcohol,  excise  tax  on  sales  of,  tem- 
porary additional,  collection,  etc.,  by,  time  of,  extended  . 

appeals  from  decisions  of  (see  Appellate  tax  board). 

Boston,  city  of,  sidewalk  assessments  in,  abatement  of,  powers 
as  to  ......... 

Brown  Reflector  (Inc.),  revival  of,  agreement  as  to  taxes  owed 
by  said  corporation,  filing  with      ..... 

charitable  and  certain  other  purposes,  corporations  for,  incor- 
poration, etc.,  of,  certain  powers  and  duties  as  to    . 

cigarette  tax,  temporary,  extension  of  time  during  which  to  be 
collected  by  .......  . 

collectors  of  taxes,  bonds  of,  partial  discharge  from  liability  on, 
upon  certification  of     . 


180 

249 

501 
536 


551 

11 

300 

10 

48 

245 

47 


35 

572/ 

68 
370  I 

271 
9 

35 

572/ 

218 
174 


68 
370 

513 

572 

68 

370 
,513 

423 

203 
173 
549 
407 
107 


Item  or 
Section. 


Subs.  58 


1,2 
1,  2 


1.2 
1,2 
1.2 
1.2 
1,2 
1.2 


0204, 
Page  798 

Page  96 
2301-09, 

2301-10 

1-3 
1-3 


0204, 
Page  798 


1-4 


1201-01  to 

1204-02; 

2970-03 
1201-01  to 

1204-02; 

2970-03 
1201-02  to 

1203-11; 
Page  666 

1201-01, 

Page  796 

1201-11  to 

1201-22 
1201-11  to 

1201-22 

1201-11 


2-6 


1040  Index. 


Item  or 
Chap.  Section. 


CORPORATIONS    AND    TAXATION,    DEPARTMENT    OP — 

Continued. 
commissioner  —  Concluded. 

collectors  of  taxes  —  Concluded. 

suspension  and  removal  of,  and  appointment  of  temporary 
collectors  under  certain  circumstances,  powers  and  duties 
as  to  .  .  .  .  .  •        _  .  ■  •     284 

corporate  names,  assumption  of,  powers  and  duties  as  to         .     295 

dissolution  of  corporations  by  supreme  judicial  court,  list  of 
corporations  so  dissolved,  furnishing  to  county  law  libra- 
ries by         ........  •     383 

domicile  of  decedents,  disputes  respecting,  settlement  of,  for 

death  tax  purposes,  powers  and  duties  as  to   .  .  .     428  1-3 

Edwards  Scholarship  Fund,  trustees  of,  annual  probate  account 

of,  filing  with       ........     480  1, 2 

excises,  certain,  abatements  in  connection  with,  powers  as  to  .     521  1,2 

gasoline,  etc.,  excise  on  sales  of,  law  relating  to,  act  making 

,  certain  changes  in,  as  affecting  powers  and  duties  of         .     420  1-4 

income   tax   law,    changes  in  administration  of,   as  affecting 

powers  and  duties  of    .  .  .  .  .  .  .45  1-5 

life  insurance  companies,  taxation  of,  powers  and  duties  as  to     .     531  1-7 

Mixer  Brothers  Company,  The,  revival  of,  agreement  as  to 

taxes  owed  by  said  corporation,  filing  with      .  .  .     180 

proprietors  of  wharves,  real  estate  lying  in  common,  general 
fields,  cemeteries,  etc.,  incorporation  of,  certificate,  record 
of  meeting,  etc.,  approval  by  ....  .     130  1 

salary  of,  relative  to  .  .  .  .  .  .  .  .     316 

shareholders,  lists  of,  etc.,  filing  by  certain  corporations,  etc., 

with 285  3 

ships  and  vessels,  corporations  interested  in,  excise  on,  powers 

as  to  .  .  .  .  .  .  .  .  •     395 

state  tax,  apportionment  and  assessment  of,  duties  as  to  .  .     568  1,5,9 

taxes  on  publicly  held  property,  loss  of,  reimbursement  of  mu- 
nicipalities for,  etc.,  special  commission  to  continue  inves- 
tigation as  to,  to  be  member  of      .  .  .        Resolve       64 

water  companies,  payment  of  premiums  by,  in  connection  with 
water  supply  from  metropolitan  water  system,  powers 
and  duties  as  to  .......     543  2 

divisions  of : 


68 


1203-01  to 


1203-21 

accounts,  appropriations     .  .  .  .  .  .  .  -j  qyri  /     1203-01  to 

'  "*'"  1  1203-21 
,513  1203-11 
director,  board  composed  of  attorney  general,  state  treas- 
urer and,  approval  by,  of  emergency  loans  by  coun- 
ties        _       .          .          .          .80 

approval  by,  of  renewal  of  certain  temporary  revenue 
loans  by  cities,  towns  and  districts  .  .  .  .60 

Cambridge,  city  of,  unpaid  bills  of,  shown  on  list  on  file 

in  office  of,  payment  authorized,  etc.   ....     354  1-4 

county  reserve  funds,  transfers  from,  to  other  accounts, 

approval  by     .  .  .  .  -  .  .     465  1 

county  tuberculosis  hospitals,  budget  estimates  of,  powers 

and  duties  as  to        .  .  .  .  ...     414  2 

districts,  borrowing  by,  prior  to  annual  appropriations, 

notes  issued  on  account  of,  certification  by  ...       61  1 

dog  laws,  changes  in,  as  affecting  powers  and  duties  .111  2,  3 

Fitchburg,  city  of,  unpaid  bills  of,  as  shown  on  list  on  file 
in  office  of,  appropriations  by  city  council  of  said  city 
for  payment  of,  etc.  ......     156  1-4 

Holyoke,  city  of,  unpaid  bills  of,  as  shown  on  list  on  file 

in  office  of,  payment  authorized  ....     486  1-4 

metropolitan  district  water  supply  system,  fees  for  admis- 
sion of  certain  cities  and  towns  to,  term  of  loans  for, 
fixing  by  .  .  .  .  .  .  .  .     543  1 

Peabody,  city  of,  unpaid  bills  of,  as  shown  on  list  on  file 

in  office  of,  payment  authorized,  etc.  .  .  .        _  .     324  1-4 

Salem,  city  of,  unpaid  bills  of,  as  shown  on  list  on  file  in 

ofiice  of,  payment  authorized,  etc.        ....     353  1-4 

Somerville,  city  of,  unpaid  bills  of,  as  shown  on  list  on  file 

in  office  of,  payment  authorized         ....     449  1-4 

temporary  increase  of  salaries  of  officers  and  employees  of 

counties,  except  Suffolk,  duties  as  to  .  .  .     224  7 


Index. 


1041 


CORPORATIONS  AND  TAXATION,  DEPARTMENT  OF 

Conchided. 
divisions  of  —  Concluded. 

income  tax,  appropriations  ..... 

CORRECTION,    DEPARTMENT   OF: 

in  general,  appropriations    ...... 


commissioner,  Norfolk,  town  of,  water  supply  for,  from  state 
prison  colony,  arrangements  as  to,  by     . 
prisoners,  capital  crimes,  iield  for,  removal  and  hospitaliza- 
tion of,  powers  as  to   . 
jails,  held  for  trial  in,  removal  to  jails  in  other  counties, 

powers  and  duties  as  to         . 
state  prison,  held  in,  removal  of,  to  Massachusetts  reforma- 
tory, powers  as  to         . 

pardons,  advisory  board  of,  appropriations  .... 

parole  board,  appropriations         ...... 

Correction,   houses   of    (see   Penal   and  reformatory  institutions, 

counties,  of). 
Correspondence  courses,  free,  advantages  of,  extension  to  present 
and  former  tubercular  patients  of  municipal  hospitals  and 
sanatoria    ......... 

Corrupt  practices  in  elections,  circulars  and  other  printed  matter 
intended  to  influence  action  of  voters,  distribution  of, 
relative  to  ........ 

corporations  affected  by  initiative  petitions,  activities  of,  under 
law  relating  to,  further  regulated  ..... 

relative  to     .........  . 

Costs,  appellate  tax  board,  appeals  from  local  assessments  to,  in, 
taxation  of  .  .  .  .  .     _     . 

proceedings  under  law  requiring  educational  institutions  to  fur- 
nish transcripts  of  records  of  students  in  certain  cases,  in  . 
workmen's  compensation  cases,  in,  included  in  determining  ex- 
cess of  damages  recovered  from  person  legally  liable  other 
than  insured        ........ 

Council  and  councillors  (see  Governor  and  council). 


Counsel  to  senate  and  house  of  representatives,  appropriations 


Chap. 


370 
513 


370 
513 

134_ 

120 

131 

113 

68 

370 

68 
370 


laws,  certain,  consolidation  and  arrangement  of,  etc.,  appropria- 
tions ......... 

COUNTIES: 

appropriations  for  maintenance,  etc.,  of  certain 

books,  etc.,  price  limitations  on,  under  Fair  Trade  Law,  so  called, 
exempted  from    ........ 

clerks  of  courts  of  (see  Clerks  of  courts). 

commissioners  (see  County  commissioners). 

employees  of  (see,  infra,  officers  and  employees  of). 

federal  grants  or  loans,  certain,  for  defense  public  works,  etc., 
extension  of  provisions  of  certain  enabling  acts  to  provide 
for,  acceptance  and  use  of,  by        . 

finances  of  (see  County  finance). 

functions  and  activities  of,  co-related  to  functions  and  activities 
of  federal,  state,  city,  town  and  district  governments, 
investigation  relative  to,  continued        .  .        Resolve 


403 

483 

273 
318 

430 

547 

432 

68 

370 


513 

)    68 
\370 

/465 
\527 

40 


58 


59 


Item  or 

Section. 


1202-01  to 
1202-02 

1202-01  to 
1202-21 
1202-01, 
1202-02 

1801-01  to 

1807-00 

1801-01  to 

1807-00 

1801-08; 

Page  666 


1801-21 
1801-21 
1801-21, 
1801-22 
1801-21  to 
1801-24 


1-3 

1,  2 
1-5 


0101-18, 
0101-19, 
0102-07, 
0102-10 
0101-18, 
0101-19, 
0102-07, 
0102-10 
0101-18, 
0101-19 
0102-16 
0102-16 

.  1-3 
1-4 


1042 


Index. 


COUNTIES  —  Concluded. 

institutions  of,  transfer  to  and  from,  and  maintenance  therein, 
of  patients  or  inmates  of  certain  state  institutions,  tempo- 
rarily providing  for      ....... 

law  libraries  of,  corporations,  certain,  dissolved  by  supreme  ju- 
dicial court,  furnishing  of  list  of,  to 
loans,  emergency,  by,  relative  to     . 

officers  and  employees  of,  in  general,  former,  temporarily  re- 
employed during  existing  state  of  war,  compensation  pay- 
able to        ........  . 

meals,  reimbursement  for  expenses  of,  while  traveling  at  ex- 
pense of  county,  regulated    ...... 

military  or  naval  forces,  in,  certain  payments  to,  authorized 

contingencies  arising  in  connection  with  service  of,  act 

meeting     ........ 

inclusion  of  certain  women's  auxiliary  military  and 
naval  units  within  operation  of    . 
salaries  of,  except  Suffolk  county,  temporarily  increased 
travel  allowances  for,  using  their  own  cars  on  county  busi- 
ness, limited         ........ 

employees,  group  life  and  general  or  blanket  accident  or  health 
insurance  policies,  issuance  to  members  of  associations  of, 
and  authorizing  pay-roll  deductions  on  account  of  such 
policies,  etc.         .  .  . 

workmen's  compensation  law,  self-insurance  under,  act  pro- 
viding for,  not  to  apply  to    . 
officers,  certain,  payments  of  compensation  or  salaries  of,  fur- 
ther regulated      ........ 

See  also  specific  titles  of  officers. 
penal  and  reformatory  institutions  of  (see  Penal  and  reformatory 

institutions), 
personal  property,  certain,  owned  by,  sale,  exchange  or  loan  of, 
to  United  States  during  existing  emergency,  authorized   . 
personnel  board,  county,  administrative  expenses  of,  appropria- 
tions ......... 

retirement  systems  (see  also  Retirement  systems  and  pensions). 

road  and  snow  removal  equipment,  certain,  use  of,  by,  during 

existing  state  of  war     ....... 

tax,  county,  basis  of  apportionment,  established 

granting  for  certain    ........ 

levying  of,  for  payment  of  debt  and  interest  in  certain  cases, 
act  making  provision  for       ...... 

training  schools  of,  juvenile  offenders  committed  to,  reimburse- 
ment by  towns  for  support  of         .  .  .  .  . 

treasurers  of  (see  County  treasurers), 
tuberculosis  hospitals  of  (see  Tuberculosis  hospitals). 
United  States,  contracts  with,  by,  for  use  and  occupation  of  cer- 
tain county  property,  authorized  .... 

defense  savings  bonds,  war  bonds,  etc.,  investments  in,  by 
authorized  ....... 

wildlife  refuges,  federal,  revenue  received  from,  disposition  of, 

by 

See  also  names  of  specific  counties. 
COUNTY   COMMISSIONERS: 

in  general,  appeals  transferred  from,  to  appellate  tax  board,  entry 
fee  made  same  as  for  appeals  directly  to  said  board 
county  officers  and  employees  in  military  or  naval  forces,  act 

authorizing  certain  payments  to,  acceptance  by 
county  officers,  certain,  compensation  or  salaries  of,  powers 

and  duties  as  to,  further  regulated  .  . 

emergency  loans  by  counties,  powers  and  duties  as  to     . 
military  or  naval  service  of  elected  county  officers,  filling  of 

vacancies  in  cases  of,  powers  and  duties  as  to 
personal  property,  certain,  owned  by  counties,  sale,  exchange 
or  loan  to  United  States  during  existing  emergency  by, 
authorized  ........ 

reserve  funds,  county,  transfers  from,  to  other  accounts  upon 
request  of  .  .  .  .  ... 

road  and  snow  removal  equipment,  certain,  leasing  of,  to  com- 
monwealth and  political  subdivisions  thereof  by 
salaries  of,  temporarily  increased  .  . 

state  institutions,  certain,  transfer  of  patients  or  inmates  of,  to 
county  institutions,  acceptance  by,  etc. 


Chap. 


422 


Item  or 

Section. 


1.  2 


383 
80 

502 

1.2 

465 

499 

2 

548  1,  5-8, 

10,  11 

172 
224 

1-9 

465 

3 

424 

1-7 

529  7,  Subs.  25B 

65 

214 
/  68 
\370 

474 

294 

/465 

\527 

39 

82 


5 
5 

463 

248 
499 

65 

80 

548 

214 

465 

474 
224 

422 


1203-21 
1203-21 


1,  2 


1.2 
2 

1.2 


416 
102 

1,2 

336 

3 

257 

1,2 

151 

1-5 

370 

8902-24 

/465 
\527 

1-3 
1-4 

Index.  1043 

Item  or 
Chap.  Section. 

COUNTY   COMMISSIONERS  —  Concluded. 
in  general  —  Concluded. 

tax,  county,  levying  of,  by,  for  payment  of  debt  and  interest  in 

certain  cases        ........       39 

tuberculosis  hospitals,  county,  budget  system  for,  etc.,  powers  f  414  1,  2 

and  duties  as  to  .  .  .  .  .  .  \  500  1 

United  States  defense  savings  bonds,  war  bonds,  etc.,  pur- 
chased by  counties,  reinvestment  of  proceeds  of,  powers 
and  duties  as  to  .......         5  2 

ways  other  than  state  highways,  laying  out  and  altering  of,  by 
department  of  public  works,  use  of  county  money  for, 
powers  and  duties  as  to  ..... 

Barnstable,  salaries  of,  further  regulated  .... 

Bristol,  clerk  of  courts,  second  and  third  assistant,  act  providing 
for,  acceptance  by        .  .  .  .  .  . 

Norfolk,  district  court,  east  Norfolk,  of,  act  establishing  salary 

of  present  third  assistant  clerk,  acceptance  by 
Plymouth,  Little  Herring  pond  in  town  of  Plymouth,  laying  out 

right  of  way  to,  by       . 
Worcester,  payment  to,  of  metropolitan  water  system  assessment 

upon  former  town  of  Dana,  appropriation 
See  also  Counties. 
COUNTY   FINANCE: 

appropriations  for  maintenance  of  certain  counties,  etc. 

county  officers  and  employees  in  military  or  naval  forces,  certain 

payments  to,  authorized        ......     499 

county  tax  (see  County  tax). 

county  training  schools,  juvenile  offenders  committed  to,  support 

of,  reimbursement  of  counties  for,  by  towns    .  .  .82 

federal  wildlife  refuges,  revenue  received  from,  disposition  of,  by 

counties      .........     463 

loans,  emergency,  relative  to  ......       80 

prisoners  held  in  jail  for  trial,  removal  of,  to  jails  in  other  counties, 

payment  for  cost  of  support  of,  relative  to      .  .  .     131 

rehabilitation  funds,  post-war,  establishment  of,  by  counties       .         5  2 

reserve  funds,  transfers  from,  to  other  accounts,  when  may  be 

made  .........     465  1 

retirement  systems,  counties,  of,  contributions  to,  on  account  of 
officers  and  employees  in  military  service,  special  funds 
provided  for,  except  in  Suffolk  and  Nantucket         .  .     419 

United  States  defense  savings  bonds,  war  bonds,  etc.,  investment 

in,  by  counties,  authorized    ......         5  2 

See  also  County  treasurers. 
County  law  libraries  (see  Libraries). 
County  officers  and  employees  (see  Counties). 

County  personnel  board,  administrative  expenses  of,  appropria-  /    68  1203-21 

tions .  .  \370  1203-21 

salaries  of  certain  officers  and  employees  of  counties,  except  Suf- 
folk county,  temporary  increase  of,  duties  as  to       .  .     224  1,  6,  7 

Worcester,  central  district  court  of,  clerks  and  assistant  clerks  of, 

classification  of,  by       .  .  .  .  .  .  .136  1-3 

County  retirement  systems  (see  Retirement  systems  and  pensions). 
County  tax,  basis  of  apportionment,  established    ....     294 

granting  for  certain  counties  .  .  .  .  .  .  .  <  roy  •        o 

levying  of,  for  payment  of  debt  and  interest  in  certain  cases,  act 

making  provision  for    .......       39 

County  training  schools,  juvenile  offenders  committed  to,  support 

of,  reimbursement  of  counties  for,  by  towns    .  .  .82 

COUNTY   TREASURERS: 

county  officers,  certain,  compensation  or  salaries  of,  powers  and 

duties  as  to,  further  regulated        .....       65 

emergency  loans  by  counties,  notes  issued  for,  powers  and  duties 

as  to  .  .  .  .  .  .  .  .  .80 

federal  wildlife  refuges,  revenue  received  from,  payment  to  mu- 
nicipalities by      .  .  .  .  .  .  .  .     463 

insurance,  group  life  and  general  or  blanket  accident  and  health, 
policies  of,  for  members  of  associations  of  county  em- 
ployees, pay-roll  deductions  on  account  of,  powers  and 
duties  as  to  .  .  .  .  .  .  .  .     424  4 

military  or  naval  service  of  elected  county  officers,  appointment 
of  temporary  registers,  etc.,  in  cases  of,  powers  and  duties 
as  to  .........     548  5 


1044 


Index. 


/149 

1533 

118 


126 


488 


Chap. 
COUNTY  TREASURERS  —  Concluded. 

United  States  defense  savings  bonds,  war  bonds,  etc.,  invest- 
ments in,  by  counties,  duties  as  to  .  .  .  .5 
Court  house,  Suffolk  county,  maintenance  cost,  reimbursement  of  f  370 
city  of  Boston  for  certain  portion  of,  appropriations         ,  \  513 
Courtney  Hardware  Co.,  payment  by  commonwealth  of  sum  of 

money  to,  for  materials  furnished  .  .       Resolve       70 

appropriation     .........     572  I 

Court  officers  and  messengers,  supreme  judicial  court,  in  attend-  f   68 
ance  upon,  salaries,  appropriations  .  .  .  .  \  370 

COURTS: 

Boston  municipal  (see  District  courts), 
clerks  of  (see  Clerks  of  courts;  District  courts), 
district  courts  (see  District  courts), 
land  court  (see  Land  court), 
probate  courts  (see  Probate  courts), 
probation  officers  (see  Probation  officers), 
superior  court  (see  Supreme  judicial  and  superior  courts), 
supreme  judicial  court  (see  Supreme  judicial  and  superior  courts), 
trial  justices  (see  Trial  justices). 
See  also  Judicial  council. 
Cows  (see  Cattle;  Slaughter  houses). 

Crabs,  edible,  taking  from  coastal  waters  in  Essex  county,  relative  to 

Credit  unions,  investments  by,  further  regulated  .   ' 

loans  insured  by  federal  housing  administrator,  making  by,  term 
of  act  authorizing,  further  extended,  and  further  author- 
izing certain  loans  so  insured  .... 
CRIMINAL   PROCEDURE   AND   PRACTICE: 

accessory  after  the  fact,  defense  of  relationship  in  prosecutions 
for  being,  relative  to    . 

appellate  division  in  superior  court  for  review  of  certain  sen- 
tences to  state  prison,  establishment,  etc. 

assault  and  assault  and  battery,  crimes  of,  penalty  for 

bail,  Admission  to,  of  persons  charged  with  sex  crimes,  so  called 
relative  to  ....... 

breaking,  entering,  etc.,  a  building,  ship  or  vessel  in  the  night 
time,  penalty  for,  amended  .  .  .  .  . 

chastity,  morality,  decency  and  good  order,  certain  crimes 
against,  relative  to        .....  . 

district  courts,  complaints  made  against  certain  persons  in,  hear- 
ings before  issuance  of  process  thereon,  providing  oppor- 
tunity for   .  .  .  .  .  .  .  . 

fraudulently  procuring  food,  etc.,  from  hotels,  etc.,  relative  to 

larceny  from  the  person,  penalty  for,  increased 

libel  of  groups  of  persons  because  of  race,  color  or  religion,  prose- 
cutions under  law  penalizing,  relative  to  .  .        ' 

marriage,  law  relating  to,  violations  and  false  statements,  certain 
under,  penalty  for,  revised    ..... 

parents,  certain  proceedings  against,  trial  of,  in  Boston  juvenile 
court,  authorized  ....... 

penal  code,  drafting  of,  investigation  relative  to,  con- 
tinued        .......       Resolve 

appropriation  ........ 

robbery  while  armed  with  dangerous  weapon,  punishment  for, 
regulated    ......... 

sentences,  certain,  to  state  prison,  appellate  division  in  superior 
court  for  review  of,  establishment,  etc.  .... 

stolen  or  embezzled  property,  crime  of  buying,  receiving  or  aid- 
ing in  concealment  of,  venue  of,  relative  to     . 

superior  court,  weekly  return  day  in,  entry  of  appeals  in  criminal 
cases,  and  suits  on  recognizances  and  bonds  given  in  such 
cases,  for,  providing  for,  etc. 

trial  of  crimes  by  district  court  justices  sitting  in  superior  court, 
law  providing  for,  duration  extended      .... 

See  also  Parole  board. 
Crippled  persons,  aid  to,  etc.,  investigation  relative  to  .        Resolve 
Crosby,  Nelson  B.,  former  member  of  present  house  of  representa- 
tives, widow  of,  payment  by  commonwealth  of  compen- 
sation to     ......  .       Resolve       43 

Cross  actions  (see  Actions,  civil). 


Item  or 
Section. 


2 

0318-01 

Page  665 


2820-14, 

Page  801 

0301-07 

0301-07 


1,2 


1-3 


1-3 


558 
259 

1,  2 
1.2 

330 

343 

1.2 

377 

349 
31 

518 

1,2 
1.2 

223 

312 

1,2 

87 

1,2 

60 

572/ 

0217, 
Page  798 

250 

1.2 

658 

1.2 

311 

1.2 

145 
244 

1.2 
3 

140 

38 

Index.  1045 


D. 


Item  or 
Chap.  Section. 


Dairy  and  agricultural  industry,  regulation  and  control  of,  inves- 
tigation relative  to        ....          .        Resolve       69 
appropriation 572  {        p^^f^T. 

Dairying  and  animal  husbandry,  division  of  (see  Agriculture, 

department  of). 
Damages,  chain  libel,  cases  of,  in,  mitigation  of,  relative  to     .  .     361 

eminent  domain  cases,  in  (see  Eminent  domain). 

libel  and  slander,  cases  of,  in,  etc.,  relative  to  .  .  .  .     350 

personal  injuries,  for  (see  Personal  injuries). 
Dance  halls,  term  "  place  of  assembly  "  under  certain  building  laws  to 

include  certain    ........     546  1 

Danvers,  state  hospital,  appropriations  .  .  .  .  .  /  ^^  J^}o~nn 

\ o7u  17 l^~uO 

town  of  (see  Cities  and  towns). 
Dartmouth,  town  of  (see  Cities  and  towns). 

Davis,  Bessie,  old  age  assistance  granted  to,  money  expended  by 
town  of  Natick  for,  reimbursement  by  commonwealth 
of  said  town  for  .....        Resolve       28 

appropriation 572  |        Pa^^T^g^g 

Edgar  B.,  premium  of  certain  bond  filed  in  state  of  Texas  to  per- 
mit suit  in  that  state  to  recover  judgment  against,  in  re- 
lation to  certain  unpaid  income  tax,  appropriation  .     370  1202-21 

f    68  1301-41 

Deaf  and  blind  pupils,  education  of,  appropriations  .  \  370  1301-41 

[513  1301-41 

Dean  Academy,  degrees  of  Associate  in  Arts  and  of  Associate  in 

ycicncc,  granting  by,  authorized    .....     550 

Death  benefits  (see  Fraternal  benefit  societies). 

Deaths,  actions  for,  proceeds  of  recovery  in  certain,  disposition  of, 

altered        .........     444  1,  2 

certificates,  certain,  relating  to,  in  office  of  state  secretary,  use  in 

evidence     .........     228  1,  2 

required  to  be  filed  with  notice  of  intention  of  marriage  of  party 
from  whom  divorce  has  been  granted  in  case  of  death  of 
other  party  ........     168  2 

federal  reservations,  taking  place  on,  relative  to,  etc.  .  .  .     408  1-3 

motor  vehicles,  caused  by,  security  for  satisfaction  of  judgment 
(see   Motor   vehicles,  liability  for   bodily  injuries,   etc., 
caused  by,  security  for), 
records  of,  soldiers,  sailors  and  marines,  of,  furnishing  without 

charge  in  certain  cases  of  copies  of         ...  .     484 

workmen,  of,  compensation  for  (see  Workmen's  compensation). 
Death  taxes  (see  Taxation). 

Debtors,  judgment,  supplementary  process,  under,  orders  for  pay- 
ment by,  relative  to     ......  .     292  1,  2 

Debts,  commonwealth,  of  (see  State  finance). 

Deceased  persons,  declarations  of,  admissibility  in  evidence  in  cer-  ( 105  1,  2 

tain  civil  judicial  proceedings,  relative  to        .  .  .  \  232 

domicile  of,  settlement  of  disputes  respecting,  for  death  tax  pur- 
poses, providing  for      .......     428  1-3 

estates  of  (see  Estates  of  deceased  persons). 
Decency,  etc.,  certain  crimes  against,  relative  to  .  .  .  .     377 

Decennial  census  (see  Elections). 

Declarations  of  deceased  persons,  admissibility  in  evidence  in  f  105  1,2 

certain  civil  judicial  proceedings,  relative  to   .  .  .  \  232 

Dedham,  and  Hj^de  Park  Gas  and  Electric  Light  Company,  certain 
property  of,  acquisition  by  city  of  Boston  and  lease  thereof 
to  Boston  Consolidated  Gas  Company,  extension  of  time 

for _ 163 

Temporary  Home  for  Women  and  Children,  corporate  powers 

of,  relative  to 176  1,  2 

town  of  (see  Cities  and  towns). 
Deeds,  acknowledgment  of,  etc.,  bj'  persons  in  military  or  naval  serv-  f  160  1,  2 

ice,  relative  to     .  .  .  .  .  .  .  .  \  548  9 

investigation  relative  to       ....  .        Resolve         6 

powers  of  appointment  created  by,  releases  and  disclaimers  of, 

authorized,  etc.   ........     152 

registers  and  registries  of  (see  Registers  and  registries  of  deeds). 
See  also  Real  property. 


1046 


Index. 


Deer,  damages  caused  by,  payment  by  commonwealth  of,  appropria- 
tions ......... 

heads,  hides  and  hoofs  of,  sale  of     . 
See  also  Game,  etc. 
Deer  Island,  pumping  station,  improvements  of  No.  2  pump,  so 
called,  at,  cost  of,  appropriation    .  .  .  .  . 

Defective  delinquents,  laws  relative  to,  changes  in         .  .  . 

Defects,  ways,  in  (see  Ways). 
Defense  bonds  (see  Bonds). 

Deficiency  appropriations  ....... 

Definitions  (see  Words  and  phrases). 
DEGREES: 

Babson  Institute,  granting  by,  of  certain,  authorized 

Becker  Junior  College  of  Business  Administration  and  Secre 

tarial  Science,  granting  by,  of  certain,  authorized 
Boston  School  of  Pharmacy,  The,  granting  by,  of  certain,  author- 
ized if,  etc.  .  .  .  .  . 

Cambridge  Junior  College,  granting  by,  of  certain,  authorized 
Dean  Academy,  granting  by,  of  certain,  authorized  . 
incorporation,  etc.,  of  corporations  with  power  to  grant 
Lasell  Junior  College,  granting  by,  of  certain,  authorized   . 
Lesley  School,  The,  granting  by,  of  certain,  authorized 
New  England  School  of  Theology,  The,  granting  by,  of  certain 
authorized  ....... 

Delinquents,  defective,  laws  relative  to,  changes  in,  act  making 

juvenile,  detention,  commitment  and  care  of,  pending  arraign- 
ment, examination  or  trial,  relative  to   . 
Delinquent  taxes,  collection  of,  interest,  charges  and  fees  for,  rela- 
tive to         .......  . 

Dennis,  town  of  (see  Cities  and  towns). 

Dental  dispensaries,  certain,  made  subject  to  laws  regulating  dis- 
pensaries and  exempting  from  said  laws  clinics  conducted 
by  licensed  hospitals    ....... 

Dental  examiners,  board  of  (see  Ci\nl  service  and  registration, 

department  of). 
DEPARTMENTS,    STATE: 

See  Commonwealth,  departments,  boards,  commissions,  etc.,  of: 
also  specific  titles  as  follows: 
Agriculture,  Department  of. 
Attorney  General. 
Auditor,  State. 

Banking  and  Insurance,  Department  of. 
Civil  Service  and  Registration,  Department  of. 
Conservation,  Department  of. 
Corporations  and  Taxation,  Department  of. 
Correction,  Department  of. 
Education,  Department  of. 
Industrial  Accidents,  Department  of. 
Labor  and  Industries,  Department  of. 
Mental  Health,  Department  of. 
Metropolitan  District  Commission. 
Public  Health,  Department  of. 
Public  Safety,  Department  of. 
Public  Utilities,  Department  of. 
Public  Welfare,  Department  of. 
Public  Works,  Department  of. 
Secretary,  State. 
Treasurer,  State. 
Dependent  children,  mothers  with,  aid  to  (see  Mothers  with  de- 
pendent children,  aid  to). 
See  also  Minors;  Parent  and  child. 
Deposit  books,  banks,  certain,  of,  loans  secured  by,  minimum  inter- 
est or  discount  charges  for,  act  authorizing 
verification  of,  during  existing  state  of  war   .... 

Depositions  (see  Industrial  accidents,  department  of). 
Deposits  (see  Banks  and  banking). 

Development  and  industrial  commission,  Massachusetts,  ap- 
propriations '........ 

Devlin,  Helen  N.,  acts  as  notary  public  vahdated  .  .       Resolve 

Disabled  persons,  aid  to,  etc.,  investigation  relative  to   .       Resolve 


Chap. 

/    68 

\370 

100 


370 
185 


513  / 
,572 

557 

555 

671 
556 
550 
549 
552 
553 

651 
185 

244 

179 


16 


Item  or 
Section. 

1004-35 
1004-35 


8802-22 
1-6 


Pages 

665-667 

Page  793 


1-7 


1-6 
1-4 


1-3 


27 
30 


68 

370 

19 
38 


1.  2 
1.2 


1603-01, 
1603-02 

1603-01, 
1603-02 


Index.  1047 

Item  or 
Chap.  Section. 

Disabled  veterans  (see  Veterans) . 

Discharged  prisoners  (see  Prisoners). 

Discount  charges,  savings  bank  and  trust  company  loans,  certain, 

on,  authorized     ........       27  1,  2 

Discovery,  petitions  for,  certain  proceedings  in  probate  courts  to  be 

entitled .       91 

Discrimination,  employment,  in,  because  of  race,  color,  religion  or 

nationality,  prohibited  .  .  .  .        Resolve       39 

Diseases,  communicable,  division  of  (see  Public  health,  department 
of), 
dangerous  to  public  health,  expenses  in  connection  with,  appro-  /    68  1907-08 

priations     .  .  . 1370  1907-08 

occupational  (see  Labor  and  industries,  department  of,  occupa- 
tional hygiene,  division  of). 
Dispensaries,  dental,  certain,  made  subject  to  laws  regulating  dis- 
pensaries and  exempting  from  said  laws  clinics  conducted 
by  licensed  hospitals  .  .  .  ...       16  1-3 

Dissolved  corporations,  list  of,  furnishing  to  county  law  libraries, 

providing  for        ........     383 

DISTRICT   ATTORNEYS: 

f    RQ  /     0310-01  to 

J    '^^  1  0310-09 

appropriations i  j     0310-01  to 


370 


0310-09 


145  1.  2 

244  3 


libel  of  groups  of  persons  because  of  race,  color  or  religion,  prose- 
cutions under  law  penalizing,  institution  by   .  .  .     223 
prisoners  held  in  jail  for  trial,  removal  of,  to  jails  in  other  coun- 
ties, approval  by           .......     131 

DISTRICT   COURTS: 

in  general,  actions  and  proceedings,  certain,  pending  in,  and  in 

superior  court,  trial  together  of ,  relative  to        .  .  .     369  1,2 

•       [    68  0304-01 

administrative  committee  of,  other  than  municipal  court  of  I  370  0304-01 

city  of  Boston,  appropriations    .  .  .  .  .   |  513  [        0304-01; 

[         \        Page  665 
motor  vehicle  tort  cases,  so  called,  practice  of,  by  justices 
of  district  courts,  authority  to  prohibit,  granted  to         .     101 
appeals  from,  to  superior  court,  in  criminal  cases,  weekly  re-  f 
turn  day  in  superior  court  for  entry  of,  providing  for,  etc.  \ 
of  tort  actions  arising  out  of  operation  of  motor  vehicles,  ^ 

bond  or  deposit  not  required  of  defendant  where  pay-  1  296  4,  6 

ment  of  judgment  is  secured  by  motor  vehicle  liability  [  437 
bond  or  policy  .  .  .  .  .  .         .  j 

appeals  to,  employment  security  law,  under  ....     534  6 

appellate  division  of,  trial  together  of  two  or  more  actions  or 
proceedings  pending  in  district  courts,  powers  and  duties 
as  to  .  .  .  .  •  ._         ._ 

clerks  of,  employment  security  law,  contributions,  interest  and 
penalties  under,  actions  to  enforce  payments  of,  powers 
and  duties  as  to  .  .- 

notice  to,  of  motions  for  trial  together  of  two  or  more  ac- 
tions or  proceedings  pending  in  district  courts 
salaries  of,  temporarily  increased       .  .  .  . 

complaints  made  in,  against  certain  persons,  hearings  before 
issuance  of  process  thereon,  providing  opportunity  for     . 
court  officers  of,  salaries  of,  temporarily  increased  . 
emplojrment  security  law,  contributions,  interest  and  penal- 
ties under,  actions  to  enforce  payment  of,  in,  relative  to  .     373 
insurance  companies,  hospital  employees  negotiating  settle- 
ment of  personal  injury  claims  with,  complaints  alleging 
violation  of  law  prohibiting,  jurisdiction  relative  to  .  .     293 

justices,  legitimation  of  illegitimate  children,  affidavits  of  ad- 
judication of  paternity  in  cases  of,  approval  by       .  .       72  2 
motor  vehicle  tort  cases,  so  called,  practice  of,  by,  authority 
to  prohibit,  granted  to  administrative  committee  of  dis- 
trict courts,  other  than  municipal  court  of  city  of  Boston  .     101 
salaries  of,  temporarily  increased       .          .          .          .          .     224  2 

special,  retirement  or  resignation  of,  pensions  upon,  relative 

to  .  . 398 

salaries  of,  temporarily  increased  .....     224  2 

/    />Q  n^n^ 1  ^ 

services  of  certain,  reimbursement  of  counties,  appropria-     „_„  0302-13 

^io'^s 1 613  Page  665 


369 

1,  Subs.  2A 

373 

369 

224 

1,  Subs.  2 A 
2 

349 

224 

1,2 
2 

1048 


Index. 


Item  or 
Section. 


0302-11  to 
0302-13 

0302-11  to 
0302-13 


2 
1-6 


1,  2 

1,  2 
1-3 


.       44 

1 

61 

1.  2 

.       60 

.'       75 

1-5 

5 

1,  5 

Chap. 
DISTRICT    COURTS  —  Concluded. 
in  general  —  Concluded. 
justices  —  Concluded. 

superior  court,  sitting  in,  compensation  and  expenses  of, 

appropriations       .  .  .  .  .  .  .   i  g^Q 

trial,  etc.,  of  certain  criminal  cases  by,  law  providing 
for,  duration  extended  ......     140 

probation  officers  of,  salaries  of,  temporarily  increased   .  .     224 

tort,  actions  of,  arising  out  of  operation  of  motor  vehicles,  law  f  296 
giving  exclusive  original  jurisdiction  to,  repealed,  etc.     .  \  437 
special  provisions  for  particular  courts : 

Boston,  municipal  court  of  the  city  of,  a  justice  of,  to  be  ap- 
pointed by  governor  as  a  member  of  special  commis- 
sion to  investigate  problem  of  drunkenness  .        Resolve       62 
probation   officers   of,   parents   placed  on   probation  by 

Boston  juvenile  court,  supervision  of,  by,  etc.      .  .       87 

special  justices  of,  retirement  or  resignation  of,  pensions 
upon,  relative  to       ......  .     398 

East  Norfolk,  district  court  of,  present  third  assistant  clerk, 
salary  established         .......     257 

Worcester,  central  district  court  of,  clerks  and  assistant 
clerks  of,  classification  of,  by  county  personnel  board        .     136 
See  also  Boston  juvenile  court. 
DISTRICTS: 

in  general,  books,  etc.,  price  limitations  on,  under  Fair  Trade 

Law,  so  called,  exempted  from       .....       40 

borrowing  of  money  by,  federal  emergency  unemployment 
relief  projects,  etc.,  on  account  of  . 
prior  to  annual  appropriations,  relative  to 
revenue  loans,  temporary,  renewal  of  certain 
emergency  appropriations,  during  existing  state  of  war,  by 
authorized  ....... 

purchase  of  war  bonds,  etc.,  for,  by,  further  regulated  . 
federal  grants  or  loans,  certain,  for  defense  public  works,  etc. 
extension  of  provisions  of  certain  enabling  acts  to  provide 
for,  acceptance  and  use  of,  by       .  .  .  .  .58 

functions  and  activities  of,  co-related  to  functions  and  activi- 
ties of  federal,  state,  county,  city  and  town  governments, 
investigation  relative  to,  continued         .  .        Resolve       59 

moderators  of  (see  Moderators). 

officers  and  employees  of,  in  general,  former,  temporarily  re- 
employed during  existing  state  of  war,  compensation 

payable  to 502  1,2 

military  or  naval  forces,  in,  contingencies  arising  in  con- 
nection with  service  of,  act  meeting      .  .  .     548  1,2,5-8,10,  11 
inclusion  of  certain  women's  auxiliary  military  and 

naval  units  within  operation  of    .  .  .  .172 

employees  of,  workmen's  compensation  law,  self-insurance 

under,  act  providing  for,  not  to  apply  to  .  .  . 

retirement  systems  of,  contributions  to,  on  account  of  officers 

and  employees  in  military  service,  special  funds  provided  for    419 
road  and  snow  removal  equipment,  certain,  use  of,  by,  during 

existing  state  of  war     ......_.     474 

United  States,  contracts  with,  by, -for  use  and  occupation  of 

certain  district  property,  authorized       ....         5 

defense  sa\4ngs  bonds,  war  bonds,  etc.,  investments  in,  by, 

authorized  .  .  .  .  .  .  .  .5 

fire,  metropolitan  system  of  water  works,  furnishing  of  water  f  543 
from,  to  certain  .  .  .  .  .  .  .  .  \  567 

Palmer  Fire  District  Number  One  of  Palmer,  chief  engineer  of, 

placing  of  office  under  civil  service  laws  authorized  .  .     399 

Three  Rivers  Fire  District  of  the  town  of  Palmer,  authorized 

to  establish  system  of  water  supply        ....     325 

fire  and  water,  metropolitan  system  of  water  works,  furnishing  f  543 
of  water  from,  to  certain       .  .  .  .  .         .  \  567 

water  supply,  emergency  sources  of,  further  provisions  for 

taking  of,  by        .  .  .  .  .  .  .  .     475 

metropolitan  (see  Metropolitan  districts). 

water,  aid  to  municipal  or  district  water  departments,  etc.,  by, 

authorized  .  .  .  .  .  .  .125 

commissioners,  police  officers  and  agents  of,  authorized  to  enter 

premises  within  water  shed  of  certain  sources  of  water  supply      84 

metropolitan  system  of  water  works,  furnishing  of  water  from,  f  543 

to  certain  .........  \  567 


529     7,  Subs.  25B 


1,2 

4 

1,  6 

1,3 

3 

1,  2 

1-13 

1,3 

3 

1,  2 


1,3 
3 


Index.  1049 

Item  or 
Chap.  Section. 

DIVISIONS,   STATE   DEPARTMENTS,   OF: 

See  Commonwealth,  departments,  boards,  commissions,  etc.,  of; 
Departments,  state;  and  specific  titles  as  follows:  — 
Accounts  (see  Corporations  and  Taxation,  Department  of). 
Adult  Hygiene  (see  Public  Health,  Department  of). 
Aid  and  Relief  (see  Public  Welfare,  Department  of). 
Apprentice  Training  (see  Labor  and  Industries,  Department  of) . 
Banks  and  Loan  Agencies  (see  Banking  and  Insurance,  De- 
partment of). 
Biologic  Laboratories  (see  Public  Health,  Department  of). 
Blind  (see  Education,  Department  of). 
Child  Guardianship  (see  Public  Welfare,  Department  of). 
Child  Hygiene  (see  Public  Health,  Department  of). 
Civil  Service  (see  Civil  Service  and  Registration,  Department 

of). 
Commercial  Motor  Vehicle  (see  Public  Utilities,  Department 

of). 
Communicable  Diseases  (see  Public  Health,  Department  of). 
Dairying  and  Animal  Husbandry  (see  Agriculture,  Depart- 
ment of). 
Employment  Security  (see  Labor  and  Industries,  Department 

of). 
Fire  Prevention  (see  Public  Safety,  Department  of). 
Fisheries  and  Game  (see  Conservation,  Department  of). 
Food  and  Drugs  (see  Public  Health,  Department  of). 
Forestry  (see  Conservation,  Department  of). 
Immigration   and  Americanization   (see  Education,   Depart- 
ment of). 
Income  Tax  (see  Corporations  and  Taxation,  Department  of) . 
Inspection  (see  Public  Safety,  Department  of). 
Insurance  (see  Banking  and  Insurance,  Department  of). 
Juvenile  Training  (see  Public  Welfare,  Department  of). 
Libraries,  Public  (see  Education,  Department  of). 
Liquidations  (see  Banking  and  Insurance,  Department  of). 
Livestock  Disease  Control  (see  Agriculture,  Department  of). 
Marine  Fisheries  (see  Conservation,  Department  of). 
Markets  (see  Agriculture,  Department  of). 
Milk  Control  (see  Agriculture,  Department  of). 
Necessaries  of  Life  (see  Labor  and  Industries,  Department  of). 
Occupational  Hygiene  (see  Labor  and  Industries,  Department 

of). 
Parks  and  Recreation  (see  Conservation,  Department  of). 
Plant  Pest  Control  and  Fairs  (see  Agriculture,  Department  of). 
Registration  (see  Ci^-il  Service  and  Registration,  Department  of) . 
Sanitary  Engineering  (see  Public  Health,  Department  of). 
Savings  Bank  Life  Insurance   (see  Banking  and  Insurance, 

Department  of). 
Securities  (see  Public  Utilities,  Department  of). 
Smoke  Inspection  (see  Public  Utilities,  Department  of). 
Standards  (see  Labor  and  Industries,  Department  of). 
State  Police  (see  Public  Safety,  Department  of). 
Telephone  and  Telegraph  (see  Public  Utilities,  Department  of). 
Tuberculosis  (see  Public  Health,  Department  of). 
Water  and  Sewage  Laboratories  (see  Public  Health,  Depart- 
ment of). 
Waterways  (see  Public  Works,  Department  of). 
Wildlife  Research  and  Management  (see  Conservation,  De- 
partment of). 
Divorce,  marriage  of  party  from  whom  granted,  in  case  of  death  of 

other  party,  relative  to  .  .     _      -  ■  .168  1,2 

proceedings  for,  naming  of  third  persons  in,  relative  to       .  .196  1-2 

Doctors  (see  Physicians). 
Doggett,  Thomas  T.,  Senior,  payment  by  town  of  Dedham  of  sum 

of  money  to  .......       96 

Dog  racing  meetings  (see  Horse  and  dog  racing  meetings,  etc.). 
Dogs,  harboring,  etc.,  unauthorized,  of  dogs  of  another,  etc.,  without 
reporting  to  police,  etc.,  further  provisions  relative  to 
kennels,  licensing  of,  further  regulated     ..... 

licenses  for,  etc.,  further  regulated  ..... 

Domestic  corporations  (see  Corporations). 

Domestic  servants,  workmen's  compensation  law  to  be  elective  as  to     529  3 

Domicile,  decedents,  of,  settlement  of  disputes  respecting,  for  death 

tax  purposes,  providing  for  ......     428  1-3 

Doorkeepers  (see  General  court). 


93 

111 

1,3 

111 

1-4 

1050 


Index. 


Dorchester  district  of  city  of  Boston,  Malibu  beach  in,  sanding  of 

appropriation     ......... 

Doubleheader  baseball  games,  so  called  (see  Baseball). 

Douglas,  town  of  (see  Cities  and  towns). 

Drafts  (see  Checks,  negotiable). 

Drinks  (see  Alcoholic  beverages). 

Druggists  (see  Pharmacists). 

Drugs,  food  and,  division  of  (see  Public  health,  department  of). 

inspection  in  department  of  public  health,  appropriations 


narcotic,  act  making  clear  that  marihuana  or  marijuana  is  sub- 
ject to  certain  laws  relating  to       ._         .  .  . 
analysis  of,  etc.,  and  admissibility  in  evidence  of  certificates  of 
analysis,  relative  to      ......  . 

search  and  seizure  of  certain,  laws  relative  to,  further  regulated  . 
Drummey,   William  W.,  payment  by  commonwealth  of  sum  of 
money  to,  as  compensation  for  services,  etc.,  made  neces- 
sary by  hurricane  and  floods  of  1938      .  .       Resolve 
Drunkenness,  problem  of,  in  commonwealth,  investigation  relative 
to       .......  .        Resolve 

appropriation     ......... 

Dudley,  town  of  (see  Cities  and  towns). 
DUKES    COUNTY: 

appropriations  for  maintenance  of,  etc.    ..... 

inland  waters  in,  stocking  with  fish,  relative  to 
sheriff,  traveling  expenses  incurred  by,  in  transportation  of  pris- 
oners, payment  of,  by  ...... 

tax  levy        .......... 

Dussault,  John,  given  preference  for  re-employment  in  labor  service 
of  city  of  Cambridge    ....... 

Dutch  elm  disease,  so  called,  work  in  connection  with,  appro- 
priations    ......... 

Dwelling  houses,  domestic  life  insurance  companies  authorized  to 
purchase,  etc.,  for  purpose  of  maintaining  low  rental  hous- 
ing projects  therein      ....... 

unfit,  certain,  powers  of  boards  of  health  relative  to 

See  also  Housing  authorities. 


Chap. 
446 

572  I 


370 
513 


305 


331 
357 


63 

62 
572 


/465 

\527 

216 

159 
/465 
1527 

264 
68 

370  I 


207 
468 


Item  or 
Section. 

8602-32, 
Page  798 


2012-01, 
2012-02 

2012-01, 
2012-02 

2012-01, 
2012-02 

1.2 

1.2 


0240, 
Page  800 


1 
2-4 
1-3 

1,2 
1 
3 


1341-83 
0909-14, 
1341-83 


1-4 


E. 

East  Boston,  airport,  cost  of  operation  of,  appropriations 

improvement,  development,  etc.,  of,  and  designated  as  General 
Edward  Lawrence  Logan  Airport 
armory  in,  erection  of,  investigation  by  armory  commission  rela- 
tive to         ......  .        Resolve 

pier  five  at,  appropriations      ....... 

tunnel,  vehicular  (see  Sumner  Tunnel). 

Eastern  Massachusetts  Street  Railway  Company,  public  con- 
trol and  management  of,  period  of,  extended 

Economic  and  other  conditions,  post-war  problems  relating  to, 
survey  and  study  of     .  .  .  .  .        Resolve 

appropriation    ......... 

Edgartown,  town  of  (see  Cities  and  towns). 

Education,  adult,  English  speaking  classes,  appropriations 

deaf  and  blind  pupil.s,  of,  appropriations  .... 

See  also  Colleges  and  universities;  Schools;  Vocational  education. 


■  68 
370 
513 

'528 
,567 

58 

■  68 
370 


98 

71 

572 

68 

370 

513 
'  68 
370 
513 


3132-14 
3132-14 
3132-14 

1-8 
1 


3132-02 
3132-02 


1-14 


0246, 
Page  801 

1301-64, 
1301-65 

1301-64, 
1301-65 
1301-64 
1301-41 
1301-41 
1301-41 


Index. 


1051 


Chap. 

Educational  institutions,  employees  of  certain,  workmen's  com- 
pensation law  to  be  elective  as  to            .          .          .  .     529 

regulation,  further,  of  certain           .          .          .          .          ■  •     549 

transcripts  of  records  of  students,  furnishing  of,  by,  required  in 

certain  cases         .           .           .           .           .           .           •  •     547 

See  also  Colleges  and  universities;  Schools. 
EDUCATION,   DEPARTMENT    OF: 


in  general,  appropriations 


blind  persons,  aid  to,  records  concerning,  etc.,  inspection  and 
disclosure  of,  relative  to    .  .  .  ... 

transfer  from,  to  department  of  public  welfare,  investiga- 
tion relative  to  .....        Resolve 

correspondence  courses,  free,  furnishing  to  present  and  former 
tubercular    patients    of    municipal    hospitals    and    sana- 
toria ,......-. 

school  services,  extended,  for  children  of  employed  mothers, 
providing  for,  approval  by,  etc.     ..... 

advisory  board  of  education,  collegiate  authority,  board  of, 
to  be  members  of  ......  ■ 

collegiate  authority,  board  of,  establishment,  powers,  duties, 
etc.    .  .  .  .  . 

requirements  of,  compliance  with,  by  The  Boston  School  of 
Pharmacy  as  a  prerequisite  to  the  granting  of  certain  de- 
gree by  said  school       !.....• 

commissioner,  collegiate  authority,  board  of,  to  be  member  of 

vocational  education,  federal  funds  for,  powers  as  to       . 
divisions  of: 

blind,  aiding  of  blind  persons  by,  relative  to  .  .  . 


appropriations 


370 

^513^ 

572  I 

169 
38 

403 
493 
549 
549 

571 
549 
540 

526 

68 

370 
513 
572 


director  of,  information  to,  by  hospitals,  etc.,  relative  to 
blind  persons,  further  provisions  for  .  . 

persons  employed  by,  compensation  of,  temporarily  in- 
creased       ......... 

immigration  and  Americanization,  appropriations 


libraries,  public,  appropriations 


vocational  education,  appropriations    . 


teachers'  retirement  board,  appropriations 


See  also  Retirement  systems  and  pensions. 
Edwards  Scholarship  Fund,  charitable  trust  known  as,  exempted 
from  taxation       ........ 

Election  officers  (see  Elections), 


170 

68 

370 

68 
370 

68 

370 
513 

68  I 
356 
370  I 
513 

480 


Item  or 
Section. 


3 

1-7 


1301-01  to 

1341-97 

1301-01  to 

1341-98 

1302-02  to 

1341-79; 

Page  666 

1304-08, 

Page  797; 

1305-07  to 

1331-00 


2 

1 

1,3 


1304-01  to 

1304r-10 

1304-08  to 

1304-27 

1304-03  to 

1304-10 

1304-08, 

Page  797 

1.2 

3 

1302-01, 

1302-02 

1302-01, 

1302-02 

1303-01, 

1303-02 

1303-01, 

1303-02 

1301-30  to 

1301-32 

1301-30  to 

1301-32 

1301-31 

1305-01  to 

1305-03 

1,  2 

1305-01  to 

1305-06 

1305-02 


1,2 


1052 


Index. 


ELECTIONS: 

absent  voting,  residents  of  commonwealth  in  armed  forces,  by, 
relative  to  ........ 

voters,  by,  who  by  reason  of  physical  disability  are  unable  to 
vote  in  person,  proposed  amendment  to  constitution  pro- 
viding for  ......... 


appropriations       .......... 

armed  services,  persons  in,  proper  identification  of,  at  polls,  re- 
storing to  voting  lists  the  names  of  such  persons  stricken 
therefrom,  etc.,  providing  for  ..... 

ballot  boxes,  furnishing  of,  to  cities  and  towns,  relative  to  . 

ballot  labels,  providing  of,  when  voting  machines  are  used,  rela- 
tive to         ........  • 


Chap. 


ballot  law  commission,  appropriations 


390 


68 

370 
513 


253 
240 


281 
370 


572 


Item  or 
Section. 


1-15 


ballots,  absent  voting,  used  in,  residents  of  commonwealth  in 

armed  forces,  for,  relative  to  ....  .     390 

preparing,  printing  and  distribution  of,  appropriations 

providing  of,  relative  to       . 

recounts  of,  relative  to         ......  . 

sample,  providing  of,  where  voting  machines  are  used    . 
Beverly,    biennial   municipal   elections   in,    holding   of,   in   odd- 
numbered  years,  providing  for,  and  establishing  date  of 
said  elections       .  .  .  .  .        ,  . 

candidates  for  office,  expenses  and  receipts  of,  further  regulated  . 
nominations  of,  act  making  correctional  changes  in  laws  per- 
taining to,  etc.     .  .  .       -  . 

state  elections,  special,  at,  relative  to  ...  . 

caucuses,  laws  relating  to,  act  making  correctional  changes  in, 
etc.    .  .  .  .  .  .  ... 

Chicopee,  biennial  municipal  elections  in,  holding  of,  in  odd- 
mmibered  j^ears,  providing  for,  and  establishing  date  of 
said  elections       .  .  .  .  .  .  ■  . 

circulars  and  other  printed  matter  intended  to  influence  action 
of  voters  at,  distribution  of,  relative  to  ... 

city  committees  (see,  infra,  political  committees). 

city  elections,  preliminary,  registration  of  voters  prior  to  . 


/  68 
•  \370 
.  281 
.  417 
.     290 


112 
318 

334 
•  50 
.334 

334 


city  primaries  (see,  infra,  primaries). 

committees,  political  (see,  infra,  political  committees). 

corrupt  practices: 

campaign  expenses  of  candidates,  further  regulated 

circulars  and  other  printed  matter  intended  to  influence  action 

of  voters,  distribution  of,  relative  to      .  .  . 

corporations  affected  by  initiative  petitions,  activities  of,  pro- 
visions of  law  relative  to,  amended  .... 

election  petitions,  so  called,  bringing  of,  in  connection  with     . 
relative  to  .  .  .  .  .  .  .  .        _  ■ 

election  officers,  absent  voting  by  residents  of  commonwealth  in 
armed  forces,  powers  and  duties  as  to      . 
cities,  in,  appointment  of    .  .      _    .  .  . 

correctional  changes  in  laws  pertaining  to  elections,  act  mak- 
ing, as  affecting  powers  and  duties  of      . 
election  petitions  for  corrupt  practices,  further  regulated     . 
expenses  and  receipts  of  candidates  and  political  committees,  fur- 
ther regulated,  etc.        .  .  .  .  .  . 

Haverhill,  biennial  municipal  elections  in,  holding  of,  in  odd- 
numbered  years,  providing  for,  and  establishing  date  of 
said  elections        ........ 

preliminary  elections  in,  polling  hours  at        . 
Hopkinton,  annual  town  election  in,  time  of  holding  changed, 
etc.    .  .  .  .  .  .  .  .  . 

information,  certain,  furnishing  of,  to  voters  using  voting  ma- 
chines at     ........  . 


25 

483 

/109 
\453 


318 

483 

273 
318 
318 

390 
230 

411  I 

318 

318 


139 

138 


454 
290 


Page  84fi 

0504-01  to 

0504-03 

0504-01  to 

0504-07 

0504-03 


1.2 


0425-01, 
0425-02 
0425-01, 
Page  795; 
0425-02, 
Page  796 

1-15 

0504-01 

0504-01 

1 


1-5 
1,3 

1-17 

2 

1-17 

1-9 

1-3 

1,2 
22 

1,3 

1-3 

1.2 

4 

1-5 


4-8,  15-22, 
26 

4 

1-5 


1-4 
1-3 


Index.  1053 


Item  or 

Chap.  Section. 
ELECTIONS  —  Continued. 

1 334  1-17 

laws  relating  to,  acts  making  correctional  changes  in  certain       .  -^  411  1-26 

[ 453  1-32 
revision  of,  investigation  relative  to,  continued     .        Resolve       57 

r    68  0227 

appropriations     .          .          ,          .          .          .          .          .  K  ^79  /  0227, 

[^'"^X  Page  797 
Lowell,  candidates  for  elective  municipal  office  in,  filing  of  certain 

statements  and  petitions  by         ....          .     352  1,  2 
maps  or  descriptions  of  new  voting  precincts  and  polling  places 

therein,  posting  or  mailing  of,  relative  to          .          .          .     209  1,  2 
nomination  of  candidates,  act  making  correctional  changes  in 

laws  pertaining  to,  etc.          ......     334  1-17 

state  elections,  special,  at,  relative  to   .  .  .  .  .  I  ooV  o 

state  primaries,  at,  by  a  political  party,  candidates  required  to 
be  certified  as  enrolled  members  of  such  party  by  registrars 
of  voters  of  cities  or  towns  where  such  candidates  are 
registered  voters  .......       53 

See  also,  infra,  primaries, 
pasters  or  stickers,  primaries,  state,  city  or  town,  at,  use  of, 
relative  to  ........ 

voting  machines,  for  use  in  connection  with  furnishing  of, 
Peabody,  regular,  preliminary  and  special  city  elections  in,  poll- 
ing hours  at         .......  . 

political  committees,  in  general,  expenses  and  receipts  of,  fur- 
ther regulated      ........ 

term  more  fully  defined  ....... 

city,  election  officers,  appointment  of,  powers  and  duties  as  to, 

further  regulated  .......     230 

ward,  election  officers,  persons  desiring  appointment  as,  lists 

of,  submission  by,  further  provisions  relating  to        .  230 

polling  places  and  voting  precincts,  new,  maps  or  descriptions  of, 

posting  or  mailing  of,  relative  to   .  .  .  .  .     209  1,  2 

precincts,  new,  and  polling  places  therein,  maps  or  descriptions  of, 

posting  or  mailing  of,  relative  to   .....     209  1,2 

preliminary,  cities,  certain,  in,  registration  of  voters  prior  to 


301 
310 

4 

129 

318 
318 

1-3 
6 

rio9  1,2 

\  453  22 


cities,  in,  filing  certain  nomination  statements,  petitions,  etc., 
by  candidates  to  be  voted  for  at,  time  for,  and  relative  to 
certification  of  names  of  signers  of  such  petitions,  etc.     .     229  1-3 

presidential  primaries  (see,  infra,  primaries,  presidential), 
primaries,  city  and  town,  pasters  or  stickers  for  use  at,  relative  to    301 

laws  relating  to,  act  making  correctional  changes  in,  etc.  .     334  1-17 

revision  of,  investigation  relative  to,  continued   .        Resolve       57 

r    68  0227 

appropriations  .  .  .  .  .  .  .  j  51^2  /  0227, 

[         \        Page  797 
presidential,  powers  and  duties  of  state  ballot  law  commission 

relative  to  ........       43 

recounts  of  ballots  at,  etc.,  relative  to  ....     417 

state,  candidates  for  nomination  by  a  political  party  at,  certifi- 
cation of,  as  enrolled  members  of  such  party  by  registrars 
of  voters  of  cities  or  towns  where  such  candidates  are 
registered  voters  .......       53 

pasters  or  stickers  for  use  at,  relative  to     .  .  .  .     301 

special,  powers  and  duties  of  state  ballot  law  commission 
relative  to  ........       43 

questions  submitted  to  voters,  provisions  of  corrupt  practices 
law  relative  to  influencing  votes  on,  by  certain  corpora- 
tions, amended    ........     273  1,  2 

recounts  of  ballots,  conduct  of,  relative  to  ...  .     417 

petitions  for,  relative  to       ......  .     334  16 

registrars  of  voters,  absent  voting  by  residents  of  commonwealth 

in  armed  forces,  powers  and  duties  relative  to  .  .  .     390     2,  5,  7-10,  13 

candidates  for  nomination  by  a  political  party  at  state  prima- 
ries, certification  of,  as  enrolled  members  of  such  party, 
duties  as  to,  further  regulated        .....       53 

f '3'iA      3    11    12    17 

election  laws,  acts  making  correctional  changes  in,  as  affecting  j  a-,-,        '      '      '  -,4 

powers  and  duties  of    .  .  .  .  .  .  •  1  45Q  9-'?3 

inns,  lodging  houses  and  public  lodging  houses,  securing  of  certain 
information  relative  to  persons  residing  at,  in  connection 
with  registration  thereof  as  voters,  powers  and  duties  as  to    320  1-4 


1054  Index. 

Item  or 
Chap.  Section. 

ELECTIONS  —  Concluded. 

registrars  of  voters  —  Concluded. 

listing  as  voters  of  persons  in  armed  services,  and  restoring  to 
voting  lists  the  names  of  such  persons  stricken  therefrom, 
duties  as  to  .  .  .  .  .     253  1,  2 

nomination  of  candidates,  etc.,  act  making  correctional  changes 

in  laws  pertaining  to,  as  affecting  powers  and  duties  of     .     334     3,  11,  12,  17 
recounts  of  ballots  at  primaries  and  elections,  powers  and 

duties  as  to,  further  regulated        .....     417 

registration  by,  of  persons  claiming  citizenship,  relative  to        .     108 
town  meeting  members,  nomination  papers  of  candidates  for 

re-election  as,  submission  to,  etc.  .....     453  4 

voting  lists,  state  wide  verification  of,  powers  and  duties  as  to  .     537  1—4 

registration  as  voters  of  persons  claiming  citizenship,  relative  to  .     108 
senator  in  congress,  vacancies  in  office  of,  filling  of     .  .  .49 

Somerville,  non-partisan  municipal  elections  in,  relative  to  .     124  1,  2 

state  committees  (see,  supra,  political  committees), 
state  elections,  senator  in  congress,  vacancies  in  office  of,  filling  of,  at       49 
special,  nomination  of  candidates  for  offices  to  be  filled  at,  /    50 

relative  to \  334  2 

powers  and  duties  of  state  ballot  1  aw  commission  relative  to       43 
state  primaries  (see,  supra,  primaries), 
stickers  (see,  supra,  pasters  or  stickers). 

Stoughton,  annual  town  elections,  etc.,  of,  changing  time  of  hold- 
ing   .  .8  1,  2 

town  committees  (see,  supra,  political  committees). 

town  elections,  election  of  officers  at,  correctional  change  in  law 

relating  to  ........     453  3 

town   meeting  members,   certain,   in   towns,   placing  of  words  'I       i  i    o 

"candidate  for  re-election"  on  official  ballots  at  elections  \  ^co  '  4 

of,  etc.        .  .  .  .  .  .  .  .  .  J 

town  primaries  (see,  supra,  primaries). 

verification,  state  wide,  of  voting  lists      .....     537  1-4 

voters,  armed  forces,  in,  absent  voting  by,  relative  to         .  .     390  1-15 

identification  of,  at  polls,  providing  for,  etc.        .  .  .     253  1,  2 

circulars  and  other  printed  matter  intended  to  influence  action 

of,  delivery  to .483  1-3 

listing  of,  correctional  changes  in  laws  relating  to  .  .     453  9-32 

questions  submitted  to   (see,  supra,  questions  submitted  to 

voters), 
registration  of,  inns,  lodging  houses  and  public  lodging  houses, 
securing  of  certain  information  relative  to  persons  resid- 
ing at,  in  connection  with     ......     320  1-4 

persons  claiming  citizenship,  in  cases  of,  etc.,  relative  to     .     108 

prior  to  preliminary  elections  in  certain  cities     .  .  .  <  .  ^o  oo 

votes,  return  of,  upon  certain  question  submitted  to  voters         .  Pages  852-858 

voting  lists,  persons  in  armed  services  whose  names  have  been 
stricken  from,  restoration  of  such  names  to,  providing  for, 

etc.    . 253  1, 2 

verification,  state  wide,  of  .  .  .  .  .  .  .     537  1-4 

voting  machines,  ballot  labels  for,  providing  of,  relative  to         .     281  2 

counting  of  votes  where  used        ......     310  5,  6 

information,  certain,  furnishing  of,  to  voters  using  .  .     290 

pasters  or  stickers  for  u.se  in  connection  with,  furnishing  of     .     310  4 

use  of,  act  making  correctional  changes  in  laws  pertaining  to  )  ^j^j^  T        9,  10,  16, 
elections,  as  affecting   .  .  .  .  .  .  .  J  \        19,  21,  25 

primaries  and  elections,  at,  relative  to        ...  .     310  1-6 

voting  precincts  and  polling  places  therein,  new,  maps  or  de- 
scriptions of,  posting  or  mailing  of,  relative  to  .  .     209  1, 2 
ward  committees  (see,  supra,  political  committees), 
wards,  new  voting  precincts  and  polling  places  in,  posting  or  mail- 
ing of  maps  or  descriptions  of,  relative  to        .           .           .     209  1,  2 
Weymouth,  town  meeting  members  in,  number  established,  and 
filing  nomination  papers  by  candidates  for  re-election  aa 
such  members,  further  regulated    .           .           .           .           .28  1-3 

Electrical  appliances,  overhead,  in  city  of  Boston,  removal  or  plac- 
ing underground  of  certain,  law  pro\'iding  for,  suspended  .26  1,2 
Electrical  work,  performance  of,  further  regulated          .          .          .     308 
Electric  companies  (see  Gas  and  electric  companies). 
Electricians,  state  examiners  of  (see  Civil  service  and  registration, 

department  of). 
Electric  railroad  companies,  taxation  of  (see  Taxation    corpora- 
tions, of,  corporate  franchises). 


Index. 


1055 


Elm   disease,  Dutch,  so   called,  work  in  connection  with,  appro- 
priations    ......... 

Embalming  and  funeral  directing,  board  of  registration  in 

(see  Civil  service  and  registration,  department  of). 

Embezzled  property,  crime  of  buying,  receiving  or  aiding  in  con- 
cealment of,  venue  of,  relative  to  .... 

Embezzlement,  property  of  a  deceased  person,  of,  certain  proceed- 
ings in  probate  court  with  respect  to,  to  be  entitled  peti- 
tions for  discovery        ....... 

Emergency  appropriations,  during  existing  state  of  war,  borrow- 
ing of  money  outside  debt  limit  by  cities,  towns  and  dis- 
tricts for,  authorized     ....... 

Emergency  compensation  allotment  plan,  so  called,  act  en- 
abling participation  in  benefits  of,  by  certain  officials  and 
employees  of  city  of  Boston  and  county  of  SufTolk 

Emergency  expenses,  temporary,  due  to  existing  state  of  war, 
appropriation       ........ 

EMERGENCY   FINANCE    BOARD: 

appropriations       ......... 

emergency  appropriations  during  existing  state  of  war,  borrow- 
ing by  cities  and  towns  on  account  of,  approval  by  . 

Lowell,  city  of,  appropriations,  etc.,  for  temporary  increases  in 
salaries  of  certain  officers  and  employees  of,  approval  by  . 
borrowing  of  money  by,  approval  by    . 

public  welfare,  soldiers'  benefits,  federal  emergency  unemploy- 
ment relief  projects,  and  distribution  of  surplus  commodi- 
ties, borrowing  by  cities  and  towns  on  account  of,  powers 
and  duties  as  to 

tax  titles,  borrowing  of  money  by  cities  and  towns  based  upon, 
powers  and  duties  as  to  . 

United  States  defense  savings  bonds,  war  bonds,  etc.,  purchased 
by  cities,  towns  and  districts,  proceeds  from  sale  of,  use 
of,  approval  by  . 

Emergency  laws,  certain  acts  declared  by  governor  to  be 

federal  (see  Federal  emergency  laws). 
Emergency  powers,   governor,  of,  effective  periods  of,  made  co- 
terminous ......... 

EMERGENCY   PUBLIC    WORKS    COMMISSION: 

appropriations       ........ 

armory  commission,  investigation  by,  relative  to  erection  of 
armories  in  cities  and  towns  of  commonwealth,  report  to, 
etc.    ........        Resolve 

existence  extended,  chairman  of  state  planning  board  made  mem- 
ber thereof,  and  said  commission  authorized  to  prepare  a 
post-war  program  of  public  works  .  .       -   . 

EMERGENCY  RELIEF  APPROPRIATION  ACT  OF  1935, 
FEDERAL: 

counties,  cities,  towns  and  districts,  securing  by,  of  certain  bene- 
fits of,  extension  of  provisions  of  certain  enabling  acts 
relative  to  . 
Eminent  domain,  assessment  of  damages  in  connection  with  prop- 
erty taken  by,  petitions  for,  time  limitation  for 

certificate  of  entry  or  taking  possession  in  certain  cases  of,  re- 
cording, etc.,  relative  to         .....  . 

water  supply,  public,  taking  of  emergency  sources  of,  by   . 

ways,  limited  access,  laying  out  of,  taking  of  easements  for,  by,  etc. 

other  than  state  highways,  laying  out  and  altering  of,  taking 

of  land  for,  by,  etc.       ....... 

Employed  mothers  (see  Mothers). 

Employees,  commonwealth,  of  (see  Commonwealth,  officers  and  em- 
ployees of). 

counties,  of  (see  Counties). 

injured,  compensation  for  (see  Workmen's  compensation). 

municipal  (see  Municipal  officers  and  employees). 

public,  certain,  killed,  etc.,  in  performance  of  duty,  paj-ment  of 
annuities  to  dependents  of,  relative  to    . 

compensation  for  injuries  sustained  by,  appropriations  . 

See  also  Employers  and  employees;  Labor. 


Chap. 

Item  or 
Section. 

/    68 
\370 

1341-83 
1341-83 

311 

1.2 

91 

76 

1-6 

516 

13 

68 

0401-35 

/    68 
\370 

0605-01 
0605-01 

75 

3 

392 

88 

3 
3 

44 

1.2 

413 

1.  2 

f240 

267 

1,496 


/    OS 
\370 

58 

517 


58 

95 

251 

251 
475 
397 

416 


0606-01 
0606-01 


1-4 


1-4 

1,  2 


366 
68 


370 


2820-04, 
2970-07 

2820-04, 
2970-07 


1056 


Index. 


Chap. 


Item  or 
Section. 


EMPLOYERS    AND    EMPLOYEES: 

commissions  due  certain  employees,  weekly  payment  of,  relative 
to . 

employment  security  law,  as  affecting  (see  Employment  security 
law). 

injured  employees,   compensation   to   (see  Workmen's  compen- 
sation). 

railroads  and  terminal  corporations,  employees  of,  lavatory  and 
sanitary  facilities,  reasonable,  for,  providing  for 

unemployment  compensation  law,  as  affecting  (see  Employment 
security  law). 

wages,  payment  of,  by  check,  act  requiring  employers  to  provide 
reasonable  facilities  for  cashing  same 
exemption  of  public  officers  from,  provision  for 

See  also  Employment  security  law;    Labor;    Workmen's  com- 
pensation). 
Employment,  absence  from,  on  account  of  sickness,  payment  of 
benefits  under  employment  security  law  in  cases  of,  in- 
vestigation relative  to  ....        Resolve 

discrimination  in,  because  of  race,  color,  religion  or  nationality, 
investigation  relative  to         ...  .        Resolve 

minors,  of  (see  Minors). 

payments,  certain,  requirement  of,  by  labor  unions  for  securing, 
etc.,  penalized      ........ 

post-war,  opportunities  for,  survey  and  study  of        .        Resolve 

appropriation  ........ 

temporary,  under  civil  service  laws,  act  restricting  appointment 
of  certain  persons  for,  repealed       ..... 

women,  of  (see  Labor;  Unemployment;  Women). 
See  also  Employers  and  employees;    Employment  security  law; 
Labor. 
Employment  security,    division  of    (see   Labor   and   industries, 

department  of). 
EMPLOYMENT    SECURITY   LAW: 
in  general,  changes  in     . 
benefits  .  .  •  •        .  • 

payment  of,  when  absence  from  work  is  caused  by  sickness, 

investigation  relative  to         .  .  .        Resolve 

persons  in  military  or  naval  service,  for,  upon  termination  of 

such  service,  relative  to         .....  ■ 

claims  and  appeals  ........ 

contributions  ......••• 

interest  and  penalties  under,  court  proceedings  to  enforce  pay- 
ments of,  relative  to     . 
employers  subject  to,  further  defined  .-..•.• 
review,  board  of,  under,  decisions  of,  judicial  review  of 
Encumbrances,  property,  on  (see  Liens;  Mortgages;  Personal  prop- 
erty; Real  property). 
Endicott  Incorporated,  name  changed  to  Endicott  Junior  College  . 
Endowment    insurance     (see     Insurance,    classes    of    insurance, 

life). 
Engineers,  professional,  and  land  surveyors,  board  of  regis- 
tration of,  appropriations  .  .  ... 


English  speaking  classes,  adults,  for,  appropriations 

Entertainment,   fraudulent  procuring  of,  from  hotels,  inns,  etc., 

offense  of,  relative  to    . 
Entry  and  possession  (see  Mortgages,  real  property,  of). 
Equity,  jurisdiction,  probate  courts.  Public  Library  of  the  City  of 
Boston,  Trustees  of  the,  investment  and  appropriations 
of  funds  and  property  held  by,  to  authorize  .  . 

superior  court,   dwelling  houses,  unfit,  orders  of  boards  of 
health  relative  to,  to  enforce  .  .  .  .  . 

supreme  judicial  court,  Eastern  Massachusetts  Street  Railway 
Company,  trustees  of,  orders  of,  to  enforce,  etc. 
Public  Library  of  the  City  of  Boston,  Trustees  of  the,  invest- 
ment and  appropriations  of  funds  and  property  held  by, 
to  authorize         ........ 


467 


333 


378 
563 


54 
39 

385 
71 

572 
523 


0246, 
Page  801 


534 
534 

1-6 
3-5 

54 

319 
534 
534 

1,2 

6 

1,  lA,  IB 

373 
534 
534 

2 
6 

554 


370 
513 

68 

370 
.513 

31 


218 

468 

98 


218 


1412-01 
1412-01 
1412-01 

1301-64, 
1301-65 

1301-64, 
1301-65 
1301-64 


12 


Index. 


1057 


Chap. 


Equity  —  Concluded. 

procedure  and  practice,  mortgages,  real  or  personal  property, 
of,  procedure  for  authority  to  exercise  rights  of  seizure  or 
foreclosure  contained  therein,  brought  because  of  Federal 
Soldiers'  and  Sailors'  Relief  Act  of  1940  . 
Escapes  of  prisoners  (see  Penal  and  reformatory  institutions). 
Escheated  estates,  reimbursement  of  persons  for  certain  funds  of, 
appropriations     ........ 

ESSEX    COUNTY: 

appropriations  for  maintenance  of,  etc.    ..... 

lobsters  and  edible  crabs,  taking  from  coastal  waters  in,  relative 

to       .  .  . 

register  of  probate  for,  third  assistant,  temporarily  providing  for 
tax  levy        .......... 

ESTATES  OF  DECEASED  PERSONS: 

concealment,  etc.,  of  property,  certain  proceedings  in  probate 
court  with  respect  to,   to   be  entitled  petitions  for  dis- 
covery       .  .  .  .  .  .  .  . 

disputes  respecting  domicile   of  decedents,   law   providing  for 

settlement  of,  for  death  tax  purposes,  etc.,  as  affecting 
escheated  (see  Escheated  estates). 
See  also  Executors  and  administrators. 
Estate  taxes  (see  Taxation). 

European  corn-borer,  suppression  of,  appropriations 

further  regulated         ........ 

Evacuation  Day  (see  General  court). 

Everett,  city  of  (see  Cities  and  towns). 

Evidence,  documents,  records,  etc.,  admissible  in:  births,  marriages 
and  deaths,  records  relating  to,  in  office  of  state  secretary, 
certificates  of  copies  of  .....  . 

declarations  of  deceased  persons  .... 

hospital  records,  copies  of  . 

military  or  naval  service,  acknowledgments  of  written  instru- 
ments by  persons  in      . 
municipal  ordinances  and  by-laws,  rules  of  public  bodies,  etc., 
unattested  ........ 

malice,  of,  in  actions  of  libel  and  slander,  relative  to  . 
mortgaged  property,  fair  market  value  of,  admissibility  of,  in, 
investigation  relative  to         ...  .        Resolve 

prima  facie,  entry  of  public  officers  and  employees  into  military 
or  naval  service  of  United  States    .  .  .  .  . 

fraudulently  procuring  food,  etc.,  from  hotels,  etc.,  of 
narcotic  drugs,  certificates  of  analysis  of,  to  be,  of  composition 
of  such  drugs,  etc.  ....... 

tax  bills,  etc.,  affidavit  of  collectors  of  taxes,  to  be,  of  time  of 
sending       .  .  .  .    '      .  .  .  . 

Soldiers'  and  Sailors'  Civil  Relief  Act  of  1940,  Act  of  Congress 
known  as,  compliance  with,  of     . 
Excessive  attachments,  relief  against,  providing  for 
Excise  tax  (see  Taxation,  excise  tax). 
Executive  council,  members,  salaries  of,  relative  to        .  .  . 


salaries  and  expenses,  appropriations 


67 


Item  or 
Seotion. 


1-4 


/370 
\513 

2820-06 
2820-06 

465 

/149 

\533 

610 

465 

1 

1.  2 

1 

91 

428 

1-3 

/    68 

1370 

144 

0909-12 
0909-12 

See  also  Governor  and  council. 


Executive  department,  appropriations 


military  division  of,  allowances  in,  further  regulated 

motor  vehicles  for  use  of,  providing  for,  etc. 
See  also  Executive  council;  Governor;   fiovcrnor  and  council. 


228 
/105 
\232 

233 

160 

190 
365 


648 
31 


331 

166 


57 
234 


314 


68 


370 
613 

68 

370 
613 

572  / 

'262 
409 


1.  2 
1.  2 

1,  2 

1.  2 

1,  2 
1.  2 


2 
1-3 

1,  2 
0401-03, 
0401-05, 
04Q1-21. 
0401-23 
0401-03, 
0401-06, 
0401-21. 
0401-23 
0401-03 

0401-01  to 

0401-35 

0401-01  to 

0401-32 

0401-03 

0401-03, 

Page  796 

1-3 

1-4 


1058 


Index. 


Chap. 
EXECUTORS    AND    ADMINISTRATORS: 

in  general,  disputes  respecting  domicile  of  decedents,  law  pro- 
viding for  settlement  of,  for  death  tax  purposes,  etc.,  as 
affecting     .........     428 

estate  taxes,  equitable  apportionment  of,  and  collection  and 

payment  thereof,  act  providing  for,  as  affecting       .  . 

motor  vohicles  controlled  by  military  forces  of  commonwealth, 

notice  of  injuries,  etc.,  caused  by,  giving  of,  by 
powers  of  appointment  held  by,  releases  and  disclaimers  of, 
authorized,  and  providing  methods  of  releasing  and  dis- 
claiming such  powers  ....... 

resignation  of,  by  their  guardians,  conservators,  etc.,  authorized 
Explosives  and  inflammable  fluids  and  compounds,  storage  of, 
on  school  premises  in  city  of  Boston  in  connection  with 
"shop  courses",  so  called,  authorized     ....     351 

See  also  Fireworks. 
Express  companies,  employees  of  certain,  workmen's  compensation 

law  not  to  apply  to     ......  .     529 

Extended  school  services  (see  Schools). 

Extraordinary  expenses,  governor,  of,  relative  to  .  .  .     348 

Eyes,  examinations,  certain,  of,  reporting  to  director  of  di\4sion  of  the 

blind 89 

infants',  treatment  with  a  prophylactic  remedy  at  time  of  birth, 

recording  of         ........       46 


Item  or 
Section. 


1-3 


519 

1.2 

409 

1.  Subs.  55F 

152 
201 

2 

1.  2 


Factories  (see  Buildings). 
Fairhaven,  town  of  (see  Cities  and  towns). 

Fairs,  plant  pest  control  and,  division  of  (see  Agriculture,  de- 
partment of). 
Fair  Trade  Law,  so  called,  commonwealth,  non-profit  libraries,  etc., 

exempted  from  price  limitations  of,  on  books,  etc. 
Fall  River,  city  of  (see  Cities  and  towns). 
False  statements,  marriage  law,  under,  penalty  for,  revised 
Farm  laborers,  workmen's  compensation  law  to  be  elective  as  to     . 
Farm,  state  (see  State  farm). 

Federal  aid  projects,  so  called  (see  Federal  emergency  laws). 
FEDERAL    EMERGENCY    LAWS: 
in  general: 

cities,  towns  and  districts,  set-uring  by,  of  defense  public  works 
funds  under,  extension  of  provisions  of  certain  enabling 
acts  to  provide  for        ...... 

counties,  securing  by,  of  defense  public  works  funds  under 
extension  of  provisions  of  certain  enabling  acts  to  pro- 
vide for       ........ 

highway  grants  under,  payment  into  Highway  Fund,  etc. 

post-war  projects,  use  for,  of  funds  granted  under 

school  services,  extended,  for  children  of  employed  mothers 

providing  for,  use  for,  of  funds  granted  under 
ways  other  than  state  highways,  laying  out  and  altering  of 
securing  of  funds  for,  under  .... 

Soldiers'  and  Sailors'  Relief  Act  of  1940,  mortgages  of  real 
or  personal  property  in  which  soldiers  or  sailors  may  be 
interested,    judicial    determination   of  rights   to   exercise 
powers  of  seizure  or  foreclosure  in  connection  with  pro- 
visions of    ........  . 

Surplus  Commodity  Stamp  Plan,  so  called,  borrowing  by 

cities  and  towns  on  account  of       . 
See  also  Civilian  conservation  corps;    Federal  housing  adminis- 
trator. 
Federal  government  (see  United  States). 

Federal  grants,  public  works,  etc.,  for  (see  Federal  emergency  laws). 
Federal  housing  administrator,   loans  insured   by,   making  by 
banking  institutions  and   insurance  companies,    term  of 
act,  authorizing,  further  extended,  and  further  authoriz- 
ing certain  loans  so  insured  ..... 

references  to,  in  general  or  special  laws,  act  correcting 
Federal  reservations,  births,  deaths  and  marriages  taking  place  on 
relative  to  ....... 

Federal  savings  and  loan  associations  (see  Banks  and  banking) 
Federal  wildlife  refuges,  revenue  received  from,  disposition  of 
by  coimties  ....... 


40 


312 
529 


58 

58 
427 
517 

493 

416 


57 

44 


1,2 
3 


1,  2 
2 

3.4 


1-4 
1-4 


12G 
339 


408 


46.S 


1-3 
1-3 


Index. 


1059 


Feeble  minded  persons,  cost  of  boarding  certain,  in  private  homes, 
appropriations     ........ 

FEES: 

alcoholic  beverages,  hotel  and  club  licenses  for  sale  of,  reserva- 
tion of,  upon  surrender  by  holders  thereof  ceasing  to 
exercise  same  by  reason  of  use  of  hotel  or  club  by  military 
or  naval  authorities  of  United  States     .... 

annuity  contracts,  valuations,  etc.,  of       ....  . 

appellate  tax  board,  entry  of  appeals  transferred  from  county 
commissioners  to  ....... 

minimum  entry  fee  for  appeals  to,  from  taxes  on  certain  tan- 
gible personal  property  .  .  .  .  ._         . 

Bang's  abortion  disease,  vaccination  of  cattle  for  prevention  of 

corporations,  business,  consolidation  of,  in  connection  with 
proprietors  of  wharves,  real  estate  lying  in  common,  general 
fields,  cemeteries,  etc.,  organization  of,  in  connection  with 

delinquent  taxes,  collection  of  . 

dental  dispensaries  or  clinics,  licenses  for  .... 

fraternal  benefit  societies,  certificates  of  change  of  location  of 
business  of  ........ 

hairdressers,  board  of  registration  of,  payable  to        .  .  . 

horses  and  mules,  slaughtering  of,  licenses  for  .... 

hunting  and  fishing  certificates,  special,  issued  to  non-residents 
in  military  or  naval  service  ...... 

insurance  companies,  foreign,  auditing  financial  statements  of 
certain         ......... 

labor  unions,  etc.,  requirement  by,  of  payment  of,  for  securing  or 
continuing  emploj-ment,  penalized  .... 

liens  for  real  estate  taxes  and  assessments,  recording  of  certain 
certificates  relating  to  ...... 

liquor  control  law,  so  called,  certificates  of  compliance  issued  to 
wholesalers  and  importers  under    ..... 

medical  examiners,  of,  appropriation         ..... 

military  or  naval  service,  persons  in,  paid  by,  for  renewal  of 
certain  licenses,  permits  and  certificates,  remission  of,  etc. 

motor  vehicles,  registration  of  (see  Motor- vehicles). 

school  services,  extended,  for  children  of  employed  mothers 

soldiers,  sailors  and  marines,  copies  of  certain  records  relating  to, 
furnishing  in  certain  cases  without  .... 

Feet,  school  children,  of,  examination  of,  providing  for    . 
Felonies,  ofTences  which  are,  pardons  of,  terms  and  conditions  upon 
which  they  may  be  granted,  prescribing  by  general  court, 
proposed  amendment  to  constitution  providing  for 
Females  (see  Women). 
Fernald,  Walter  E.,  state  school,  appropriations 

Fidelity  bonds  (see  Bonds). 

Fiduciaries,  income  received  by,  taxation  of  .... 

resignation  of  certain,   by  their  guardians,   conservators,  etc., 
authorized  ........ 

See  also  Executors  and  administrators. 
Finance,  cities,  towns  and  districts,  of  (see  Municipal  finance), 
commonwealth,  of  (see  State  finance), 
counties,  of  (see  County  finance). 
Finance,  administration  and,  commission  on  (see  Administra- 
tion and  finance,  commission  on). 
Finance  board,  emergency  (see  Emergency  finance  board). 
Finnegan,  Edward  P.,  given  preference  for  re-employment  in  labor 
service  of  city  of  Cambridge  ..... 

Firearms  (see  BB  guns). 
Firecrackers  (see  Fireworks). 
FIRE    DEPARTMENTS: 

in  general,  administrative  heads  of,  powers  and  duties  of,  as  to 
enforcement  of  laws,  etc.,  relative  to  protection  of  life  and 
limb  in  places  of  assembly    .  .  .  .  .  . 

auxiliary  fire  departments,  borrowing  of  money  for,  during 
existing  state  of  war     .  .  .  .  ... 

call  firemen,  certain,  promotions  of,  to  regular  force  in  certain 
cities,  authorized  ....... 

part  call  firemen  or  substitute  call  firemen  in  military  or 
naval  forces,  continuous  service  required  for  promotion 
to  permanent  force,  computing  of,  relative  to 


Item  or 

Chap. 

Section. 

r  68 

1702-21 

370 

1702-21 

513 

1702-21 

542 
54 

20 
1,2 

248 

282 

56 

405 

1.2 

130 

179 

16 

1 
2 

309 
565 
332 

1 

2-8,  10 

2-4 

388 

1,2 

288 

385 

478 

2,3 

542 
370 

9 
0505-01 

421 

493 

2.3 

484 
3S4 

Pages  840,  841 

/    68 
1370 

1724-00 
1724-00 

285 

1 

201 

1-3 

264 

544 
.546 

75 
530 

338 


1-5 


1060 


Index. 


rntE   DEPARTMENTS  —  Concluded. 
in  general  —  Concluded. 

firemen  killed,  etc.,  in  performance  of  duty,  payment  of  an- 
nuities to  dependents  of,  relative  to        ...  . 
fireworks,  public  displays  of,  powers  and  duties  as  to      . 
military  substitutes  serving  in,  cities  and  towns  permitted  to 
indemnify,  for  certain  damages      ..... 
Boston,  accidental  disability  allowances  for  members  of,  retired 

under  Boston  retirement  act,  so  called,  relative  to  . 
Palmer  Fire  District  Number  One  of  Palmer,  chief  engineer  of 
department,  placing  of  office  under  civil  service,  authorized 
Fire  districts  (see  Districts). 
Fire  insurance  (see  Insurance). 

Fire  marshal,  state  (see  Public  safety,  department  of). 
Firemen  (see  Fire  departments). 


Firemen's  relief,  commissioners  on,  appropriations  . 


Fire  prevention,  division  of  (see  Public  safety,  department  of). 
FIRES  AND   FIRE   PREVENTION  AND   PROTECTION: 

fire  escapes,  buildings  and  places  of  public  assembly,  in,  and  cer- 
tain related  matters,  investigation  relative  to         Resolve 


laiap. 

Item  or 
Section. 

366 
291 

2 

431 

1.2 

204 

1-3 

399 

1,2 

370 
513 


67 


appropriation 


fire  patrol,  appropriations 


fires  in  open  air  in  Boston,  more  effective  regulation  of 
fireworks,  sale,  use,  etc.,  of,  restricted      ..... 

forest  fires,  extinguishment  of,  expenses,  etc.,  state  aid  to  towns 
for,  appropriations        ....... 

alash  or  brush,  disposal  of,  following  wood  or  lumber  operations, 
relative  to  ........ 

Fire  warden,  state  (see  Conservation,  department  of). 
Fireworks,  sale,  use,  and  keeping  or  offering  for  sale  of,  restricted     . 
First  Universalist  Society  in  Waltham,  united  with  Beacon  Uni- 
versalist  Parish  and  church  affiliated  therewith,  and  cer- 
tain provisions  relative  to  the  funds,  property,  etc.,  of 
said  corporation  ....... 

Fiscal  year,  metropolitan  district  commission,  of,  change  of,  to  con- 
form with  that  of  commonwealth,  investigation  relative 
to       ........  .       Resolve 

FISH   AND   FISHERIES: 

inland  (see  Game  and  inland  fisheries,  fish  and  fishing), 
marine,  laws  relative  to,  Tashmoo  pond  included  within  term 
"coastal  waters"  as  used  in  ..... 

lobsters,  purchasing  of,  expenses  of,  appropriations 

lobsters  and  edible  crabs,  taking  from  coastal  waters  in  Essex 
county,  relative  to        ......  . 

Lord's  day,  handling,  transportation  and  delivery  of  fish,  etc., 
on,  at  wholesale,  relative  to  ..... 

Provincetown,  town  of,  waters  adjacent  to,  use  of  otter  trawls 
in  taking  fish  from,  temporarily  authorized     . 


473 
439 


ahellfish,  enforcement  of  certain  laws  relative  to,  appropria- 
•  tions  ........ 


370. 


513. 


state  aid  to  coastal  cities  and  towns  in  conserving  and  in-  \    68 
creasing  supply  of,  appropriations  .  .  .  .  \  370 

Fisheries  and  game,  division  of  (see  Conservation,  department  of). 
Fishing  licenses  (see  Game  and  inland  fisheries). 


0602-01, 
0602-02 

0602-01, 
0602-02 

0602-01, 
0602-02 


f;79  J 

0251, 

Oi  ^  < 

Page  800 

68 

1002-14 

370 

1002-14. 
1002-16 

513 

1002-14, 
1002-16 

355 

1-3 

291 

1-4 

68 

1002-11 

370 

1002-11 

103 

1.2 

291 

1-4 

146 

1-12 

47 

132 

1.2 

68 

1004-83 

370 

1004-83 

149 

533 

1.2 

1004-81, 
1004-82, 
2013-01, 
2013-02 
1004-81, 
1004-82, 
2013-01, 
2013-02 
2013-01, 
2013-02 
1004-84 
1004-84 


Index. 


1061 


Fitchburg,  city  of  (see  Cities  and  towns). 

Gas  and  Electric  Light  Company,  lines,  poles,  etc.,  of,  in  Fitch- 
burg,  locations,  etc.,  validated        ..... 


state  teachers  college,  appropriations 


Flannagan,  Patrick,  heirs  of,  payment  by  commonwealth  of  sum 
of  money  to,  as  compensation  for  certain  property  taken 
for  highway  purposes  .....        Resolve 

appropriation     ......... 

Flax  pond,  Lynn,  city  of,  in,  control  of  .     ■     . 
FLOOD    CONTROL: 

Quabbin  reservoir,   flow  of  water  from,   into  Swift  and   Ware 
rivers,  investigation  relative  to      .  .  .        Resolve 

FOOD: 


drugs,  and,  inspection  in  department  of  public  health,  appro- 
priations    ......... 


fish  (see  Fish  and  fisheries). 

fraudulent  procuring  of,  from  hotels,  inns,  etc.,  offense  of,  rela- 
tive to         ........  . 

horses  and  mules,  slaughtering  of,  for  use  as,  regulated,  etc. 

perishable,  fish,  etc.,  handling,  transportation  and  delivery  of, 
at  wholesale,  on  Lord's  day,  relative  to  ... 

production  of,  cities  and  towns  authorized  to  plough,  harrow  and 
otherwise  assist  in  cultivation  of  private  lands  to  be  used  for 
state  institutions,  various,  at,  services  and  expenses  in  connec- 
tion with  program  of,  appropriation  for 

production,  rationing,  etc.,  of,  investigation  relative  to,  expenses 
in  connection  with,  appropriation  .... 

supplying  of,  by  common  victuallers  on  Lord's  day  required  if 
they  hold  licenses  to  sell  alcoholic  beverages  thereon,  etc. 

veal,  certain,  sold  for,  laws  relating  to,  amended,  etc. 

Ford  building,  so  called,  maintenance  of,  appropriations  . 

Foreclosure,  motor  vehicles  liens,  of,  when  such  motor  vehicles  are 
for  use  of  United  States  during  present  emergency,  pro- 
viding for  ......... 

real  estate  mortgages,  of,  investigation  relative  to  .  Resolves 
in  which  soldiers  or  sailors  may  be  interested,  judicial  deter- 
mination of  rights  of  entry  and  possession,  exercise  of 
powers  of  sale,  etc.,  for  ...... 

Foreign  corporations  (see  Corporations). 

Foreign  insurance  companies  (see  Insurance,  companies). 

Forest  cutting  practices,  establishment  of,  provision  for 

Forester,  state  (see  Conservation,  department  of). 

Forest  fires  (see  Forests  and  forestry). 

Forest  Hills  Cemetery,  The  Proprietors  of,  constitution  of  quo- 
rum of,  and  investment  of  funds  of  said  corporation,  rela- 
tive to         ........  . 

Forestry  committee,  state,  establishment,  powers,  duties,  etc. 

Forestry,  division  of  (see  Conservation,  department  of). 

FORESTS   AND   FORESTRY: 


Chap. 

300 
68 

370 
513 

18 
572  / 

71 

16 


370 
513 

572 


31 
332 

473 

75 

171 
572 

328 
.508 

68 
370 


fire  patrol,  appropriations 


341 
6,8 


57 


539 


329 
539 


68 
370 

513 


fires,  forest,  extinguishment  of,  expenses,  etc.,  state  aid  to  towns 

for,  appropriations        .  .  .  .  .  .  .  \  370 

forest  cutting  practices,  establishment  of,  provision  for  539 

forest  lands  and  forest  products,  classification  and  taxation  of, 

law  relating  to,  amended       ......     461 


Item  or 
Section. 


1,2 
1308-00, 
1308-21 
1308-00  to 
1308-33 
1308-21 


2930-11, 

Page  799 

1-6 


2012-01, 
2012-02 

2012-01, 
2012-02 

2012-01, 
2012-02 

2012-02, 

Page  797 


1-10 


1 

1,  2 

0245, 

Page  798 


1-5 
0416-05, 

0416-14 
0416-05, 

0416-14 


1,  2 


1-4 


1-4 


1002-14 
1002-14, 
1002-16 
1002-14, 
1002-16 
1002-11 
1002-11 


1-5 


1062 


Index. 


Chap. 
FORESTS    AND    FORESTRY  —  Concluded. 

slash  or  brush,  disposal  of,  following  wood  or  lumber  operations, 

relative  to  ........      103 

state  forests.  Civilian  Conservation  Corps,  operations  of,  in,  pay- 
ment by  commonwealth  to  United  States  of  portion  of 
proceeds  of  sales  of  products  resulting  from,  appropria- 
tion  .......... 

development  of,  appropriations    ...... 

recreational  opportunities  in,  development  of,  appropriations 

Forest  wardens,  cities  and  towns,  of,  killed,  etc.,  in  performance  of 
duty,  payment  of  annuities  to  dependents  of,  relative  to   . 
See  also  Forests  and  forestry. 

Foxborough  state  hospital,  appropriations  .... 


Framingham,  state  teachers  college,  appropriations 

town  of  (see  Cities  and  towns). 
Frankel,  Moses  M.,  acts  as  notary  public  validated  Resolve 

FRANKLIN   COUNTY: 

appropriations  for  maintenance  of,  etc.    ..... 

tax  levy         .......... 

Franklin,  town  of  (see  Cities  and  towns). 

Fraternal  benefit  societies,  absent  voting  by  certain  members  of, 
authorized  ........ 

foreign,  admission  to  transact  business  in  commonwealth,  fur- 
ther regulated      ........ 

laws  of  commonwealth  relating  to,  study  relative  to  .        Resolve 
unincorporated  association  known  as  Relief  Plan  of  Bethlehem 
Steel  Corporation  and  Subsidiary  Companies  exempted 
from,  etc.  ........     396 

limited,  certain,  merged  with  similar  societies,  increased  benefits, 

payment  by,  authorized        .  .  .  .  .  .86 

medical  services,  certain,  furnishing  by,  authorized  . 

powers  and  duties  of  certain,  relative  to  .  .  .  . 

records  of,  alteration,  destruction,  concealment,  etc.,  of,  penalized 
See  also  General  Electric  Mutual  Benefit  Association. 
Fraud,  food,  accommodation,  etc.,  procured  from  hotels,  etc.,  by, 
relative  to  ........ 

Fraudulent  claims,  motor  vehicle  liability  insurance  policies,  under, 
penalty  for,  investigation  relative  to       .  .        Resolve 

Freight,  carriers  of  (see  Carriers). 

Freitas,  Theodore,  payment  by  commonwealth  of  sum  of  money 
to       .......  .        Resolve 

appropriation     ......... 

Frongello,  Louis,  given  preference  for  re-employment  in  labor  serv- 
ice of  city  of  Cambridge  ...... 

Fuel,  motor  vehicles,  used  in  propelling,  excise  tax  on  sales  of  (see 
Gasoline  tax). 
See  also  Gasoline, 
production,  rationing,  etc.,  of,  investigation  relative  to,  expenses 
in  connection  with,  appropriation  .... 

Fugitives  from  justice,  arrest  of,  expenses  incurred  in,  appropria- 
tion   ..........     68 

Funeral  directing,  embalming  and,  board  of  registration  in  (see 

Civil  service  and  registration,  department  of). 
Funeral  expenses,  dependent  children  and  their  parents,  rendered 

on  account  of,  payment  for  .  .  .  .  .       97 

liability  insurance  policies,  inclusion  in  certain,  of  coverage  in 

respect  to  .  .  .  .  .  .  .  .  .     375 

old  age  assistance  recipients,  of,  payment  of,  relative  to       .  .     506 

poor  persons,  certain,  of,  amounts  payable  by  commonwealth  for, 

investigation  relative  to         ...  .       Resolve       23 

Funeral  parlors,  inclusion  of  certain,  within  meaning  of  term  "place 

of  assembly"  under  certain  building  laws  .  646 


Item  or 

Section. 


1,  2 


370 

1002-54 

68 

1002-21 

370 

1002-21 

513 

1002-21 

68 

4013 

370 

4013 

513 

4013 

366 

68 

1713-00 

370  ' 

r         1713-00, 

1713-26 

68. 

r         1309-00. 

1309-21 

370  ■ 

^     1309-00  to 

1309-32 

20 

465 

1 

465 

1 

309 

2 

238 

1-3 

44 

1-3 


309 
309 

74 

3 
1-3 

31 

14 

21 
/572  1 

2932-05, 
Page  798 

264 

}672( 

0246, 
Page  798 

0401-28 


1.2 


Index. 


1063 


G. 

Gambling  (see  Horse  and  dog  racing  meetings  conducted  under  pari- 

mutuel  system  of  wagering). 
GAME   AND    INLAND   FISHERIES: 

In  general,  conservation  officers,  compensation,  expenses,  ap- 
propriations        ........ 

licenses  and  permits,  special,  for  persons  in  military  or  naval 
service         ......... 

birds  and  mammals: 
birds : 


Chap. 


370 
,513 

388 


game  birds,  propagation,  appropriations    . 

wildlife  refuges  for  protection  of,  federal,  revenue  received 

from,  disposition  of,  by  counties     ..... 

mammals: 

deer,  damages  caused  by,  payment  of,  appropriations  . 

heads,  hides  and  hoofs  of,  sale  of  . 

moose,  damages  caused  by,  pajTnent  of,  appropriations 

opossums  or  raccoons,  open  season  on,  relative  to 
fish  and  fishing : 

fish  hatcheries,  maintenance,  appropriations 


fishways,  construction,  etc.,  of  certain,  appropriations   . 

licenses,  issuance  of,  without  charge,  to  recipients  of  old  age 
assistance,  so  called,  providing  for         .  .  .  . 

special,  for  persons  in  military  or  naval  service   . 
stocking  of  certain  inland  waters  with  fish  in  Dukes  and  Nan- 
tucket counties,  relative  to  . 
Game,  fisheries  and,  division  of  (see  Conservation,  department  of) . 
GAMES   AND    SPORTS: 

baseball  games,  conducting  of  certain,  on  Lord's  day  during 
present  war,  time  of     ......  . 

beano,  game  commonly  called,  law authorizinglicensingof,repealed 
referendum  petition  as  to  .  . 

Ganley,  John,  payment  by  commonwealth  of  annuity  to         Resolve 
Gardner,  city  of  (see  Cities  and  towns). 

state  hospital,  appropriations  ...... 


68 

370 
513 

463 

/  68 
\370 
100 
/  68 
1370 
90 

68 

370 

613 

68 

370 

,513 

265 

388 

216 


303 
267 


51 


GAS   AND   ELECTRIC    COMPANIES: 

in  general,  forest  cutting  practices,  law  pro'vading  for  establish- 
ment of,  exempted  from        ...... 

initiative  petitions,  affected  by,  provisions  of  corrupt  prac- 
tices law  relative  to  influencing  vote  on,  by,  amended 
taxation  of  (see  Taxation,  corporations,  of,  corporate  franchises) . 
electric  companies,  property,  purchasing  of,  by,  law  relative  to, 
amended     ......... 

See  also  Boston  Consolidated  Gas  Company;  Dedham  and  Hyde 
Park  Gas  and  Electric  Light  Company. 
Gas  meters,  stamping  of,  as  correct,  temporary  amendment  of  laws 
relative  to  ........ 

Gasoline,  motor  fuel  sales  act,  so  called,  administration  of,  appro- 
priations    ......... 

tax,  additional,  time  during  which  effective  further  extended 
law  relating  to,  act  making  certain  changes  in 
See  also  Highway  Fimd. 


/   68 
1370 


539 

273 

55 

127 
68 

370 

613 
270 
420 


Item  or 
Section. 


1004-11, 
1004-12 
1004-11, 
1004-12 
1004-11 


1.  2 


1004-31, 
1004-32 

1004-31, 
1004-32 
1004-31 


1004-35 
1004-35 


1004-35 
1004-35 


1004-31. 
1004-32 
1004-31, 
1004-32 
1004-31 
1004-46 
1004-46 
1004-46 


1.  2 
1-3 


Page  848 


1714-00 
1714-00 


Subs.  44 
1.  2 


1.  2 
1601-53, 
1601-54 
1601-53, 
1601-54 
1601-63 

1-4 


1064 


Index. 


Gavel,  Martha  A.,  payment  of  sum  of  money  to,  by  city  of  Med- 
ford,  authorized  ....... 

Gay  Head,  town  of  (see  Cities  and  towns). 
GENERAL   COURT: 

in  general,  acts  and  resolves,  number  passed  by      . 

annual  .sessions  of,  proposed  amendment  to  constitution  re- 
storing       ......... 

appropriations  by  (see  Appropriations;  State  finance). 

bulletin  of  committee  hearings,  appropriations 


chaplains,  appropriations    ....... 

claims  of  commonwealth  against  United  States,  attorney  gen- 
eral to  prosecute,  etc.,  upon  request  of  . 

clerks,  portraits  and  biographical  sketches  of  members,  etc., 
books  containing,  publication  and  distribution  by,  etc.  . 
See  also,  infra,  hpuse  of  representatives;  senate. 


committees,  expenses,  appropriations 


Chap. 

Item  or 
Section. 

323 

1.  2 

Page  849 

Page  845 

f    68 

•  370 

513 

(    68 

370 

513 

0102-04 
0102-04 
0102-04 
0101-17 
0101-17 
0101-17 

contingent  expenses,  appropriations 


counsel  to,  appropriations 


laws,  certain,  consolidation  and  arrangement  of,  etc.,  under  ) 
direction  of,  appropriations  .....  / 

counties,  investments  by,  in  United  States  Defense  bonds,  war 
bonds,  etc.,  appropriations  for,  by  .... 

doorkeepers  and  assistant  doorkeepers,  appropriations    . 

doorkeepers  to  have  title  of  assistant  sergeant-at-arms 
Dorchester  Day  parade,  representation  at,  expenses  of,  appro- 
priation      ......... 

Evacuation  Day  parade  at  South  Boston,  representation  at, 
expenses  of,  appropriation     ...... 

general  court  officers,  appropriations    .  .  .  .  .  < 

harbors  and  public  lands,  committee  on,  expenses  in  connec-  ' 
tion  with  zoning  of  Boston  harbor  for  maritime  purposes, 
appropriation       ........ 

hearings,  bulletins  of,  appropriations    ..... 


daily  list  of,  appropriations 

judges,  retirement  age  for,  prescribing  by,  proposed  amend- 
ment to  constitution  providing  for  .... 

June  seventeenth  celebration  at  Charlestown,  representation 
at,  expenses  of,  appropriation        ..... 


83 
313 


68 


370 


513 

572 

68 

370 

572 


370 

513 

68 
370 

5 

68 

370 
104 

572 

572 

68 

370 

572 

68 
370 
513 

68 
370 
513 


672 


0101-20  to 

0102-01. 

0102-06, 

0102-09 

0101-20  to 

0102-01, 

0102-06, 

0102-09 

0102-01, 

0102-23 

0101-21 

0102-11 

0102-11 

0102-11 

0101-18, 

0101-19, 

0102-07, 

0102-10 

0101-18, 

0101-19. 

0102-07, 

0102-10 

0101-18, 

0101-19 

0102-16 

0102-16 

2 
0101-11  to 

0101-13 
0101-11  to 

0101-13 


0102-22 

0102-19 
0101-11  to 

0101-13 
0101-11  to 

0101-13 

3170-01, 
Page  799 
0102-04 
0102-04 
0102-04 
0102-04 
0102-04 
0102-04 

Page  847 

0102-20 


Index. 


1065 


Chap. 


GENERAL   COURT  —  Continued. 
in  general  —  Concluded. 

legislative  document  room,  clerks,  appropriations 

legislative  investigations,  certain,  appropriation 

Little  Herring  pond  in  town  of  Plymouth,  right  of  way  to, 

discontinuance  only  by  authority  from  .... 

manual  of,  printing  of,  appropriations  .... 


members,  compensation  of,  appropriations 


temporarily  increased  .  .  .  .  . 

portraits,  etc.,  of,  books  containing,  publication  and  distri- 
bution of       .......  . 

purchase  of,  appropriations         ..... 

municipal  finance,  committee  on,  senate  and  house  chairmen 
of,  to  be  members  of  special  commission  to  continue  inves- 
tigation as  to  reimbursement  of  municipalities  for  loss  of 
taxes  on  publicly  held  property     .  .  .        Resolve 

pages,  appropriations  ....... 

pardons  of  offences  which  are  felonies,  terms  and  conditions 
upon  which  they  may  be  granted,  prescribing  by,  proposed 
amendment  to  constitution  providing  for 

petitions  to,  for  establishment,  revival,  etc.,  of  corporations, 
relative  to  ........ 

printing,  binding  and  paper,  appropriations 

prorogation  of,  statement  as  to    . 

sergeant-at-arms,  assistant,  doorkeepers  of  each  branch  to 
have  title  of  .......  . 


salary,  clerical  assistance,  etc.,  appropriations 


stationery,  appropriations  ....... 

taxation,  committee  on,  senate  and  house  chairmen  of,  to  be 
members  of  special  commission  to  continue  investigation 
as  to  reimbursement  of  municipalities  for  loss  of  taxes  on 
publicly  held  property  ....        Resolve 

travel,  etc.,  in  connection  with  attending  annual  conference 
of  national  tax  association,  cost  of,  appropriation    . 

telephone  service,  appropriations  ..... 


/    68 
1370 


151 

68 
370 

68 

370 

513 

572 
170 

313 

/    68 
\370 


64 

68 

370 

572 


Item  or 
Section. 


0101-15 

0101-15 

0227 


0102-03 
0102-03 

0101-01  to 
0101-04 

0101-01  to 
0101-04 
0101-03, 
0101-04 
0101-01, 
0101-03 
7 


0102-13 
0102-13 


0101-14 
0101-14 
0101-14, 
Page  801 


549 


370 
513 


Pages  840,  841 

2  3 

0102-02 

0102-02 

Page  665 

Page  851 


104 

68 


370 


572 


370 


64 

}572{ 

68 
370 

68 


traveling  expenses,  appropriations         ..... 
ways  and  means,   joint   committee  on,   travel,   etc.,   cost  of. 


370 
513 


appropriation       ........  572 

witness  fees,  appropriation  ......  370 

house  of  representatives,  clerk  and  assistant  clerk  of,  method 

of  fixing  compensation  of,  changed-         ....  260 


0101-09  to 
0101-16, 
0102-11 
0101-09  to 
0101-15, 
0102-11 
0101-24, 
Page  800; 
0102-11 
0102-05, 
0102-08 
0102-05, 
0102-08 


0244, 
Page  798 
0102-12 
0102-12 
0101-02. 
0101-04 
0101-02, 
0101-04 
0101-04 

0102-17 
0102-14 


1-3 


1066 


Index. 


GENERAL    COURT  —  Concluded. 

house  of  representatives  —  Concluded. 

clerk  of,  assistant,  salary  of,  appropriations 


clerical  assistance,  appropriations 


salary  of,  appropriations  ...... 

Crosby,  Nelson  B.,  former  member  of  present,  widow  of,  pay- 
ment by  commonwealth  of  compensation  to   .        Resolve 

Knowles,  John  Q.,  former  member  of  present,  sister  of,  pay- 
ment by  commonwealth  of  compensation  to  .  Resolve 
senate,  clerk  and  assistant  clerk  of,  method  of  fixing  compen- 
sation of,  changed         .  .  .  .  .  ... 

clerk  of,  assistant,  salary  of,  appropriations 


clerical  assistance,  appropriations 


salary  of,  appropriations  ...... 

Oeneral  Edward  Lawrence  Logan  Airport,  Commonwealth  Air- 
port-Boston, so  called,  designated  as,  etc. 

General  Electric  Mutual  Benefit  Association,  further  benefits 
by,  to  members  and  their  dependents     ... 

General  fields,  proprietors  of,  etc.,  incorporation  of,  further  regulated 

General  Fund,  transfer  to,  of  surplus  interest  accruing  under  pro- 
visions of  law  authorizing  municipalities  to  borrow  from 
commonwealth  on  account  of  public  welfare    . 

General  Insurance  Guaranty  Fund  (see  Savings  bank  life  insur- 
ance). 

General  Laws,  changes  in,  table  of       .....  . 

consolidation  and  arrangement  of  certain  chapters  and  sections 
of,  etc.,  appropriations  ...... 

correctional  changes,  certain,  in,  banking  laws,  as  to 

election  laws,  as  to     . 

necessitated  by  change  in  title  of  federal  housing  administrator 

Gifts,   personal  property,  of,   acceptance  by  adjutant  general  for 

military  purposes  authorized,  etc.  .... 

Girls,  industrial  school  for,  appropriations     ..... 


parole  of,  department  of  public  welfare^  appropriations 


See  also  Minors. 
Gloucester,  city  of  (see  Cities  and  towns). 

fish  pier,  so  called,  certain  work  at,  providing  for 

appropriation  ........ 

Goldman,  Hyman  F.,  acts  as  a  notary  public  validated       Resolve 
Good  order,  etc.,  certain  crimes  against,  relative  to       .  .  . 

Gosnold,  town  of  (see  Cities  and  towns). 

Government,  federal,  state,  county,  city,  town  and  district,  corelated 
functions  of,  investigation  relative  to,  continued      Resolve 
GOVERNOR: 

in  general,  budget  of  (see  Appropriations). 

restoration  of  annual,  proposed  amendment  to  constitution 
providing  for       ........ 


Item  or 

I^hap. 

Section. 

68 

0101-06 

370 

0101-06 

513 

0101-06 

572 

0101-00 

68 

0101-08 

370 

0101-08 

572 

0101-08 

68 

0101-05 

370 

0101-05 

513 

0101-05 

572 

0101-05 

43 

42 

260 

1-3 

68 

0101-06 

370 

0101-06 

513 

0101-06 

572 

0101-06 

68 

0101-07 

370 

0101-07 

572 

0101-07 

68 

0101-06 

370 

0101-05 

513 

0101-06 

572 

0101-05 

628 

1-8 

667 

1 

187 

1.2 

130 

1.2 

347 


68 
370 
110 
215 
334 
411 
463 
339 

362 

68 

370 

613 


370 
513 

393 

672  I 

9 
377 

69 


Pages  861-992 

0102-16 

0102-16 

1-8 

7,10 

1-17 

1-26 

1-32 


1.  2 
1916-00 
1916-00 
1916-00 

1908-31, 
190&-32 

1908-31, 
1908-32 

1908-31, 
1908-32 


1.  2 
2220-17, 
Page  796 


Page  845 


Index. 


1067 


OOVEBNOB  —  Continued. 
in  general  —  Concluded. 

emergency  laws,  certain  acts  declared  to  be,  by     . 

emergency  war  powers,  acts  granting,  to,  made  co-terminous 
extraordinary  expenses  of,  relative  to  . 

pardons  by  (see  Pardons). 


salary  and  expenses,  appropriations 


vetoes  by  ......... 

appointments  by,  agricultural  and  dairy  industry,  special 
commission  to  investigate  and  study,  three  members 
of       .......  .        Resolve 

civil  service  laws,  niles  and  regulations,  special  commis- 
sion to  investigate  relative  to,  two  additional  members 
of       .......  .        Resolve 

collegiate  authority,  board  of,  four  members  of      . 

commonwealth,  employees  of,  adjustment  of  grievances  of, 
and  maintenance  of  such  employees  in  state  institutions, 
special  commission  to  investigate  relative  to,  three  mem- 
bers of         .  .  .  .  .  .        Resolve 

discrimination  against  persons  in  employment  because  of  race, 
color,  religion  or  nationality,  special  commission  to  inves- 
tigate, three  members  of       .  .  .  .        Resolve 

drunkenness  in  commonwealth,  problem  of,  special  commis- 
sion to  investigate,  a  justice  of  the  municipal  court  of  the 
city  of  Boston  as  a  member  of        .  .  .       Resolve 

Eastern  Massachusetts  Street  Railway  Company,  two  trus- 
tees of         .  .  .  .  . 

emergency  public  works  commission  authorized  to  prepare 
program  of  post-war  public  works,  one  member  of  such 
commission  when  chairman  of  commission  on  adminis- 
tration and  finance  is  unable  to  serve  thereon 

fraternal  benefit  societies,  laws  of  commonwealth  relating  to, 
special  commission  to  study,  two  members  of  .        Resolve 

housing  laws  of  commonwealth,  special  commission  to  investi- 
gate as  to,  five  members  of  .  .  .  .        Resolve 

old  age  assistance,  so  called,  and  certain  related  matters,  special 
commission  to  investigate  and  study,  three  members 
of       .......  .       Resolve 

places  of  assembly,  certain,  safety  of  persons  in,  and  certain 
related  matters,  special  commission  to  investigate,  three 
members  of  .....  .        Resolve 

post-war  highway  commission,  so  called,  one  member 
of       .......  .        Resolve 

post-war  rehabilitation  commission,  so  called,  seven  members 
of       .......  .       Resolve 

real  estate  taxes,  assessment  and  abatement  of,  and  certain 
related  matters,  special  commission  to  investigate,  three 
members  of  .  .  .  .  .  .        Resolve 

retirement  systems,  commonwealth  and  political  subdivisions 
thereof,  of,  special  commission  to  make  further  investi- 
gation relative  to,  three  members  of  .        Resolve 

standards  and  appeals,  board  of,  members  and  associate  mem- 
bers of         .......  . 

state  forestry  committee,  members  of  . 
powers  and  duties,  allotment  by,  of  certain  sums  available  for 
expenditure  by  state  agencies         .... 

claims  of  commonwealth  against  United  States,  attorney  gen^ 
eral  to  prosecute,  etc.,  upon  request  of  . 

Commonwealth  Airport-Boston,  so  called,  improvement,  de- 
velopment, etc.,  borrowing  of  money  for,  as  to 

Dedham,  first  free  public  school  in  America,  three  hundredth 
anniversary  of  establishment  of,  in,  observance  during 
year  1944  in  commemoration  of,  proclamation  relative 
to,  by  .......        Resolve 

emergency  public  works  commission,  acceptance  by,  of  federal 
funds  for  post-war  projects,  approval  by         .  .  . 


Chap. 

240 

267 

496 

.3 

348 


hem  or 
Section 


1 


68 


370 


0401-01, 
0401-22, 
0401-23, 

0401-26 
0401-01, 
0401-22, 
0401-23, 

0401-26 
Pages  849,  850 


72 
549 


73 

39 

62 
98 

517 
44 
60 

38 

67 
46 
71 

45 

49 

544 
539 

541 

83 

528 

33 
617 


2.3 


1.7 

1 

4 


1068 


Index. 


QOVERNOR  —  Concluded. 

powers  and  duties  —  Concluded. 

extraordinary  expenses  of  executive  and  certain  military  ex- 
penses, as  to        . 

highways,  additional,  liabilities  incurred  in  connection  with 
construction  of,  payment  of,  from  Highway  Fund,  as  to  . 

metropolitan  district  water  supply  system,  furnishing  of  water 
from,  to  certain  additional  cities  and  towns,  borrowing  of 
money  for,  approval  by        ....  . 

post-war  highway  projects,  financing  of  program  of,  etc.,  by 
department  of  public  works,  approval  by  .        Resolve 

public  buildings  and  state  institutions,  construction  of,  or  im- 
provements in,  under  provisions  of  certain  appropriation 
act,  plans  and  specification  for,  approval  by. 

senator  in  congress,  vacancies  in  office  of,  act  providing  for 
filling  of,  as  affecting    . 

sinking  fund,  state,  present,  refinancing  of  certain  investments 
in,  as  to      . 

tax  titles,  loans  to  cities  and  towns  on  account  of,  as  to   . 

transfers  of  civil  service  employees  during  present  emergency, 
approval  by         .  .  .  .  .  .  .  . 

United  States  war  bonds,  investment  of  certain  state  funds  in, 
approval  by         .......  . 

See  also  Governor  and  council;    Militia,  commander-in-chief. 
GOVERNOR   AND    COUNCIL: 


in  general,  salaries  and  expenses,  appropriations 


members  of  council,  salaries  of,  relative  to     . 
powers  and  duties,  Bang's  abortion  disease,  so  called,  vaccina- 
tion of  certain  cattle  for  prevention  of,  rules  and  regula- 
tions as  to,  approval  by  .....  . 

civil  service  laws,  rules  and  regulations,  special  commission 
to  investigate,  continued,  expenditures  for,  approval 
by      .......  .        Resolve 

Commonwealth  Airport-Boston,  so  called,  improvement,  de- 
velopment, use,  etc.,  of,  as  to 

commonwealth,  employees  of,  adjustment  of  grievances  of, 
and  maintenance  of  such  employees  in  state  institutions, 
special  commission  to  investigate  relative  to,  expenditures 
for,  approval  by  .....        Resolve 

gifts  of  personal  property  for  military  purposes,  acceptance, 
expenditure,  etc.,  of,  approval  by  ... 

Highway  Fund,  payment  of  portion  of,  to  cities  and  towns  for 
expenditure  by  them  for  local  highway  purposes,  as  to 

livestock  disease  control,  director  of,  appointment  by,  of  as- 
sistant director,  approval  by  ...  . 

Lowell,  city  of,  conveyance  by  department  of  public  works  of 
certain  interests  in  land  to,  approval  by 

Norfolk,  town  of,  purchase  of  water  by,  from  commonwealth 
approval  by         .   .       . 

retirement  systems,  commonwealth  and  political  subdivisions 
thereof,  of,  special  commission  to  make  further  investiga- 
tion relative  to,  expenditures  by,  approval  by        Resolve 

sinking  fund,  state,  present,  refinancing  of  certain  investments 
in,  as  to      . 

tax  titles,  loans  to  cities  and  towns  on  account  of,  as  to 
See  also  Executive  department. 

Governor's  committee  on  public  safety,  appropriations 

Governor's  council  (see  Executive  council;  Governor  and  council). 

Grade    crossings,    warning    signs    at,    etc.,    investigation    relative 

to       .......  .        Resolve 

Grafton  state  hospital,  appropriations        ..... 

Grand  Army  of  the  Republic,  Department  of  Massachusetts,  ex- 
penses of,  state  aid  in  defraying     .  .  .        Resolve 

appropriation     ......... 


Chap. 

348 
572 

543 


Item  or 
Section. 


1,2 
3 


lA 


46 

f    68 

3 

370 

3 

[513 

3 

49 

538 

1-3 

413 

2 

492 

1 

/213 
\509 

1 

68/ 

0401-01  to 

0401-35 

370  1 

0401-01  to 
0401-32 

513 

0401-03 

572  / 

0401-03, 
Page  796 

314 

1.2 

56 

72 
528 

73 
362 
569 
447 
503 
134 

49 


1,  4,  6 


1,2 
3 


538 
413 

1,2 
2 

68 
370 

0450-01 
0450-01 

66 
68 

370  1 

1715-00 

1715-00  to 

1715-27 

17 
572/ 

0441-03, 
Page  796 

68     0443-01 
370     0443-01 


Index.  1069 

Item  or 
Chap.  Section. 

Gray,   Frank  L.,   payment   by   commonwealth  of  sum  of  money 

to       .......  .        Resolve       48 

Greater  Boston  Charitable  Trust,  Inc.,  incorporated  221  1- 

Greylock,  Mount,  war  memorial,  maintenance  of,  appropriations  I 

Grievances,  employees  of  commonwealth,  of,  adjustment  of,  etc., 

investigation  relative  to         ...  .        Resolve       73 

appropriation 572  {         p^^OfO' 

Group  life  insurance  (see  Insurance,  classes  of  insurance). 
Groups  of  persons,  libel  of,  because  of  race,  color  or  religion,  penal- 
ized 22*^ 
GUARDIANS   AND    CONSERVATORS: 

in  general,  fiduciaries,  resignation  of,  by,  etc.,  authorized  .  201  2 

guardians,  insane  persons,  of,  charitable  contributions  by,  in- 
vestigation relative  to  ....        Resolve         6 

neglected  children,  of,  expenses  for  support  of  such  children, 

payment  by  such  guardians,  relative  to  .  .  .     504 

veterans,  incompetent,  and  other  minor  and  incompetent  bene- 
ficiaries of  veterans  administration,  of,  investigation  rela- 
tive to,  etc.  ......        Resolve         5 

Guida,    Leonardo,    given  preference   for  re-employment  in   labor 

service  of  city  of  Cambridge  .....     264 

Guns,  BB,  wounds  caused  by,  reporting  of    .  .  .41 

Gymnasiums,  inclusion  of  certain,  within  meaning  of  term  "place 

of  assembly "  under  certain  building  laws         .  .  .     546  1 

Gypsy  and  brown  tail  moths,  suppression  of,  appropriations  .  .  (  oyn  inn^Isi 

H. 

Hairdressers,  board  of  registration  of  (see  Civil  service  and  registra- 
tion, department  of), 
registration  of,  and  occupation  of  hairdressing,  further  regulated     565  1-12 

See  also  Barbers. 
Hajjar,  James  M.,  payment  by  commonwealth  of  sum  of  money 

to       .......  .       Resolve       34 

Halls,  seats  for,  etc.,  conditional  sales  of,  relative  to 

See  also  Assembly,  places  of. 
HAMPDEN   COUNTY: 

appropriations  for  maintenance  of,  etc.    . 

tax  le\'y        ....... 

HAMPSHIRE   COUNTY: 

appropriations  for  maintenance  of,  etc.    . 

tax  levy         ....... 

Handicrafts  (see  Vocational  education). 

Hanover,  town  of  (see  Cities  and  towns). 

Harbors  (see  Waters  and  waterways). 

Hardy,  Kathryn  F.,  acts  as  a  notary  public  validated    .        Resolve         7 

Harnois,  Edith  M.,  city  of  Lynn  authorized  to  sell  a  certain  part 

of  Sluice  pond  to  .  .  .  .  .67  1,2 

Haverhill,  city  of  (see  Cities  and  towns). 
Health  insurance  (see  Insurance). 
HEALTH,   LOCAL   BOARDS   OF: 

coal  sold  or  offered  for  sale,  act  relating  to  quality  of,  as  affect- 
ing powers  and  duties  of        .  .  .  .  .241  1-4 

dwellings,  unfit,  certain,  powers  relative  to        ...  .     468 

horses  and  mules,  slaughtering  of,  powers  and  duties  as  to  .     332  1,  2,  5,  9 

slaughter  houses,  operation  and  maintenance  of,  sale  of  veal  for 
food,   etc.,    act  amending   laws  relative   to,   as  affecting 
powers  and  duties  of    .  .  .  .  .  .  .     508  1-5 

Health,  public,  department  of  (see  Public  health,  department  of). 
Hearings,  complaints  made  in  district  courts,  on,  providing  oppor- 
tunity for  ......... 


1,  2 


465  1 

465  1 


465  1 

465  1 


349 

1,  2 

68 

0102-04 

370 

0102-04 

513 

0102-04 

legislative,  appropriations       ....... 

Heat  and  power  companies,  initiative  petitions,  affected  by,  pro- 
visions of  corrupt  practices  law  relative  to  influencing 
vote  on,  by,  amended  ......     273  1,  2 

Heat  exhaustion,  payment  of  workmen's  compensation  in  certain 

cases  of       ........  .     303 


1070 


Index. 


Herrick,  Arthur  E.,  estate  of,  payment  by  commonwealth  of  sum 
of  money  to,  as  reimbursement  for  obligations  incurred 
in  payment  of  certain  notes  signed  by  certain  unit  of 
Massachusetts  National  Guard      .  .  .        Resolve 

appropriation     ......... 

Hides,  deer,  of,  sale  of  .......  . 

High  schools  (see  Schools,  public). 

Highway  Fund,  federal  highway  grants,  payment  into,  and  further 
regulating  purposes  for  which  said  fund  shall  be  used 
portion  of,  payment  by  commonwealth  to  its  municipalities  to 

be  expended  by  them  for  local  highway  purposes 
public  works,  department  of,  construction  of   additional   high- 
ways from,  payments  from,  authorized 

Highways  (see  Ways). 

Hingham,  town  of  (see  Cities  and  towns). 

Holidays,  employees  of  commonwealth,  certain,  required  to  work 
on,  survey  of       .....  .        Resolve 

Holyoke,  city  of  (see  Cities  and  towns). 

Hoofs,  deer,  of,  sale  of  .......  . 

Hopkinton,  town  of  (see  Cities  and  towns). 

HORSE     AND     DOG     RACING     MEETINGS     CONDUCTED 
UNDER  PARI-MUTUEL  SYSTEM  OF  WAGERING: 
horse  races,  hours  for,  during  present  war,  relative  to 
licenses  for,  public  hearings  on  applications  for,  relative  to  . 

Horses,  slaughtering  of,  to  be  governed  by  law  regulating  slaughter- 
ing of  certain  animals,  etc.    ...... 

Hospital  Cottages  for  Children,  appropriations  .... 

Hospital  districts  (see  Tuberculosis  hospital  districts,  county). 
Hospital  expenses,  old  age  assistance  recipients,  of,  payment  of, 
relative  to  ........ 

Hospital  records,  copies  of,  admissibility  in  evidence,  relative  to 
HOSPITALS : 

in  general,  blind  persons,  treatment  of,  by,  reporting  of       . 

buildings  used  by,  approval  of,  by  department  of  public  safety, 
etc.,  investigation  relative  to     .  .  .        Resolve 

appropriation       ....... 

clinics  conducted  by,  exempted  from  laws  regulating  dispen- 
saries ......... 

employees  of,  prohibited  from  negotiating  settlement  of  per- 
sonal injury  claims  with  insurance  companies 
private,  care  in,  of  certain  sick  poor  persons,  state  reimburse- 
ment of  cities  and  towns  on  account  of   . 
relief  furnished  in,  to  needy  persons,  municipal  liability  for 
established  ....... 

wounds  caused  by  BB  guns,  reporting  of,  by 
Laban  Pratt  Hospital,  establishment,  etc.,  in  town  of  Weymouth 
municipal,  present  and  former  tubercular  patients  of,  offering  to, 
of  correspondence  courses  free  of  charge,  by  department 
of  education  .  .  .  .  . 

Peabody,  city  of,  public  hospital  in,  membership  of  board  of 
trustees  of,  relative  to  ...... 

Pondville  Hospital  at  Norfolk,  appropriations 

Norfolk,  town  of,  purchase  of  water  by,  from,  authorized 
state  hospitals  for  insane,  etc.,  in  general,  parents  with  depend- 
ent children,  certain,  committed  to,  medical,  hospital  and 
other  services  rendered  on  account  of,  payment  for  . 

Boston,  appropriations        ....... 


psychopathic,  appropriations 
Danvers,  appropriations 
Foxborough,  appropriations 


Chap. 

29 
572  I 
100 

427 
569 
572 

27 
100 


268 
269 

332 
f  68 
\  370 
[513 


506 
233 

89 

67 
572  / 

16 

293 

476 

481 

41 

404 

403 


Item  or 
Section. 


2820-08, 
Page  798 


1.  2 

1-3 

3 


1-10 
1701-11 
1701-11 
1701-11 


1.  2 
2 


0251. 
Page  800 


1-9 


197 

1-3 

68 

2031-00 

370  1 

2031-00  to 
2031-26 

134 

1.2 

97 

68 

1711-00 

370  { 

1711-00, 
1711-26 

68 

1710-00 

370 

1710-00 

513 

1710-00 

68 

1712-00 

370 

1712-00 

68 

1713-00 

370  / 

1713-00. 
1713-25 

Index. 


1071 


HOSPITALS  —  Concluded. 

state  hospitals  for  insane,  etc.  —  Concluded. 

Gardner,  appropriations 


Grafton,  appropriations 

Medfield,  appropriations 

Metropolitan,  appropriations 

Monson,  appropriations 
Northampton,  appropriations 
Taunton,  appropriations 
Westborough,  apprqpriations 


Worcester,  appropriations  . 

See  also  Tewksbury  state  hospital  and  infirmary, 
tuberculosis  (see  Tuberculosis  hospitals). 

Hospital  School,  Massachusetts,  appropriations 

Hospital  service  corporations,  non-profit,  pay-roll  deductions  from 
salaries  of  certain  public  employees  for  payments  to, 
authorized  ........ 

Hospital  services,  dependent  children  and  their  parents,  rendered 
on  account  of,  payment  for  ...... 

inclusion  in  certain  liability  insurance  policies  of  coverage  in  re- 
spect to       .  .  .  .  . 

Hotels  (see  Alcoholic  beverages;  Buildings;  Innholders;  Inns, 
Lodging  Houses,  etc.). 

Hours  of  labor  (see  Labor) . 

House  of  representatives  (see  General  Court). 

Massachusetts  Bay,  of,  journals  of,  purchase  and  distribution  of 
copies  of,  appropriation         ...... 

Houses  (see  Buildings;   Dwelling  houses;   Slaughter  houses). 

correction,  of  (see  Penal  and  reformatory  institutions,  counties,  of) . 

Housing,  laws  of  commonwealth  relating  to,  etc.,  investigation 
of       ......  .        Resolve 

Housing  adniinistrator,  federal,  lonns  insured  by,  term  during 
which  banking  institutions  and  insurance  companies  may 
make,  further  extended,  and  further  authorizing  certain 
loans  so  insured  .  . 

references  to,  in  general  and  special  laws,  act  correcting 

Housing  authorities,  payments  to  cities  and  towns  in  lieu  of  taxes 
on  property  held  by,  limitation  on  amount  of,  removal  of  . 

Housing  projects,  low  rental,  construction  and  maintenance  of,  by 
certain  domestic  life  insurance  companies,  authorized 


Housing,  state  board  of,  appropriations 


chairman  of,  housing  laws  of  commonwealth,  special  commission 
to  investigate  as  to,  to  be  member  of  Resolve 

Hull,  town  of  (see  Cities  and  towns) 
Hunting  (see  Game  and  inland  fisheries). 

Hurricane  and  floods,  payment  by  commonwealth  of  certain  sum 
to  William  W.  Drimimey  as  compensation  for  work  per- 
formed for  and  materials  furnished  to  commonwealth, 
made  necessary  by       .  .  .  .  .       Resolve 

HUSBAND   AND    WIFE: 

private  conversation  between,  declarations  of  deceased  persons 
not  to  be  inadmissible  in  evidence  as,  in  certain  civil  ju- 
dicial proceedings         ....... 

See  also  Marriage. 


Chap. 


/  68 
\370 
I    68 

■!  370  / 

68 

370  I 

68 
370 
672 

68/ 

370 

68 
370 

68 
370 
513 

68 
370 

68 

370  / 


/    68 
1370 


424 

97 

375 


370 


50 


126 
339 

148 

207 
68 

370 
.513 

50 


63 


105 
232 


Item  or 
Section. 


1714-00 
1714-00 
1715-00 

1715-00  to 
1715-27 
1716-00 

1716-00  to 
1716-28 
1717-00 
1717-00 
Page  793 
1722-00, 
1722-26 
1722-00 
1718-00 
1718-00 
1719-00 
1719-00 
1719-00 
1720-00 
1720-00 
1721-00 

1721-00  to 
1721-29 


1918-00 
1918-00 


1.  2 


0502-02 


1-3 


1-4 
1902-01, 
1902-02 
1902-01, 
1902-02 
1902-01 


1.  2 


1072 


Index. 


Hyannis  state  teachers  college,  appropriations 


Chap. 

68 

370 


Hyde  Park  district  of  Boston,  Neponset  river,  banks  of,  in,  con- 
struction of  fence  along  portions  of,  etc.  .  466 

appropriation    .........     572  < 

Hygiene,  occupational,  division  of  (see  Labor  and  industries,  de- 
partment of). 


Item  or 
Section. 

1310-00. 

1310-21 

1310-00  to 

1310-35 

1.2 
8602-33; 
Page  798 


I. 

Ice  (spe  Snow  and  ice). 

Igo,   Frederick  T.,   given  preference  for  re-employment  in  labor 
service  of  city  of  Cambridge  ..... 

Illegitimate  children,  care  and  custody  of  certain,  relative  to 

legitimation  of,  further  provisions  for       ..... 
Immigration  and  Americanization,  division  of  (see  Education, 

department  of). 
Importation,  obscene  phonographic  records,  of,  penalized 
Improvement  districts  (see  Districts). 

Income  tax  division  (see  Corporations  and  taxation,  department  of). 
Income  taxes  (see  Taxation,  incomes,  of). 
Indebtedness,  commonwealth,  of  (see  State  finance). 

county  (see  County  finance). 

evidences  of  (see  Bonds;    County  finance;    Municipal  finance; 
Notes;   State  finance). 

municipal  and  district  (see  Municipal  finance). 


264 
13 

72 


239 


persons  guilty  of. 


selling,    etc.,    of, 


Indecent  exposure,  etc.,  crime  of,  punishment  of 
relative  to  .... 

Indecent   phonographic   records,    publishing, 
penalized    ..... 

Indexing,  certain  laws,  of,  appropriations 

vital  statistics,  of,  appropriations    . 

Indigent  persons  (see  Poor  and  indigent  persons). 
INDUSTRIAL   ACCIDENTS,   DEPARTMENT   OF: 


appropriations 


compulsory  compensation  and  self-insurance,  administration  of, 
etc.,  powers  and  duties  as  to 

death  benefits,  payment  of,  to'  partial  dependents  of  deceased 
employees  upon  finding  of    . 

industrial  accident  board,  depositions  and  testimony  of  wit- 
nesses, etc.,  residing  outside  commonwealth,  obtaining 
by,  authority  extended  ...... 

medical  services,  etc.,  under  workmen's  compensation  law,  act 
further  regulating,  as  affecting  powers  and  duties  of 

See  also  Workmen's  compensation. 
Industrial  Committee  for  National  Defense,  service  of,  appro- 
priation     ......... 

Industrial,    development   and,   commission,    Massachusetts, 

appropriations     ........ 

Industrial  education  (see  Vocational  schools) . 

Industrial  establishments,  certain,  relieved  from  conditions  re- 
sulting from  shortage  of  man-power        .... 

Industrial  life  insurance  (see  Insurance,  classes  of  insurance,  life). 

Industrial  Recovery  Act,  National  (see  National  Industrial  Re- 
covery Act). 

Industrial  resources,  commonwealth,  of,  survey  and  study  of,  in 
connection  with  post-war  rehabilitation,  etc.        Resolve 

appropriation    ......... 


1.2 


377 

239 
68 

370 
68 

370 

68 
370 
513 
572 

529 
400 

359 

181 

370 
68 

370 
382 


71 
572/ 


0102-16 
0102-16 
0501-06 
0501-06 


1501-01  to 

1501-05 

1501-01  to 

1501-05 

1501-01  to 

1501-04 

1501-21. 

Page  799 


0460-01 
1603-01, 

1603-02 
1603-01, 

1603-02 


1.2 


0246, 
Page  801 


Index. 


1073 


Industrial  school,  boys,  for,  appropriations 


girls,  for,  appropriations  ....... 

Industries,  labor  and,  department  of  (see  Labor  and  industries, 

department  of). 
Inebriates  (see  Drunkenness). 
InfaJlts,  eyes  of,  treatment  with  a  prophylactic  remedy  at  time  of 

birth,  recording  of        .  .  .  .  . 

Inheritance  tax  (see  Taxation,  legacies  and  successions,  of). 
INITIATIVE   AND   REFERENDUM: 

emergency  laws  under,  certain  acts  declared  by  governor  to  be 

petitions,  objections  to,  relative  to  .  .  .  . 

prqposed  amendments  to   constitution   and  laws  submitted  to 
people  under,  fair,  concise  summary,  instead  of  a  descrip- 
tion, of,  and  certain  changes  relative  to  filing  of  initiative 
petitions,  proposed  legislative  amendment  to  constitution 
providing  for        ........ 

questions  submitted  to  voters  under,  provisions  of  corrupt  prac- 
tices law  relative  to  influencing  votes  on,  by  certain  cor- 
porations, amended      ....... 

return  of  votes  on  question  relative  to  allowing  physicians  to 
provide  medical  contraceptive  care  to  married  persons  for 
the  protection  of  life  or  health       .  .  .  . 

referendum  petition  filed  on  act  repealing  the  provisions  of  law 
authorizing  the  licensing  and   conducting  of  the  game 
commonly  called  beano  ...... 

Injunctions,  owners  of  unfit  dwellings,  against      .... 

Injury  cases  (see  Personal  injury  cases). 

Ink,  purchase  of,  appropriations  ....... 

Inland  waters  (see  Waters  and  waterways). 

Innholders  and  common  victuallers,  in  general,  fraudulently  pro- 
curing food,  entertainment  or  accommodation  from,  of- 
fense of,  relative  to       ......  . 

common  victuallers,  supplying  of  food  by,  on  Lord's  day,  required 

if  licensed  to  sell  alcoholic  beverages  thereon,  etc.    . 
innholders,   information   relative    to   persons   residing   at   inns, 
lodging  houses,  etc.,  furnishing  of  certain  in  connection 
with  registration  thereof  as  voters,  duties  as  to 
licenses  of,  applications  for  renewal  of,  action  of  local  licensing 
authorities  in  rejecting,  appeal  from,  to  alcoholic  bever- 
ages control  commission  in  certain  cases 
Inns,  lodging  houses  and  public  lodging  houses,  fire  alarm  sys- 
tems, installation  in,  etc.,  investigation  relative  to  Resolve 

appropriation  ........ 

fraudulently  procuring  food,  entertainment  or  accommodation 
from,  offense  of,  relative  to  .  .  .  .  .  . 

information  relative  to  persons  residing  at,  securing  of  certain, 
in  connection  with  registration  thereof  as  voters 
INSANE,   FEEBLE   MINDED   AND   EPILEPTIC   PERSONS: 
guardians  of,  charitable  contributions  by,  investigation  relative 
to      .......  .       Resolve 

insane  persons  boarded  out  by  department  oi  mental  health, 
charges  to  be  made  for  care  of,  during  present  emergency, 
relative  to  ........ 

See  also  Defective  delinquents;    Hospitals,  state  hospitals  for 
insane,  etc.;    Mental  health,  department  of. 
Insolvency,  judges  of  (Probate  and  insolvency,  judges), 
registers  of  (see  Probate  and  insolvency,  registers) . 
See  also  Bankruptcy;  Receivers. 
Inspectional  service,  department  of  labor  and  industries,  appro- 
priations    ......... 

Inspection,  division  of  (see  Public  safety,  department  of). 
Institutions,  charitable  (see  Charitable  institutions), 
savings,  for  (see  Banks  and  banking,  savings  banks). 


Item  or 
Section. 

1915-00, 
1915-22 
1916-00 
1916-00 
1916-00 
1916-00 


Chap. 

68/ 

,613 
f  68 

370 

613 


46 


f  240 

\  267 

[496 

61 


Pages  842-844 

273         1, 2 

Pages  852-858 

Page  848 
468 

/    68  0501-08 

\370  0501- OS 

31 
328 


320 

1-4 

642 

3 

67 
572  / 

0251, 
Page  800 

31 

320 

1-4 

6 

606 

1.2 

/    68  1601-11 

\370  1601-11 


1074 


Index. 


INSURANCE: 

in  general,  fraternal  benefit  societies   (see  Fraternal   benefit 

societies). 

self-insurance  (see  Workmen's  compensation). 

unincorporated  association  known  as  ReUef  Plan  of  Bethlehem 

Steel  Corporation  and  Subsidiary  Companies  exempted 

from  laws  relative  to,  etc.     ...... 

agents: 

compensation  of,  based  on  conservation  of  industrial  life  in- 
surance policies,  etc.,  relative  to    . 
non-residents,  as  agents  for  insurance  companies,  authorized 
to  act,  and  limiting  the  powers  of  such  agents  when  acting 
for  foreign  insurance  companies     ..... 

classes  of  insurance: 

accident,  policies  of,  certain,  inclusion  of  a,dditional  accident 
benefits  in,  providing  for       .  .  .  .  . 

accident  or  health,  general  or  blanket  policies  of,  issuance  to 

members  of  certain  associations  of  public  employees  and 

authorizing  pay-roll  de<Juctions  on  account  of  such  policies 

issuance  to  members  of  trade  unions  and  others 

annuity  contracts,  deferred,  non-forfeiture  benefits  under 

form  and  contents  of        ......  . 

valuation  of,  etc.,  collection  of  charges  and  fees  for,  pro- 
vidinc  for 
endowment,  contracts  of,  form  and  contents  of      .  .         . 

See  also,  iiifra,  classes  of  insurance,  life. 

fire,  rates,  board  of  appeal  on,  appropriations 

standard  policies  of,  certain  provisions  amended 
life,  group,  policies  of,  issuance  to  members  of  certain  asso- 
ciations  of   public   employees   and   authorizing  pay-roll 
deductions  on  account  of  such  policies   .... 

industrial,  policies  of,  annual  dividends  under    . 

conservation  of,  etc.,  compensation  of  agents  based  on, 
etc.      ......... 

non-forfeiture  benefits  under      ..... 

term  defined    ........ 

policies  of,  form  and  contents  of        ....  . 

medical  examination,  issuance  without,  of  certain,   au- 
thorized .....'... 

non-forfeiture  benefits  under  .  . 

savings  banks,  by  (see  Banking  and  insurance,  department 
of,  savings  bank  life  insurance,  division  of;   Savings  bank 
life  insurance), 
unemployment  (see  Employment  security  law), 
workmen's  compensation  (see  Workmen's  compensation). 
See  also,  iujra,  companies. 
companies : 

in  general,  annual  statements  and  schedules,  filing  of,  during  1 
existing  state  of  war,  relative  to    .  .  .  .  .   f 

annuity  contracts  issued  by,  valuation  of,  etc.,  collection  of  \ 

charges  and  fees  for,  providing  for  .  . 

foreign,  financial  statements  of  certain,  auditing  of,  chargei 
and  fees  for,  further  regulated    .... 

non-residents   authorized   to   act   as   agents   of,    limiting 
powers  of,  etc.  .  ._         .  .  .    _      . 

hospitals,  employees  of,  prohibited  from  negotiating  settle 

ment  of  personal  injury  cases  with 
initiative  petitions,  affected  by,  provisions  of  corrupt  prac 

tices  law  relative  to  influencing  vote  on,  by,  amended 
loans  by,  insured  by  federal  housing  administrator,  term  of 
act  authorizing,  further  extended,  and  further  authoriz- 
ing certain  loans  so  insured  ..... 

non-residents  authorized  to  act  as  agents  of,  further  regu 
lation  of      .......  . 

renewal  certificates,  renewal  agreements  and  renewal  re^ 
ceipts,  issuance  and  use  by  certain,  temporarily  author 
ized   ......... 

fire,  mutual,  non-assessable  policies,  issuance  by,  restricted 

liability,  motor  vehicle  liability  policies  or  bonds,  issuance, 

etc.,  by  (see  Motor  vehicles,  liability  for  bodily  injuries, 

etc.,  caused  by,  security  for). 

reserves  of,  computation  of,  in  respect  to  policies  of  liability 

insurance    ......... 


Chap; 


396 


226 


85 


375 


Item  or 
Section. 


1  3 


1,2 


424 

1-7 

632 

1.2 

227 

9 

227 

13 

/  54 
\227 

1.2 

2 

227 

6,  7,  13 

/  68 
1370 

1104-01 

1104-01 

462 

424 

1-7 

227 

12 

226 

227 

4 

227 

11 

227 

6,  7.  13 

186  . 

227 

3 

24 

69 

.  54 

/227 

288 

85 

293 

273 


126 

85 


372 

247 


183 


1.2 

1.2 

1,2 

2 


1.2 
1-3 


1.2 
1-4 


1.2 


Index. 


1075 


INSURANCE  —  Concluded. 
companies  —  Concluded. 

life,  domestic,  low  rental  housing  projects,  purchase  and  im- 
provement of  real  estate  for  purposes  of  construction  of, 
by,  authorized     .  .  .  .  .  . 

industrial  life  insurance  policies  of,  compensation  of  agents 
for  conservation  of,  etc.         ...... 

reserve  liability  of,  computation  of   . 
taxation  of,  relative  to     . 
See  also  Massachusetts  Hospital  Life  Insurance  Company. 
See  also  Workmen's  compensation. 
Insurance,  banking  and,  department  of  (see  Banking  and  insurance, 
department  of), 
commissioner  of  (see  Banking  and  insurance,  department  of), 
division  of  (see  Banking  and  insurance,  department  of). 
Interest,  delinquent  taxes,  collected  with,  relative  to       . 
refunds  of  taxes  on  transfers  of  certain  estates,  on 
savings  bank  and  trust  company  loans,  certain,  on,  authorized  . 
Intergovernmental  relations,  problems  in  connection  with,  etc., 
investigation  relative  to,  continued  .  .        Resolve 

INTERSTATE    COMPACTS: 

minimum  wage,  for,  abrogated         ...... 

INTERSTATE    CO-OPERATION,    COMMISSION    ON: 

appropriations       ......... 

Intoxicated,  operation  of  trackless  trolley  veliicles  while,  etc., 
penalized    ......... 

Intoxicating  liquor  (see  Alcoholic  beverages). 

Investment  certificates,  banks,  issued  by,  loss  of,  relative  to 

Isabella  Stewart  Gardner  Museum,  Incorporated,  The,  real 
estate  of,  in  Boston,  exempted  from  taxation 

Isenberg,  Israel,  acts  as  a  notary  public  validated  .        Resolve 


Chap. 


207 


Item  or 
Section. 


1-4 


226 

227 

1,2 

531 

1-7 

179 

471 

27 

1,  2 

59 

255 

1-3 

68 
370 

0506-01 
0506-01 

141 

22 

279 
10 

r    6: 
\37i 


J. 

Jails  (see  Penal  and  reformatory  institutions,  counties,  of). 

Janitors,  state  house  (see  State  house). 

Japanese  beetle,  so  called,  suppression  of,  appropriation 

Joinder  of  parties,  one  action,  in,  in  certain  cases,  providing  for 

Journals,  house  of  representatives  of  Massachusetts  bay,  of,  pur- 
chase and  distribution  of  copies  of,  appropriation  . 

Jubinville,  Zenaide,  granting  by  city  of  Holyoke  of  package  store 
license  to    . 

Judge  advocate,  state,  appropriations         .... 

Judges  and  justices,  retirement  age  for,  prescribing  by  general 
court,  proposed  amendment  to  constitution  providing  for 
See  also  Courts;    District  courts;    Probate  courts;   Supreme  ju- 
dicial and  superior  courts;  Trial  justices. 
Judgments  in  civil  actions,  supplementary  process,  under,  orders 

for  payment  of,  relative  to    . 
JUDICIAL   COUNCIL: 

accidents  caused  by  defects  in  ways  and  premises,  giving  of 
notice  of,  investigation  relative  to,  by    .  .        Resolve 

appropriations       .  .  . 

guardianship  of  incompetent  veterans,  and  other  minor,  incom- 
petent beneficiaries  of  the  veterans  administration,  com- 
mitments to  such  administration  and  uniform  laws  with 
reference  thereto,  investigation  as  to,  by         .        Resolve 

guardians  of  insane  persons,  charitable  contributions  by,  investi- 
gation relative  to,  by  .  •.-.•.       •        Resolve 

mortgages  of  land,  foreclosure  of,  investigation  relative  to, 
by      .......  .      Resolves 

motor  vehicle  liability  insurance,  compulsory,  policies  of,  fraudu- 
lent   claims   under,    penalty    for,    investigation    relative 
to,  by  .  .  .  .  .  .  .       Resolve 

scope  of,  and  operation  in  this  commonwealth  of  motor 
vehicles  and  trailers  owned  by  non-residents,  investiga- 
tion relative  to,  by       .         .         .         .         .       Resolve 


370 
350 

370 

178 
/  68 
\370 


292 

31 

68 

370 


0909-13 
1-4 

0502-02 

1.  2 
0408-01 
0408-01 

Page  847 


1,  2 


0303-01, 
0303-02 

0303-01, 
0303-02 


6,8 


14 


11 


1076 


Index. 


Chap. 


JUDICIAL   GOV'S Clh  —  Comluded. 

trustees,     salvage     operations    of,     investigation    relative    to, 
by      ....•••  •       Resolve 

written  instruments,  acknowledgments  of,  investigation  relative 
to,  by  .  .  ...  .  •  •        Resolve 

Junior  coUeg^es,  incorporation,  granting  of  degrees,  etc.  . 

See  also  Colleges  and  universities. 
Juvenile  court,  Boston,  parents,  certain  proceedings  against,  trial 
in,  authorized      .  .  .  .  •  .  •  . 

Juvenile  delinquents,  detention,  commitment  and  care  of,  pending 

arraignment,  examination  or  trial,  relative  to 
Juvenile  offenders,  committed  to  county  training  schools,  support 

of,  reimbursement  of  counties  for,  by  towns    . 
Juvenile  training,  division  of  (see  Public  welfare,  department  of). 


13 


6 
549 


87 
244 


82 


Item  or 
Section. 


1-7 


1,2 
1-4 


K. 


Kennels,  dog,  licensing,  operation,  etc.,  further  provisions  relative  to 
Knowles,  John  Q.,  former  member  of  present  house  of  representa- 
tives, sister  of,  payment  by  commonwealth  of  compensa- 
tion to        ....••  ■       Resolve 


1,3 


42 


L. 

Laban  Pratt  Hospital,  Weymouth,  in,  establishment,  etc.,  authorized 
LABOR: 

children,  of  (see,  infra,  women  and  minors,  of). 

commissions  due  certain  employees,  weekly  payment  of,  relative 

to •.         • 

discrimination  in  employment  because  of  race,  color,  religion  or 

nationality,  investigation  relative  to     .  .        Resolve 

hours  of  women  employed  in  textile  industry,  of,  six  o'clock  law, 

so  called,  relating  to,  suspension  until  April  1,  1945  . 
minors,  of  (see,  infra,  women  and  minors,  of). 

public  employees,  compensation  under  workinen's  compensation 
law  for  injuries  sustained  by,  appropriations. 

railroad  and  terminal  corporations,  employees  of,  reasonable 
lavatory  and  sanitary  facilities  for         ...  . 

rehabilitation  of  disabled  workers  in  industry,  vocational  educa- 
tion classes  for    .  .  .  .  •  •    _      • 

service,  departments,  boards  or  commissions,  of,  promotions 
from,  to  official  service  thereof  under  civil  service  laws 

six  o'clock  law,  so  called,  relating  to  hours  of  employment  of 
women  in  textile  industry,  suspension  until  April  1,  1945  . 

unemployment  compensation  (see  Employment  security  law). 

unions,  issuance  of  general  or  blanket  accident  or  health  insur- 
ance policies  to  members  of,  and  others 
payments,  certain,  for  securing  or  continuing  employment,  re- 
quirement of,  by,  penalized  .  .  .  • 

wages,  payment  of,  by  check,  act  requiring  employers  to  provide 
reasonable  facilities  for  cashing  same  .  . 

exemption  of  public  officers  from,  provision  for       .  . 

women  and  minors,  of,  rules  and  regulations  limiting  or  prohibit- 
ing, suspended  to  relieve  man  power  shortage  due  to  ex- 
isting war  ......... 

women,  of,  hours  of,  textile  industry,  in,  six  o'clock  law,  so  called, 
relating  to,  suspension  until  April  1,  1945 

See  also  Employers  and  employees;  Employment;  Employ- 
ment security  law;  Labor  and  industries,  department  of; 
Massachusetts  development  and  industrial  commission; 
Unemployment;  Workmen's  compensation. 


404 

467 

39 

306 

68 
370 

333 
540 
520 
306 

532 

385 

378 
563 

382 
306 


1-9 


2820-04, 
2970-07 

2820-04, 
2970-07 


1,2 


1.2 


Index. 


1077 


LABOR  AND  INDUSTRIES,  DEPARTMENT  OF: 


in  general,  appropriations 


minimum  wage  service,  appropriations 


necessaries  of  life,  division  on,  appropriations 


inspectors  of,  killed,  etc.,  in  performance  of  duty,  payment  of 
annuities  to  dependents  of,  relative  to   . 

railroad  and  terminal  corporations,  lavatory  and  sanitary  fa- 
cilities, reasonable,  for  employees  of,  enforcement  of  law 
providing  for,  by  ....... 

rules  and  regulations  adopted  by,  publication  and  taking  effect 
thereof,  relative  to        ......  • 

apprentice  training,  division  of,  appropriations 

commissioner,  assistant,  salary  of,  relative  to   . 

six  o'clock  law,  so  called,  relating  to  hours  of  employment  of 
women  in  textile  industry,  suspension  until  April  1,  1945, 

by . 

women   and  minors,  employment   of,   rules   and  regulations 
limiting  or  prohibiting,  suspension  by,  to  relieve  man- 
power shortage  due  to  existing  war  .... 
commissioners,  associate,  salaries  of,  relative  to  .  .  . 

conciliation  and  arbitration,  board  of,  appropriations 

employment  security,  division  of,  board  of  review  in,  judicial  re- 
view of  decisions  of      ......  • 

director  of,  contributions,  interest  and  penalties  under  em- 
ployment   security    law,    enforcement    of    payment    of, 
powers  and  duties  as  to         . 
employees  formerly  transferred  to  said  division,  power  of 
said  director  to  remove,  revoked   .  .  . 

employees  in,  civil  service,  retirement,  seniority  and  compen- 
sation rights  of,  who  were  inducted  into  United  States  em- 
ployment service,  etc.,  protection  of       .  ._         . 
state  advisory  council  in,  investigation  by,  relative  to  pay- 
ment of  benefits  under  employment  security  law  when 
absence  from  work  is  caused  by  sickness  .        Resolve 
See  also  Employment  security  law. 
industrial  safety,  division  of,  employees,  certain,  of,  placed  under 
civil  service          .          .          .          .          .  .  . 

inspectional  service,  appropriations  ..... 


labor  relations  commission,  appropriations 


Massachusetts  development  and  industrial  commission,  appro- 
priations    ......... 


Chap. 

68 

370 

]  513 

572 
366 

333 

441 
I    68  . 

1  370  ■ 
321 

306 

382 
321 

68 
370 

534 

373 
358 

535 

54 


363 
f  68 
•1  370 

572 

68  { 
370  I 


370 


370 
513 


370 
513 


Item  or 
Section. 


1601-01  to 

1606-02 

1601-01  to 

1605-02 

1601-51  to 

1601-71 

1601-01, 

Page  795; 

1601-11 


1605-01. 

1605-02 
1605-01, 

1605-02 


1.  2 

1601-61, 
1601-62 

1601-61. 
1601-62 


1-5 


1601-11 

1601-11 

1601-11 
1604-01, 

1604-02 
1604-01, 

1604-02 
1603-01, 

1603-02 
1603-01, 

1603-02 
1601-71, 

1601-72 
1601-71, 

1601-72 

1601-71 
1601-51, 

1601-52 
1601-51, 

1601-52 

1601-51 


1078 


Index. 


Chap. 


LABOR  AND  INDUSTRIES,  DEPARTMENT  OF  —  Concluded. 
necessaries  of  life,  division  on  —  Concluded. 


motor  fuel  sales  act,  administration  and  enforcement  of,  by, 

appropriations  1  370 

513 


occupational  hygiene,  division  of,  appropriations 


standards,  division  of,  appropriations       ..... 

director  of,  coal  sold  or  offered  for  sale,  act  relating  to  quality 
of,  as  affecting  powers  and  duties  of       ...  . 

statistical  se^^^ce,  appropriations    ...... 

wage  boards,  appropriations  ....... 

Laborers,  farm,  workmen's  compensation  law  to  be  elective  as  to   . 

Labor  relations  commission,  appropriations       .... 

Lakes  (see  Waters  and  waterways). 

Lakeville  state  sanatorium,  appropriations  .... 

Land,  taking  of,  for  non-payment  of  taxes  (see  Taxation,  local  taxes, 
collection  of,  sale  or  taking  of  land,  by). 
See  also  Eminent  domain, 
taxation  of  (see  Taxation,  local  taxes). 
See  also  Real  property. 
LAND   COURT: 

appropriations       ......... 


370 


370 

241 
/  68 
\370 
/  68 
\370 

529 

68 

370 

f    68 
\370 


justices,  retired,  pensions  for,  appropriations    .... 

mortgages,  real  and  personal  property,  of,  in  which  .soldiers  or 
sailors  may  be  interested,  provision  for  judicial  determina- 
tion of  powers  to  exercise  rights  of  seizure  or  foreclosure 
under,  as  affecting        ...... 

recorder,  assistant,  liens  for  real  estate  taxes  and  assessments 
certain  certificates  relating  to,  filing  and  recording  with 
powers  of  appointment  involving  registered  land,  releases  of, 
filing  in  office  of  ....... 

duties  of,  performance  by  certain  officials  of  said  court  when 
neither  recorder  nor  chief  title  examiner  are  available 
Land  forces  (see  Militia). 
Larceny,  from  the  person,  penalty  for,  increased    . 

See  also  Stolen  property. 

Lasell  Junior  College,  degrees  of  Associate  in  Arts  and  of  Associate 

in  Science,  granting  by,  authorized  .... 

Lavatory  and  sanitary  facilities,  reasonable,  railroad  and  terminal 

corporation  employees,  for,  providing  for 
Law  libraries,  county  (see  Libraries). 
Lawrence,  city  of  (see  Cities  and  towns). 
Laws,  emergency  (see  Emergency  laws). 

special,  indexing  of,  appropriations  ..... 

state,  uniform,  commissioners  on,  appropriation 
See  also  Acts  and  resolves;  General  Laws;  Statutes. 

Legislative  document  room  (see  General  court). 

Legislature  (see  General  court). 

Legitimation,  illegitimate  children,  of,  further  providing  for  . 

Leominster,  city  of  (see  Cities  and  towns). 

Lesley  School,  The,  degree  of  Bachelor  of  Science  in  Education, 
granting  by,  authorized         ...... 

Levowich,  Harry  P.,  acts  as  notary  public  validated  Resolve 

Lexington,  town  of  (see  Cities  and  towns) . 


68 

I  370 

1572 
/  68 
\370 


57 
478 
152 

29 
518 

552 
333 


/    68 

\370 

370 


72 


5.53 
3 


Item  or 

Section. 


1601-53, 

1601-54 
1601-53, 

1601-54 

1601-53 
1601-31, 

1601-32 
1601-31, 

1601-32 
1601-81, 

1601-82 
1601-81, 

1601-82 

1-4 
1601-41 
1601-41 
1601-73 
1601-73 
3 

1604-01, 
1604-02 

1604-01, 
1604-02 

2022-00 
2022-00 


0308-01  to 
0308-03 

0308-01  to 
0308-03 
0308-02 
0309-01 
0309-01 


1-4 

2,  3 
Subs.  28 


1,  2 


0102-16 
0102-16 
0420-01 


1,2 


Index.  1079 

Item  or 
Chap.  Section. 

Liability  insurance  (see  Insurance). 

Libel,  actions  for,  proof  of  malice  in,  relative  to      .  .  .     365  1 ,  2 

retraction  and  damages  in,  relative  to  ....     360 

chain,  cases  of,  mitigation  of  damages  in,  relative  to  .  .     361 

groups  of  persons,  of,  because  of  race,  color  or  religion,  penalized     223 
Liberty  permits,  prisoners  sentenced  to  state  prison,  granting  to, 

during  existing  war  emergency       .....     222  1,  2 

Libraries,  county  law,  corporations,  certain,  dissolved  by  supreme 

judicial  court,  furnishing  list  of,  to  .  .  .     383 

non-profit,  books,  etc.,  price  limitations  on,  under  Fair  Trade 

Law,  so  called,  exempted  from       .....       40 

public,  division  of  (see  Education,  department  of). 
Public  Library  of  the  City  of  Boston,  Trustees  of  the,  petition 
in  equity  by,  to  authorize  investment  and  appropriation  of 
funds  and  property  held  by  said  trustees,  act  authorizing     218 
Library,  state  (see  State  library). 
LICENSES   AND   PERMITS: 

alcoholic  beverages,  manufacture,  transportation,  sale,  etc.,  of 

(see  Alcoholic  beverages), 
attendants  (nursing),  licensing  of,  age  requirements  for,  tempo- 
rarily reduced      ........     387  1,  2 

automotive  equipment  and  volatile  and  inflammable  fluids,  stor- 
age of,  on  premises  of  certain  Boston  schools  .  .  .     351  1, 2 
beano,  game  commonly  called,  for  conducting,  law  authorizing, 

repealed      .      _    .  .  .  .  .  .  .  .     267 

referendum  petition  as  to  .  .  .  .  .  .  Page  848 

buildings,  construction,  alteration,  repair,  use,  etc.,  of,  pertain- 
ing to,  laws  relative  to,  certain  corrective  changes  in       .     544  2-6,  7A-8 
use,  construction,  repair,  etc.,  of,  granting  of,  investigation 

relative  to,  etc.    .  .  .  .  .        Resolve       67 

appropriation 572  |        p^^^  ^^^ 

dental  dispensaries  or  clinics  .  .  .  .  .  .  .16  1-3 

dog  racing  meetings  (see  Horse  and  dog  racing  meetings  con- 
ducted under  pari-mutuel  system  of  wagering), 
dogs  and  kennels  .  .  .  .  .  .  .111  1-4 

electrical  work,  performance  of,  further  regulated  .  .     308 

fireworks,  public  displays  of    .  .  .  .  .  .     291  2 

fishing  (see  Game  and  inland  fisheries). 

horse  and  dog  racing  meetings  (see  Horse  and  dog  racing  meet- 
ings conducted  under  pari-mutuel  system  of  wagering), 
horses  and  mules,  slaughtering  of,  etc.      .....     332  1-10 

hunting  (see  Game  and  inland  fisheries).  , 

innholders',  rejection  of  applications  for  renewal  of,  appeal  to 

alcoholic  beverages  control  commission  in  certain  cases    .     542  3 

marriages  on  federal  reservations    ......     408  2 

military  or  naval  service,  persons  in,  held  by,  renewal  of,  and 

remission  of  certain  fees  in  connection  therewith      .         '.     421 
motor  vehicles  (see  Motor  vehicles). 

transporting  passengers  for  hire  in  city  of  Revere,  certain  re- 
strictions on,  suspended         ...... 

non-residents,  as  insurance  agents,  further  regulated 
self-insurers,  so  called,  under  workmen's  compensation  law 
slaughter  houses,  further  regulated  ..... 

sporting  (see  Game  and  inland  fisheries), 
trapping  (see  Game  and  inland  fisheries). 
Liens,  motor  vehicles,  upon,  foreclosure  of,  when  such  motor  vehicles 
are  for  use  of  United  States  during  present  emergency,  pro- 
viding for 341  1,2 

personal  property  subject  to,  etc.,  certain  method  of  attachment 
made  applicable  to,  etc.         .  .  .  .  .  . 

real  estate,  betterment  assessments,  etc.,  created  in  connection 
with,  continuance  of     ......  . 

taxes  and  assessments  on,  for,  relative  to       . 

Lieutenant  governor,  salary  and  expenses,  appropriations 


Life  insurance  (see  Insurance,  classes  of  insurance,  life). 
Light  districts  (see  Districts). 


162 

1,2 

85 

529 

7 

608 

1 

298 

1-10 

/252 

1-6 

1478 

4 

478 

1-4 

f         0401-02, 

68' 

0401-05, 

0401-21 

0401-02, 

370 

0401-05, 

0401-21 

149 
533 

1,2 

546 

1 

528 
567 

1-8 

1 

1080  Index. 

Item  or 
Chap.  Section. 

Lighting  plants,  municipal,  exemption  of,  from  law  providing  for 

establishment  of  forest  cutting  practices  539  Subs.  44 

Limitation  of  actions,  petitions  founded  upon  claims  against  com- 
monwealth, in  respect  to       ....  .  566  1,  2 
Limited  access  ways,  certain  powers  granted  to  department  of  pub- 
lic works  with  respect  to  laying  out  of      .           .           .           .     397 
Limited  town  meetings  (see  Town  meetings,  limited,  etc.)- 
Linehan,  Richard  A.,  temporary  reinstatement  in  water  department 

of  city  of  Lawrence  for  retirement  purposes     .  .  .     283  1,  2 

Liquidations,  division  of  (see  Banking  and  insurance,  department 

of). 
Liquors,  intoxicating  (see  Alcoholic  beverages). 
Little  Herring  pond,  town  of  Plymouth,  in,  public  access  to,  estab- 
lishment of  right  of  way  for,  by  county  of  Plymouth        .      151  1-5 
Livestock  disease  control,  division  of  (see  Agriculture,  department 

of). 
Loan  agencies,  banks  and,  division  of  (see  Banking  and  insurance, 
department  of), 
supervisor  of  (see  Banking  and  insurance,  department  of). 
Loans,  banks,  by  (see  Banks  and  banking), 
county  (see  County  finance). 

discharged  prisoners,  to,  pro^'iding  for      .....     433 
municipal  (see  Municipal  finance), 
state  (see  State  finance). 

See  also  Fish  and  fisheries. 
Lodge  rooms,  so  called,  inclusion  of  certain,  within  meaning  of 

term  "place  of  assembly"  under  certain  building  laws 
Lodging  houses   (see  Buildings;    Inns,  lodging  houses  and  public 

lodging  houses). 
Logan  Airport,  General  Edward  Lawrence,  Commonwealth  Air- " 

port-Boston,  so  called,  designated  as,  and  providing  for, 

improvement,  development,  etc.,  thereof 
Longmeadow,  town  of  (see  Cities  and  towns). 
Lord's  day,  baseball  games,  conducting  of  certain,  on,  during  present 

war,  time  of  ...  .  303 

fish  and  perishable  foodstuffs,  handling,  transportation  and  de- 
livery of,  on,  at  wholesale,  relative  to     .  .  .  .     473 
food,  supplying  of,  on,  by  common  victuallers  who  hold  licenses 

to  sell  alcoholic  beverages  thereon,  required,  etc.     .  .     328 

LoVerme,  Mary  Catena,  acts  as  notary  public  validated       Resolve       36 
Lowell,  city  of  (see  Cities  and  towns). 

iao  1  "^  1 1 ac\ 

^70  1"^  11-00 

^70  1  '^'^2-flO 

Low  rental  housing  projects,  construction  and  maintenance  of,  by 

certain  domestic  life  insurance  companies,  authorized        .     207  1-4 
See  also  Housing  authorities. 
Lumber  operations,  etc.,  disposal  of  slash  or  brush  following,  rela- 
tive to 103                     1,  2 

f    68  1917-00 

Lyman  school  for  boys,  appropriations        .  .  .         .  |  370  |  1 917-24 

[513  1917-00 

Lynn,  city  of  (see  Cities  and  towns). 

shore,  protection  at,  cost  of  certain  repairs  for,  appropriation      .     370  2937-05 


M. 

Maccini,  Joseph,  given  preference  for  re-employment  in  labor  serv- 
ice of  city  of  Cambridge        ......     264 

Machinery,  road  and  snow  removal,  certain,  use  of,  by  common- 
wealth and  political  subdivisions  thereof,  temporarily  pro- 
viding for   .........     474  1,  2 

Magoon,  Arthur  R.,  payment  by  town  of  Bernardston  of  sum  of 
money  to    ........  . 

Mailing  room,  central,  appropriations         ..... 


133 

1-3 

68 

0415-12 

370 

0415-12 

513 

0415-12 

Index. 


1081 


Malibu  beach,  so  called,  Dorchester  district  of  city  of  Boston,  in, 
sanding  of  ........ 

appropriation     ......... 

Malice,  proof  of,  in  actions  of  libel  and  slander,  relative  to 
Malone,  Nellie  F.,  acts  as  notary  public  validated  .        Resolve 

Malt  beverages  (see  Alcoholic  beverages). 
Mammals  (see  Game  and  inland  fisheries). 
Manchester,  town  of  (see  Cities  and  towns). 
Mandamus,  petitions  for,  practice  in  respect  to,  amended 
Manicuring,  occupation  of,  and  of  hairdressing,  further  regulated   . 
Man-power,  resources  of,  in  commonwealth,  survey  and  study  of, 
in  connection  with  post-war  rehabilitation,  etc.    Resolve 

appropriation  ........ 

shortage  of,  certain  industries  and  establishments  relieved  from 
conditions  resulting  from       ...... 

Mansfield,  town  of  (see  Cities  and  towns). 

Manual  of  the  general  court,  printing  of,  appropriations 

Manufacturing  corporations,  taxation  of  (see  Taxation,  corpora- 
tions, of). 

Maps,  voting  precincts,  new,  of,  posting  or  mailing  of,  relative  to 

Marblehead,  town  of  (see  Cities  and  towns). 

Marihuana  or  marijuana,  act  making  clear  that  certain  laws  relat- 
ing to  narcotic  drugs  apply  to        ....  . 

Marine  fisheries  (see  Fish  and  fisheries). 

division  of  (see  Conservation,  department  of). 

Marines  (see  Military  and  naval  service  of  the  United  States;    Sol- 
diers, sailors  and  marines;   Veterans). 

Marion,  town  of  (see  Cities  and  towns). 


Maritime  academy,  Massachusetts,  appropriations 


Markets,  division  of  (see  Agriculture,  department  of). 

Marking,  comforters,  quilts  and  puffs,  consisting  in  whole  or  in  part 

of  reprocessed  material,  of,  requirements  as  to 
Marriage,  certificates,  certain,  relating  to,  in  office  of  state  secretary, 
use  in  evidence    ........ 

federal  reservations,  taking  place  on,  relative  to,  etc.  .  . 

law  relating  to,  violations  and  false  statements,  certain,  under, 
penalty  for,  revised     .  .  .  .  . 

notice  of  intention  of,  filing  of,  and  issuance  of  certificates  of  such 
filing,  further  regulated  ...... 

party  from  whom  divorce  has  been  granted,  of,  in  case  of  death 
of  other  party,  relative  to      .  .  .  ._ 

records  of,  of  soldiers,  sailors  and  marines,  furnishing  without 
charge  in  certain  cases  of  copies  of  ...  . 

Marshal,  state  fire  (see  Public  safety,  department  of). 
Marshfield,  town  of  (see  Cities  and  towns). 

Martin,  Daniel  E.,  city  auditor  of  Lowell,  status  under  ci\'il  ser\-ice 
laws,  relative  to  . 

Massachusetts,    aeronautics  commission,   appropriations 

Commonwealth  Airport-Boston,  so  called,  improvements,  etc., 
to  be  made  by  department  of  public  works  at,  plans  of, 
submission  to       .......  . 

municipally-owned  airport  in  town  of  Orange,  development  and 
utilization  of,  investigation  relative  to,  by        .        Resolve 

archives,  reproduction  of  manuscript  collection,  appropriations  . 

Bay  Colony,  house  of  representatives  of,  journal  of,  purchase  and 
distribution  of  copies  of,  appropriation  .... 

committee  on  public  safety,  appropriations       .... 


development  and  industrial  commission,  appropriations 


Chap. 

Item  or 
Section. 

446 

572  1 

365 
1 

8602-32, 

Page  798 

1.  2 

374 
565 

2,4 
1-12 

71 
572  { 

0246, 
Page  801 

382 

1,  2 

/    68 
\370 

0102-03 
0102-03 

209 

1 

305 

1,  2 

68 

370 
513 

381 

228 
408 

312 

561 

168 

484 


371 

68 

370 


528 


1306-01  to 
1306-10 

1306-01  to 
1306-10 
1306-01 


1-4 


1,  2 
1-3 

1,  2 

1-3 

1,  2 


1,  2 
0442-01, 

0442-02 
0442-01, 

0442-02 


22 

68 

0502-01 

370 

0502-01 

370 

0502-02 

68 

0450-01 

370 

0450-01 

68  1 

1603-01, 

1603-02 

370  j 

1603-01. 
1603-02 

1082 


Index. 


Massachusetts  —  Concluded. 

Hospital  Life  Insurance  Company,  examination  of,  by  commis- 
sioner of  banks,  relative  to    . 
hospital  school,  appropriations         ...... 


maritime  academj',  appropriations  .  .  . 

national  guard  (see  Militia). 

reformatory,  appropriations    .  .  ... 

prisoners,  held  in  state  prison,  removal  of,  to  .  .  ■. 

released  from,  loans  to,  providing  for  .  .  .  . 

transferred  from  state  prison  to,  parole  of,  during  existing 

war  emergency,  providing  for         .  .  .  .  _         . 

Searle,  William  L.,  injured  while  in  performance  of  duties  as 

guard  at,  annuity  to     .  .  .  .        Resolve 

reports,  so  called,  printing  of,  appropriations    .... 

publication  and  sale  of  reprints  of  volumes  of         .  .  . 

school  fund,  so  called,  phrase  "assured  minimum"  further  de- 
fined under  law  providing  for  payments  to  cities  and 
towns  from  .  .  . 

school  of  art,  appropriations  ....... 

Society  for  the  Prevention  of  Cruelty  to  Animals,  agents  of, 
visiting  by,  of  certain  places  used  for  slaughtering  of 
horses  and  mules,  etc.  ...... 

Soldiers'  Home  in  (see  Soldiers'  Home  in  Massachusetts). 

state  college,  appropriations  ....... 


forest  cutting  practices,  law  providing  for  establishment  of, 
as  affecting  ........ 

state  guard  (see  Militia,  state  guard). 


training  schools,  trustees  of,  appropriations 


volunteer  militia  (see  Militia). 
See  also  Commonwealth. 
Massapoag  Lake,  Sharon,  town'of,  in,  control  of  . 
Matrimony  (see  Marriage). 

Mattapan  district  of  Boston,  Neponset  river,  banks  of,  in,  con- 
struction of  fence  along  portions  of,  etc. 
appropriation     ......... 

MAYORS: 

borro-A^iig  of  money  by  cities,  public  welfare,  soldiers'  benefits, 
federal  emergency  unemployment  relief  projects  and  dis- 
tribution of  surplus  commodities,  on  account  of,  approval 

by 

tax  titles,  based  upon,  approval  by       .  .  .  . 

budgets  in  cities  other  than  Boston,  powers  and  duties  as  to 
further  regulated  ...... 

city  officers  and  employees  in  military  or  naval  forces,  act  au 
thorizing  certain  payments  to,  acceptance  by  .  .     . 

collectors  of  taxes,  suspension  of  authority  of,  notice  of,  to  . 

county  tuberculosis  hospital  districts,  report  of  budget  esti 
mates  of,  furnishing  of,  to,  etc.       .  .  .  . 

horses  and  mules,  buildings  used  for  slaughtering  of,  permits  for 
by 

military  or  naval  service  of  elected  officers  in  cities,  filling  of  va- 
cancies in  cases  of,  powers  and  duties  as  to     . 


Chap. 


143 

68 
370 

68 

370 
513 

68 

370 

113 
433 

222 

37 

/    68 

\370 

426 


14 
f  68 
1370 


332 

68 

370 

513 

539 

68 

370 
513 

73 

466 
572 


Item  or 
Section. 


1.2 

1918-00 
1918-00 

1306-01  to 
1306-10 

1306-01  to 
1306-10 
1308-01 

1805-00, 
4411 

1805-00, 
4411 


1,2 


0503-02 
0503-02 


1321-00 
1321-00 


10 

1341-00  to 
1341-97 

1341-00  to 
1341-98 
1341-00, 
1341-79 

Subs.  45 

1908-01  to 
1917-00 

1908-01  to 
1917-24 
1908-02 


1-6 


1,  2 
8602-33, 
Page  798 


.   44 
.  413 

1 

1 

.'   62 

.  499 

.  284 

.  414 

2 

.'  332 

9 

'  648 

3 

Index. 


1083 


MAYORS  —  Concluded. 

personal  property,  certain,  owned  by  cities,  sale,  exchange  or  loan 
to  United  States  during  existing  emergency  by,  authorized 

retirement  allowances  of  certain  former  city  employees  retired 
for  accidental  disability,  act  authorizing  increase  of, 
powers  as  to         . 

road  and  snow  removal  equipment,  certain,  leasing  of,  to  com- 
monwealth and  political  subdivisions  thereof,  approval 
by,  etc.       ......... 

school  services,  extended,  for  children  of  employed  mothers,  bor- 
rowing of  money  outside  debt  limit  for,  approval  by 

state  institutions,  certain,  transfer  of  patients  or  inmates  of,  to 
city  institutions,  acceptance  by,  etc.       .  . 

United  States  savings  bonds,  war  bonds,  etc.,  reinvestment  of 
funds  in,  by  cities,  approval  by     .       _   . 

voting  lists,  state  wide  verification  of,  certain  certificates  relat- 
ing to,  filing  with  ....... 

ways  other  than  state  highways,  laying  out  and  altering  of,  by 
department  of  public  works,  powers  and  duties  as  to 
McDonald,  Walter  R.,  payment  by  commonwealth  of  annuity  to 
widow  of    ......  .        Resolve 

McLaughlin,  Edward  J.,  payment  by  commonwealth  of  sum  of 
money  to,  as  compensation  for  certain  property  taken  for 
highway  purposes         .....        Resolve 

appropriation  ........ 

John  J.,  acts  as  notary  public  validated  .  .  .        Resolve 

McMahon,  Gertrude  E.,  acts  as  notary  public  validated      Resolve 
Meals,  county  officials  and  employees,  reimbursement  for  expenses 
of,  in  certain  cases,  regulated         .  .  .  . 


excise  upon,  administration  of,  appropriations 

state  officials  and  employees,  reimbursement  for  expenses  of,  in 
certain  cases  regulated  ...... 

Meat,  horses  and  mules,  slaughtering  of,  for  use  as,  regulated,  etc.     . 
See  also  Veal. 

Medfield  state  hospital,  appropriations       ..... 

Medford,  city  of  (see  Cities  and  towns). 

Medical  examination,  issuance  of  policies  of  life  or  endowment  in- 
surance without,  authorized  .  .  .  _        . 

Medical  examiners,  Barnstable  county,  associate  medical  exam- 
iners in,  authorized  to  perform  duties  of  medical  examiner 
thereof  in  certain  cases  ...... 

fees  of,  appropriations   ........ 

Medical  expenses,   old  age  assistance  recipients,  of,  payment  of, 
relative  to  .  .  .  .  .  .  •  . 

poor  persons,  sick,  in  connection  with  support  of,  state  reim- 
bursement of  cities  and  towns  on  account  of  . 
Medical  service  corporations,  pay-roll  deductions  from  salaries  of 

certain  public  employees  for  payments  to,  authorized 
Medical  services,  dependent  children  and  their  parents,  rendered  on 
account  of,  payment  for        .  .  .  .  ■  ■ 

liability  insurance  policies,  inclusion  in  certain,  of  coverage  in 
respect  to  .  .  .  . 

See  also  Workmen's  compensation. 
Medicine,  board  of  registration  in  (see  Civil  service  and  registra- 
tion, department  of). 
veterinary,  board  of  registration  in  (see  Civil  service  and  regis- 
tration, department  of). 
Meeting  halls  (see  Assembly,  places  of). 
MEMORIALS : 

state  guard,  Massachusetts,  temporary  memorial  in  state  house 
to  certain  members  of,  authorized  .  .        Resolve 

world  war,  present,  services  and  sacrifices  of  persons  in,  to  com- 
memorate, erection  of,  act  enabling  cities  and  towns  to 
appropriate  money  for  .  .  . 

Menemsha  creek,  improvements  in,  reappropriation 
Mental  diseases  (see  Defective  delinquents;   Insane,  feeble-minded 
and  epileptic  persons;    Mental  health,  department  of). 


Chap. 

214 

452 

474 
493 
422 
5 
537 
416 
61 

18 

672 

65 
4 

465 
G8 

370 

'  68 
370 
332 

68 
370  I 

186 

153 
/370 
1513 

506 

476 

424 

97 

375 


Item  or 
Section. 


1.2 

1,2 
3 

1.2 
1 
3 


2930-11, 
Page  799 


1201-21, 

1201-22 

1201-21, 

1201-22 

4 

4 

1-10 

1716-00 

171G-00  to 

1716-28 


1,  2 
0505-01 
Page  665 


6,7 


1.2 


30 


99 
572 


Page  792 


1084 


Index. 


Chap. 


Item  or 
Section. 


MENTAL  HEALTH,  DEPARTMENT  OF: 


in  general,  appropriations 


defective  delinquents,  act  making  changes  in  laws  relative  to 

as  affecting  powers  and  duties  of  . 
insane  persons  boarded  out  by,  charges  to  be  made  for  care  of 

during  present  emergency,  relative  to     . 
sex  crimes,  so  called,  admission  to  bail  of  persons  charged  with 

certain  information  in  connection  with,  by 
commissioner,   drunkenness,   problem  of,  special  commission 

to  investigate,  to  be  member  of     .  .  .        Resolve 

state  institutions,  certain,  transfer  of  patients  or  inmates  of, 

to  municipal  or  county  institutions  by,  etc.     . 


mental  hygiene,  division  of,  appropriations 


Mental  hygiene,  division  of  (see  Mental  health,  department  of). 

Mercantile  establishments  (see  Buildings). 

Merrimack  river,  bridge,  without  a  draw,  across,  in  city  of  Haver- 
hill, construction  of      ......  . 

Mesne  process,  attachment  of  property  by  trustee  process  on  (see 
Trustee  process). 

Messengers  (see  Court  officers  and  messengers). 

Meters,  gas,  stamping  of,  as  correct,  temporary  amendment  of  laws 
relative  to  ........ 

Methodist  Religious  Society  in  Boston,  Trustees  of,  number, 
qualifioations  and  election  of  members  and  officers  of, 
relative  to  .  .  .  .  .  .  .       _    . 

Metropolitan  Boston  area,  rapid  transit  in,  investigation  relative 
to       ........        Resolve 

transportation  facilities  in  and  around,  co-ordination  of,  in- 
vestigation relative  to,  continued  .  .        Resolve 

appropriation  ........ 

METROPOLITAN   DISTRICT    COMMISSION: 


in  general,  appropriations 


employees,  technical,  of,  killed,  etc.,  in  performance  of  duty, 
payment  of  annuities  to  dependents  of,  relative  to    . 

fiscal  year  of,  changing  of,  to  conform  with  that  of  common- 
wealth, investigation  relative  to     .  .        Resolve 

labor  service  of,  classification  of  positions  in,  survey  relative 
to       .......  .        Resolve 

Malibu  beach  in  Dorchester  district  of  Boston,  sanding  of,  by 

appropriation       ........ 

metropolitan  water  supply  system,  furnishing  of  water  from, 
to  cities  and  towns  in  metropolitan  water  district  and 
certain  other  cities  and  towns,  powers  and  duties  as  to 

Neponset  river,  fence  along  portions  of  banks  of,  in  Boston, 


32 

127 

205 
56 


35 

572 


H 


370 


513 
572 

366 

47 

53 
446 

572 

543 
567 


1,2 
1702-00. 
1702-21 
1702-00, 
1702-21 
1702-21 
1702-00 


1,2 


construction  of,  by 

466 

appropriation  . 

572 

provenient,    beautification    of, 

by 

etc.. 

survey    relative    to. 
Resolve 

40 

1,2 
1-3 


0204, 
Page  798 

2931-00  to 
2937-06, 

8602-00  to 
8902-35 
2931-00, 
Page  667 
2931-00, 
Page  796 


8602-32, 
Page  798 

1-3 
3 

1,2 
8602-33, 
Page  798 


Index. 


1085 


Chap. 


METROPOLITAN    DISTRICT   COMMISSION  —  Concluded. 
in  general  —  Concluded. 

police  force  of,  Freitas,  Theodore,  payment  by  commonwealth 
of  sum  of  money  to,  for  services  rendered  prior  to 
resignation  from        .....        Resolve 

appropriation       ........ 

chairman,  post-war  highway  commission,  so  called,  to  be  or  to 
designate  member  of    .  .  .  .  .        Resolve 

METROPOLITAN   DISTRICTS: 

sewer  districts,  north  district,  appropriations 


south  district,  appropriations 


water  district,  appropriations        ...... 

water  supply  system  of,  furnishing  of  water  from,  to  certain 
additional  cities  and  towns,  relative  to  . 
Metropolitan  district  water  supply  commission,  Quabbin  res- 
ervoir, flow  of  water  from,  and  improvement  of  Swift  and 
Ware  rivers,  investigation  relative  to,  by         .        Resolve 

Metropolitan  state  hospital,  appropriations        .  .         . 

Metropolitan  water  district  (see  Metropolitan  districts,  water 
district). 

Mice  (see  Rodents). 

Michael,  Arthur,  estate  of,  payment  by  commonwealth  of  sum  of 
money  to,  as  compensation  for  certain  property  taken  for 
highway  purposes         .....        Resolve 

appropriation     ......... 

MIDDLESEX   COUNTY: 

appropriations  for  maintenance  of,  etc.    ..... 

registry  of  deeds  for,  filing  in,  of  certificates  and  deeds  in  con- 
nection with  uniting  of  Beacon  Universalist  Parish  with 
First  Universalist  Society  in  Waltham  .... 

tax  levy        .......... 

tuberculosis  hospital  of,  unpaid  bills  against  city  of  Somerville 
for  board  of  patients  at,  payment  of        . 
Milford,  town  of  (see  Cities  and  towns). 
Military,  aid  (see  State  aid,  military  aid  and  soldiers'  relief). 

division,  e.xecutive  department,  of,  allowances  in,  further  regulated 
motor  vehicles  for  use  of,  providing  for,  etc. 

expenses,  certain,  relative  to  . 

special,  appropriation  ....... 

purposes,  personal  property,  gifts  of,  for,  acceptance  by  adju- 
tant general  authorized,  etc.  ..... 

publicly  owned,   certain  state,  county  and  municipal  offi- 
cers authorized  to  sell,  loan,  etc.,  to  United  States  for 

reservation,  state,  Barnstable  county,  in,  development  of,  appro- 
priations    .  .  .  .  .  .  .  .  .  ' 

reservations,  'acquisition  by  United  States  of  certain  lands  in 

counties    of    Bristol,    Dukes,    Essex    and    Plymouth    for, 

consent  of  commonwealth  to,  etc.  .... 

MILITARY  AND  NAVAL  SERVICE  OF  THE  UNITED  STATES: 

absent  voting  by  residents  of  commonwealth  in,  and  qualifica- 
tion of  such  residents  as  voters,  relative  to     . 

coast  guard  service,  persons  in,  extension  to,  of  benefits  of  vet- 
erans' preference,  so  called,  under  civil  service  laws 

co-operative  banks,  shares,  certain,  of,  owned  by  persons  in,  or 
by  their  dependents,  relative  to    . 

county  and  municipal  officers  and  employees  in,  certain  pay- 
ments to,  authorized    ....... 

deeds  of  conveyance,  powers  of  attorney,  etc.,  acknowledgment 
of,  etc.,  by  persons  in,  relative  to  .  . 

employment,  post-war,  of  persons  in,  opportunities  for,  etc., 
survey  and  study  relative  to  .  .  .        Resolve 

appropriation  ........ 


21 
57 


H 


46 

370 
572  { 
370 
572 

370 

572 
'543 
567 


16 

68 

370 

572 


18 
572  I 

465 


146 
465 


449 


Item  or 
Section. 


2932-05, 
Page  798 


8802-00 

8802-00, 

8802-24 

8807-00 

8807-00, 

8807-24 

8902-00  to 

8902-35 

8902-00 

1-3 

3 


1717-00 

1717-00 

Page  793 


2930-11, 
Page  799 


3-5 

1 


1-4 


262 
409 
348 
370 

1-3 

1-4 

2 

0411-01 

362 

1,  2 

214 

68 

370 

0403-17 
0403-17 

460 

1-3 

390 

1-15 

469 

142 

499 

548 

9 

71 

572  1 

0246, 
Page  801 

1086 


Index. 


MILITARY  AND  NAVAL  SERVICE  OF  THE  UNITED  STATES 

—  Concluded. 

entertainment  of  persons  inducted  into,  cities  and  towns  author- 
ized to  appropriate  money  for        ..... 

firemen,  call,  part  call  firemen  or  substitute  call  firemen  in, 
continuous  service  required  for  promotion  to  permanent 
force,  computing  of,  relative  to      . 

hunting  and  fishing  certificates,  special,  issuance  to  persons  in    . 

licenses,  permits  and  certificates  of  registration,  certain,  held  by 
persons  in,  renewal  of,  and  remission  of  certain  fees  in 
connection  therewith    ....... 

liquor  control  law,  so  called,  hotel  and  club  licenses  under,  sur- 
render and  reservation  of,  in  the  case  of  holders  thereof 
ceasing  to  exercise  same  by  reason  of  use  of  hotel  or  club 
covered  thereby  by  United  States  in  connection  with 
licenses  under,  surrender  and  reservation  of,  in  the  case  of 
holders  thereof  prevented  from  exercising  same  by  reason 
of 

marriage,  notice  of  intention  of,  filing  of,  and  issuance  of  certifi- 
cates of  such  filing,  further  regulation  of,  as  affecting 
persons  in  . 

monuments  or  memorials  to  commemorate  services  and  sacrifices 
of  persons  in,  erection  of,  appropriations  by  cities  and 
towns  for    .  .  .  .  .  .  .  .  . 

mortgages  of  real  or  personal  property  in  which  soldiers  or  sailors 
may  be  interested,  judicial  determination  of  rights  of 
seizure  or  foreclosure  contained  therein 

motor  vehicle  registration  fees  paid  by  persons  in,  rebate  of,  in 
certain  cases        ....... 

poll  taxes,  payment  of,  exemption  from,  of  persons  in 

public  officers  and  employees  in,  contingencies  arising  in  connec- 
tion with  service  of,  act  meeting   .... 
inclusion  within  operation  of,  of  women's  auxiliary  military 
and  naval  units  ....... 

real  property  of  persons  in,  and  their  spouses,  temporarily  ex- 
empted from  taxation  ..... 

records  relating  to  persons  in,  copies  of,  furnishing  without 
charge  in  certain  cases  ..... 

retirement  of  persons  in,  etc.,  investigation  relative  to       Resolve 

retirement  systems,  contributory,  contributions  to,  on  account 
of  persons  in,  commonwealth  and  political  subdivisions 
required  to  appropriate  special  funds  for  payment  of 

Soldiers'  Home  in  Massachusetts,  admission  to  and  treatment  at, 
eligibility  for,  of  certain  persons  in  ...  . 

state  and  military  aid,  soldiers'  relief,  etc.,  granting  to  certain 

persons  in,  act  making  certain  changes  in  laws  relating  to 

granting  to  persons  in,  and  to  persons  honorably  discharged 

from  such  service  and  their  dependents  .  .  .  . 

unemployment  compensation  payments  to  persons  in,  upon  ter- 
mination of  service,  relative  to      . 

voters,  registered  as,  persons  in,  proper  identification  of,  at  polls, 
restoring  to  voting  lists  the  names  of  such  persons  stricken 
therefrom,  etc.,  providing  for        .  .  .  .  . 

women's  auxiliary  military  and  naval  units,  extension  to,  of 
benefits  of  veterans'  preference,  so  called,  under  civil  serv- 
ice laws       .  .  .  .  .  .  .    _      .  . 

inclusion  of,  within  operation  of  act  meeting  certain  contin- 
gencies arising  in  connection  with  service  of  public  officers 
and  employees  in  .  .  .  .  .  .  . 

written  instruments,  acknowledgment  of,  by  persons  in,  relative 
to .  . 

See  also  National  emergency,  existing,  legislation  pertaining  to; 
Soldiers,  sailors  and  marines;  Veterans. 
Military  substitutes,  fire  departments,  serving  in,  cities  and  towns 

permitted  to  indemnify,  for  certain  damages   . 
MILITIA: 

in  general,  allowances  to,  further  regulated       .  .  .  . 

appropriations  ......... 


Chap. 


177 


338 
388 


421 


Item  or 
Section. 


57 

401 
406 

548 

172 

412 

484 
49 

419 
443 
455 
211 
319 

253 

194 

172 
160 

431 

262 
68 

370 


1.2 


542 

20 

542 

21 

561 

1-3 

99 

1-4 

1.2 
1.2 

1-11 


1,2 


1-15 
1,2 
1.  2 

1.  2 


1,  2 


1.  2 

1-3 
0403-01  to 

0403-23 
0403-01  to 

0404-32 


Index, 


1087 


Chap. 


MILITIA  —  Continued. 
in  general  —  Concluded. 

Birdseye,  Clarence,  payment  by  commonwealth  of  sum  of 
money  to,  as  reimbursement  for  obligations  incurred 
in  payment  of  certain  notes  signed  by  certain  unit 
of  .  .  .  .  .  .        Resolve 

appropriation       ........ 

expenditures,  certain,  by  governor  in  connection  with,  relative  to 

Hajjar,   James   M.,   payment   by    commonwealth    of    sum   of 

money    to,    on    account    of    injuries    received    while    on 

duty  with   .......        Resolve 

Herrick,  Arthur  E.,  estate  of,  payment  by  commonwealth  of 
sum  of  money  to,  as  reimbursement  for  obligations  in- 
curred in  payment  of  certain  notes  signed  by  certain 
unit  of    .  .  .  .  .        Resolve 

appropriation       ........ 

laws  relative  to,  amended    ....... 

motor  vehicles  for  use  of,  and  settlement  of  claims  arising  out 
of  operation  thereof,  providing  for  .... 

Parsons,  Carleton  H.,  estate  of,  payment  by  commonwealth  of 
sum  of  money  to,  as  reimbursement  for  obligations  in- 
curred in  payment  of  certain  notes  signed  by  certain 
unit  of    .  .  .  .  .  .  .        Resolve 

appropriation       ........ 

Sewall,  Arthur  B.,  estate  of,  payment  by  commonwealth  of 
sum  of  money  to,  as  reimbursement  for  obligations  in- 
curred in  payment  of  certain  notes  signed  by  certain 
unit  of     .  .  .  .  .        Resolve 

appropriation       ........ 


adjutant  general,  appropriations      ...... 

gifts  of  personal  property,  acceptance  for  military  purposes  by, 
authorized,  etc.   ........ 

motor  vehicles  for  use  of  military  forces,  acquisition,  regis- 
tration, etc.,  of,  powers  and  duties  as  to  . 

armories,  appropriations  ....... 


superintendent  of,  appropriations  ..... 

armory  commission  (see  Armory  commission). 

commander-in-chief,  motor  vehicles  for  use  of  military  forces, 
acquisition  of,   and   settlement   of   claims   arising   out  of 
operation  thereof,  powers  and  duties  as  to        . 
pay  and  allowances  of  officers,  warrant  officers  and  soldiers, 
powers  and  duties  as  to,  further  regulated 

judge  advocate,  state,  appropriations       ..... 

land  forces,  officers,  warrant  officers  and  soldiers  of,  pay  and  al- 
lowances further  regulated    .,.,,. 
organization  of  ........ 

organized  militia,  relative  to  . 


29 
572  I 
348 

34 


29 

572  I 

35 

409 


29 
572  I 


29 
572 


68 
370 


362 

409 
68 

370 

68 
370 
572 


409 


quartermaster,  state,  appropriations 


state  guard,  allowances  to,  further  regulated      .... 

organizing,  maintaining,  etc.,  of,  acts  in  connection  with,  rati- 
fied     

temporary  memorial  in  state  house  to  certain  members  of, 
authorized  ......        Resolve 

uniforms  and  equipment  for,  appropriation  .... 


Item  or 
Section 


2820-08, 

Page  798 

2 


2820-08, 

Page  798 

1-8 

1-4 


2820-08, 
Page  798 


2820-08, 

Page  798 

0402-01  to 

0402-04 

0402-01  to 

0402-04 

1.  2 

1.  2 
0406-04 
0406-04, 
0406-05 
0405-02 
0405-02 
0405-02 


394 

1,  2 

f  68 

0408-01 

1370 

0408-01 

394 

1,  2 

35 

6,  7 

35 

2 

68/ 

0405-01  to 

0406-06 

370  / 

0405-01  to 

0406-07 

513 

Page  665 

572 

0405-02 

262 

1-3 

35 

8 

30 

370 

0404-31 

1088 


Index. 


MILITIA  —  Concluded. 

superintendent,  armories,  of,  appropriations 

arsenal,  of,  appropriations  . 

surgeon,  state,  appropriations 
MILK   CONTROL   BOARD: 

appropriations       ..... 


powers  and  duties,  failure  to  pay  official  minimum  price  for  milk, 
in  case  of,  defined         ....... 

further  provisions  for  enforcement  of  milk  control  law,  as  affecting 
MILK   CONTROL   LAW: 

construction  and  enforcement  of,  act  in  aid  of  ... 

enforcement  of,  relative  to      .  .  .  .  .  . 

sale,  etc.,  of  milk,  powers  and  duties  of  milk  control  board  in 
case  of  failure  to  pay  official  minimum  price  for,  defined  . 
Millbury,  town  of  (see  Cities  and  towns). 

Miller,  Dora,  acts  as  notary  public  validated  .  .       Resolve 

Millville,  town  of  (see  Cities  and  towns). 

Minimum  Wage  Compact,  so  called,  between  commonwealth 
and  certain  other  states,  abrogated         .... 

Minimum  wage  service,  department  of  labor  and  industries,  ap- 
propriations        ........ 

Minors,   alcoholic  beverages,   delivery,  etc.,   to  or  for  use  of,   by 
patrons  of  package  stores,  so  called,  prohibited 
crime,  charged  with,  detention,  commitment  and  care  of,  pend- 
ing arraignment,  examination  or  trial,  relative  to     . 
emplojonent  of,  rules  and  regulations  limiting  or  prohibiting, 
suspension  of,  to  relieve  man-power  shortage  due  to  exist- 
ing war       ......... 

See  also  Children;  Infants. 
Mixer  Brothers  Company,  The,  revived     . 

Moderators,  town  or  districts,  of,  correctional  changes  in  laws  re- 
lating to  election  of      ......  . 

Monson  state  hospital,  appropriations        ..... 

Monuments  (see  Memorials). 

Morality,  decency,  etc.,  certain  crimes  against,  relative  to    . 
Morris  plan  banks,  so  called,  taxation  of,  provisions  of  law  relat- 
ing to,  brought  into  conformity     ..... 
Mortality  tables,  etc.,  retirement  systems  of  commonwealth  and 
political  subdivisions  thereof,  for,  continued   . 
teachers'  retirement  system,  for,  restored  .... 

Mortgages,  construction,  savings  bank  loans  secured  by,  delayed 
original  payments  on   .  .  .       _  . 

real  estate,  foreclosure  of,  investigation  relative  to    .  _  Resolves 
old  age  assistance,  so  called,  given  by  certain  recipients  of, 
proceedings  on,  approval  by  department  of  public  wel- 
fare required  in  connection  with    ... 
salvage  operations  of  trustees  in  connection  with,  relative  to  . 
savings  bank  loans  secured  by,  payments  on,  at  intervals  of 
not  more  than  three  months  ..... 

real  or  personal  property,  of,  judicial  determination  of  rights  to 
exercise  powers  of  seizure  or  foreclosure  under,  in  which 
soldiers  or  sailors  may  be  interested        .... 

Mosquito  control  project.  Cape  Cod,  appropriations 


Chap. 

68 
370 
572 

68 
370 

68 

370 
513 


370 
513 
572 

445 
164 

147 
164 

445 

12 


.255 
68 

370 
.513 

542 

244 

382 

180 

453 

68/ 
370 

377 

472 

497 
496 

94 


Item  or 
Section. 

0405-02 
0405-02 
0405-02 
0405-01 
0405-01 

0407-01  to 
0407-03 

0407-01  to 
0407-03 
0407-03 

0906-01  to 
0906-03 

0906-01  to 
0906-03 
0906-03 
0906-01 
0906-03 


1-3 

1601-71, 
1601-72 

1601-71, 
1601-72 
1601-71 

15 

1-4 


1,2 


1,2,5 

1722-00  to 

1722-26 

1722-00 


1.2 


389 

1,2 

94 

1.2 

57 
f    68 
\370 

1-4 
3901 
3901 

Index. 


1089 


Mothers,  employed,  children  of,  extended  school  services  for  . 
Mothers  with  dependent  children,  aid  to,  absence  from  common- 
wealth by  recipients  thereof,  continuance  of  such  aid  in 
cases  of       ........  . 

borrowing  by  cities  and  towns  on  account  of    .. 
medical,  hospital  and  other  services  rendered  on  account  of,  pay- 
ment for,  relative  to     . 
records  concerning,  etc.,  inspection  and  disclosure  of,  relative  to 

reimbursement  of  cities  and  towns  for,  appropriations 

relative  to  ........  . 

Motor  buses  (see  Motor  vehicles). 

Motor  carriers  (see  Motor  vehicles,  passengers,  transporting,  for 

hire;  property,  transporting). 
Motor  fuel  (see  Gasoline) . 


Motor  Fuel  Sales  Act,  administration  of,  appropriations 


Chap. 
493 


117 
44 

97 

169 

f    68 

]  370 

[513 

491 


68 
370 


Motor  trucks  (see  Motor  vehicles,  property,  transporting;   trucks). 
Motor  vehicle,  commercial,  division  (see  Public  utilities,  depart- 
ment of). 
Motor  vehicle  liability  insurance,  compulsory,  law  as  to  (see 
Motor  vehicles,  liability  for  bodily  injuries,  etc.,  caused 
by,  security  for). 
MOTOR   VEHICLES: 

buses,   cities  and  towns  temporarily  authorized  to  contribute 
toward  cost  of  transportation  by  . 
unlawful  injury  to  or  interference  with,  etc.,  prohibited, 
common  carriers  of  passengers  for  hire  by  (see,  infra,  passengers, 

transporting,  for  hire), 
county  employees,  owned  by,  allowances  for  expenses  of,  limited 
excise  on  registered,  notices  of,  printing  on,  of  law  providing  for 
suspension  of  certificates  of  registration  for  non-payment 
of  such  excise,  requirement  of,  eliminated 
fuel  used  in  propelling  (see,  infra,  gasoline,  etc.). 
gasoline  and  certain  other  fuel  used  in  propelling,  excise  tax  on 
sales  of,  additional,  time  during  which  effective  further 
extended     ......... 

law  relating  to,  act  making  certain  changes  in    . 


motor  fuel  sales  act,  administration  of,  appropriations 


insurance  in  relation  to,  compulsory  liability  (see,  infra,  liability 

for  bodily  injuries,  etc.,  caused  by,  security  for), 
liability    for    bodily    injuries,    etc.,    caused    by,    non-residents, 
operated    by,    insurance    against,    investigation    relative 
to       .......  .        Resolve 

persons  participating  in  car  or  ride  sharing  plans,  so  called, 
in  the  case  of,  relative  to      .....  . 

security  for: 

bonds  and  policies,  accident  benefits,  additional  coverage 
of,  inclusion  in  ....... 

appeals  to  superior  court  in  tort  actions  arising  out  of 
operation  of  motor  vehicles,  no  bond  or  deposit  re- 
quired of  defendant  where  payment  of  judgment  is 
secured  by        .......  . 

board  of  appeal  on,  appropriations  .... 

fraudulent  claims  under,  penalty  for,  investigation  rela- 
tive to     .  .  .  .  .  .  .        Re.solve 

law  relative  to,  scope  of,  investigation  relative  to       Resolve 

vehicles  under  control  of  military  forces  of  commonwealth,  in 

the  case  of,  settlement  of,  etc.  ..... 

licenses  to  operate,  renewal  of,  by  persons  in  military  or  naval 
service,  relative  to         ......  . 


513 


Item  or 
Section. 

1-6 


1-4 


1907-05 
1907-05 
1907-05 


1601-53, 
1601-54 

1601-53, 
1601-54 
1601-53 


157 
322 


465 
18 


270 
420 

68 

370 
513 


1.2 
3 


1-4 

1601-53, 
1601-54 

1601-53, 
1601-54 
1601-53 


11 

485 

1,2 

375 

2 

296 
437 

4,6 

68  1 
370  1 

1103-02, 
2970-02 
1103-02, 
2970-02 

14 
11 

409 

1-4 

421 

1090  Index. 


Item  or 
Chap.  Section. 

MOTOR    VEHICLES  —  Concluded. 

liens  upon,  foreclosure  of,  when  such  motor  vehicles  are  for  use 

of  United  States  during  present  emergency,  providing  for     341  1,  2 

military  division  of  executive  department,   for,   acquisition  of, 

etc 409  1-4 

non-residents,  owned  by,  operation  in  this  commonwealth,  inves- 
tigation relative  to        ....  .        Resolve       11 

number  plates,  displayed  on,  furnishing  and  use  of,  during  exist- 
ing state  of  war,  relative  to    .  .  .  .  .  .     278  1,  2 

military  forces  of  commonwealth,  vehicles  under  control  of, 

for 409  2 

operation  of,  car  or  ride  sharing  plans,  so  called,  under,  liability 

of  persons  participating  in,  relative  to    .  .  .  .     485  1,  2 

licenses  for  (see,  supra,  licenses  to  operate). 

military  forces  of  commonwealth,  under  control  of,  etc.    .  .     409  1—4 

non-residents,  by,  investigation  relative  to    .  .        Resolve       11 

speed  of,  and  operation  thereof  on  state  highways,  etc.,  inves- 
tigation relative  to        ....  .        Resolve       66 

tort,  actions  of,  arising  out  of  (see,  infra,  tort  actions  arising 
out  of  operation  of), 
passenger,  purchase  by  commonwealth,  at  price  exceeding  one  f    68  4 

thousand  dollars,  restricted  .  .  .  .  .  .  \  370  4 

passengers,  transporting,  for  hire,  buses  used  in,  cities  and  towns 

temporarily  authorized  to  contribute  toward  cost  of  .      157 

Revere,  in,  certain  restrictions  on  granting  of  new  licenses 

for,  suspended      ........      162  1,  2 

plates,  number,  displayed  on,  furnishing  and  use  of,  during  ex- 
isting state  of  war,  relative  to  ....  .     278  1,  2 

military  forces  of  commonwealth,  vehicles  under  control  of, 

for 409  2 

registrar  and  registry  of  (see  Public  works,  department  of). 


1  2924—0*^ 

registration  of,  appropriations  .  .  .  .  .  .  i  >     2924-01  to 


2924-01  to 
370 


2924-03 
excise  for  privilege  of  (see,  supra,  excise  on  registered), 
fees  for,  rebate  of,  in  case  of  registrants  who  enter  military  or 

naval  service,  providing  for  .....     401  1,  2 

plates,  number,  furnishing  and  use  of,  in  connection  with,  dur- 
ing existing  state  of  war,  relative  to        .  .  .  .     278  1,  2 
military  forces  of  commonwealth,  vehicles  under  control  of, 

for .409  2 

renewal  of,  by  persons  in  military  or  naval  service,  relative 

to 421 

road  and  snow  removal  work,  used  in,  use  of,  by  commonwealth 
and  political  subdi\'isions  thereof,  temporarily  providing 

for 474  1,  2 

state  employees,  owned  by,  allowances  for  expenses  of,  amounts  f    68  5 

available  for  .......  \  370  5 

storage  of,  school  premises  in  city  of  Boston,  on,  in  connection 

with  "shop  courses",  .so  called,  authorized      .           .           .     351  1,  2 
tax,  excise,  on  (see,  supra,  excise  on  registered), 
tort  actions  arising  out  of  operation  of,  car  or  ride  sharing  plans, 
so  called,  under,  liability  of  persons  participating  in,  rela- 
tive to 485  1,  2 

jurisdiction  arid  venue  of,  relative  to    .  .  .  .  .  I  .^~ 

practice  of,  by  justices  of  district  courts,  authority  to  prohibit, 
granted  to  administrative  committee   of  district  courts, 
other  than  municipal  court  of  city  of  Boston    .  .  .      101 

trackless    trolley    vehicles,    so    called,    improper    operation    of, 

penalized    .........     141 

unlawful  injury  to  or  interference  with,  etc.,  prohibited  .  .     322  1,  2 

trailers,  excise  on  registered,  notices  of,  printing  on,  of  law  pro- 
viding for  suspension  of  certificates  of  registration  for  non- 
payment of  such  excise,  requirement  of,  eliminated  .  .18 
fees  for  registration  of,  rebate  of,  in  case  of  registrants  who  enter 

military  or  naval  service,  providing  for  ....     401  1,  2 

operation  of,  non-residents,  by,  investigation  relative  to  Resolve      11 
trucks  (see,  supra,  property,  transporting). 
United  States,  for  use  of,  foreclosure  of  liens  upon,  during  present 

emergency,  providing  for       ......     341  1,  2 


Index. 


1091 


Mount  Greylock  war  memorial,  maintenance  of,  appropriations 

Mount  Wadsworth  Cemetery,  town  of  Sudbury  authorized  to  re- 
ceive and  administer  property  of,  and  validating  certain 
acts  in  connection  therewith  ..... 

Mules,  slaughtering  of,  to  be  governed  by  law  regulating  slaughter- 
ing of  certain  animals,  etc.    ...... 

Municipal  courts  (see  District  courts). 

MUNICIPAL   FINANCE: 


accounts,  auditing  and  installing  of,  appropriations 


appropriations,  emergency,  during  existing  state  of  war,  author- 
ized   .......... 

monuments  or  memorials  commemorating  services  and  sacri- 
fices of  persons  in  military  or  naval  forces  of  United  States 
in  present  war,  erection  of,  for       ..... 

motor  bus  service  in  cities  and  towns,  contributions  for,  for 
public  entertainment,  for,  further  regulated 
ragweed,  suppression  and  eradication  of,  for 
snow  and  ice,  removal  from  private  ways,  for 
state  aid  for  repair  of  public  ways  in  small  towns,  contribu- 
tions for,  for        ........ 

war  bonds,  etc.,  purchase  of,  for,  further  regulated 
borrowing  of  money,  defense  public  works,  so  called,  etc.,  co- 
operation with  federal  government  in,  for 
federal  emergency  unemployment  relief  projects,  on  account  of 
outside  debt  limit,  expenditures  during  existing  state  of  war, 
for,  authorized     ........ 

public  welfare  and  soldiers'  benefits,  on  account  of  . 

revenue  loans,  temporary,  renewal  of  certain 

tax  titles,  based  upon  ....... 

budgets,  annual,  in  cities  other  than  Boston,  clarification  of  law 
relative  to  ........ 

civilian  defense,  expenditures  by  cities  and  towns  for,  without 
appropriation       ........ 

emergency  finance  board  (see  Emergency  finance  board), 
federal  wildlife  refuges,  revenue  from,  payment  of,  to  munici- 
palities       ......... 

Highway  Fund,  portion  of,  payment  by  commonwealth  to  its 
municipalities  to  be  expended  by  them  for  local  highway 
purposes     ......... 

loans  (see,  supra,  borrowing  of  money). 

medical,  hospital  and  other  services  rendered  on  account  of  de- 
pendent children  and  their  parents,  payment  for 
municipal  officers  and  employees  in  military  or  naval  forces, 
certain  payments  to,  authorized    ..... 

rehabilitation  funds,  post-war,  establishment  of,  by  cities  and 
towns  ......... 

retirement  systems,  cities  and  towns,  of,  contributions  to,  on 
account  of  officers   and  employees  in  military  service, 
special  funds  provided  for     ...... 

revenue  loans  (see,  supra,  borrowing  of  money). 

snow  and  ice,  removal  from  private  ways,  appropriations  for    . 

surplus  commodities,  distribution  of,  borrowing  by  cities  and 

towns  on  account  of     . 
taxes,  and  charges  due  from  cities  and  towns  to  commonwealth, 
warrants  for,  payment,  etc.  .... 

See  also  Taxation,  local  taxes, 
tuberculosis  hospitals,  county,  charges  for  admissions  to,  and 
support  of  patients  in,  payment  by  cities  and  towns,  rela- 
tive to         ........  . 

United  States  defense  savings  bonds,  war  bonds,  etc.,  appro- 
priations by  cities  and  towns  for  investment  in 
See  also  City  and  town  treasurers. 
Municipal  hospitals  (see  Hospitals) . 

Municipal  lighting  plants,  exemption  of,  from  law  providing  for 
establishment  of  forest  cutting  practices 


Chap. 
/  68 
1,370 

450 
332 


370 
513 

75 


157 
177 
287 
225 

158 
5 

58 
44 

75 

44 

60 

413 

62 


463 


569 


Item  or 
Section. 

0443-01 
0443-01 


1-5 
1-10 


1203-11, 
1203-12 

1203-11, 
1203-12 
1203-11 

1-5 


1,  2 
1-3 


1,  5 


1-4 

1-5 
1-4 

1.  2 


1-3 


499 

5 

1.6 

419 

225 

44 
568/ 

1-4 

2-4,  6-8, 

10-12 

500 

1-3 

5 

1,5 

539 

Subs.  44 

1092 


Index. 


MUNICIPAL   OFFICERS   AND   EMPLOYEES: 

in  general,  accounts  of  (see  Municipal  finance). _ 

civil  service  laws,  as  affecting  (see  Civil  service  laws), 
election  of  (see  Elections). 

former,  temporarily  re-employed  during  existing  state  of  war, 
compensation  payable  to       .....  . 

military  or  naval  forces,  in,  certain  payments  to,  authorized  . 

contingencies   arising  in   connection   with   service   of,   act 

meeting         ........ 

inclusion   of  certain  women's   auxiliary  military  and 
naval  units  within  operation  of        . 
employees,  issuance  of  group  life  and  general  or  blanket  acci- 
dent or  health  insurance  policies  to  members  of  associa- 
tions of,  and  authorizing  pay-roll  deductions  on  account 
of  such  policies,  etc.     ....... 

vacations  for,  payments  in  lieu  of,  in  certain  cases 

workmen's  compensation  law,  self-insurance  under,  act  pro- 
viding for,  not  to  apply  to    .  .  .  . 
officers,  road  and  snow  removal  equipment,  certain,  use  of,  by, 
etc.    .          ... 
See  also  specific  titles  of  officers. 
Murphy,  Howard,  payment  by  commonwealth  of  sum  of  money  to 
heirs  of       ......  .        Resolve 


Chap. 


502 
499 

}548{ 


172 


appropriation    ......... 

Mutual  insurance  companies  (see  Insurance,  companies). 
Mutual  Savings  Central  Fund,  Inc.,  made  eligible  for  member- 
ship in  Savings  Banks  Employees  Retirement  Association 


424 
/280 
\499 

529 

474 

52 
572 


249 


Item  or 
Section. 


1.2 

1-4,  7.  8, 
10,  11 


1-7 

Subs.  25B 
1,2 


2820-08. 

Page  798; 

2820-09, 

Page  799 

Subs.  58 


N. 

Name,  change  of,  birth  records  and  previous  decrees  of  change  of 

name,  filing  of,  in  proceedings  for  ....     155 

soldiers,  sailors  and  marines,  of,  records  of,  furnishing  without 

charge  in  certain  cases  of  copies  of  ...  .     484 

corporations,  certain,  of,  assumption  of,  regulated     .  .  .     295 

[370 
Nantasket  beach  reservation,  maintenance  of,  appropriations       .  I 

572 


Nantasket-Boston  Steamboat  Company,  Inc.,  steamboat  serv- 
ice provided  by,  between  town  of  Hull  and  city  of  Boston, 
contributions  by  said  town  toward  cost  of,  authorized     . 
NANTUCKET    COUNTY: 

inland  waters  in,  stocking  with  fish,  relative  to  . 
sheriff,  traveling  expenses  incurred  by,  in  transportation  of  pris- 
oners, payment  of,  by  .... 

Narcotic  drugs,  act  making  clear  that  marihuana  or  marijuana  is 
subject  to  certain  laws  relating  to  .  .    _      . 

analysis  of,  etc.,  and  admissibility  in  evidence  of  certificates  of 
analysis,  relative  to      ......  . 

search  and  seizure  of  certain,  laws  relative  to,  further  regulated 
Natick,  town  of  (see  Cities  and  towns). 
National  banks  (see  Banks  and  banking). 

National  Defense,  Industrial  Committee  for,  service  of,  appro- 
priation     ......... 

NATIONAL  EMERGENCY,  EXISTING,  LEGISLATION  PER- 
TAINING TO: 
banks,  verification  by,  of  deposit  books  of  their  depositors  or 
shareholders  during  present  war  and  for  certain  period 
after  termination  thereof       .  .  .  .  . 

baseball  games,  conducting  of  certain,  on  Lord's  day,  time  of    . 

births,  deaths  and  marriages  taking  place  on  federal  reservations 

during  existing  state  of  war,  relative  to  ... 

Boston,  city  of,  lands,  certain,  in,  jurisdiction  over,  ceding  to 

United  States  for  purpose  of  coast  guard  base    . 

ceding  to  United  States  for  purpose  of  extending  Boston 

Navy  Yard      ........ 

ceding  to  United  States  to  facilitate  war  effort  of  United 
States  Navy    ........ 


501 
536 

216 

159 

305 

331 
357 

370 


1,2 


8611-00, 

8611-22 

8611-00. 

Page  796 

1.2 
1,2 

1-3 
1.2 
1.2 
1.2 


0460-01 


30 
303 

1.2 

408 

1-3 

458 

1-5 

457 

1-3 

477 

J-3 

Index. 


1093 


NATIONAL  EMERGENCY,  EXISTING,  LEGISLATION  PER- 
TAINING TO  — Continued. 

Boston,  city  of  —  Concluded. 

vote  required  for  passage  of  certain  orders  by  city  council  of, 
and  number  of  members  thereof  necessary  to  proceed 
with  drawing  of  jurors,  relative  to  .... 

building  laws,  certain,  non-compliance  with,  during  existing 
state  of  war,  not  to  be  deemed  a  violation  when  compli- 
ance therewith  is  prevented  by  federal  law,  etc. 

car  or  ride  sharing  plans,  so  called,  liability  of  persons  participat- 
ing in  use  of  motor  vehicles  under,  relative  to 

Chelsea,  city  of,  lands,  certain,  in,  jurisdiction  over,  ceding  to 
United  States  for  use  as  annex  to  Boston  Navy  Yard 

civilian  defense,  funds  allocated  to  cities,  towns  and  districts  for, 
expenditure  of,  without  appropriation,  relative  to  . 

civil  service  employees,  transfers  of  ....  . 

Commonwealth  Airport-Boston,  so  called,  improvement,  de- 
velopment, etc.,  of,  and  providing  approaches  and  means 
of  access  in  connection  therewith  ..... 

commonwealth,  oflScers  and  employees  in  service  of,  salaries  of, 
temporarily  increased  in  view  of  increase  of  cost  of  living 
due  to  present  state  of  war  ...... 

co-operative  banks,   conversion  into  federal  savings  and  loan 
associations,  further  regulated        ..... 
shares  of,  owned  by  persons  engaged  in  military  or  naval  serv- 
ice of  the  United  States,  or  their  dependents,  relative  to  . 

counties,    cities,    towns    and    districts,    contracts    with    United 
States  by,  for  use  or  occupation  of  certain  property,  au- 
thorized     ......... 

officers  and  employees  in  service  of,  except  Suffolk,  salaries 
of,  temporarily  increased  in  view  of  increase  in  cost  of 
living  due  to  present  state  of  war  .... 

defense  public  works,  etc.,  enabling  political  subdivisions  of  the 
commonwealth  to  accept  and  use  federal  funds  for,  and 
authorizing  said  subdivisions  to  co-operate  with  federal 
government  therein      ....... 

emergency  appropriations,  during  existing  state  of  war,  cities, 
towns  and  districts  authorized  to  borrow  outside  debt 
limit  for      ......... 

emergency  expenses,  temporary,  due  to  existing  state  of  war, 
appropriations     ........ 

fire  forces  or  fire  departments,  municipal,  military  substitutes 
serving  in,  indemnification  of  ....  . 

fishing  within  portion  of  coastal  waters  of  commonwealth  adja- 
cent to  town  of  Provincetowu,  temporarily  authorized 

food,  fuel  and  other  commodities,  production,  rationing,  etc.,  of, 
investigation  relative  to,  expenses  in  connection  with, 
appropriation       ........ 

gas  meters,  stamping  of,  as  correct,  temporary  amendment  of  law 
relative  to  ........ 

Hingham,  town  of,  land,  certain,  in,  jurisdiction  over,  ceding  to 
United  States  to  facilitate  war  effort  of  United  States  Navy 

horse  races  on  which  pari-mutuel  system  of  wagering  is  per- 
mitted, hours  during  which  such  races  may  be  conducted 
during  pre'sent  war       ....... 

insurance  companies,  annual  statements  and  schedules  of,  filing 
of,  during  existing  state  of  war,  relative  to      .  .  . 

certain,  renewal  certificates,  etc.,  issuance  and  use  of,  by,  tem- 
porarily authorized       ....... 

liquor  control  law,  so  called,  hotel  and  club  licenses  under,  sur- 
render and  reservation  of,  in  the  case  of  holders  thereof 
ceasing  to  exercise  same  by  reason  of  use  of  hotel  or  club 
covered  thereby  by  United  States  during  present  war 
licenses  under,  surrender  and  reservation  of,  in  the  case  of 
holders  thereof  prevented  from  exercising  same  by  reason 
of  military  or  naval  service  during  present  war 

loan  orders,  certain,  passage  by  city  councils,  as  affected  by  mili- 
tary or  naval  service  of  members  thereof         .  . 

man-power,  shortage  of,  certain  industries  and  establishments 
relieved  from  conditions  resulting  from  .  _        . 

military  emergency,  safety  of  commonwealth  in  time  of,  acts 
providing  for,  made  co-terminous  ..... 

military  or  naval  service,  persons  in,  legislation  pertaining  to  (see 
Military  and  naval  service  of  the  United  States). 


Chap. 


289 


Item  or 
Section. 


1-3 


544 

7A 

485' 

1,2 

456 

1-4 

5 

492 

3 
1-3 

528 
567 

1-8 
1 

170 
562 

1-7 

235 

1.2 

142 

5 

4 

224 

1-9 

58 


75 
/  68 
\370 

431 

439 

|572{ 


127 
477 


268 

■  24 

69 

372 


542 


1-5 

0401-35 

10 

1.  2 


0245, 
Page  798 


1.2 
1-3 


1.2 
1.2 

1,2 


20 


542 

21 

44 

4 

382 

1.  2 

3 

1094 


Index. 


NATIONAL  EMERGENCY,  EXISTING,  LEGISLATION  PER- 
TAINING  TO  —  Concluded. 

military  reservations,  acquisition  by  United  States  of  certain  lands 
for,  in  counties  of  Bristol,  Dukes,  Essex  and  Plymouth 

motor  bus  service,  cities  and  towns  temporarily  authorized  to 
contribute  toward  cost  of     . 

motor  vehicles  for  use  of  military  division  of  executive  depart- 
ment, acquisition  of,  and  settlement  of  claims  arising 
out  of  operation  thereof,  providing  for   .... 

motor  vehicles  for  use  of  United  States,  liens  upon,  foreclosure  of, 
providing  for       ........ 

motor  vehicles,  number  plates  displayed  on,  furnishing  and  use  of 

nurses  and  attendants,  age  requirements  for,  temporarily  reduced 

personal  property,  certain,  publicly  owned,  state,  county  and 
municipal  officers  authorized  to  sell,  loan,  etc.,  to  United 
States  during  existing  emergency  ..... 

post-war  measures  (see  Post-war,  etc.). 

prisoners  sentenced  to  state  prison,  parole  of,  providing  for 

public  officers  and  employees  and  certain  other  persons  in  classi- 
fied civil  service  of  the  United  States  and  the  common- 
wealth, service  of,  during  existing  war,  act  to  meet  certain 
contingencies  arising  in  connection  with 

retired,  etc.,  officers  and  employees  of  commonwealth  or  any  politi- 
cal subdivision  thereof  re-employed  during  existing  state 
of  war,  compensation  payable  to,  relative  to  . 

road  and  snow  removal  equipment,  certain,  use  of,  by  common- 
wealth and  political  subdivisions  thereof,  temporarily 
providing  for       ........ 

school  services,  extended,  for  children  of  employed  mothers,  pro- 
viding for  .  .  .  .  . 

state  institutions,  certain,  patients  in  or  inmates  of,  transfer  of, 
to  and  from  municipal  and  county  institutions,  etc.,  tem- 
porary provision  for     .  .  .  . 

Suffolk,  county  of,  and  city  of  Boston,  certain  officials  and  em- 
ployees of,  enabled  to  participate  in  the  benefits  of  an 
emergency  compensation  allotment  plan,  so  called   . 

trust  companies,  branch  offices  and  mergers,  establishment  of, 
temporary  changes  in  laws  regulating     .... 

United  States  defense  bonds,  war  bonds,  etc.,  investments  in, 
cities,  towns  and  districts,  by,  authorized 

commonwealth  funds,  certain,  of       . 

counties,  by,  authorized  ...... 

water  supply,  public,  emergency  sources  of,  department  of  pub- 
lic health  authorized  to  approve   ..... 

See  also  Military  and  naval  service  of  the  United  States;   Post- 
war, etc. 
National  guard  (see  Militia). 
NATIONAL   INDUSTRIAL   RECOVERY   ACT: 

counties,  cities,  towns  and  districts,  securing  by,  of  benefits  of, 
and  acts  in  amendment  thereof  and  in  addition  thereto, 
extension  of  provisions  of  certain  enabling  acts  relative  to 
See  also  Federal  emergency  laws. 
Nationality,  discrimination  because  of,  in  employment,  investiga- 
tion relative  to   .  .  .  .  .  .        Resolve 

Naval  service  of  the  United  States  (see  Military  and  naval  service 
of    the    United    States;     Soldiers,    sailors    and    marines; 
Veterans) . 
Navy  Yard,  Boston  (see  Boston  Navy  Yard). 

Necessaries  of  life,  division  on  (see  Labor  and  industries,  depart- 
ment of). 
Needy  persons  (see  Aid;    Old  age  assistance,  so  called;    Poor  and 

indigent  persons). 
Neglected  children,  expenses  for  support  of  certain,  payment  of, 
,  relative  to  ........ 

Negligence,  trackless  trolley  vehicles,  so  called,  operation  of,  in, 
penalized    ......... 

Neponset,  river,  fence  along  portions  of  banks  of,  in  Boston,  con- 
struction, etc.  ........ 

appropriation      ........ 

improvement,  beautification  of, etc.,  survey  relative  to  Resolve 
Valley  Parkway,  cement  sidewalks,  construction  of,  on,  appro- 
priation     ......... 


Chap. 

460 
157 

409 


422 


58 
39 


504 
141 

466 

572 
40 

370 


Item  or 
Section. 


1-3 


1-4 


341 
278 
387 

1,2 
1.  2 
1,2 

214 

222 

1,2 

535 

1-5 

502 

1.2 

474 

1,  2 

493 

1-5 

1,2 


516 

1-3 

192 

1-4 

5 
/213 
\509 

5 

1,6 
1.2 

2 

475 

1.2 

1,  2 
8602-33, 
Page  798 


2937-06 


Index. 


1095 


New  Bedford,  state  pier,  operation  and  maintenance  of,  appropria- 
tions ......... 

textile  school,  appropriations 

New  England  School  of  Theology,  The,  degree  of  Bachelor  of  Arts 
in  Theology,  granting  by,  authorized      .... 
New  England  Telephone  and  Telegraph  Company,  Hnes,  poles, 
etc.,  of,  Brockton,  city  of,  in,  locations,  etc.,  validated 
Fitchburg,  city  of,  in,  locations,  etc.,  validated 
North  Attleborough,  town  of,  in,  locations,  etc.,  validated 
Norwood,  town  of,  in,  locations,  etc.,  validated 
Peabody,  city  of,  in,  locations,  etc.,  validated 
Taunton,  city  of,  in,  locations,  etc.,  validated 
New  Hampshire,    state   of,   minimum  wage  compact,   so   called, 

between  commonwealth  and,  etc.,  abrogated 
Newton,  city  of  (see  Cities  and  towns). 

New  York,  New  Haven  and  Hartford  Railroad  Company, 
continued  transportation  service  for  communities  served 
by,  action  to  assure,  investigation  relative  to,  con- 
tinued        .......       Resolve 


appropriation 


special  investigation  of,  expenses  of,  appropriations  . 

Night  clubs,  so  called,  term  "place  of  assembly"  under  certain 
building  laws  to  include  certain      .  .  .  .  . 

See  also  Clubs. 
Ninth  Regiment  of  Infantry,  Massachusetts  Volunteers,  etc.,  tem- 
porary memorials  to,  in  state  house,  authorized      Resolve 
Nomination  of  candidates  (see  Elections). 
Non-profit  hospital  service  corporations  (see  Hospital  service 

corporations,  non-profit). 
Non-profit  libraries,  books,  etc.,  price  limitations  on,  under  Fair 
Trade  Law,  so  called,  exempted  from      .  .  .  . 

Non-residents,  depositions  and  testimony  of,  authority  of  indus- 
trial accident  board  in  obtaining,  extended 
insurance  agents,  as,  licensed  to  act,  and  limiting  the  powers  of 
such  agents  when  acting  for  foreign  insurance  companies 
motor   vehicles   and   trailers,    operation   by,   in   this   common- 
wealth, investigation  relative  to     .  .  .        Resolve 
persons  in  military  or  naval  serrice  who  are,  hunting  and  fishing 
certificates,  special,  issuance  to,  etc.        ... 

NORFOLK    COUNTY: 

appropriations  for  maintenance  of,  etc.    .... 

district  court  of  east  Norfolk,  present  third  assistant  clerk  of 
salary  established  ...... 

registry  of  deeds  for,  filing  in,  of  certificates  and  deeds  in  con- 
nection with  uniting  of  Beacon  Universalist  Parish  with 
First  Universalist  Society  in  Waltham  . 
tax  levy         ......... 

Norfolk,  town  of  (see  Cities  and  towns). 

North  Adams  state  teachers  college,  appropriations  . 

Northampton,  city  of  (see  Cities  and  towns). 

state  hospital,  appropriations  ..... 

North  Attleborough,  to-mi  of  (see  Cities  and  towns). 
North   metropolitan   sewerage    system    (see   Metropolitan    dis- 
tricts, sewer  districts). 


Item  or 

[I!hap. 

Section. 

68 

2202-07 

370 

2202-07 

513 

2202-07 

68 

1333-00 

370 

1333-00 

551 

11 

1,2 

300 

1.2 

10 

1,2 

48 

1,2 

245 

1,2 

47 

1.2 

255 


35 
572 

68 
370 


r  68 

I  370  I 


546 
30 

40 
359 
85 
11 
388 
465 
257 

146 
465 

68 
370 

/    68 
1370 


North  Reading  state  sanatorium,  appropriations 

Norwell,  town  of  (see  Cities  and  towns). 

Norwood,  town  of  (see  Cities  and  towns). 

Notes,  cities,  towns  and  districts,  of  (see  Municipal  finance). 

commonwealth,  of  (see  State  finance). 

counties,  of  (see  County  finance). 
Notices  (see  Titles  of  specific  proceedings). 
Number  plates  (see  Motor  vehicles). 


/    68 
•  \370 


1-3 


0204, 
Page  798 

Page  96 
2301-09, 

2301-10 


1.2 

1 

1,2 


1,3-5 
1 

1312-00, 
1312-21 

1312-00, 
1312-21 

1718-00 
1718-00 


2023-00 
2023-00 


1096 


Index. 


Nurses,  age  requirements  for  registration  as,  temporarily  reduced,  etc. 
board  of  registration  of  (see  Civil  service  and  registration,  de- 
partment of). 

Nursing  services,  inclusion  in  certain  liability  insurance  policies  of 
coverage  in  respect  to  ...... 

Nutter's  System,  Inc.,  payment  of  sum  of  money  to,  by  city  of 
Boston        ......... 


Chap. 

387 

Item  or 
Section. 

1,2 

375 

1.2 

271 

1-3 

o. 

Oak" Bluffs,  town  of  (see  Cities  and  towns). 

O'Brien,  John  V.,  civil  service  status  of,  as  agent  of  board  of  regis- 
tration in  pharmacy     ....... 

May  belle  E.,  acts  as  notary  public  validated    .  .        Resolve 

Obscene  phonographic  records,  publishing,  selling,  etc.,  of,  pe- 
nalized       ......... 

Occupational  hygiene,    division  of   (see  Labor  and   industries, 

department  of). 
Officers,  county  (see  Counties;    also  specific  titles  of  officers), 
court  (see  Court  officers  and  messengers), 
general  court  (see  General  court), 
militia  (see  Militia), 
municipal  (see  Municipal  officers  and  employees;    also  specific 

titles  of  officers), 
police  (see  Police  officers), 
probation  (see  Probation  officers). 

state  (see  Commonwealth,  officers  and  employees  of;  also  specific 
titles  of  officers). 
Ohebei   Shalom,   name   changed  to  Temple  Ohabei  Shalom  and 

additional  holdings  of  property  by,  authorized 
Oil,  transmission  of,  companies  incorporated  for,  exemption  of,  from 
law  providing  for  establishment  of  forest  cutting  practices 
OLD   AGE   ASSISTANCE,    SO    CALLED: 

absence  of  recipients  from  commonwealth  without  suspension 
of  such  assistance  ....... 

bonds  and  mortgages  given  by  certain  recipients  of,  proceedings 
on,  approval  by  department  of  public  welfare  required  in 
connection  with,  etc.    ....... 

borrowing  of  money  on  account  of,  by  cities  and  towns 
fishing  licenses  without  charge  to  certain  recipients  of,  providing 
for      .......... 

granting  of,  and  certain  related  matters,  investigation  relative 
to      .......  .       Resolve 

law  providing  for,  administration  of,  appropriations 

changes  in  .  .  .  .  .  •       . 

medical,  hospital  and  other  services  rendered  to  recipients  of, 
payment  of  expenses  for,  relative  to        ...  . 

real  estate,  ownership  of  certain,  not  to  preclude  granting  of, 
when  applicant  does  not  reside  thereon,  etc.    . 

records  concerning,  etc.,  inspection  and  disclosure  of,  relative  to 

reimbursement  of  cities  and  towns  in  connection  with  payments 

made_  on  account  of      .  . 

Old  Colony  Railroad  Company,  continued  transportation  service 

for  communities  served  by,  action  to  assure,  investigation 

relative  to,  continued  .....        Resolve 

appropriation     ......... 

Old  Iron  Works  House,  so  called,  located  in  town  of  Saugus,  ac- 
quisition of,  by  said  town,  and  providing  for  financing 
thereof  by  town,  commonwealth,  etc.     .... 

appropriation     ......... 

Old  provincial  state  house,  appropriations  .... 

Opolski,    Walter,    city   of  Salem   authorized   to   sell   certain   park 
property  to  .......  . 

Opossums  (see  Game  and  inland  fisheries). 


220 
15 


239 


539 


470 


512 
44 

265 

38 

68 

370 

572  I 

489 
506 

506 


1-3 

Subs.  44 


1-4 


3621,  3622 

3621,  3622 

1907-04, 

Page  800 

1-3 


512 
169 

(489 
\490 


35 

572 


507 

572/ 

f  68 
]  370 
(513 

123 


0204, 
Page  798 


1,2 
0441-12, 
Page  797 
0444-01 
0444-01 
0444-01 

1.2 


Index. 


1097 


Optometrists,  blind  persons,  treatment  of,  by,  reporting  of    . 
Optotaetry,  board  of  registration  in  (see  Civil  service  and  regis- 
tration, department  of). 
Orange,  town  of  (see  Cities  and  towns). 

Orchards,  inspection  of,  cost  of,  appropriations      .... 

ORDINANCES   AND    BY-LAWS: 

assembly,  places  of,  protection  of  life  and  limb  in,  relative  to 

buildings,  inspection,  materials,  construction,  alteration,  etc.,  of, 
relating  to  ........ 

evidence,  use  in     ........  . 

fire,  prevention  of,  etc.,  for     ....... 

Organizations  (see  Corporations;   Fraternal  benefit  societies). 
Osterbanks,   Everett  S.,   payment  by  commonwealth  of  sum  of 
money  to,  as  compensation  for  certain  property  taken  for 
highway  purposes         .....       Resolve 

appropriation    ......... 

Otter  trawls  (see  Fish  and  fisheries,  marine). 
Oxford,  town  of  (see  Cities  and  towns). 
Oysters  (see  Fish  and  fisheries). 


Chap. 


/  68 
1370 

/544 
\546 
/544 
\546 
190 
644 


18 

672  I 


Item  or 
Section. 

2 


0908-03 
0908-03 

2 
2 
2 
2 
1.  2 
2 


2930-11, 
Page  799 


P. 

Package  stores,  so  called  (see  Alcoholic  beverages). 
Pages,  general  court  (see  General  court). 

Palmer,  Fire  District  Number  One  of  Palmer,  chief  engineer  of,  plac- 
ing of  office  under  civil  service  laws,  authorized 
town  of  (see  Cities  and  towns). 

Pamphlet  edition,  acts  and  resolves,  appropriations 

Paper,  purchase  of,  appropriations         ...... 

Pardons,  advisory  board  of  (see  Correction,  department  of). 

offences  wliich  are  felonies,  of,  terms  and  conditions  upon  which 
they  may  be  granted,  prescribing  by  general  court,  pro- 
posed amendment  to  constitution  providing  for 
See  also  Paroles. 
PARENT   AND    CHILD: 

dependent  children   and   their  parents,   medical,   hospital   and 
other  services  rendered  on  account  of,  payment  for,  rela- 
tive to         ........  . 

illegitimate  children,  legitimation  of,  further  provisions  for 
neglected  children,  expenses  for  support  of,  payment  by  parents 

as  guardians  thereof,  relative  to     . 
proceedings  against  parents,  certain,  trial  of,  in  Boston  juvenile 
court,  authorized  ....... 

Pari-mutuel  system  of  wagering  (see  Horse  and  dog  racing  meet- 
ings conducted  under  pari-mutuel  system  of  wagering). 
Parks,  seats  for,  etc.,  conditional  sales  of,  relative  to  .  .  . 

Parks  and  recreation,  division  of  (see  Conservation,  department  of). 
Parkways  (see  Boulevards  and  parkways). 


Parole,  boys',  department  of  public  welfare,  appropriations 


girls',  department  of  public  welfare,  appropriations  . 


prisoners  sentenced  to  state  prison,  of,  during  existing  war  emer- 
gency, providing  for     ....... 

See  also  Pardons. 
PAROLE    BOARD: 

appropriations       ......... 


399 


1,2 


68 
370 

68 
370 

0503-01 
0503-01 
0415-11 
0415-11 

Pages  840,  841 

97 

72 

1,2 

604 

87 

1.2 

62 

68 
370 
513 

68 
370 
513 

222 


370 


1,  2 

1908-11  to 

1908-13 
1908-11  to 

1908-13 
1908-12, 

1908-13 
1908-31, 

1908-32 
1908-31, 

1908-32 
1908-31, 

1908-32 

1.  2 

1801-21  to 
1801-23 

1801-21  to 
1801-24 


1098 


Index. 


PAROLE    BOARD  —  Concluded. 

chairman,  drunkenness,  problem  of,  special  commission  to  inves- 
tigate, to  be  member  of         ...  .        Resolve 

paroles,  etc.,  granted,  during  existing  war  emergency,  to  prison- 
ers sentenced  to  state  prison,  powers  and  duties  in  con- 
nection with         ........ 

prisoners,  discharged,  loans  to,  expenditures  for,  by  . 
Parsons,  Carleton  H.,  estate  of,  payment  by  commonwealth  of  sum 
of  money  to,  as  reimbursement  for  obligations  incurred  in 
payment  of  certain  notes  signed  by  certain  unit  of  Mas- 
sachusetts national  guard      ....        Resolve 

appropriation    ......... 

Partnerships,  income  received  by,  taxation  of        ...  . 

See  also  Associations,  partnerships  and  trusts  having  transferable 

shares. 

Pass  books,  depositors',  banks,  etc.,  issued  by,  loans  secured  by, 

minimum  interest  or  discount  charges  for,  act  authorizing 

loss  of,  relative  to       .......  . 

verification  of,  during  existing  state  of  war,  etc.     . 
Passengers,  transportation  of,  for  hire  by  motor  vehicles  (see  Motor 

vehicles,  passengers,  etc.). 
Pasters  or  stickers  (see  Elections). 

Paternity,  adjudication  of,  as  affecting  legitimation  of  illegitimate 
children      ......... 

Pawnbrokers,  articles,  certain,  deposited  with,  and  not  redeemed, 

intended  sale  of,  written  notice  required 
Pay-roll  deductions,  so  called,  group  life  and  general  or  blanket 
accident  and  health  insurance  policies,  etc.,  for  members 
of  certain  associations  of  public  employees,  for,  authorized 
Peabody,  city  of  (see  Cities  and  towns). 
PENAL   AND   REFORMATORY   INSTITUTIONS: 

in  general,  children,  between  seven  and  seventeen  years  of  age, 
commitment  to,  etc.,  relative  to     . 
prisoners  in,  held  for  capital  crimes,  removal  and  hospitaliza- 
tion of,  authorized        ....... 

commonwealth,  of,  in  general,  prisoners  released  from,  loans 
to,  providing  for  ....... 

Massachusetts  reformatory,  appropriations  .... 


Chap. 
62 


222 
433 


29 
572 

285 


27 
22 
30 


72 
154 

424 

244 
120 

433 

68 

370 
113 


prisoners,  held  in  state  prison,  removal  of,  to     . 

transferred  from  state  prison  to,  parole  of,  during  existing 

war  emergency,  providing  for     .  .  .  .  .     222 

Searle,  William  L.,  injured  while  in  performance  of  duties  as 

guard  at,  annuity  to    .  .  .  .  .        Resolve       37 

68 


reformatory  for  women,  appropriations 

escapes  or  attempted  escapes  from,  penalty  for 

state  farm,  appropriations  ...... 

crimes,   certain,   against   chastity,   morality,   decency   and 

good  order,  persons  guilty  of,  punishment  in    . 
employees,  certain,  of,  placed  under  civil  service 
Murphy,  Howard,  killed  while  in  performance  of  duties  as 
guard   at,   payment   by   commonwealth   of  sum   of 
money  to  heirs  of  ....       Resolve 

appropriations  ....... 


state  prison,  appropriations  ...... 

prisoners  in,  parole  of  certain,  during  existing  war  emergency, 
providing  for   ........ 

removal  of  certain,  to  Massachusetts  reformatory   . 


370 

513 

19 

/    68 
\370 

377 
376 

52 
572 

68 
370 

222 
113 


Item  or 
Section . 


1.2 


2820-08, 

Page  798 

1 


1.2 
1.2 

1,  2 

3-7 
1-4 


1805-00, 
4411 

1805-00, 
4411 


1.  2 


1806-00, 

4511 

1806-00, 

4511 

4511; 

Page  666 

1,  2 

1802-00 

1802-00 


2820-08, 
Page  798; 
2820-09, 
Page  799 
1803-00, 

4611 
1803-00, 

4611 

1.  2 


Index. 


1099 


Chap. 

PENAL   AND    REFORMATORY   INSTITUTIONS  —  Condwded. 
commonwealth,  of  —  Concluded. 
state  prison  —  Concluded. 

sentences,  certain,  to,  appellate  division  in  superior  court  for 
review  of,  establishment,  etc.         .....     558 

warden  of,  notice  to,  of  dismissal  of  appeals  by  appellate 
division  of  superior  court  in  reviewing  certain  sentences  to 
state  prison         ....... 


Item  or 
Section. 


1,2 


state  prison  colony,  appropriations 


hospital  at,  prisoners  held  for  capital  crimes,   temporary 

placing  of,  in        . 
Norfolk,  town  of,  purchase  of  water  by,  from,  authorized    . 
prisoners  transferred  from  state  prison  to,  parole  of,  during 
existing  war  emergency,  providing  for    .... 

counties,  of,  jails  and  houses  of  correction,  breaking,  entering, 
etc.,  a  building,  ship  or  vessel  in  the  night  time,  persons 
convicted  of,  imprisonment  in        ....  . 

crimes,    certain,   against   chastity,   morality,    decency   and 
good  order,  persons  guilty  of,  punishment  in  . 
jails,  persons  held  for  trial  in,  removal  of,  to  jails  in  other 
counties,  providing  for  ...... 

Penal    code,    drafting    of,    etc.,    investigation    relative    to,    con- 
tinued        .......       Resolve 

appropriation     ......... 

Pensions  (see  Retirement  systems  and  pensions). 

state  aid  and,   commissioner  of   (see  State  aid  and  pensions, 
commissioner  of). 
Perishable  foodstuffs  (see  Food). 
Permits  (see  Licenses  and  permits). 

Personal  injuries,  compensation  of  certain  public  employees  for, 
appropriations     ........ 

defects  in  ways  and  premises,  caused  by,  giving  of  notice  of, 
investigation  relative  to         ...  .        Resolve 

employees  of  hospitals  prohibited  from  negotiating  settlement  of 
claims  for,  with  insurance  companies      .... 

motor  vehicles,  caused  by,  security  for  payment  of  judgments  in 
actions  for  (see  Motor  vehicles,  liability  for  bodily  in- 
juries, etc.,  caused  by,  security  for). 

night  clubs,  patrons  of,  sustained  by,  etc.,  liability  for,  investiga- 
tion relative  to    .  ....        Resolve 

appropriation  ........ 

See  also  Workmen's  compensation. 
Personal  property,  attachment  of  (see  Attachments), 
conditional  sale,  contracts  of,  further  regulated 

sold  on,  or  when  subject  to  pledge  or  lien,  attachment  of, 
regulated    ......... 

gifts  of,  acceptance  by  adjutant  general  for  military  purposes 
authorized  ........ 

mortgages  of  (see  Mortgages). 

pawned  and  not  redeemed,  intended  sale  of,  written  notice  required 

publicly  owned,   certain,   state,   county  and  municipal  officers 

authorized  to  sell,  loan,   etc.,   to  United  States  during 

existing  emergency       ....... 

taxes  on  tangible,  minimum  entry  fee  for  appeals  to  appellate 
tax  board  from    ........ 

Personnel  board,  county  (see  County  personnel  board). 
Pharmacists,  alcoholic  beverages,  sale  by,  certificates  of  fitness  for, 
revocation  or  suspension  of  . 
further  regulated         ........ 

registration  as,  educational  qualifications  of  applicants  for,  tak- 
ing effect  of  provisions  of  law  relative  to,  deferred  .           .      165 
Pharmacy,  board  of  registration  in  (see  Civil  service  and  regis- 
tration, department  of). 
Phonographic  records,  obscene,  publishing,  selling,  etc.,  of,  penal- 
ized   239 


558 

1 

68  1 

1807-00, 

4711 

370  j 

1807-00, 
4711 

.513 

4711 

120 

134 

1,2 

222 

1.2 

343 

1.2 

377 

131 

60 

572  1 

0217, 
Page  798 

68 
370 

31 
293 


2820-04, 
2970-07 

2820-04, 
2970-07 


67 
572  { 

0251, 
Page  800 

410 

1,2 

298 

1-10 

362 

1,2 

154 

214 

282 

542 
542 

14 
12 

1100 


Index. 


Phrases  (see  Words  and  phrases). 

Physicians,  blind  persons,  treatment  of,  by,  reporting  of 

certificates  of,  that  parties  to  intended  marriage  have  been  ex 
amined,  relative  to        .....  . 

infants'  eyes,  treatment  with  a  prophylactic  remedy  at  time  of 

birth,  duties  as  to  . 

school,  children's  feet,  examination  of,  by  .  .  . 

tuberculosis    hospitals,    county,    applications    for    admission    of 

pulmonary    tuberculosis    patients    to,    upon    request    of 

etc.    ......... 

wounds  cau.sed  by  BB  guns,  reporting  of,  by    . 
Pier,  state  (see  New  Bedford,  state  pier). 
Pilgrim  tercentenary,  state  property  acquired  in  connection  with 

maintenance,  etc.,  appropriations 
Pine  blister  rust  (see  White  pine  blister  rust). 
Ping  pong  (see  Table  tennis  rooms). 
Pittsfleld,  city  of  (see  Cities  and  towns). 
Places  of  assembly  (see  Assembly,  places  of). 

Plaintiffs'  bond,  so  called,  trustee  process,  in,  cities  and  towns 
exempted  from  requirement  of  filing       .  .  .  . 

Plan  E  charter,  so  called,  cities  having,  vacancies  in  certain  elec- 
tive offices  in,  due  to  military  or  naval  service  of  incum- 
bents, filling  of    . 
PLANNING    BOARD,   STATE: 


appropriations 


Chap. 


89 
561 


46 
384 


500 
41 


68 
370 


17 

548 

68 
370 
513 

517 

50 

366 

266 

266 


chairman  of,  emergency  public  works  commission,  to  be  mem- 
bers of,   for  purpose  of  preparing  post-war  program   of 
public  works        ........ 

housing  laws  of  commonwealth,  special  commission  to  investi- 
gate as  to,  to  be  member  of  ...        Resolve 
employees,   technical,   of,   killed,   etc.,  in  performance  of  duty, 

payment  of  annuities  to  dependents  of,  relative  to 
local  planning  boards,  filing  of  reports  by,  with,  instead  of  with 
department  of  public  welfare,  providing  for    . 
Planning  boards,  local,  filing  of  reports  by,  with  state  planning 
board  instead  of  with  department  of  public  welfare,  pro- 
viding for   ......... 

Plant  pest  control  and  fairs,  division  of  (see  Agriculture,  depart- 
ment of). 
Plates,  number  (see  Motor  vehicles). 
Pledge  (see  Liens). 
Plumbers,  state  examiners  of  (see  Civil  service  and  registration, 

department  of). 
PLYMOUTH   COUNTY: 

appropriations  for  maintenance  of,  etc.    ..... 

Little  Herring  pond  in  town  of  Plymouth,  right  of  way  to,  lay- 
ing out  by  ........ 

tax  levy        .......... 

Plymouth,  town  of  (see  Cities  and  towns). 

Podiatry  (see  Chiropody  (podiatry),  board  of  registration  in). 

POLICE   OFFICERS: 

absent  voting  by  residents  of  commonwealth  in  armed  forces, 

applications  in  connection  with,  investigation  of,  by 
arrests  by  (see  Arrests). 

Ashland,  chief  of  police,  oflSce  of,  placing  under  civil  service 
laws,  authorized  ...... 

auxiliary  police  departments,  borrowing  of  money  for,  by  cities 

towns  and  districts  during  existing  state  of  war 
Boston,  accidental  disability  allowances  for,  retired  under  Bos 
ton  retirement  act,  so  called,  relative  to 
one  day  off  in  every  six  days  for  .... 

Capitol  police,  appropriations  ..... 

Douglas,  chief  of  police,  office  of,  placing  under  civil  service  laws 
authorized  ....... 

fireworks,  public  displays  of,  powers  and  duties  as  to  . 

killed,  etc.,  in  performance  of  duty,  payment  of  annuities  to 

dependents  of,  relative  to     .....  .     366 


Item  or 
Section. 


1.2 


2.  Subs.  88 


2202-06 
2202-06 


1,2 


0419-01, 
0419-02 

0419-01, 
0419-02 

0419-01, 
0419-02 


465 


151 
465 


390 


1-5 
1 


.       23 

1,2 

.'       75 

1-5 

.     204 

.     274 

/    68 

•  \370 

1-3 

1,2 

0416-03 

0416-03 

'.       70 
.     291 

1,2 
2 

Index. 


1101 


POLICE    OFFICERS  —  Concluded. 

Mansfield,  chief  of  police,  office  of,  placing  under  civil  service 

laws,  authorized  ....... 

metropolitan  district  commission,  of  (see  Metropolitan  district 

commission). 
Millbury,  chief  of  police,  office  of,  placing  under  civil  service 

laws,  authorized  ....... 

Springfield,  certain  members  of  permanent  police  force  of,  credit 

to,  for  service  in  regular  police  force  of  park  department 

of  said  city  ........ 

state,  enlistments  of  women  as,  certain  age  requirements  not  to 

apply  to      ........  . 

retired,  compensation,  appropriations  ..... 

See  also  Public  safety,  department  of. 
water  supply  sources,  premises  within  water  shed  of,  authority  to 
enter,  granted  to  certain        ...... 

Police  patrol,  state  (see  Public  safety,  department  of;  divisions  of: 
state  police). 

Police,  state,  division  of  (see  Public  safety,  department  of). 

Policies  of  insurance  (see  Insurance). 

Political  circulars,  etc.  (see  Elections). 

Political  committees  (see  Elections,  political  committees). 

Political  parties  (see  Elections) . 

Poll  taxes,  exemption  of  persons  in  military  or  naval  service  from 
payment  of  .......  . 

persons  seventy  years  of  age  or  over,  exemption  of,  from  pay- 
ment of,  requests  for,  to  continue  in  effect,  etc. 

Ponds  (see  Waters  and  waterways). 

Pondville  hospital  at  Norfolk,  appropriations     .... 

Norfolk,  town  of,  purchase  of  water  by,  from,  authorized 
Pool  rooms,  inclusion  of  certain,  within  meaning  of  term  "place  of 
assembly  "  under  certain  building  laws  .... 

Poor  and  indigent  persons,  funerals  of,  amounts  payable  by  com- 
monwealth for,  investigation  relative  to  .        Resolve 
rehef  furnished  to,  in  private  hospitals,  municipal  liability  for, 
established           ........ 

sick,  care  and  treatment  of,  in  private  hospitals,  reimbursement 

of  cities  and  towns  by  commonwealth  for 

public  assistance  to,  reimbursement  of  cities  and  towns  by 

commonwealth  for,  period  of  liability  in  connection  with 

notices  of,  made  uniform        ...... 


support  of,  appropriations 


See  also  Aid;  Old  age  assistance,  so  called. 
Port  Authority,  Boston,  cost  of,  reimbursement  of  city  of  Boston 
for  portion  of,  appropriation  ..... 


Port  of  Boston,  functions  relating  to,  appropriations 

Portraits  of  former  governors,  purchase,  restoration  and  protec- 
tion of,  appropriations  ...... 


Chap. 
217 

2 

184 

175 

68 

370 

613 


84 


406 

559 

68 
370  [ 
134 

546 

23 

481 

476 

275 
68 

370 

572 

370 
68 

370 

513 
672 


370  i 

Posters,  political,  delivery  of,  to  voters,  relative  to        .  .  .  483 

Post- war, highwaycommission,  so  called, e8tablishmentof,etc.Resolve846,66 

appropriation  ........  672  i 

public  works,  program  of,  preparation  of,  by  emergency  public 

works  commission,  authorized,  etc.         .  .  .  .  517 

readjustment,  committee  on,  expenditures  by,  relative  to   .  .  524 

appropriation  .,,......  672  i 


Item  or 
Section. 


1-3 


1,2 


2811-04 
2811-04 
2811-04 


1,2 


2031-00 

2031-00  to 

2031-26 

1,2 


1,2 

1907-07  to 

1907-10 

1907-07  to 

1907-10 

1907-09, 

Page  795 


3134-01 
3131-01  to 

3132-14 
3131-01  to 

3132-14 

3132-14 
Page  793 

0401-31, 

0401-32 

1-3 

2970-10, 
Page  798 

1-4 

0401-66, 
Page  795 


1102  Index. 


Item  or 
Chap.  Section. 

Post-war  —  Concluded. 

rehabilitation  commission,  so  called,  establishment  of,  etc.  Resolve       71 

appropriation  ........      572 


0246, 
Page  801 


298 

1-10 

234 

1-3 

374 

1-4 

369 

1.2 

196 

1-2 

350 

1-4 

365 

1,  2 

360 

361 

rehabilitation  funds,  establishment  of,  by  counties,  cities,  towns 

and  districts         .  .  .  .  .  .  .5  1,  2,  6 

Powers  of  appointment,  releases  and  disclaimers  of,  authorized, 
and  providing  methods  of  releasing  and  disclaiming  such 
powers         .  .  .  .  .  .  .  .  .152 

lowers  of  attorney,  acknowledgment  of,  etc.,  by  persons  in  mili- 
tary or  naval  service,  relative  to    .  .  .  .  .     548  9 

PRACTICE   IN    CIVIL   ACTIONS: 

actions  and   proceedings,   certain,   pending  in   different   courts, 

trial  and  disposition  of,  relative  to  ...  .     369  1,  2 

attachment,  personal  property,  of,  sold  on  conditional  sale  or 
when  subject  to  pledge  or  lien,  regulated 
property,  of,  excessive,  relief  against,  providing  for 
certiorari  and  mandamus,  petitions  for,  practice  with  respect  to, 
amended     ......... 

consolidation  and  trial  together  of  two  or  more  actions  or  pro- 
ceedings pending  in  different  courts,  relative  to 
divorce  proceedings,  naming  of  third  persons  in,  relative  to 
joinder  of  parties  in  one  action  in  certain  cases,  providing  for 
libel,  actions  for,  proof  of  malice  in,  relative  to  . 
retraction  in,  relative  to  . 
chain,  cases  of,  mitigation  of  damages  in,  relative  to 
limitation  of  actions  (see  Limitation  of  actions), 
mortgages,  real  and  personal  property,  of,  powers  of  seizure  or 
foreclosure,  in  which  soldiers  or  sailors  may  be  interested, 

judicial  determination  of  rights  to  exercise      .  .57  1-4 

notice,  giving  of,  in  case  of  accidents  caused  by  defects  in  ways 

and  premises,  investigation  relative  to   .  .        Resolve       31 

slander  cases,  damages  in,  relative  to  .....     360 

proof  of  malice  in,  relative  to        .....  .     365  1,  2 

supplementary  process,  orders  for  payment  by  judgment  debtors 

under,  relative  to •  .     .   •     292  1,  2 

tort  actions  arising  out  of  operation  of  motor  vehicles,  jurisdic-  f  296  1-6 

tion  and  venue  of,  relative  to         .  .  .  .  .1 437 

trustee  process,  attachment  by,  cities  and  towns  exempted  from 

requirement  of  filing  bond  in  .  .  .  .17  1,2 
See  also  Actions,  civil;  Attachment;  District  courts;  Equity; 
Evidence;  Land  court;  Probate  courts;  Service  of  proc- 
ess; Supreme  judicial  and  superior  courts;  Trustee 
process. 
Pratt,  Laban,  Hospital,  Weymouth,  in,  establishment,  etc.,  author- 
ized        404  1-a 

Premises  (see  Real  property). 

Prices,  Fair  Trade  Law,  so  called,  under,  books,  etc.,  on,  common- 
wealth, non-profit  libraries,  etc.,  exempted  from       .  .       40 
Prima  facie  evidence  (see  Evidence). 
Primaries  (see  Elections). 

Prisoners,  discharged,  loans  to,  providing  for  ....     433 

pardoning  of  (see  Pardons), 
parole  of  (see  Parole), 
sex  crimes,  so  called,  charged  with,  admission  to  bail  of,  relative 

to 330 

See  also  Penal  and  reformatory  institutions. 

[    68    4411  to  4711 
Prison  industries,  employees  in,  appropriations    .  .  .  <  370    4411  to  4711 

[513         4511,4711 
Prison  officers  and  instructors,  killed,  etc.,  in  performance  of  duty, 

payment  of  annuities  to  dependents  of,  relative  to   .  .     366 

[68  2811-03 

retired,  compensation,  appropriations       .  .  .  .  .  \  370  2811-03 

[513  2811-03 

Prisons  (see  Penal  and  reformatory  institutions) . 
Prison,  state  (see  State  prison). 

Private  conversations,  husband  and  wife,  between,  declarations  of  "I  .j,(.  ,   „ 

deceased  persons  not  to  be  inadmissible  in  evidence  as,  in  |^  goo 
certain  civil  judicial  proceedings    .  .  .  .  .J 

Probate  and  insolvency,  judges,  adoption  and  change  of  name 
proceedings,  filing  of  birth  records,  etc.,  in  cases  of, 
powers  as  to         .  .  .  .  .  .  .  .     155  1-2 


Index. 


1103 


Probate  and  insolvency  —  Concluded. 
judges  —  Concluded. 

Bristol  county,  for,  second  assistant  register,  appointment  by 


compensation,  expenses,  etc.,  appropriations 


Essex  county,  for,  third  assistant  register,  appointment  by    . 
legitimation  of  illegitimate  children,  affidavits  of  adjudication 

of  paternity  in  cases  of,  approval  by       . 
registers  or  assistant  registers  of  probate  in  military  or  naval 

service,  temporary  registers  or  assistant  registers  to  have 

powers  and  duties  of,  appointment  by    . 

retired,  pensions  for,  appropriations      ..... 


registers,  appropriations 


military  or  naval  service,  in,  vacancies  in  cases  of,  filling,  etc. 
powers  of  appointment,  releases  of,  filing  with 
See  also  Probate  courts. 
PROBATE    COURTS: 

administrative  committee  of,  appropriations     .... 

adoption  and  change  of  name,  proceedings  for,  in,  birth  records 
and  previous  decrees  of  adoption  and  change  of  name  re- 
quired to  be  filed  in      ......  . 


appropriations 


divorce  proceedings  in,  naming  of  third  persons  in,  relative  to 

equity  proceedings  in.  Public  Library  of  the  City  of  Boston 
Trustees  of  the,  investment  and  appropriations  of  funds 
and  property  held  by,  to  authorize 

estate  taxes,  equitable  apportionment  of,  and  collection  and 
payment  thereof,  act  providing  for,  as  aflfecting 

fiduciaries  appointed  in,  resignation  of,  by  their  guardians,  coa 
servators,  etc.,  approval  by  .... 

judges  (see  Probate  and  insolvency,  judges). 

persons  suspected  of  fraudulent  acts  in  respect  to  property  of  a 
deceased  person,  certain  proceedings  as  to,  in,  to  be  en- 
titled petitions  for  discovery  .  .  .  .  . 

registers  (see  Probate  and  insolvency,  registers). 
Probation,  parents,  certain,  placed  on,  by  Boston  juvenile  court, 
supervision  of,  etc.       ....... 

PROBATION,   BOARD   OF: 


appropriations 


files  of,  information,  certain,  in,  made  available  to  charitable  and 
educational  corporations  and  to  governmental  agencies 
Probation  officers,  municipal  court  of  the  city  of  Boston,  of,  super- 
vision by,  of  parents  placed  on  probation  by  Boston  juve- 
nile court   ......... 

salaries  of,  temporarily  increased     .  .  ... 

Process  (see  Criminal  procedure  and  practice;    Practice  in  civil  ac- 
tions; Service  of  process). 
PROCLAMATION   BY   GOVERNOR: 

Dedham,  first  free  public  school  in  America,  three  hundredth  an- 
niversary of  establishment  of,  in,  observance  during  year 
1944  in  commemoration  of,  relative  to   .  .       Resolve 


Chap. 

464 
[    68 

370 

[513 
510 

72 

548 
/  68 
\370 

68 

370 
513 

572 

548 
152 


68 
370 
513 


155 
68 

370 

513 
^196 

218 
519 
201 

91 


87 
224 


33 


Item  or 
Section. 


1,2 

0305-01  to 

0305-03 

0305-01  to 

0305-03 

0305-03 


5 

0309-01 

0309-01 

0305-04  to 

0306-14 

0305-04  to 

0306-14 

0306-13 

0305-05, 

Page  795; 

0306-13 

5 

Subs.  28 


0307-01 

0307-01 

Page  665 


1,2 

0305-01  to 

0307-01 

0305-01  to 

0307-01 

0305-03, 

0306-13 

1-2 


1,2 
1-3 


1.2 

0311-01, 
0311-02 

0311-01, 
0311-02 
0311-01 


1.2 
2 


1104 


Index. 


Professional  engineers  and  land  surveyors,  board  of  registra- 
tion of,  appropriations  ...... 

Proof,  burden  of  (see  Evidence). 

Property,   electric  companies,  purchasing  by,  of,  law  relative  to, 
amended     ......... 

personal  (see  Personal  property), 
real  (see  Real  property). 

stolen  or  embezzled,  crime  of  buying,  receiving  or  aiding  in  con- 
cealment of,  venue  of,  relative  to  .... 

taxation  of  (see  Taxation). 
Property  and  disbursing  officer  (see  Militia). 
Prophylactic  remedy,  infants'  eyes  treated  with,  at  time  of  birth, 
recording  of  .......  . 

Proprietors  of  wharves,  real  estate  lying  in  common,  general 
fields  and  other  corporations,  incorporation  of,  fur- 
ther regulated      ........ 

Prorogation  of  general  court,  statement  as  to     . 
Prosecutions  (see  Criminal  procedure  and  practice). 

Province  lands,  care  and  maintenance  of,  appropriations 

Provincetown,  town  of  (see  Cities  and  towns). 

Psychopathic  hospital,  Boston,  appropriations  .  .  .         . 


Public  accountants,  registration  of,  appropriations 

Public  employees,  certain,  killed  or  dying  from  injuries  received  in 
performance  of  duty,  payment  of  annuities  to  dependents 
of,  relative  to       .  .  .  .  .  .  .  . 

See  also  Commonwealth,  officers  and  employees  of;  Counties, 
officers  and  employees  of;  Labor,  public  employees; 
Municipal  officers  and  employees. 

Public  halls  (see  Assembly,  places  of). 

Public  health  council  (see  Public  health,  department  of). 

PUBLIC  HEALTH,  DEPARTMENT  OF: 


Chap. 

Item  or 
Section. 

[    68 

370 

1513 

1412-01 
1412-01 
1412-01 

in  general,  appropriations 


cancer  clinics,  establishment  of,  by,  permitted,  etc. 

coal  sold  or  offered  for  sale,  act  relating  to  quality  of,  as  affect- 
ing powers  and  duties  of        .....  . 

dental  dispensaries,  licensing  of,  powers  and  duties  as  to 

employees,  technical,  of,  killed,  etc.,  in  performance  of  duty, 
payment  of  annuities  to  dependents  of,  relative  to 

horses  and  nmles,  slaughtered  for  use  as  food,  inspection  by,  etc. 

marriage  intention  certificates,  applicants  for,  examination  of, 
for  infectious  diseases,  powers  and  duties  as  to 

metropolitan  water  supply  system,  furnishing  of  water  from, 
to  certain  additional  cities  and  towns,  powers  and  duties 
as  to  ......... 

Neponset  river,  improvement,  beautification  of,  etc.,  survey 
relative  to,  by     .  .  .  .  .        Resolve 

school  children's  feet,  examination  of,  under  direction  of 

Scituate,  Norwell  and  Hanover,  towns  of,  agreements  by,  for 
purchase  or  sale  of  water,  approval  by  . 

slaughter  houses,  operation  and  maintenance  of,  sale  of  veal 
for  food,  etc.,  act  amending  laws  relative  to,  as  affecting 
powers  and  duties  of    . 

Three  Rivers  Fire  District  of  the  town  of  Palmer,  water  sup- 
ply for,  approval  by     . 

water  supply  purposes,  public,  taking  of  water  from  emergency 
sources  for,  approval  by,  authorized  .... 
commissioner,  Norfolk,  town  of,  water  supply  for,  from  Pond- 
ville  hospital  at  Norfolk,  arrangements  as  to,  by     . 

state  institutions,  certain,  transfer  of  patients  or  inmates  of, 
to  municipal  or  county  institutions  by,  etc.     . 


55 


311 


46 


130 


/    68 
\370 

68 
370 
513 

68 
370 


366 


68 

370 

513 

572 
436 

241 
16 

366 
332 

561 

543 

40 

384 

263 


1,  2 


1,2 
Page  851 

2202-03 
2202-03 

1710-00 
1710-00 
1710-00 

1414-01. 
1414-02 

1414-01, 
1414-02 


2001-01  to 

2031-00 

2001-01  to 

2031-26 

2001-02  to 

2013-02 

2012-02, 

Page  797 

1,2 

4 
2 


5 
1,2 

1,3 


508 

1-5 

325 

2 

475 

1.2 

134 

1 

422 

1,2 

Index. 


1105 


PUBLIC    HEALTH,    DEPARTMENT    OF  —  Concluded. 
divisions  of: 


adult  hygiene,  appropriations 


biologic  laboratories,  appropriations 


cliild  hygiene,  appropriations 


communicable  diseases,  appropriations 


food  and  drugs,  appropriations    . 


laboratories,  appropriations 


sanitary  engineering,  appropriations 


Chap. 

68 

370 
513 

68 

370 
513 

68 

370 
L513 


i  370 

68 

370 

513 

572 

68 

370 

I    68 

1  370 


chief  engineer  of,  housing  laws  of  commonwealth,  special  com- 
mission  to  investigate  relative  to,  to  be  member  of    Resolve       50 

68 
tuberculosis,  appropriations 

370 


public  health  council,  appropriations  ..... 

dental  dispensaries,  regulation  of,  powers  and  duties  as  to 

Public  institutions  (see  titles  of  specific  institutions). 

Public  libraries,  division  of  (see  Education,  department  of). 

Public  Library  of  the  City  of  Boston,  Trustees  of  the,  petition 
in  equity  by,  to  authorize  investment  and  appropriation  of 
funds  and  property  held  by  said  trustees,  act  authorizing 

Public  lodging  houses  (see  Inns,  lodging  houses,  etc.). 

Public  ofhcers  (see  Commonwealth,  officers  and  employees  of; 
Counties,  officers  and  employees  of;  Municipal  officers 
and  employees;   and  titles  of  specific  officers). 

Public  records,  supervisor  of,  appropriations       .... 

PUBLIC  SAFETY,  DEPARTMENT  OF: 

in  general,  allowances  to  families  of  members  of,  killed  doing 
police  duty,  appropriation  for  payment  of  any  claims 
for     .......... 


appropriations 


68 
370 
513 

16 


218 


/    6 
\37 


68 
370 


68 
370 
513 

68 


370 

513 
572 


Item  or 
Section. 


2003-01 , 

2003-02 
2003-01, 

2003-02 

2003-02 
2007-01  to 

2007-08 
2007-01  to 

2007-08 
2U07-07, 

2007-08 
2004-01, 

2004-02 
2004-01, 

2004-02 

2004-02 
2005-01  to 

2006-02 
2005-01  to 

2006-02 
2012-01, 

2012-02 
2012-01, 

2012-02 
2012-01  to 

2012-02 
2012-02, 
Page  797 
2015-01, 

2015-02 
2015-01, 

2015-02 
2015-01, 

2015-02 
2015-01, 

2015-02 


2020-01  to 
2020-22 

2020-01  to 
2020-22 
2001-02 
2001-02 
2001-02 
3 


0501-03 
0501-03 

2805-02 

2805-02 

2805-02 

2101-01  to 

2105-02, 

2970-04, 

2970-05 

2101-01  to 

2105-02, 

2970-04, 

2970-05 

2102-02  to 

2105-02 

2104-11  to 

2104-13, 

Page  800 


1106 


Index. 


Chap. 


PUBLIC    SAFETY,    DEPARTMENT    OF  —  Concluded. 
in  general  —  Concluded. 

assembly,  places  of,  mailing  of  certain  rules  and  regulations 
relative  to,  registry  return  receipts  in  connection  with, 
filing  in       ........  . 

employees,  certain,  of,  civil  service  status  of  .  .  . 

hospital  buildings,  approval  of,  by,  etc.,  investigation  rela- 
tive to     .  .  .  .  .  .  .        Resolve 

appropriation      ........ 

members  of,  killed,  etc.,  in  performance  of  police  duty,  pay- 
ment of  annuities  to  dependents  of,  relative  to 
retirement  of  certain  officers  in    . 

boards,  etc.,  in,  boiler  rules,  appropriations  . 


boxing  commission,  appropriations 


standards  and  appeals,  board  of,  appropriation 

establishment,  powers,  duties,  etc.    ..... 

commissioner,   assembly,   places  of,   construction,  alteration, 
use,  occupancy,  etc.,  of,  powers  and  duties  as  to      . 
employees,  certain,  of  department,  status  under  civil  service, 

powers  as  to         . 
housing  laws  of  commonwealth,  special  commission  to  inves- 
tigate as  to,  to  be  member  of  .  .  .        Resolve 
retirement  of  certain  officers  in  department,  powers  and  duties 
as  to             ......... 

divisions  of: 


544 
335 


67 
572 


H 


fire  prevention,  appropriations 


366 
545 

68 

370 

68 

370 
.513 
572 
544 

544 

335 

50 

545 

68 
370 


513 

state  fire  marshal,  appropriations      .  .  .  .  .  I  07^ 

fireworks,  public  displays  of,  rules  and  regulations  for 
granting  of  permits  for,  by  .  .  .  .  .291 

68 


inspection,  appropriations 


state  police,  appropriations 


enlistments  of  women  as  officers  in,  certain  age  require- 
ments not  to  apply  to  ...... 

Ganley,  John,  injured  while  in  performance  of  duties  as 
member  of,  annuity  to  ....        Resolve 

McDonald,  Walter  R.,  killed  while  in  performance  of  duties 
as  member  of,  annuity  to  widow  of         .  .        Resolve 

retirement  of  certain  officers  in  ....  . 

Public  safety,  Massachusetts  committee  on,  appropriations 
Public  schools  (see  Schools,  public). 


370 
513 

572 
68 

370 

513 

175 

51 

61 

545 

/    68 

\370 


Item  or 
Section. 


2,  Subs.  SB 


0251, 
Page  800 


2 

2104-31, 
2104-32 

2104-31, 
2104-32 

2105-01, 
2105-02 

2105-01, 
2105-02 
2105-02 

2104-13, 

Page  800 

1.  2,  7,  8 


1.2 

2103-01  to 
2103-04 

2103-01  to 
2103-04 

2103-02  to 
2103-04 
2103-01 
2103-01 


2104-01  to 

2104-22 

2104-01  to 

2104-22 

2104-21, 

2104-22 

2104-11, 

2104-12, 

Page  800 

2102-01  to 

2102-04, 

2970-04, 

2970-05 

2102-01  to 

2102-04, 

2970-04, 

2970-05 

2102-02, 

2102-04 


1,  2 
0450-01 
0450-01 


Index. 


1107 


Chap. 


Item  or 
Section. 


Public  service  corporations  (see  Gas  and  electric  companies;  Pub- 
lic utilities,  department  of;  Railroads;  Street  railways; 
Telephone  companies). 

PUBLIC   UTILITIES,   DEPARTMENT    OF: 


in  general,  appropriations   . 


Eastern  Massachusetts  Street  Railway  Company,  public  control 
and  management  of,  extension  of,  powers  and  duties  as  to 

gas  meters,  stamping  of,  as  correct,  temporary  amendment  of 
laws  relative  to,  as  affecting  powers  and  duties  of    . 

Hull,  town  of,  agreement  by,  with  Nantasket-Boston  Steam- 
boat Company,  Inc.,  character  and  extent  of  service  fur- 
nished under,  determination  by,  when,  etc. 

labor  service  of,  placed  under  civil  service     .... 

motor  bus  service  in  cities  and  towns,  agreements  as  to  cost  of, 
etc.,  powers  and  duties  as  to 

Norwell,  town  of,  water  supply  for,  furnishing  by  town  of 
Scituate,  rates  for,  etc.,  approval  by       . 

Revere,  city  of,  act  suspending  restrictions  on  granting  of 
licenses  for  transportation  of  passengers  by  motor  vehicle 
in,  as  affecting  powers  and  duties  of       . 

street  railway  companies,  preferred  and  common  stock  of, 
act  relative  to  ratio  between,  as  affecting  powers  and 
duties  of     ........  . 

Three  Rivers  Fire  District  of  the  town  of  Palmer,  water  sup- 
ply for,  laying  of  pipes,  etc.,  on  railroad  locations  for, 
approval  by,  when        ....... 

commission,  Boston  metropolitan  area,  rapid  transit  in,  special 
commission  to  investigate,  to  be  members  of  .        Resolve 

securities,  sale  of,  administration  of  law  relative  to,  by,  appro- 
priations    ......... 

divisions  of: 


commercial  motor  vehicle,  appropriations     .... 

smoke  inspection,  appropriations  ..... 

telephone  and  telegraph,  appropriations        .... 

Public  ways  (see  Ways,  public). 

Public  welfare  and  soldiers'  benefits,  surplus  interest  accruing 
under  provisions  of  law  authorizing  municipalities  to 
borrow  from  commonwealth  on  account  of,  transfer  to 
general  fund  authorized         ...... 

PUBLIC  WELFARE,  DEPARTMENT  OF: 


in  general,  appropriations    . 


68  ■ 
370 
513 
572  . 

2301-01  to 
2308-02 
1   2301-01  to 
1     2320-01 
1   2301-01  to 
,    2304-01 
^  2301-06  to 
2304-02 

98 

1.4,6 

8-11 

127 

1 

501 
402 

1 
1.  2 

157 

263 

3 

162 

1,2 

342 

325 

56 

68 

370 


68 

370 
513 

572/ 

68 
370 

68 
370 
513 


347 

68 
370 

513 


572 


2308-01, 
2308-02 

2308-01, 
2308-02 

2304-01, 
2304-02 
2304-01, 
2304-02 
2304-01 
2304-01, 
2304-02 
4311,4312 
4311,  4312 
2301-05 
2301-05 
2301-05 


1901-01  to 

1919-00 

1901-01  to 

1919-00 

1901-03  to 

1919-24; 

Page  666 

1904-01, 

Page  800; 

1907-04, 

Page  800; 

1907-08, 

Page  795; 

1907-09, 

Page  795 


1108 


Index. 


PUBLIC    WELFARE,    DEPARTMENT    OF  —  Concluded. 
in  general  —  Concluded. 

child  welfare  services  program,  so  called,  under,  employees  of, 
placed  under  civil  service      ...... 

funerals  of  certain  poor  persons,  amounts  payable  by  common- 
wealth for,  investigation  relative  to,  by  .       Resolve 
mothers  with  dependent  children,  aid  to,  absence  from  com- 
monwealth by  recipients  thereof,  continuance  of  such  aid 
in  cases  of,  powers  and  duties  as  to         . 
medical,  hospital  and  other  services  rendered  on  account  of, 

payment  for,  powers  and  duties  as  to     . 
records  concerning,  etc.,  inspection  and  disclosure  of,  rela- 
tive to         ........  . 

state  reimbursement  of  cities  and  towns  on  account  of, 
powers  and  duties  as  to  . 
neglected  children,  certain,  committed  to,  expenses  for  sup- 
port of,  payment  to  . 
old  age  assistance,  so  called,  absence  of  recipients  from  com- 
monwealth without  suspension  of  such  assistance  under 
rules  provided  by,  etc.  ...... 

administration  of  laws  relative  to,  changes  in,  as  affecting  . 

bonds  and  mortgages  given  by  certain  recipients  of,  pro- 
ceedings on,  approval  by,  required  .... 

records  concerning,  etc.,  inspection  and  disclosure  of,  rela- 
tive to         ........  . 

state  reimbursement  of  cities  and   towns  on  account  of, 
powers  and  duties  as  to         . 
planning  boards,  local,  filing  of  reports  by,  with  state  planning 
board  instead  of  with,  providing  for       .... 

reorganization  of,  and  transfer  to,  of  aid  to  the  blind,  investi- 
gation relative  to  ....  .        Resolve 

sick  poor  persons,  hospital  and  medical  expenses  in  connection 
with  support  of,  state  reimbursement  of  cities  and  towns 
for,  as  provided  by  rules  made  by  .... 

public  assistance  to,  by  cities  and  towns,  reimbursement 
for,  period  of  liability  of  commonwealth  for,  in  connection 
with  notices  to,  etc.      ....... 

commissioner,  Belchertown,  reimbursement  of,  by  common- 
wealth for  welfare  assistance  granted  to  Marion  Tribe 
and  Stanley  Tribe,  Jr.,  approval  by        .  .        Resolve 

state  institutions,  certain,  transfer  of  patients  or  inmates  of, 
to  municipal  or  county  institutions  by,  etc.     . 
divisions  of: 


aid  and  relief,  appropriations 


Chap. 


Item'or 
Section. 


child  guardianship,  appropriations 


juvenile  training,  appropriations 


Massachusetts  training  schools,  trustees  of,  in  (see  Massa- 
chusetts  training   schools) . 


state  board  of  housing  in,  appropriations 


PUBLIC  WELFARE,  LOCAL  BOARDS  OF: 

aid  to  dependent  children,  so  called,  departure  from  common- 
wealth, etc.,  by  recipients  thereof,  notification  of,  to         .     117 

old  age  assistance,  so  called,  administration  of  laws  relative  to,  /  489 
changes  in,  as  affecting  .  .  .  .  .  .  \  606 


246 

1,2 

23 

117 

97 

169 

491 

504 

470 

/489 
.506 

1-3 

512 

169 

/489 
\490 

2 

266 

38 

476 

275 

1.2 

24 

422 

1,2 

68 

I         1904-01, 

1           1904-02 

370 

f         1904-01, 
1           1904-02 

572 

f         1904-01, 

Page  800 

68. 

^     1906-01  to 

1906-03 

370  ■ 

*     1906-01  to 

1906-03 

1906-01, 

513 

1906-03; 

Page  666 

68. 

'        1908-01, 

1908-02 

370. 

^         1908-01, 

1908-02 

.613 

1908-02 

68. 

1902-01, 

1902-02 

370. 

1902-01, 
1902-02 

,513 

1902-01 

1-3 


Index. 


1109 


Chap. 


PUBLIC   WELFARE,   LOCAL  BOARDS  OF  —  Concluded. 

public  assistance  records,  inspection  and  disclosure  of,  relative  to 

See  also  Poor  and  indigent  persons. 
Public  welfare  relief,  borrowing  by  cities  and  towns  on  account  of  . 
Public  works,  federal  grants  for  (see  Federal  emergency  laws). 

post-war,  program  of,  preparation  by  emergency  public  works 
commission,  authorized,  etc.  ..... 

Public  works  building,  maintenance  of,  etc.,  appropriations  . 

Public  works  commission,   emergency   (see  Emergency  public 

works  commission). 
PUBLIC   WORKS,   DEPARTMENT   OF: 


in  general,  appropriations 


169 
44 

517 
370 

513 


68 


370 


513 


f  ertain  rules  and  regulations  as  to 
led,  certain  work  at,  by,  providing 


Boston,  city  of,  lands,  certain,  in,  ceded  to  United  States  for 
purpose  of  coast  guard  base,  plans  for  filling  of,  filing  with 
and  approval  by  ....... 

Chelsea,  city  of,  lands,  certain,  in,  ceded  to  United  States  for 
use  as  annex  to  Boston  Navy  Yard,  plans  for  filling  of, 
filing  with  and  approval  by  . 

Commonwealth  Airport-Boston,  so  called,  improvement, 
development,  etc.,  of,  powers  and  duties  in  connection 
with  .......... 

employees,  certain,  of,  subjected  to  civil  service  laws 

technical,  of,  killed,  etc.,  in  performance  of  duty,  payment 
of  annuities  to  dependents  of,  relative  to  .  .  . 

Flanagan,  Patrick,  heirs  of,  payment  by  commonwealth  of  sum 
of  money  to,  as  compensation  for  certain  property  taken 
by  .......       Resolve 

appropriation 

Flax  pond  in  city  of  Lynn 

approval  by,  etc. 
Gloucester  fish  pier,  so      i 
for 

appropriation 

Lowell,  city  of,  conveyance  to,  of  certain  interests  in  land  taken 

by  eminent  domain  by  ..... 

Massapoag,  Lake,  in  town  of  Sharon,  certain  rules  and  regu 

lations  as  to,  approval  by,  etc.     .... 
McLaughlin,  Edward  J.,  payment  by  commonwealth  of  sum 
of  money   to,   as   compensation   for   certain  property 
taken  by  .  .  .  .  .  .        Resolve 

appropriation      .  .  . 

Michael,  Arthur,  estate  of,  payment  by  commonwealth  of  sum 
of  money  to,  as  compensation  for  certain  property 
taken  by  ......        Resolve 

appropriation      ........ 

Osterbanks,  Everett  S.,  payment  by  commonwealth  of  sum 
of  money  to,  as  compensation  for  certain  property 
taken  by  ......        Resolve 

appropriation       ........ 


l^^^l 


Item  or 

Section. 


1-4 


458 


456 

'528 

567 

'438 

366 


18 
572/ 

71 

393 

572  I 

503 
73 

18 
572/ 

18 
572/ 

18 
572/ 


1-4 

2922-01  to 

2922-03 

2922-02, 

2922-03 


2201-01  to 

2202-13, 
2921-01  to 

2924-03, 
3131-01  to 

3132-21 
2201-01  to 

2202-13, 
2921-01  to 

2924-03, 
3131-01  to 

3132-14 

2202-07. 

2922-02. 

2922-03 
Pages  791, 

792,  793 


1-8 
1 


2930-11, 
Page  799 

2,  5 

1.  2 
2220-17, 
Page  796 


2,  5 


2930-11, 
Page  799 


2930-11. 
Page  799 


2930-11. 
Page  799 


1110 


Index. 


Chap. 


Item  or 

Section. 


PUBLIC   WORKS,   DEPARTMENT   0¥  —  Concluded. 
in  general  —  Concluded. 

Plymouth,  town  of,  right  of  way  to  Little  Herring  Pond  in, 

plans  of  location  for,  approval  by  . 
post-war  highway  projects,  commission  to  study  and  make 
recommendations  relative  to,  powers  and  duties  in  con- 
nection with         ......        Resolve 

ways,  limited  access,  laying  out  by,  etc.  .... 

other  than  state  highways,  laying  out  and  altering  by,  and 
securing  of  federal  aid  in  connection  therewith,  authorized 
commissioner,  Commonwealth  Airport-Boston,  so  called,  im- 
provements, etc.,  to  be  made  at,  employment  of  certain 
persons  in  connection  with,  by       ....  . 

post-war    highway    commission,    so    called,    to    be    member 
of       .......  .        Resolve 

highways,  functions  relating  to,  appropriations  . 

Highway  Fund,  from,  authorized      ..... 

registrar  of  motor  vehicles,  appropriations  .... 


151 

46 
397 

416 

528 

46 
370  { 
572 

68 

370 


Gray,  Frank  L.,  payment  by  commonwealth  of  sum  of  money 
to,  to  reimburse  him  for  loss  occasioned  by  reason  of  error 
of  employee  of     .  .  .  .  .  .        Resolve       48 

investigators  and  examiners  appointed  by,  killed,  etc.,  in  per- 
formance of  police  duty,  payment  of  annuities  to  depend- 
ents of,  relative  to        ......  .     366 

military  forces  of  commonwealth,  motor  vehicles  controlled  by, 

distinguishing  mark,  etc.,  for,  furnishing  by     .  .  .     409 

number  plates  displayed  on  motor  vehicles,  furnishing  and  use 

of,  during  existing  state  of  war,  powers  and  duties  as  to     .     278 

registration  fees,  rebate  of,  in  case  of  registrants  who  enter 
military  or  naval  service,  applications  for,  certification 
by,  etc 401 

See  also  Motor  vehicles. 


waterways  and  public  lands,  functions  relating  to,  appro- 
priations   ......... 


Public  Works  Stores  and  Equipment  account,  established,  etc. 


68 

370 

68 

370 
106 


Puccia,  J.,  &  Co.  Inc.,  revived  ....... 

Puffs,  comforters,  etc.,  consisting  in  whole  or  in  part  of  reprocessed 

material,  marking  of,  requirements  as  to         .  .  .     381 

Pupils  (see  Schools). 
Purchasing  agent  (see  Administration  and  finance,  commission  on). 


2900-01  to 

2900-18 

3 

2924-01  to 
2924-03 

2924-01  to 
2924-03 


2 
1.2 

1.  2 

2202-01  to 
2202-13 
2202-01  to 
2202-13 
2900-50, 
2900-55 
2900-50, 
2900-65 

1-4 


Q- 


Quabbin  Reservoir,  flow  of  water  from,  and  improvement  of  Swift 

and  Ware  rivers,  investigation  relative  to       .        Resolve 

services  of  metropolitan  district  police  at,  cost  of,  appropriation  . 


Quartermaster,  state,  appropriations 


Questions  submitted  to  voters,  provisions  of  corrupt  practices  law 
relative  to  influencing  votes  on,  by  certain  corporations, 
amended     .........     273 

Quilts,  comforters,  etc.,  consisting  in  whole  or  in  part  of  reproC' 
essed  material,  marking  of,  requirements  as  to 

Quincy,  city  of  (see  Cities  and  towns). 

shore,  protection  at,  cost  of  certain  repairs  for,  appropriation 


16 

370 

8902-26 

68  1 

0405-01  to 

0406-06 

370  1 

0405-01  to 

0406-07 

513 

Page  665 

[572 

0405-02 

273 

1.2 

381 

1-4 

370 

2937-06 

Index.  1111 


R. 


Item  or 
Chap.  Section. 


68 


Raccoons  (see  Game  and  inland  fisheries). 

Race,  discrimination  because  of,  in  employment,  investigation  rela- 
tive to         ......  .        Resolve       39 

libel  of  groups  of  persons  because  of,  etc.,  penalized    .  .  .     223 

Races,  horse  and  dog  (see  Horse  and  dog  racing  meetings  conducted 

under  pari-mutuel  system  of  wagering). 
RACING   COMMISSION,    STATE: 

0418-01, 

0418-02 

appropriations       .........  -j  ojn  /         0418-01, 

"^  "  1  0418-02 

,513  0418-02 

horse  and  dog  racing  meetings,  licenses  for  conducting  of,  public 

hearings  on  applications  for,  by     .  .  .  .     269 

horse  races,  hours  for,  under  licenses  issued  by,  during  present 

war    .  . 268 

See  also  Horse  and  dog  racing  meetings,  etc. 
Radio  broadcasts,  expenditures  by  political  committees  for,  author- 
ized    318  2 

See  also  Broadcasting  studios. 
Ragfweed,  suppression  and  eradication  of,  municipal  appropriations 

for,  authorized     ........     287  1-3 

Railroads,  alcoholic  beverages,  sales  of,  by,  made  subject  to  excise    .       36 
bonds  of,  certain,  acquisition  etc.,  of,  by  certain  other  railroad 

corporations,  act  authorizing  .....       33 

investment  in,  by  savings  banks,  etc.,  further  regulated  .  .     215  2-5 

employees  of,  lavatory  and  sanitary  facilities,  reasonable,  for, 

providing  for,  by,  etc.  .......     333 

forest  cutting  practices,  law  providing  for  establishment  of,  ex- 
empted from        ........     539  Subs.  44 

grade  crossings  of,  warning  signs  at,  etc.,  investigation  relative 

to       .  .  .  .  .  .  .  .        Resolve       66 

initiative  petitions,  affected  by,  provisions  of  corrupt  practices 

law  relative  to  influencing  vote  on,  by,  amended  .     273  1,  2 

taxation  of  (see  Taxation,  corporations,  of,  corporate  franchises), 
transportation  service,   continued,  for  communities  served  by 
certain,    particularly    commuting    passenger    service,    so 
called,  action  to  assure,  investigation  relative  to,  con- 
tinued        .......        Resolve       35 

appropriation 572  |        p^^f^^^ 

See  also  Boston  and  Maine  Railroad;  Boston  and  Providence 
Railroad  Corporation;  Carriers,  common;  New  York, 
New  Haven  and  Hartford  Railroad  Company;  Old  Colony 
Railroad  Company;   Terminal  corporations. 

Railways,  street  (see  Street  railways). 

Rape  (see  Sex  crimes,  so  called). 

Rapid  transit  system,  Boston,  city  of,  in,  extension  from  South 
station  to  Readville  district,  investigation  as  to,  con- 
tinued        .  .  .  .  .  .  .        Resolve       35 

appropriation  ........     572  i 

Boston  metropolitan  area,  in,  investigation  relative  to     Resolve       56 


0204, 
Page  798 


Rationing,  food,  fuel,  etc.,  of,  investigation  relative  to,  expenses  of,  \  (.-„  f  0245, 

appropriation      .  .  .  .  .  .  .  •  I         \        Page  798 

Rats  (see  Rodents). 

Reading,  town  of  (see  Cities  and  towns) . 

Readville  district  of  city  of  Boston,  extension  of  rapid  transit  sys- 
tem in  city  of  Boston  from  South  station  to,  investigation 
relative  to,  continued  .....        Resolve       35 

appropriation 572  |        Pagfyfe 

Real  estate  lying  in  common,  proprietors  of,  etc.,  incorporation 

of,  further  regulated     .......     130  1,  2 

Real  property,  assessments,  betterment,  etc.,  on,  time  for  payment  f  252  1-6 

of,  and  continuance  of  liens  created  in  connection  with  .  \  478  4 

liens  for,  relative  to    .           .           .           .           .           .           .                478  1-4 

deeds  of  conveyance,  acknowledgment  of,  etc.,  by  persons  in 

military  or  naval  service,  relative  to       ...          .     548  9 


1112 


Index. 


Real  property  —  Concluded. 

eminent  domain,  taking  by  right  of,  certificate  of  entry  or  taking 

possession  in  certain  cases  of,  recording,  etc.,  relative  to 

filing  of  petitions  for  assessment  of  damages  in  connection 

with,  time  limitation  for        ...... 

mortgages  of  (see  Mortgages). 

old  age  assistance  applicants,  owned  by,  not  to  preclude  granting 
in  certain  cases  of  such  assistance  when  applicant  does 
not  reside  thereon         ....... 

sa\'ings  banks,  acquired  by,  by  foreclosure  of  mortgages  or  at  cer- 
tain sales,  holding  by,  period  of  time  for,  further  regulated 
taxation  of  (see  Taxation). 

tax  titles  (see  Taxation,  local  taxes,  collection  of). 
See  also  Land. 
Rebellion,  war  of  the  (see  Civil  war  veterans). 
Receivers,  licensees  under  liquor  control  law,  so  called,  of,  conduct- 
ing of  business  by,  regulated  ..... 

resignation  of,  by  their  guardians,  conservators,  etc.,  authorized 


Reclamation  board,  state,  appropriations  . 


Recognizances,  criminal  cases,  in,  suits  on,  weekly  return  day  in 

superior  court  for  entry  of,  providing  for,  etc. 
Reconstruction  Finance  Corporation,  trust  companies,  invest- 
ments of,  in  their  commercial  departments,  certain  limita- 
tions on,  not  to  apply  when  secured  by  guarantees  of,  etc 
Records,  births,  of  (see  Births). 

fraternal  benefit  societies,  of,  destruction,  etc.,  of,  penalized 
marriage,  certain,  of  (see  Marriage). 

phonographic,  obscene,  publishing,  selling,  etc.,  of,  penalized 
probation,  board  of,  of,  made  available  to  certain  charitable  and 

educational  corporations  and  to  governmental  agencies 
public  (see  Public  records). 

soldiers,  sailors  and  marines,  of,  copies  of,  furnishing  without 
charge  in  certain  cases  ..... 

Recounts  of  ballots  (see  Elections). 

Recovery  Act,  National  Industrial  (see  National  Industrial  Re- 
covery Act). 
Recreation  rooms,  inclusion  of  certain,  within  meaning  of  term 

"place  of  assembly"  under  certain  building  laws 
Referendum  (see  Initiative  and  referendum). 

Reformatory,  institutions  (see  Penal  and  reformatory  institutions). 
Massachusetts  (see  Massachusetts  reformatory). 


women,  for,  appropriations 


Chap. 

Item  or 
Section. 

251 

/  95 
1251 

1-4 
3 

512 

• 

215 

9 

escapes  or  attempted  escapes  from,  penalty  for 
prisoners  released  from,  loans  to,  pro'viding  for 
REGISTERS    AND    REGISTRIES    OF    DEEDS: 

in  general,  destruction  of  certain  original  papers  by,  authorized 
filing  and  recording  of  instruments  with: 

conditional  sales  of  seats  for  theatres,  halls,  parks,  etc., 
notices  of    .  .  .  .  .  .  .  .  . 

eminent  domain  cases,  certain,  certificates  of  entry  or  taking 
possession  .  .  .  .  .  .  ... 

liens  for  real  estate  taxes  and  assessments,  certain  certifi- 
cates relating  to  ....... 

powers  of  appointment,  releases  of    .  .  ... 

real  or  personal  property,  instruments  relating  to,  in  which 
soldiers  or  sailors  may  be  interested,  equity  proceedings 
for  authority  to  exercise  rights  of  seizure  or  foreclosure 
contained  therein,  in  connection  with      .  .  .  . 

Middlesex    county.    Beacon    Universalist    Parish,    united    with 
First  Universalist  Society  in  Waltham,  certificates  and 
deeds  in  connection  with,  filing  with       .... 

Norfolk  county.  Beacon  Universalist  Parish,  united  with  First 
Universalist  Society  in  Waltham,  certificates  and  deeds  in 
connection  with,  filing  with  .  .  .  ,  . 


542 
201 

68 

370 

513 

145 
244 


307 
74 

239 
64 

484 

546 

68 
i  370 

513 

19 
433 

128 


1.  12 

2 

0910-01, 

3901 

0910-01, 

3901 

0910-01 

1.2 

3 


1806-00, 

4511 

1806-00, 

4511 

Page  666; 

4511 

1,2 


52 

1.2 

251 

1-4 

478 
152 

2  3 

Subs.  28 

57 

1-4 

146 

3-5 

146 

1,3-5 

Index. 


1113 


Chap. 


Registers  and  registries  of  probate  and  insolvency  (see  Probate 

and  insolvency,  registers). 
Registrar  of  motor  vehicles  (see  Public  works,  department  of). 
REGISTRARS    OF   VOTERS: 

absent  voting,  residents  of  commonwealth  in  armed  forces,  by, 
powers  and  duties  relative  to         ....  . 

election  laws,  acts  making  correctional  changes  in,  as  affecting 
powers  and  duties  of    ......  . 

election  officers  in  cities,  appointment  of,  powers  and  duties  as 
to,  further  regulated     ....... 

inns,  lodging  houses  and  public  lodging  houses,  securing  of  cer- 
tain information  relative  to  persons  residing  at,  in  con- 
nection with  registration  thereof  as  voters,  powers  and 
duties  as  to  .  .  . 

listing  of  persons  in  armed  services  as  voters,  and  restoring  to 
voting  lists  the  names  of  such  persons  stricken  therefrom, 
duties  as  to 

nomination  of  candidates,  etc.,  act  making  correctional  changes 

in  laws  pertaining  to,  as  affecting  powers  and  duties  of 

state  primaries,  at,  by  a  political  party,  certification  of,  as 

enrolled   member  of  such   party,   duties   as   to,   further 

regulated    ......... 

preliminary  elections  in  cities,  nomination  petitions,  etc.,  of 
candidates  to  be  voted  for  at,  names  of  signers  of,  certifi- 
cation by    .  .  .  .  .  .  .  . 

recounts  of  ballots  at  primaries  and  elections,  powers  and  duties 
as  to,  further  regulated  ...... 

registration  of  voters  by,  persons  claiming  citizenship,  in  cases 
of,  etc.,  powers  and  duties  as  to     . 

town  meeting  members,  nomination  papers  of  candidates  for 
re-election  as,  submission  to,  etc.  ..... 

verification  of  voting  lists,  state  wide,  powers  and  duties  as  to 
Registration,  civil  service  and,  department  of  (see  Civil  service  and 
registration,  department  of). 

division  of  (see  Civil  service  and  registration,  department  of). 

See  also  Licenses  and  permits;   also  specific  titles. 
Registration  plates  (see  Motor  vehicles). 

Rehabilitation,  disabled  soldiers  and  disabled  workers  in  industry, 
of,  vocational  education  classes  for         .... 

funds,  post-war,  establishment  of,  by  counties,  cities,  towns  and 
districts      ......... 

vocational,  and  co-operation  with  federal  government,  appro- 
priations    .  .  .  .  .  .  .  . 

Reinsurance  (see  Insurance,  classes  of  insurance). 

Relief,  aid  and,  division  of  (see  Public  welfare,  department  of), 
welfare  (see  Public  welfare). 

Relief  Plan  of  Bethlehem  Steel  Corporation  and  Subsidiary 
Companies,  unincorporated  association  known  as,  rela- 
tive to         ........  . 

Religion,  discrimination  because  of,  in  employment,  investigation 
relative  to  ......        Resolve 

libel  of  groups  of  persons  because  of,  etc.,  penalized 

Religious  services,  rooms,  etc.,  used  for,  inclusion  of  certain,  within 
meaning  of  term  "place  of  assembly"  under  certain 
building  laws       ........ 

Reporter  of  decisions,  supreme  judicial  court,  appropriations 

Representatives,  house  of  (see  General  court). 

Representative  town  government,  standard  form  of,  election  of 
town  meeting  members  vmder  provisions  of,  placing  of 
words  "candidate  for  re-election"  against  names  of  cer- 
tain candidates  at,  etc.  ...... 

Reprocessed  material,  comforters,  quilts  and  puffs  consisting  in 
whole  or  in  part  of,  marking  of,  requirements  as  to  . 

Reservations,  federal,  births,  deaths  and  marriages  taking  place  on, 
relative  to  ........ 


390 
334 
411 
453 

230 


320 

253 
334 

53 


Item  or 
Section. 


2,  5,  7-10,  13 

3,  11,  12,  17 

14 

9-33 


1-4 

1,2 
3,11.  12.  17 


229 

2 

417 

108 

453 
537 

4 
1-4 

540 

5 

68 

370 
.513 


396 


39 
223 


546 

68 

370 


1 
453 


381 
408 


1,2,  6 
1301-31, 
1301-32 
1301-31, 
1301-32 
1301-31 


1-3 


1 
0301-11  to 

0301-12 
0301-11  to 

0301-12 


1,  2 
4 


1-4 
1-3 


1114 


Index. 


Reservations  —  Concluded. 

park,  metropolitan,  maintenance,  appropriations 

Nantasket  beach  reservation,  maintenance  of,  appropriations 

Salisbury  beach  reservation,  maintenance  and  improvement  of, 
appropriations     ........ 

Reservoirs  (see  Waters  and  waterways). 
Resolves  (see  Acts  and  resolves;   Statutes). 

Restaurants,  term  "place  of  assembly"  under  certain  building  laws 
to  include  certain  ....... 

Restraining  orders  (see  Injunctions). 

Retirement,  state  board  of  (see  Retirement  systems  and  pensions, 

commonwealth,  of). 
RETIREMENT    SYSTEMS   AND    PENSIONS: 

pensions,  Ganley,  John,  payment  by  commonwealth  of  annuity 
to       .......  .        Resolve 

Gray,    Frank    L.,    payment    by    commonwealth    of    annuity 
to       .......  .        Resolve 

justices,  appropriations        ....... 

investigation  relative  to  .  .  .  .  .        Resolve 

retirement  age  for,  prescribing  by  general  court,  proposed 

amendment  to  constitution  providing  for 
special,  relative  to  ....... 

Lowell,  city  of,  laborers,  foremen,  mechanics,  craftsmen  and 
chauffeurs  in  employ  of  .....  . 

McDonald,  Walter  R.,  widow  of,  payment  by  commonwealth 
of  annuity  to       .....  .        Resolve 

police  officers,  state,  appropriations      ..... 


Chap. 
370 
370 
572 

68 
370 
513 


546 


51 

48 
/  68 
\370 

49 


prison  officers  and  instructors,  appropriations 

Searle,  William  L.,  payment  by  commonwealth  of  annuity 
to       .......  .        Resolve 

soldiers  and  others,  appropriations        ..... 

Springfield,  city  of,  certain  members  of  police  force  of,  for, 
credit  for  service  in  regular  police  force  of  park  department 
in  connection  with        .  . 


398 
/243 
1560 

61 
68 
370 
513 
68 
370 
513 

37 

68 

370 

572 


184 


state  employees,  appropriations  ...... 

state  house,  women  formerly  employed  in  cleaning,  appropria- 
tions ......... 

state  police,  division  of,  certain  officers  in     . 

teachers,  appropriations      ....... 

See  also,  infra,  retirement  systems. 


veterans,  certain,  appropriations 


public  service,  in,  certain,  relative  to  .  .  . 

See  also  Old  age  assistance,  so  called. 
retirement  systems,  contributory,  in  general,  accidental  dis- 
ability or  death  benefits  under,  applications  for,  in  cases 
where  workmen's   compensation   has  been  received   and 
notice  of  injury  was  not  given  to  retirement  board  of  such 
system         ......... 

further  investigation  relative  to         .  .  .  Resolve 

Boston,  city  of,  of,  policemen  and  firemen,  accidental  disability 
allowances  for,  under,  relative  to  . 


370 

513 

68 

370 

545 

/    68 

\370 


370 


513 
514 


189 
49 

204 


Item  or 
Section. 

8602-00  to 

8611-22 

8611-00, 

8611-22 

8611-00, 

Page  796 

4031 

4031 

4031 


0309-01 
0309-01 


Page  847 


1.2 
1.2 


2811-04 
2811-04 
2811-04 
2811-03 
2811-03 
2811-03 


2805-01 

2805-01 

2805-01, 

Page  799 


0604-03, 
2970-01 

0604-03, 
2970-01 
0604-03 
2811-05 
2811-05 
1.  2 
1305-03 
1305-03 

2805-01, 
2811-01, 
2811-02 
2805-01, 
2811-01, 
2811-02 
2811-02 
1-4 


1-3 


Index. 


1115 


RETIREMENT    SYSTEMS    AND    TENSIONS —Continued. 
retirement  systems,  contributory  —  Continued. 

cities  and  towns,  of,  disability,  accidental,  retirement  allow- 
ances of  certain  former  employees  for,  under,  increase 
of,  authorized  ....... 

ordinary,  retirement  for,  amount  of  allowance  for,  regu 
lated        ........ 

military  or  naval  service,  officers  and  employees  in,  special 
funds  provided  to  meet  liability  of  cities  and  towns  to 
pay  contributions  on  account  of,  to        .  .  . 

mortality  tables  and  rates  of  interest,  existing,  for,   con- 
tinued        .  .  .  .  .  .  .  . 

women's  auxiliary  military  and  naval  units,  public  officers 

and  employees  in,  status  under,  etc. 
See  also,  supra,  in  general. 


commonwealth,  of,  appropriations 


Chap. 


452 

425 


419 
497 


172 


Item  or 
Section. 


1,  2 
2 


board  of  retirement,  appropriations 


state  police,  division  of,  retirement  of  certain  officers  in, 
powers  and  duties  as  to     . 

employment  security,  division  of,  employees  in,  inducted 
into  United  States  employment  service,  protection  of 
rights  Of,  under  ........ 

funds,  certain,  of,  investment  in  United  States  war  bonds, 
providing  for        ........ 

military  or  naval  service,  officers  and  employees  in,  special 
funds  provided  to  meet  liability  of  commonwealth  to  pay 
contributions  on  account  of,  to      . 

mortality  tables  and  rates  of  interest,  existing,  for,  continued 

pensions,  etc.,  payable  under,  amounts  of,  etc.,  not  affected 
by  act  temporarily  increasing  salaries  of  state  officers  and 
employees  ........ 

state  police,  division  of,  retirement  of  certain  officers  in, 
under  ......... 

women's  auxiliary  military  and  naval  units,  public  officers 
and  employees  in,  status  under,  etc.       .  . 

counties,   of,  disability,  ordinary,  retirement  for,   amount  of 
allowance  for,  regulated         ...... 

military  or  naval  service,  officers  and  employees  in,  special 
funds  provided  to  meet  liability  of  counties  to  pay  con- 
tributions on  account  of,  to  . 

mortality  tables  an\i  rates  of  interest,  existing,  for,  con- 
tinued        ......... 

pensions,  etc.,  payable  under,  amounts  of,  etc.,  not  afTected 
by  act  temporarily  increasing  salaries  of  officers  and  em- 
ployees of  counties,  except  Suffolk  .... 

towns,  small,  whose  employees  are  members  of  a  county 
system,  method  of  computing  payments  by,  to,  relative  to 

women's  auxiliary  military  and  naval  units,  public  officers 
and  employees  in,  status  under,  etc.        .... 

See  also,  supra,  in  general, 
districts,  of,  military  or  naval  service,  officers  and  employees 
in,  special  funds  provided  to  meet  liability  of  districts  to 
pay  contributions  on  account  of,  to 
Lawrence,  city  of,  of,  eligibility  of  Patrick  J.  Boyle  to  become 
member  of,  and  for  certain  benefits  thereunder 

temporary  reinstatement  in  water  department  of  Richard 
A.  Linehan  for  purpose  of  being  retired  under 


r  0604-01  to 

68 

0604-03, 

2970-01 

■  0604-01  to 

370 

0604-03, 

2970-01 

513 

r    0604-01. 

0604-03 

572 

0604-04 

0604-01  to 

68- 

0604-03, 

2970-01 

0604-01  to 

370 

0604-03, 

1    2970-01 

513 

r    0604-01, 

0604-03 

572 

0604-04 

545 

2 

535 

3.  5 

213 

1.  2 

419 

497 

170 

6 

545 

2 

172 

425 

1 

419 

497 

224 

8 

236 

1,  2 

172 

419 
206 

1,  2 

283 

1.  2 

1116 


Index. 


RETIREMENT   SYSTEMS   AND    PENSIONS  —  ConcZ^/ded. 
retirement  systems,  contributory  —  Concluded. 

Pittsfield,  city  of,  of,  park  department  employees,  rights  under 
Salem,  city  of,  of,  extension  to  employees  of  Salem  and  Bev- 
erly water  supply  board         ...... 

savings  banks  employees,  for,  establishment  of      . 

teachers,  of,  annuity  fund,  payment  of  assessments  into,  and 

contributions  of  commonwealth  to  said  fund,  relative  to  . 

funds,  certain,  of,  investment  in  United  States  war  bonds, 

providing  for        ........ 

mortality  tables  and  rates  of  interest,  certain,  for,  restored 
payments  from  funds  of,  to  members  withdrawing  from 
public  school  service  further  regulated    .... 


retirement  board,  appropriations 


Retraction,  libel  cases,  in,  etc.,  relative  to     .  .  .  . 

Return  day,  weekly,  superior  court,  in,  entry  of  appeals  in  criminal 
cases,  and  suits  on  recognizances  and  bonds  given  in  such 
cases,  for,  providing  for,  etc.  .  .  .  .     _     ■ 

Revenue  Act  of  1942,  act  of  Congress  known  as,  powers  of  appoint- 
ment, releases  and  disclaimers  of,  authorized,  etc.,  to  pre- 
vent application  thereto  of  certain  provisions  of 

Revenue  loans,  municipal  (see  Municipal  finance,  borrowing  of 
money). 

Revere,  city  of  (see  Cities  and  towns). 

Revolving  doors,  so  called,  use  of,  as  means  of  ingress  to  and  egress 
from  certain  buildings,  relative  to  .  .  .  . 

Rhode  Island,  state  of,  minimum  wage  compact,  so  called,  between 
commonwealth  and,  etc.,  abrogated        .  .  .        _  . 

Ride  sharing  plans,  so  called,  liability  of  persons  participating  in 
use  of  motor  vehicles  under,  relative  to  .  .  . 

Rivers  (see  Waters  and  waterways). 

Road  equipment,  use  of  certain,  etc.,  by  commonwealth  and  politi- 
cal subdivisions  thereof,  temporarily  providing  for 

Roads  and  roadways  (see  Ways) . 

Robbery,  while  armed  with  a  dangerous  weapon,  punishment  for, 
regulated    .  .  .  .  .  .  .        _  • 

Rodents,  destruction  of,  etc.,  powers  and  duties  of  commissioner  of 
agriculture  in  connection  with        .  .  . 

Rooney,  John  C,  given  preference  for  re-employment  in  labor  serv- 
ice of  city  of  Cambridge        ...... 

Rutland  state  sanatorium,  appropriations  .... 


Chap. 


Item  or 
Section. 


364 


254 

1-3 

249 

498 

213 

1.  2 

496 

337 

1-3 

68/ 

1305-01  to 

1305-03 

356 

1.2 

370  1 

1305-01  to 
1305-06 

513 

1305-02 

572 

1305-07 

360 

145 

1.2 

244 

3 

152 


546 

3 

265 

1-3 

485 

1.2 

474 

1.2 

250 

1.2 

495 

264 
68 

370  / 

2024-00 
2024-00, 
2024-21 

s. 

Safe  deposit  companies,  initiative  petitions,  affected  by,  provisions 
of  corrupt  practices  law  relative  to  influencing  vote  on, 
by,  amended        ........ 

Safety,  public,  department  of  (see  Public  safety,  department  of). 

Sailors  (see  Military  and  naval  ser-vice  of  the  United  States;  Soldiers, 
sailors  and  marines;  Veterans). 

Salaries,  county  officers  and  employees,  of,  except  in  Suffolk  county, 
temporarily  increased  ....... 

school,  certain,  reimbursement  of  cities  and  towns  for 

state  officers  and  employees,  of,  temporarily  increased 

appropriation  .  .  .  .  .  .  •         _• 

Salem,  and  Beverly  water  supply  board,  employees  of,  made  eli- 
gible to  join  contributory  retirement  system  of  city  of 
Salem  ......... 

city  of  (see  Cities  and  towns). 

state  teachers  college,  appropriations        ..... 


273 


224 

12 

ri70 

\562 

370 


254 

[    68 

370  I 
[672 


1,2 


1-9 
1-7 


1-3 

1313-00 

1313-00  to 

1313-32 

1313-33 


Index. 


1117 


Sale  of  securities  act,  administration  and  enforcement  of,  appro 
priations     ........ 

Sales,  coal,  of,  quality  of,  relative  to     . 
conditional  (see  Conditional  sales). 

fireworks,  of,  restricted  .  .  .  . 

milk,  of,  powers  and  duties  of  milk  control  board  in  case  of 
failure  to  pay  official  minimum  price  for,  defined 


motor  fuel  sales  act 


obscene  phonographic  records,  of,  penalized      .  . 

pawned  articles,  certain,  of,  written  notice  of,  required 
veal,  certain,  of,  laws  relating  to,  amended,  etc. 

Salisbury  Beach  reservation,  appropriations 

Salvage  operations  o£  trustees,  investigation  relative  to     Resolve 

relative  to    . 

Sanatoria,  municipalities,  of,  present  and  former  tubercular  patients 

of,  offering  to,  of  correspondence  courses  free  of  charge, 

by  department  of  education  .... 

wounds  caused  by  BB  guns,  reporting  of,  by    . 

SANATORIA,   STATE: 

in  general,  appropriations       ...... 

Lakeville,  appropriations         ...... 

North  Reading,  appropriations        ..... 

Rutland,  appropriations  ...... 

Westfield,  appropriations        ...... 

Sanitary  engineering,  division  of  (see  Public  health,  department 
of). 

Saugus,  town  of  (see  Cities  and  towns). 

Savings  and  insurance  banks  (see  Savings  bank  life  insurance). 

Savings  and  loan  associations,  federal  (see  Banks  and  banking). 

SAVINGS    BANK    LIFE    INSURANCE: 

General  Insurance  Guaranty  Fund,  additions  to        .  .  . 

savings  and  insurance  banks,  act  relative  to  reserve  liability  of 
life  insurance  companies  and  to  non-forfeiture  benefits  of 
policies,  etc.,  not  to  apply  to,  unless,  etc. 

Savings  Bank  Life  Insurance  Council,  made  eligible  for  member- 
ship in  Savings  Banks  Employees  Retirement  Association 

Savings  bank  life  insurance,  division  of  (see  Banking  and  insur- 
ance, department  of). 

Savings  banks  (see  Banks  and  banking). 

Savings  Banks  Association  of  Massachusetts,  made  eligible  for 
membership  in  Savings  Banks  Employees  Retirement 
Association  ........ 

Savings  Banks  Employees  Retirement  Association,  establish- 
ment of       .  . 

Savings,  institutions  for  (see  Banks  and  banking,  savings  banks). 

School  children  (see  Schools). 

School  committees  (see  Schools,  pubHc). 

SCHOOLS : 

in  general,  assured  minimum,  phrase,  further  defined  under  law 
providing  for  payments  to  cities  and  towns  from  Massa- 
chusetts school  fund,  so  called        ..... 

books,  etc.,  price  limitations  on,  under  Fair  Trade  Law,  so 
called,  exempted  from  ...... 

extended  school  services  for  children  of  employed  mothers, 
providing  for        ........ 


Chap 
68 

370 
241 

291 

445 
68 

370 

513 
239 
154 
508 

68 
370 
513 

13 
389 

403 
41 

68 

370 

'  68 
370 

68 
370 

68 

370 


370 


210 


227 
249 


249 
249 


14 
40 


493 


Item  or 
Section. 

2308-01, 
2308-02 

2308-01, 

2308-02 

1-4 

I'-A 


1601-53, 
1601-54 

1601-63, 
1601-54 
1601-53 


1-6 

4031 
4031 
4031 


1.2 


2022-00  to 
2025-22 
2022-00  to 
2025-22 
2022-00 
2022-00 
2023-00 
2023-00 
2024-00 

2024-00, 
2024-21 

2025-00. 
2025-22 

2025-00, 
2025-22 


1,2 

14 
Subs.  58 


Subs.  68 


1-5 


1118 


Index. 


Chap. 


Item  or 
Section. 


SCHOOLS  —  Continued. 

in  general  —  Concluded. 

records  of  students,  transcripts  of,  required  to  furnish,  in  cer- 
tain cases   ......... 

county  training,  juvenile  offenders  committed  to,  support  of, 

reimbursement  of  counties  for,  by  towns  _        . 
public,  day  schools,  teachers  in,  minimum  salaries  of,  relative  to 
household  and  other  practical  art  classes,  establishment  and 
maintenance  of,  relative  to   .  .  .  .  _    . 

physicians,  school,  examination  of  children's  feet  by,  provid- 
ing for  .  .  . 
pupils  in,  feet  of,  examination  of,  providing  for 
school  committees,  children's  feet,  examination  of,  duties  as  to 
extended  school  services  for  children  of  employed  mothers, 

providing  for,  powers  and  duties  as  to    . 
vocational  education  provided  by,  etc.,  scope  of,  extended  . 

state  aid  and  reimbursement  for,  appropriations    . 

teachers  in,  institutes,  expenses  of  holding,  appropriations 

retirement  of  (see  Retirement  systems  and  pensions), 
salaries  of,  state  reimbursement  for,  relative  to 

vocational  schools,  for,  training  of,  appropriations 

vocational  education  in,  scope  of,  extended  .... 

vocational  schools,  teachers  for,  training  of,  appropriations    . 

special  provisions  relative  to  particular  schools: 

Becker  School  of  Business  Administration  and  Secretarial 
Science,  name  changed  to  Becker  Junior  College  of  Busi- 
ness Administration  and  Secretarial  Science,  and  said  junior 
college  authorized  to  confer  degree  of  Associate  in  Science 

Belchertown  state  school,  appropriations       .... 

Boston  School  of  Pharmacy,  The,  degree  of  Bachelor  of  Science 
in  Pharmacy,  authorized  if,  etc.     ..... 

Bradford  Durfee  Textile  School,  appropriations 

Bristol  county  agricultural  school,  trustees  of,  transportation 
costs  of  certain  pupils,  payment  of,  by,  authorized 

Dean  Academy,  degrees  of  Associate  in  Arts  and  Associate  in 
Science,  granting  by,  authorized    ..... 

Fernald,  Walter  E.,  state  school,  appropriations    . 


industrial  school  for  boys,  appropriations      .... 

industrial  school  for  girls,  appropriations       .... 

Lesley  School,  The,  degree  of  Bachelor  of  Science  in  Educa- 
tion, granting  by,  authorized  ..... 
Lowell  textile  (see  Lowell  textile  institute). 

Lyman  school  for  boys,  appropriations  .... 

Massachusetts  hospital  school,  appropriations 

Massachusetts  maritime  academy,  appropriations 

Massachusetts  school  of  art,  appropriations 

Massachusetts  training  schools   (see   Massachusetts  training 
schools). 


547 


82 

494 

540 

384 

384 

384 

493 

1-6 

640 

68 

1301-52 

370 

1301-62 

68 

1301-07 

370 

1301-07 

12 

68 

1301-31 

370 

1301-31 

513 

1301-31 

540 

68 

1301-31 

370 

1301-31 

513 

1301-31 

555 


f    68 

1723-00 

370 

1723-00 

[613 

Page  667 

571 

f    68 

1331-00 

370 

1331-00 

.672 

1331-00 

42 

550 

/    68 

1370 

68 

1724-00 

1724-00 

1915-00 

370  / 

1915-00, 
1915-22 

513 

1916-00 

■   68 

1916-00 

370 

1916-00 

,513 

1916-00 

553 

■    68 

1917-00 

370  1 

1917-00, 
1917-24 

513 

1917-00 

/    68 

1918-00 

'370 

1918-00 

68/ 

1306-01  to 

1306-10 

•  370  1 

1306-01  to 

1306-10 

513 

1306-01 

/    68 

1321-00 

1370 

1321-00 

Index. 


1119 


Chap. 

SCHOOLS  —  Concluded. 

special  provisions  relative  to  particular  schools  —  Concluded. 

New  Bedford  textile  school,  appropriations  .  .  .  .  <  oy^ 

Wrentham  state  school,  appropriations  .  .  .  ,       .  j  „-q 

Scituate,  town  of  (see  Cities  and  towns). 

Scully,  Charles  M.,  given  preference  for  re-employment  in  labor 

service  of  city  of  Cambridge  .....     264 

Seals,  bounties  on,  appropriations  .  .  .  .  .  .  |  ^XX 

Search  and  seizure,  narcotic  drugs,  certain,  of,  laws  relative  to, 

further  regulated  .......     357 

Searle,     William    L.,    payment    by    commonwealth    of    annuity 

to       .......  .        Resolve       37 

Seats,  theatres,  etc.,  for,  conditional  sales  of,  relative  to  .  .52 

Second  hand  materials  (see  Reprocessed  material). 

Second  War  Loan  Bonds,  so  called,  investment  of  certain  state  f  213 
funds  in,  providing  for  .  .  .  .  .  .  \  509 

SECRETARY,    STATE: 

68 


in  general,  appropriations 


filing,  etc.,  of  certain  instruments  with: 

assembly,  places  of,  certain  rules  and  regulations  relative  to   . 

births,  marriages  and  deaths,  records  relating  to,  certificates 
of  copies  of,  use  in  evidence  ..... 

corporate  names,  use  of,  when  similar  to  name  of  another 
corporation,  etc.,  statement  of  commissioner  of  corpora- 
tions and  taxation  withdrawing  approval  of   . 

corporations,    certain,    contributions,    expenditures,    etc.,    by, 
made  in  order  to  influence  vote  on  certain  questions  sub- 
mitted to  voters,  statement  of  amount  of,  etc. 
proprietors  of  wharves,  real  estate  lying  in  common,  general 
fields,  cemeteries,  etc.,  certificates  of  incorporation  of 

Dedham  Temporary  Home  for  Women  and  Children,  act 
relative  to  corporate  powers  of,  certificate  of  acceptance  of 

Eastern  Massachusetts  Street  Railway  Company,  act  extend- 
ing period  of  public  control  and  management  of,  certificate 
of  acceptance  of  ....... 

fraternal  benefit  societies,  change  of  location  of  place  of  busi- 
ness of,  certificate  of    . 


370 
513 
572 

544 
228 

295 

273 
130 
176 

98 

309 

f456 


lands,   certain,   jurisdiction   over  which  is  ceded   to   United  I  457 
States,  plans  of   .  .  .  .  .  .  .  .  )  458 

1477 
Methodist  Religious  Society  in  Boston,  Trustees  of,  act  rela- 
tive to  number,  qualifications  and  election  of  members  of, 
certificate  of  acceptance  of    .  .  .  .  .  .     205 

military  reservations,   lands  in   counties  of  Bristol,   Dukes, 

Essex  and  Plymouth  to  be  acquired  for,  plan  of       .  .     460 

nominations,  acceptances  of,  etc.  .....     334 

Ohebei   Shalom,    change   of   name   and   additional   property 

holdings  by,  copy  of  ypte  as  to      .  .  .  .  .9 

recounts  of  ballots  at  state  elections,  writings  requesting  dis- 
continuance of     .  .  .  .  .  .  .  .     417 

powers  and  duties,  absent  voting,  residents  of  commonwealth 

in  armed  forces,  by,  relative  to      .  .  .  .  .     390 

ballot  boxes,  furniahing  of,  by      .  .  .  .  .  .     240 

ballots  and  ballot  labels,  providing  of,  by,  at  elections   .  .     281 

ballots,  printing  of,  by,  change  in  law  relative  to  powers  and 

duties  of  state  ballot  law  commission,  as  affecting   .  .       43 

initiative  and  referendum  petitions,  objections  to,  as  to  .       51 

minimum  wage   compact,   certified   copy  of  act  abrogating, 

sending  to  certain  other  states  by  ....     255 

portraits  and  biographical  sketches  of  members  of  general 

court,  etc.,  books  containing,  sale  by,  etc.        .  .  .     313 


Item  or 
Section. 


1333-00 
1333-00 
1725-00 
1725-00 


1004-91 
1004-91 


1.2 
1.2 

0501-01  to 

0506-01 

0501-01  to 

0506-01 

0501-02  to 

0504-03; 

Page  665 

0503-03, 

Page  798 

2,  Subs.  3B 
1.2 


2 
1 
2 

14 

1 
4 
3 
5 
3 


3 
1.9 


4,  8,  10,  12 
1,2 


1120 


Index. 


SECRETARY,  STATE  —  Concluded. 
powers  and  duties  —  Concluded. 

recounts,  state  wide,  on  questions  submitted  to  voters,  form 

of  petition  for,  approval  by  ..... 

supreme  judicial   court,   decisions,   etc.,  of,   publication  and 

sale  of  reprints  of  volumes  of,  as  to         . 

veterans  and  their  organizations,  laws  relating  to,  compilation, 

printing  and  distribution  by  .  .  .        Resolve 

voters'   authority  certificates,   so   called,   for  use  at  polling 

places  where  voting  machines  are  used,  form  of,  approval  by 

voters  using  voting  machines,  information  to,  furnishing  by    . 

voting  lists,  state  wide  verification  of,  as  to 

Securities,   railroad  bonds,  acquisition,  etc.,  of,  by  certain  other 

railroad  corporations,  authorized  ..... 

sale,  etc.,  of,  law  regulating,  administration  and  enforcement  of, 
appropriations     .  .  .  .  .  .  .  . 

street  railway  companies,  preferred  and  common  stock  of,  ratio 
between,  relative  to     ......  . 

See   also    Bonds;     Corporations;     County   finance;     Municipal 
finance;   State  finance. 
Seizures  (see  Search  and  seizure). 
SELECTMEN: 

blind  persons,  registration  of,  duties  as  to,  further  regulated 
borrowing  of  money  by  towns,  public  welfare,  soldiers'  benefits, 
federal  emergency  unemployment  relief  projects  and  dis- 
tribution of  surplus  commodities,  on  account  of,  approval  by 
tax  titles,  based  upon,  approval  by      . 
buildings,  construction,  alteration,  use,  occupation,  etc.,  of  cer- 
tain, powers  and  duties  as  to,  in  certain  cases 
collectors  of  taxes,  suspension  of  authority  of,  notice  of,  to 
county  tuberculosis  hospital  districts,  report  of  budget  estimates 
of,  furnishing  of,  to,  etc.        .  .  .  .  . 

horses  and  mules,  slaughtering  of,  licensing  of,  powers  and  duties 

as  to 
military  or  naval  service  of  elected  town  officers,  filling  of  va- 
cancies in  cases  of,  powers  and  duties  as  to     . 
personal  property,  certain,  owned  by  towns,  sale,  exchange  or  loan 
to  United  States  during  existing  emergency  by,  authorized 
polling  places,  new,  descriptions  of,  posting  or  mailing  by   . 
road  and  snow  removal  equipment,  certain,  leasing  of,  to  com- 
monwealth and  political  subdivisions  thereof,  approval 
by,  etc.       ......... 

school  services,  extended,  for   children  of  employed   mothers, 

providing  for,  in  towns,  approval  by,  etc. 
state  institutions,  certain,  transfer  of  patients  or  inmates  of,  to 
town  institutions,  acceptance  by,  etc.   .... 

state  tax,  apportionment  and  assessment  of,  duties  as  to   . 
town  officers  and  employees  in  military  or  naval  forces,   act 

authorizing  certain  payments  to,  acceptance  by     . 
United  States  defense  savings  bonds,  war  bonds,  etc.,  reinvest- 

rnent  of  funds  in,  by  towns,  approval  by         . 
voting  lists,  state  wide  verification  of,  certain  certificates  relat- 
ing to,  filing  with  .  .  . 
ways  other  than  state  highways,  laying  out  and  altering  of,  by 
department  of  public  works,  powers  and  duties  as  to 
Self-insurance  (see  Workmen's  compensation). 
Senate  (see  General  court). 

Senator,  congress,  in,  vacancies  in  office  of,  filling  of,  relative  to 
Seniority  rights,  civil  service  laws,  under  (see  Civil  service  laws). 
Sentences  (see  Criminal  procedure  and  practice). 
Sergeant-at-arms  (see  General  court). 

Serological  tests,  applicants  for  marriage  intention  certificates,  of, 
for  syphilis,  relative  to  .  .  .  . 

Servants,  domestic,  workmen's  compensation  law  to  be  elective  as  to 

Settlement,  persons  residing  in  certain  charitable  institutions  not  to 

lose  or  gain  ........ 

Sewall,  Arthur  B.,  estate  of,  payment  by  commonwealth  of  sum  of 
money  to,  as  reimbursement  for  obhgations  incurred  in 
payment  of  certain  notes  signed  by  certain  unit  of  Massa- 
chusetts National  guard        ....        Resolve 

appropriation    ......... 


Chap. 

417 

426 

26 

310 
290 
537 

33 

68 

370 
342 


Item  or 
Section. 


2308-01, 
2308-02 

2308-01, 
2308-02 


89 


44 
413 

1 

1 

544 

284 

2 

414 

2 

332 

1-4.9 

548 

4 

214 
209 

2 

474 

1.2 

493 

1-3 

422         1,  2 
568  2,3,6,7.10,11 


499 

5 

537 

416 

49 


561 
529 


379 


29 


1,  2 
3 


r7o  /    2820-08, 
''^^  1    Page  798 


Index.  1121 

Item  or 
Chap.  Section. 

Sewer  districts  (see  Districts). 

metropolitan  (see  Metropolitan  districts,  sewer  districts). 

SEWEBS   AND   DRAINS: 

Danvers,  town  of,  rate  of  interest  on  certain  assessments  for, 

reduced      .........     119 

Milford,  town  of,  liens  for  assessments  for,  relative  to  .150 

Sex  crimes,  so  called,  admission  to  bail  of  persons  charged  with, 

relative  to  ........     330 

Shares  of  stock  (see  Corporations;   Securities). 

Sharon,  town  of  (see  Cities  and  towns). 

Sheahan,  Thomas  E.,  given  preference  for  re-employment  in  labor 

service  of  city  of  Cambridge  .  .  .  .264 

Shellfish  (see  Fish  and  fisheries). 

Sheriffs  (see  Dukes  county;  Nantucket  county). 

deputy,  acting  as  court  officers,  salaries  of,  temporarily  increased     224  2 

Shipping  companies,  alcoholic  beverages,  sales  of,  by,  made  sub- 
ject to  excise        ........       36 

Ships  and  vessels,  breaking  and  entering,  in  the  night  time,  penalty 

for,  amended 343  1,  2 

corporations  interested  in,  excise  on,  relative  to  .  .  .     395 

"  Shop  courses  ",  so  called,  Boston  schools,  certain,  in,  storage  of 
automotive  equipment  and  volatile  and  inflammable  fluids 
in  connection  with,  authorized       .....     361  1,  2 

Sickness,  employees  absent  from  work  on  account  of,  payment  of 
benefits  under  employment  security  law  in  cases  of,  in- 
vestigation relative  to  ....        Resolve       64 

Sight-saving  classes,  children,  for,  appropriation  .  .  370  1304-27 

Signs,  warning,  at  grade  crossings  of  railroads,  etc.,  investigation 

relative  to  ......        Resolve       66 

Silvershell  beach,  so  called,  town  of  Marion  authorized  to  use,  etc.     212 

Sinking  funds  (see  State  finance). 

Sisters,  unmarried  or  widowed,  dependent  on  certain  public  employ- 
ees killed  or  dying  in  performance  of  duty,  payment  of 
annuities  to,  etc.  .......     366 

Six  o'clock  law,  so  called,  relating  to  employment  of  women  in  tex- 
tile industry,  suspension  until  April  1,  1945     .  .     306 

Skating  rinks,  inclusion  of  certain,  within  meaning  of  term  "place 

of  assembly"  under  certain  building  laws  .  .     546  1 

Slander,  actions  for,  and  libel,  proof  of  malice  in,  relative  to  365  1,  2 

damages  in,  and  retraction  and  damages  in  libel  cases,  relative 

to 360 

Slash  or  brush,  disposal  of,  following  wood  or  lumber  operations, 

relative  to 103  1,  2 

Slaughter  houses,  maintenance  and  operation  of,  further  regulated, 
and  certain  changes  made  in  laws  relating  to  slaughtering 
of  calves  and  sale  of  veal  thereof  for  food         .  .     608  1-6 

Slaughtering,  animals,  horses  and  mules,  of,  subjected  to  law  regu- 
lating, etc. 332  1-10 

Sleeping  car  companies,  employees  of  certain,  workmen's  compen- 
sation law  not  to  apply  to     .  .  .  .     629  3 

Sluice  pond,  so  called,  city  of  Lynn  authorized  to  sell  a  certain  part 

of,  to  Edith  M.  Harnois 67  1,2 

Small  business,  so  called,  investigation  relative  to,  etc.,  expenses  \  ^^2  I  0245, 

of,  appropriation  .  .  .  .  .  .  .  J  \        Page  798 

f    68  1907-08 

1  ^70  1907—08 

SmallpoZy  expenses  in  connection  with,  appropriations  .  .  •  s  r         iGn7_nQ 


1 572  I        1907-08, 


Page  795 
Smoke  inspection,  division  of  (see  Public  utilities,  department  of). 

Smoke  Inspection  Fund,  appropriations  from  .         .  |  gl^Q        4311'  4312 

Smoking,  stores  and  certain  other  buildings,  in,  prohibition  of,  etc., 

investigation  relative  to         ...  .       Resolve       67 

appropriation 572  {        p^gS 

Snow  and  ice,  removal  of,  from  private  ways  open  to  public  use, 
cities  and  towns  authorized  to  appropriate  money  there- 
for, if  voters  thereof  so  vote  .....     225 
Snow  removal  equipment,  certain,  etc.,  use  of,  by  commonwealth 
and  political  subdivisions  thereof,  temporarily  providing 

for     .  •    .      •  ■    .      •  .474  1,  2 

Socials,  rooms,  etc.,  used  for,  inclusion  of  certain,  within  meaning  of 

term  "  place  of  assembly "  under  certain  building  laws     .     646  1 


1122 


Index. 


Social  workers,  classification  of,  survey  relative  to  Resolve 

Soldiers'  and  Sailors'  Civil  Relief  Act  of  1940,  act  of  Congress 
known  as,  mortgages  of  real  or  personal  property,  ju- 
dicial determination  of  rights  to  exercise  powers  of  seizure 
or  foreclosure  under,  in  which  soldiers  or  sailors  may  be 
interested,  in  connection  with  provisions  of     . 

Soldiers'  bonus,  so  called,  appropriations  . 

Soldiers'  Home  in  Massachusetts,  appropriations 

certain  persons  made  eligible  for  admission  to  and  treatment  at  . 
Soldiers'  relief  (see  Public  welfare  and  soldiers'  benefits;  State  aid, 

military  aid  and  soldiers'  relief). 
SOLDIERS,    SAILORS   AND   MARINES: 

aid,  state  and  military,  etc.,  for,  and  their  dependents,  further 
provisions  for      .  .  . 

reimbursement  of  cities  and  towns,  appropriations 

annuities  and  pensions  of  certain  soldiers,  appropriations  . 

bonus  (see  Soldiers'  bonus,  so  called). 

educational  opportunities,  higher,  for  children  of  certain,  appro- 
priations    ......... 

monuments  or  memorials  commemorating  services  and  sacri- 
fices of,  in  present  war,  municipal  appropriations  for,  etc. 

records  relating  to,  copies  of,  furnishing  without  charge  in  cer- 
tain cases   ......... 

rehabilitation  of  disabled,  vocational  education  classes  for  . 

Soldiers'  Home  in  Massachusetts,  admission  to,  and  treatment 
thereat  of  certain,  relative  to         ....  . 

state  pay  to,  appropriations   .  . 

testimonials  to  certain,  of  world  war,  appropriation  . 
See  also  Civil  war  veterans;    Military  and  Naval  Service  of  the 
United  States ;  Militia;  Spanish- American  war;  State  aid, 
military  aid  and  soldiers'  relief;  Veterans;  World  war. 

Somerville,  city  of  (see  Cities  and  towns). 

Southbridge,  town  of  (see  Cities  and  towns). 

South  metropolitan  sewerage  district  (see  Metropolitan  dis- 
tricts). 

Spanish- American  war,  payments,  certain,  to  soldiers  and  sailors, 
etc.,  in  volunteer  service  of  United  States  during,  appro- 
priations    ......... 

See  also  Veterans. 

Special  commissions  (see  Commissions,  state). 

Special  justices  (see  District  courts). 

Springfield,  city  of  (see  Cities  and  towns). 

Sprinklers,  automatic,  places  of  public  resort,  equipment  of,  with, 
etc.,  investigation  relative  to  .  .  .        Resolve 


Chap. 
41 


Item  or 
Section. 


57 

1-4 

68 

0603-01 

370 

0603-01 

68 

0430-00 

370 

0430-00 

443 

211 

370  I 

68 
370 

572  I 

■    68 
370 

99 

484 
540 

443 

68 

370 

370 


appropriation 


Standard  form  of  representative  town  meeting  government, 

election  of  town  meeting  members  under  provisions  of,  use 
of  words  "candidate  for  re-election"  against  names  of 
certain  candidates  on  ballots  at,  etc.       .... 

Standards  and  appeals,  board  of,  department  of  public  safety,  in, 
establishment,  powers,  duties,  etc.  .  .  .  . 

See  also  Public  safety,  department  of. 

Standards  and  necessaries  of  life,  director  of  (see  Labor  and  in- 
dustries, department  of). 

Standards,  division  of  (see  Labor  and  industries,  department  of). 

Standish  monument  reservation,  maintenance  of,  etc.,  appro- 
priations    ......... 

STATE  AID  AND  PENSIONS,   COMMISSIONERIOF: 


appropriations 


68 
370 


67 
572  I 

1 
453 

544 


370 
513 

68 
370 
513 


1.2 

0441-01, 
0441-11 
2805-01 
2805-01 
2805-01, 
Page  799 

1301-09 
1301-09 


0603-01 
0603-01 
0411-01 


0603-01 
0603-01 


0251, 
Page  800 


1,2 
4 


1,2,  7,  8 


4021 
4021 
4021 

0440-01  to 
0440-03 

0440-01  to 
0440-03 
0440-02, 
0440-03 


Index. 


1123 


STATE   AID  AND  PENSIONS,    COMMISSIONER    OF  —  Con- 
cluded. 
name  changed  to  commissioner  of  veterans  aid  and  pensions  and 
certain  changes  made  in  laws  relating  to  granting  of  aid 
and  relief  by  said  commissioner     ..... 
STATE   AID,   MILITARY   AID   AND    SOLDIERS'   RELIEF: 
cities  and  towns,  by,  borrowing  of  money  on  account  of    . 

state  reimbursement,  appropriations     ..... 

laws  relating  to,  act  making  certain  changes  in  .  .  . 

persons  in  military  or  naval  service  of  United  States,  or  honor- 
ably discharged  therefrom,  and  their  dependents,  for, 
further  provisions  for  ....... 

State  armories  (see  Armories). 

State  auditor  (see  Auditor,  state). 

State  boards  (see  names  of  specific  boards). 

State  boxing  commission  (see  Public  safety,  department  of). 

State  budget  (see  Budget,  state). 

State  college,  Massachusetts  (see  Massachusetts  state  college). 

State  commissions  and  commissioners  (see  Commissioners, 
state;  Commissions,  state). 

State  committees  (see  Elections). 

State  constabulary,  so  called  (see  Public  safety,  department  of: 
divisions  of:  state  police). 

State  constitution  (see  Constitution,  commonwealth,  of). 

State  debt  (see  State  finance). 

State  departments  and  divisions  thereof  (see  Departments,  state ; 
Divisions,  state  departments,  of). 

State  elections  (see  Elections). 

State  employees  (see  Commonwealth,  officers  and  employees  of). 

State  farm,  appropriations  .  .  .  .  .         . 

employees,  certain,  of,  placed  under  civil  service 
Murphy,  Howard,  killed  while  in  performance  of  duties  as  guard 
at,  payment  by  commonwealth  of  sum  of  money  to  heirs 
of       .......  .        Resolve 

appropriations         ........ 

prisoners  released  from,  loans  to,  providing  for 
STATE   FINANCE: 

allotment  by  governor  of  certain  sums  available  for  expenditure 
bj'  state  agencies  ....... 


appropriation  acts 


bonds,  notes,  etc.,  issuance  of,  Commonwealth  Airport-Boston, 
so  called,  improvement,  development,  etc.,  of,  for   . 
metropolitan   district  water  supply  system,   furnishing  of 
water  from,  to  certain  additional  cities  and  towns,  for 

serial  bonds,  certain,  appropriations  .       '  . 


sinking  fund,  state,  refinancing  of  certain  investments  in,  for 

tax  title  loans  to  cities  and  towns,  for        .... 

budget,  annual,  restoration  of,  proposed  amendment  to  constitu- 
tion providing  for         .  .  . 
biennial  (see,  supra,  appropriation  acts). 

debt,  state,  payment  of  interest  on,  appropriations   . 


requirements  for  extinguishing,  appropriations 
emergency  finance  board  (see  Emergency  finance  board). 


Chap. 


455 

44 
370  { 
455 


211 


■  68 
370 
376 


52 


572 


433 


541 
68 
171 
370 
513 
572 

'528 
567 

■543 
567 

68 

370 

'538 
567 

'413 
570 


68 
370 
572 

68 
370 


Item  or 
Section. 


1-15 

1-4 

0441-01, 

0441-11 

1-15 


1.2 


1802-00 
1802-00 


2820-08, 

Page  798; 

2820-09, 

Page  799 


1-8 

1,2 

1-12 

1-4 

1-4 

4 

1 

lA 

3 

2420-00, 

2952-00 

2420-00, 

2952-00 

2 

2 

1.2 


Page  845 

2410-00, 

2951-00 
2410-00, 

2951-00 
2410-00, 
Page  801 
2420-00, 

2952-00 
2420-00, 

2952-00 


1124 


Index. 


STATE    Fin ASCfi  — Concluded. 

funds  on  books  of  certain  state  officers  or  boards,  transfers  of, 
relative  to  ........ 

highway  fund,  payment  of  federal  highway  grants  into,  and 
further  regulating  purposes  for  which  said  fund  shall  be 
used  .......... 

portion  of,  payment  by  commonwealth  to  its  municipalities 
to  be  expended  by  them  for  local  highway  purposes 

metropolitan  district  water  supply  system,  expenses  of,  appor- 
tionment, etc.      ........ 

public  ways  in  small  towns,  state  aid  for  repair  and  improvement 
of,  furnishing  of,  in  years  1944  and  1946,  relative  to  . 

public  welfare  and  soldiers'  benefits,  surplus  interest  accruing 
under  provisions  of  law  authorizing  municipalities  to  bor- 
row from  commonwealth  on  account  of,  transfer  to  general 
fund  authorized  ........ 

retirement  system  of  commonwealth,  contributions  to,  on  ac- 
count of  officers  and  employees  in  military  service,  special 
funds  provided  for        ....... 

sinking  fund,  present,  refinancing  of  certain  investments  in 


Chap. 


345 


427 


442 


347 


requirements  of,  appropriations   . 


state  tax,  apportioned  and  assessed  .  .  .  .  . 

basis  of  apportionment,  established       .  .  .  .  . 

sums,  certain,  available  for  expenditure  by  state  agencies,  allot- 
ment by  governor         ....... 

teachers'  annuity  fund,  contributions  of  commonwealth  to,  etc.  . 

United  States  war  bonds,  investment  of  certain  state  funds  in, 
providing  for        ........ 

State  fire  marshal  (see  Public  safety,  department  of). 

State  fire  warden  (see  Conservation,  department  of). 

State  forester  (see  Conservation,  department  of). 

State  forestry  committee,  establishment,  powers,  duties,  etc. 

State  forests  (see  Forests  and  forestry). 

State  guard,  so  called,  uniforms  and  equipment,  appropriation 

See  also  Militia,  state  guard. 
State  highways  (see  Ways). 
STATE   HOSPITALS   FOR  INSANE,   ETC: 

Boston,  appropriations 


psychopathic,  appropriations 

Danvers,  appropriations 
Foxborough,  appropriations   . 
Gardner,  appropriations 

Grafton,  appropriations 

Medfield,  appropriations 

Metropolitan,  appropriations 

Monson,  appropriations 
Northampton,  appropriations 
Taunton,  appropriations 
Westborough,  appropriations 


419 

/538 
\567 

68 
370 
572 

"568 
294 

541 

498 

/213 

\509 


539 
370 


/    68 

\370 

^    68 

370 

513 

68 

370 

68 

370 

■    68 

370 

8 

370  I 

68 

370  I 

68 
370 
572 

68/ 

370 

68 
370 

68 

370 

513 

'    68 

370 


Item  or 
Section. 


1.2 


569 

1-3 

/543 
1567 

1-3 

3 

1-4 

2 

2420-00, 

2952-00 

2420-00, 

2952-00 

2420-00, 

Page  801 

1-12 


1.2 


0404-31 


1711-00 
1711-00 
1710-00 
1710-00 
1710-00 
1712-00 
1712-00 
1713-00 
1713-26 
1714-00 
1714-00 
1716-00 

1716-00  to 
1716-27 
1716-00 

1716-00  to 

1716-28 

1717-00 

1717-00 

Page  793 

1722-00  to 
1722-26 
1722-00 
1718-00 
1718-00 
1719-00 
1719-00 
1719-00 
1720-00 
1720-00 


Index. 


1125 


STATE  HOSPITALS  FOR  INSANE,  ETC.  — Concluded. 

Worcester,  appropriations       ..... 

See  also  Tewksbury  state  hospital  and  infirmary. 
STATE   HOUSE: 


Chap. 

r  68 

|370[ 


capitol  police,  appropriations 

Cass,  Colonel  Thomas,  and  officers  and  men  of  Ninth  Regiment 
of  Infantry,  Massachusetts  Volunteers,  etc.,  temporary 
memorials  to,  in,  authorized         .  .  .        Resolve 

engineer's  department,  appropriations 


janitors,  appropriations 

mailing  room,  central,  appropriations 

maintenance  of,  etc.,  appropriations 


f    68 
1370 


30 

68 
370 
513 

68 
370 
513 

68 
370 
613 


370 
513 


Massachusetts  State  Guard,  temporary  memorials  to  certain 

members  of,  in,  authorized   ....        Resolve       30 

[68 
old  provincial,  appropriations  .  .  .  .  .  .  \  370 

[513 
quarters  within  and  without,  for  use  of  state  agencies,  authority 
of  commission  on  administration  and  finance  relative  to 
furnishing,  defined        .......     440 


telephone  service,  appropriations    ...... 

women  formerly  employed  in  cleaning,  and  now  retired,  compen- 
sation, appropriations  ...... 

See  also  Superintendent  of  buildings,  state. 
State  institutions,  employees  of,  maintenance  furnished  to,  in  con- 
nection with  determination  of  salary,  etc.,  investigation 
relative  to  ......        Resolve 

appropriation  ........ 

increased  food  production  at,  appropriations  for  expenses,  etc., 
in  connection  with        .  .  .  .  .  .  . 

patients  or  inmates  of  certain,  transfer  to  and  from,  and  main- 
tenance in,  municipal  and  county  institutions,  temporarily 
providing  for       ........ 

transfers  of  funds  on  books  of,  relative  to  ...  . 

State  judg^e  advocate,  appropriations  ..... 

State  library,  appropriations       ....... 

State  military  reservation,  Barnstable  county,  in,  expenses,  etc., 
appropriations     ........ 

State  officers  and  employees  (see  Commonwealth,  oSicers  and 
employees  of). 

State  ornithologist  (see  Ornithologist,  state). 

State  pier  in  New  Bedford  (see  New  Bedford  state  pier). 

State  planning  board  (see  Planning  board,  state). 

State  police,  division  of  (see  Public  safety,  department  of). 

retired,  compensation,  appropriations       ..... 

See  also  Police  officers. 
State  primaries  (see  Elections,  primaries). 


370 
513 


370 


73 
572 


171 


422 

345 

68 

370 

68 

370 

68 
370 


370 
513 

572 


Item  or 
Section. 


1721-00 

1721-00  to 

1721-29 


0416-03 
0416-03 


0416-02 
0416-02 
0416-02 
0416-04 
0416-04 
0416-04 
0415-12 
0415-12 
0415-12 

0416-01  to 
0416-26 

0416-01  to 
0416-14 

0416-01  to 
0416-13 


0444-01 
0444-01 
0444-01 


1.  2 
0416-10 
0415-10 
0415-10 
2811-05 
2811-05 


0250, 
Page  801 

1,2 


1.2 

0408-01 
0408-01 

0423-01  to 
0423-04 

0423-01  to 
0423-04 
0403-17 
0403-17 


2811-04 
2811-04 
2811-04 
2811-04, 
Page  800 


1126 


Index. 


state  prison,  appropriations        ..... 

prisoners  in,  loans  to,  upon  their  release,  providing  for 
parole  of,  during  existing  war  emergency,  providing  for 
removal  of  certain,  to  Massachusetts  reformatory 
sentences,  certain,  to,  appellate  division  in  superior  court  for  re- 
view of,  establishment,  etc.  . 
warden  of,  notice  to,  of  dismissal  of  appeals  by  appellate  division 
of  superior  court  in  reviewing  certain  sentences  to  state 
prison  ......... 

State  prison  colony,  appropriations    ...... 

hospital  at,  prisoners  held  for  capital  crimes,  temporary  placing 
of,  in  ......... 

Norfolk,  town  of,  purchase  of  water  by,  from,  authorized   . 

prisoners,  released  from,  loans  to,  providing  for 

transferred  from  state  prison  to,  parole  of,  during  existing  war 
emergency,  providing  for      ...... 


Chap. 

/    68 

1370 

433 

222 

113 

558 


Item  or 
Section. 

1803-00,4611 
1803-00,4611 

1.  2 


State  quartermaster,  appropriations  ..... 

State  racing  commission  (see  Racing  commission,  state). 
State  reclamation  board,  appropriations    .... 
State  reservations  (see  Reservations,  park) . 

State  retirement  board,  appropriations       ..... 

See  also  Retirement  systems  and  pensions. 
State  sanatoria  (see  Sanatoria,  state). 
State  secretary  (see  Secretary,  state). 

State  superintendent  of  buildings  (see  Superintendent  of  build- 
ings, state). 

State  surgeon,  appropriations  .        ' . 


State  tax,  apportioned  and  assessed 
basis  of  appiortionment,  established 


558 
f  68 
\  370 
1.513 

120 
134 
433 

222 
68 

370 
.572 

/    68 
1370 

68 
370 
513 


1,2 


1807-00,4711 

1807-00,4711 

4711 


State  teachers  colleges,  appropriations 


students  in,  state  aid  to,  appropriations  ..... 

State  teachers'  retirement  association  (see  Retirement  systems 

and  pensions). 
State  treasurer  (see  Treasurer,  State). 

Stationery,  general  court,  appropriations      ..... 

Statistical  service,  department  of  labor  and  industries,  appropria- 
tions ......... 

STATUTES: 

corrective  changes,  certain,  in,  banking,  in  respect  to 

election  laws,  in  respect  to  ...... 

necessitated  by  change  in  title  of  federal  housing  administra- 
tor    ......... 

special,  indexing  of,  appropriations  .... 


68 

370 

513 

568 
294 

68 
370 

513 

572 

68 

370 


68 

370 

68 
370 

/llO 
1  215 
[334 
\  411 
[453 

339 
/  68 
\370 


1,  2 


1,  2 

0405-01  to 

0406-06 

0405-01  to 

0406-07 

0405-02 

0910-01,3901 
0910-01,3901 

0604-01  to 
0604-03 

0604-01  to 
0604-03 
0604-01, 
0604-03 


0407-01  to 
0407-03 

0407-01  to 

0407-03 

0407-03 

1-12 

1307-00  to 
1321-00 

1307-00  to 
1321-00 
1308-21, 
1314-32 
1313-33 
1301-08 
1301-08 


0102-05, 
0102-08 

0102-05, 
0102-08 
1601-41 
1601-41 

1-8 
7,10 
1-17 
1-26 
1-32 


0102-16 
0102-16 


Index. 


1127 


Chap. 


STATUTES  —  Concluded. 

uniform  (see  Uniform  state  laws,  commissioners  on). 
See  also  Acts  and  resolves;  General  Laws;  Laws. 
Stickers  or  pasters  (see  Elections). 
Stock,  corporate,  shares  of  (see  Securities). 

Stolen  property,  crime  of  buying,  receiving  or  aiding  in  conceal- 
ment of,  venue  of,  relative  to         ....  . 

Stomber,  James  T.,  acts  as  notary  public  validated      ,       Resolve 
Stougfhton,  town  of  (see  Cities  and  towns). 
Streams  (see  Waters  and  waterways,  rivers  and  streams). 
Street  railways,  forest  cutting  practices,  law  providing  for  estab- 
lishment of,  exempted  from  ..... 

initiative  petitions,  affected  by,  provisions  of  corrupt  practices 

law  relative  to  influencing  vote  on,  by,  amended 
preferred  and  common  stock  of,  ratio  between,  relative  to  . 
taxation  of  (see  Taxation,  corporations,  of,  corporate  franchises) . 
trackless  trolley  vehicles,  so  called,  of,  improper  operation  of, 
penalized    .  .  .... 

unlawful  injury  to  or  interference  with,  etc.,  prohibited  . 
See  also  Boston  Elevated  Railway  Company;  Carriers,  common; 
Eastern  Massachusetts  Street  Railway  Company. 
Stfeets  (see  Ways). 

Students,  transcripts  of  records  of,  educational  institutions  required 
to  furnish,  in  certain  cases    ...... 

Sturbridge,  town  of  (see  Cities  and  towns). 

Succession  taxes  (see  Taxation,  legacies  and  successions,  of). 

Sudbury,  town  of  (see  Cities  and  towns). 

SUFFOLK   COUNTY: 

court  house,  maintenance  cost,  reimbursement  of  city  of  Boston 

for  certain  portion  of,  by  commonwealth,  appropriations 

oflBcials  and  employees,   certain,  of,  emergency  compensation 

allotment  plan,  so  called,  participation  in  benefits  of,  by, 

etc.    .  .  .  .  .  .  .  .  .  . 

retirement  system  of   (see  Retirement  systems  and  pensions, 

retirement  systems,  Boston,  city  of,  of), 
superior  court  for,  clerk  for  criminal  business,  duties  of,  as  to 
appellate  division  for  review  of  certain  sentences  to  state 
prison  ......... 

educational    institutions,    furnishing    by,    of    transcripts    of 

records  of  students,  law  requiring,  eniforcement  by  . 
industrial  accidents,  department  of,  hearings  before,  relative 
to  refusals  to  grant  licenses  to  self-insurers,  so  called, 
petitions  for  review  of,  filing  in      . 
Suits,  civil  (see  Actions,  civil). 

Sullivan,  Nellie,  estate  of,  balance  of,  which  has  escheated  to  com- 
monwealth, payment  from  state  treasury  of   .       Resolve 


311 

68 


539 

273 

342 


141 
322 


647 


/370 
\513 


516 

658 
547 


Item  or 
Section. 


1,2 

Subs.  44 
1,2 

1.2 


0318-01 
Page  665 


1-3 


1.2 


529     7,  Subs.  25A 


appropriation 


32 
572 


Sumner  Tunnel,  operation  and  maintenance  of,  expenses  incurred 
by  city  of  Boston  for,  reimbursement  in  part  of  said  city 
by  commonwealth  for  ....       Resolve       25 

appropriation    .........    572 

Sunday  (see  Lord's  day). 

SUPERINTENDENT   OP   BUILDINGS,    STATE: 


appropriations 


Superior  court  (see  Supreme  judicial  and  superior  coxnrts). 

Supplementary  appropriation  acts 

Supplementary  process,  orders  for  payment  by  Judgment  debtors 
under,  relative  to  ......  . 

Support,  poor  persons,  of  (see  Poor  and  indigent  persons). 
SUPREME   JUDICIAL   AND    SUPERIOR   COURTS: 
provisions  common  to  both : 

appeals  to,  from  decision  of  board  of  standards  and  appeals 
in  department  of  public  safety       ..... 

clerks  of  (see  Clerks  of  courts) . 

corporate  names,  use  of,  when  similar  to  name  of  another 
corporation,  may  be  enjoined  by  .         .         .         .         . 


68 
370 
513 

/513 

1572 

292 


544 
206 


2820-06, 
Page  799 


2960-02, 
Page  797 

0416-01  to 
0416-26 

0416-01  to 
0416-14 

0416-01  to 
0416-13 

1-4 
1-4 


1.2 


1128 


Index. 


Chap. 
SUPREME  JUDICIAL  AND  SUPERIOR  COURTS  —  Continued. 
^  proTisions  common  to  both  —  Concluded. 

equity,  jurisdiction  in  (see  Equity  jurisdiction). 

justices  of,  retired,  pensions  for,  appropriations      .  .         .  <  oSq 

supreme  judicial  court,  appeals  to,  employment  security  law, 

under  .  .  .  .  .  .  .  .  .     534 


appropriations  ......... 

Beacon  Universalist  Parish,  united  with  First  Universalist 
Society  in  Waltham,  certain  matters  relating  to,  deter- 
mination by         .......  . 

certiorari  and  mandamus,  practice  in  respect  to  petitions  for, 
in,  amended        ........ 

clerk,  commonwealth,  for,  salary,  etc.,  appropriations    . 

Suffolk  county,  for,  commonwealth's  part  of  salary,  appro- 
priations .  . 
liquidations  division,  director  of,  transfer  by,  of  funds 
and  property  of  closed  banking  institutions  to  com- 
missioner of  banks,  certificate  relative  to,  filing  with     . 
corporations,  certain,  dissolved  by,  furnishing  of  list  of,  to 
county  law  Ubraries,  providing  for  .... 

court  ofBcers  and  messengers,  salaries,  appropriations     . 

Eastern  Massachusetts  Street  Railway  Company,  decisions  by 
department  of  public  utilities  in  connection  with  certain 
contracts  of,  appeals  from,  to         ....  . 

equity  jurisdiction  (see  Equity  jurisdiction). 

justices  of,  clerk  of  courts,  second  assistant,  Bristol  county, 
appointment  by  ....... 

metropolitan  water  system,  water  supply  from,  to  certain 
cities  and  towns,  assessment  commissioners  to  act  in  con- 
nection with,  appointment  by,  etc.  .... 

reporter  of  decisions  of,  appropriations  .... 

publication  and  sale  of  reprints  of  volumes  of  "  Massachu- 
setts Reports",  duties  as  to  ...... 

reports  of  decisions  of,  printing  of,  appropriations 

publication  and  sale  of  reprints  of  volumes  of     . 
state  tax,  payment  of,  enforcement  by,  etc.  .... 
superior  court,  actions  and  proceedings,  certain,  pending  in, 
and  in  district  courts,  trial  together  of,  relative  to  .  . 

appeals  to,  collegiate  authority,  board  of,  action  of,  from 
district  courts,  from,  of  tort  actions  arising  out  of  operation 
of  motor  vehicles,  bond  or  deposit  not  required  of  defend- 
ant where  payment  of  judgment  is  secured  by  motor  ve- 
hicle liability  bond  or  policy  ..... 
appellate  division  in,  for  review  of  certain  sentences  to  state 
prison,  establishment,  etc.     ...... 


appropriations  . 


certiorari  and  mandamus,  practice  in  respect  to  petitions  for, 
in,  amended         ........ 

chief  justice,  appellate  division  for  review  of  certain  sentences 
to  state  prison,  powers  and  duties  as  to 

clerk  of  court,  third  assistant,  Bristol  county,  appointment  of, 
approval  by  a  justice  of         .  .  .  . 

collectors  of  taxes,  removal  of,  petition  for,  hearing  by,  etc.    . 

district  court  judges  sitting  in,  trial  of  certain  criminal  cases 
by,  appropriations    ....... 

law  providing  for,  duration  extended      .... 


370 


146 
374 


370 

68 
370 


122 

383 

68 

370 

98 

336 

543 
68 

370 

426 

/    68 

1370 

426 

568 

369 
549 

296 
437 

558 
68 

370 

513 
.572 

374 
558 

336 

284 

68 

370 
140 


Item  or 
Section. 


0309-01 
0309-01 

6 
0301-01  to 

0301-12 
0301-01  to 

0301-12 


1-4 
0301-03, 
0301-04 
0301-03, 
0301-04 
0301-08 
0301-08 


0301-07 
0301-07 


0301-11, 
0301-12 

0301-11, 
0301-12 


0503-02 
0503-02 

4,  8,  12 


1,2 
3 

4,6 


1,2 

0302-01  to 
0302-04 

0302-01  to 
0302-04 
0302-02 
0302-02 


1,2 
2 

0302-11  to 
0302-13 

0302-11  to 
0302-13 


Index. 


1129 


Chap. 
COURTS  —  Concluded. 


SUPREME   JUDICIAL   AND    SUPERIOR 
superior  court  —  Concluded. 

educational  institutions,  furnishing  by,  of  transcripts  of  records 

of  students,  law  requiring,  enforcement  by      . 
equity  jurisdiction  (see  Equity  jurisdiction), 
justices  of,  appellate  division  for  review  of  certain  sentences 
to  state  prison,  establishment  of,  as  affecting 
collectors  of  taxes,  suspension  of  authority  of,  pending  hear- 
ing on  removal  petition,  etc.,  powers  as  to      . 
probation  officers  of,  salaries  of,  temporarily  increased  . 
return  day,  weekly,  in,  entry  of  appeals  in  criminal  cases,  and 
suits  on  recognizances  and  bonds  given  in  such  cases,  for, 
providing  for,  etc.         ....... 

Suffolk  county,  for  (see  Suffolk  county,  superior  court  for), 
tort,  actions  of,  arising  out  of  operation  of  motor  vehicles, 
concurrent  original  jurisdiction  with  district  courts  of, 
given  to,  etc.        ........ 

Surety  and  indemnity  companies,  initiative  petitions,  affected  by, 
provisions  of  corrupt  practices  law  relative  to  influencing 
vote  on,  by,  amended  ...... 

Surety  bonds  (see  Bonds). 
Sxirgeons  (see  Physicians). 


Surgeon,  state,  appropriations 


Surtaxes,  temporary,  on  certain  subjects  of  existing  taxation  . 

Sutton,  town  of  (see  Cities  and  towns). 

Swampscott,  town  of  (see  Cities  and  towns). 

Swift  river,  flow  of  water  from  Quabbin  reservoir  into,  and  improve- 
ment of  condition  of  said  river,  investigation  relative 
to       .......  .        Resolve 

Swimming  pools,  inclusion  of  certain,  within  meaning  of  term 
"place  of  assembly"  under  certain  building  laws   . 

Syphilis,  applicants  for  marriage  intention  certificates,  serological 
test  of,  for,  relative  to  ...... 


547 


558 


Item  or 
Section. 


1.2 


284 
224 

2 

145 

244 

1.2 
3 

296 
437 

1-6 

273 


68 

370 

513 

'482 


16 
546 


561 


1.2 


0407-01  to 
0407-03 

0407-01  to 

0407-03 

0407-03 

1-4 


1 
1.2 


T. 


Table  of  changes  in  General  Laws    ...... 

Table  tennis  rooms,  inclusion  of  certain,  within  meaning  of  term 
"place  of  assembly"  under  certain  building  laws 

Taghmoo  pond,  Tisbury,  town  of,  in,  "coastal  waters",  term,  as 
used  in  laws  relating  to  marine  fish  and  fisheries  made 
applicable  to        .......  . 

Taunton,  city  of  (see  Cities  and  towns). 

river,  improvement  of  certain  part  of,  reappropriation 

state  hospital,  appropriations  ...... 

Tax  appeals  (see  Appellate  tax  board). 
TAXATION : 

in  general,  appellate  tax  board  (see  Appellate  tax  board). 

laws  levying  certain  new  taxes,  administration  of.  appro- 
priations    ......... 

cigarette  tax,  temporary,  time  during  which  to  be  imposed, 
extension  of         .......  . 

corporations,  of,  business  corporations,  abatements  in  cormec- 
tion  with,  relative  to    . 
additional,  temporary,  imposition,  etc.       .... 

domestic,  certain,  etc.,  relative  to     .  .  .  .  . 

corporate  franchises,  abatements  in  connection  with,  relative 

to 

additional,  temporary,  imposition,  etc.       ... 

domestic,  certain         ........ 

securities,  dealing  exclusively  in         .  .  . 

electric  railroad  companies  (see,  supra,  corporations,  of,  cor- 
porate franchises). 


Pages  861-992 

546 

1 

132 

1.2 

572 
f  68 

370 
.513 

Page  791 
1719-00 
1719-00 
1719-00 

68 

370 
513 

r  1201-11  to 
1     1201-22 
f  1201-11  to 
[          1201-22 
1201-11 

407 

521 
482 
459 

1 

1.3.4 

1-4 

521 
482 
285 
285 

1 

1.3,4 

6 

5 

1130  Index. 


Item  or 
Chap.  Section. 

TAXATION  —  Continued. 

corporations,  of  —  Concluded. 

foreign,  certain,  etc.,  relative  to  .         .         .  .         .  .     469  1-4 

Sea  also,  supra,  buainess  corporations;    infra,  manufactur- 
ing corporatione. 
gas  and  electric  companies  (see,  aupra,  corporations,  of,  cor- 
porate franchises), 
life  insurance  companies      .  .  .  .  .  .  .531  1-7 

manufacturing  corporations,  domestic  and  foreign,  certain 


/285  6 

1 459  1-4 


See  also,  supra,  corporations,  of,  business  corporations. 

Morris  plan  banks,  so  called,  provisions  of  law  relating  to, 

brought  into  conformity        ......     472 

railroad   companies   (see,  supra,   corporations,   of,   corporate 
franchises) . 

ships  and  vessels,  interested  in,  relative  to    .  .  .  .     395 

street  railway  companies  (see,  supra,  corporations,  of,  corpo- 
rate franchises). 

telephone  and  telegraph  companies  (see,  supra,  corporations, 
of,  corporate  franchises). 

water  companies  (see,  supra,  corporations,  of,  corporate  fran- 
chises) . 
county  tax,  basis  of  apportionment,  established       .  .  .     294 

granting  for  certain  counties        .  .  .  .  .  .  <  fgy  q 

levying  of,  for  payment  of  debt  and  interest  in  certain  cases, 

act  making  provision  for       .  .  .  .  .  .39 

death  taxes,  disputes  respecting  domicile  of  decedents,  settle- 
ment of,  for  purposes  of,  providing  for  ....     428  1-3 

estate  taxes,  disputes  respecting  domicile  of  decedents,  settle- 
ment of,  for  purposes  of,  providing  for  ....     428  1-3 

equitable  apportionment  of,  in  certain  cases,  and  collection 

and  payment  thereof,  providing  for        ....     519  1, 2 

transfers  of  certain  estates,  on,  rate  of  interest  on  refunds  of, 

relative  to  .  .  .  .  .  ...     471 

excise  tax,  alcoholic  beverages,  levying  upon  importation  into 

commonwealth  of,  relative  to         .  .  .  .  .36 

sales  of,  and  of  alcohol,  upon,  abatements  in  connection  with, 

relative  to        .......  .     521  1 

temporary,  additional,  time  dming  whiph  to  be  imposed, 
extension  of     .......  .     423 

cigarettes,  sales  of,  upon  (see,  supra,  cigarette  tax), 
gasoline  and  certain  other  fuel  used  in  propelling  motor  ve- 
hicles, sale  of,  on  (see,  infra,  gasoline  tax), 
meals  served  to  public,  charges  for,  upon,  abatements  in  con- 
nection with,  relative  to        .  .  .  .  .  .     521  1,2 

motor  vehicles,  registered,  on  (see,  infra,  motor  vehicles,  regis- 
tered, excise  on). 
forest  lands  and  products,  classified,  of,  law  relating  to, 
amended     ......... 

gasoline  tax,  abatements  in  connection  with,  relative  to  . 
law  relating  to,  act  making  certain  changes  in        . 
time  during  which  effective  further  extended 
incomes,  of,  abatements  in  connection  with,  relative  to  . 
additional,  temporary,  imposition,  etc. 
administration  of  law  relative  to,  changes  in  . 

deductions  from,  for  certain  dependents,  relative  to 
dividends  .  .  . 

distribution  of  proceeds  to  cities  and  towns 

estates,  fiduciaries,  partnerships,   associations  and  trusts, 

certain,  received  by      ......  .     285  1 

See  also  Edwards  Scholarship  Fund. 
legacies  and  successions,  of,  abatements  in  connection  with, 

relative  to  .  .  .  .  .  .  .  .     521  1 

additional,  temporary,  imposition,  etc.  ....     482  2, 4 

disputes  respecting  domicile  of  decedents,  settlement  of,  for 

purposes  of,  providing  for     .  .  .  .  .  .     428  1-3 

local  taxes,  abatement  of,  applications  for,  form  of  notice  of 

decisions  of  assessors  with  respect  to,  regulated   .  .       79 

when  tax  bills  are  sent  out  late,  relative  to     .  .  .     166  1-3 

real  estate  taxes,  of,  etc.,  investigation  of  laws  govern- 
ing   •         *«.....       Resolve       45 


461 

1-5 

521 

1 

420 

1-4 

270 

521 

1 

482 

1,3,4 

45 

1-5 

611 

286 

1.  3,L4 

285 

4 

Index. 


1131 


TAXATION  —  Concluded. 
local  taxes  —  Concluded. 

assessment  of,  appeals  from,  to  appellate  tax  board,  taxation 

of  costs  in  appeals  as  to  assessed  value  where  it  exceeds 

value  as  recently  determined  by  said  board  •    ,      ; 

exemptions,  property  of  housing  authorities,  limitation  on 

amount  of  payments  to  cities  and  towns  in  lieu  of  taxes 

on,  removed     ........ 

real  estate  owned  by  persons  in  armed  forces  and  their 
spouses  ......... 

real  estate,  on,  etc.,  investigation  of  laws  governing    Resolve 
liens  for,  relative  to,  etc.  ...... 

See  also  Edwards  Scholarship  Fund. 
assessors  (see  Assessors  of  taxes). 

collection  of,  delinquent  taxes,  interest,  charges  and  fees  for, 
relative  to  .  .  .  .  .  .  .  .  . 

minor  and  corrective  changes  in  laws  relating  to,  act  making 

poll  taxes,  exemption  from,  of  persons  in  military  or  naval 

service         ......... 

sale  or  taking  of  land,  by,  in  connection  with  certain  liens, 
relative  to        .  .  .  .  . 

tax  titles,  borrowing  of  money  by  cities  and  towns  based 
upon    .  .  .  .  .  .  .  . 

lands  subject  to,  taking  of,  when  assessment  unit  is 
changed,  relative  to        .....  . 

withholding  payment  of  money  to  persons  owing  taxes,  as- 
sessments, rates  or  other  municipal  charges,  relative  to  . 
See  also  Collectors  of  taxes, 
interest  on  unpaid,  etc.,  withholding  payment  of  money  to 

persons  owing,  relative  to     . 
poll  taxes,  exemption  of  persons  in  military  or  naval  service 
from  payment  of  ....... 

persona  seventy  years  of  age  or  over,  exemption  of,  from 
payment  of,  requests  for,  to  continue  in  eflfect,  etc.  . 
reimbursement,  state,  for  loss  of  taxes  on  land  owned  by  com- 
monwealth, etc.,  investigation  relative  to,  continued 
and  work  enlarged  .  .  .        Resolve 

appropriation  ........ 

for  loss  of  taxes  on  land  used  for  public  institutions,  etc., 
appropriation  ........ 

tax  bills  and  notices,  form  of        .....  . 

investigation  relative  to         ...  .       Resolve 

tax  titles  (see,  supra,  collection  of,  sale  or  taking  of  land,  by). 
motor  vehicles,  registered,  excise  on,  notices  of,  printing 
on,  of  law  providing  for  suspension  of  certificates  of  regis- 
tration for  non-payment  of  such  excise,  requirement  of, 
eliminated  ........ 

state  tax,  apportioned  and  assessed        ..... 

basis  of  apportionment,  established       ..... 

Taxation,  corporations  and,  department  of  (see  Corporations 

and  taxation,  department  of). 
Taxes,  collectors  of  (see  City  and  town  collectors ;  Collectors  of  taxes) . 
Taxidermists,  heads  and  hides  of  deer,  sale  of,  to  .  .  . 

Tax  titles  (see  Taxation,  local  taxes,  collection  of) . 
Teachers  (see  Schools,  public). 


Chap. 


430 


148 


Item  or 
Section. 


412 

45 

478 

1,2 
1-4 

179 
37 

1.2 

406 

1,2 

478 
/413 
1570 

1-4 
1,2 

188 

199 

199 

406 

1.2 

559 

64 

572/ 

0228, 
Page  799 

370 

664 

45 

1201-05 
1.2 

18 
568 
294 


100 


1-12 


Teachers  colleges,  state,  appropriations 


students  in,  state  aid  to,  appropriations  ..... 

Teachers'  retirement  board  (see  Education,  department  of;   Re- 
tirement systems  and  pensions). 

Teachers'  retirement  system  (see  Retirement  systems  and  pen- 
sions) . 

Telephone  and  telegraph  companies,  forest  cutting  practices, 
law  providing  for  establishment  of,  exempted  from 
initiative  petitions,  affected  by,  provisions  of  corrupt  practices 
law  relative  to  influencing  vote  on,  by,  amended 


370 

513 

,572 
/  68 
1370 


539 
273 


1307-00  to 
1321-00 

1307-00  to 
1321-00 
1308-21, 
1314-32 
1313-33 
1301-08 
1301-08 


Subs.  44 
1,2 


1132 


Index. 


Chap. 


Telephone  and  telegraph  division  (see  Public  utilities,  depart- 
ment of). 

Telephone  companies,  certain,  employees  of,  workmen's  compen- 
sation law  not  to  apply  to  .  .  .  .  . 
taxation  of  (see  Taxation,  corporations,  of,  corporate  franchises). 

Telephones,  general  court,  appropriations 

state  house,  appropriations     . 

Tenement  houses,  domestic  life  insurance  companies  authorized  to 
purchase,   etc.,   for   purpose   of   maintaining  low  rental 
housing  projects  ....... 

laws  applicable  to,  in  towns,  question  of  revoking  acceptance  of, 
voting  on,  Ijy  town  of  Lexington  ..... 

See  also  Buildings. 

Tennis  (see  Table  tennis  rooms) . 

Terminal  corporations,  employees  of,  lavatory  and  sanitary  facili- 
ties, reasonable,  for,  providing  for,  by,  etc.     .  . 

Testimonials,  soldiers  and  sailors  of  world  war,  to,  appropriation  . 

Testimony  of  witnesses  (see  Industrial  accidents,  department  of). 

Tewksbviry  state  hospital  and  infirmary,  appropriations    . 

Texas,  state  of,  litigation,  certain,  pending  in  courts  of,  in  connec- 
tion with  suit  of  commonwealth  against  Edgar  B.  Davis, 
premium  on  certain  bond  filed  in  connection  with,  appro- 
priation      ......... 

Textile  industry,  six  o'clock  law,  so  called,  relating  to  hours  of  em- 
ployment of  women  in,  suspension  until  April  1,  1945 

TEXTILE    SCHOOLS: 


529 

68 
370 

68 
370 
513 


207 
20 


333 
370 

68 
370 
513 


370 

306 

f    68 
^370 

[572 


/    68 

•  \370 

Resolve       67 


Bradford  Durfee,  appropriations 

Lowell  (see  Lowell  textile  institute). 

New  Bedford,  appropriations 

Theatres,  fire  drills  in,  etc.,  investigation  relative  to 

appropriation  ........     572  i 

seats  for,  etc.,  conditional  sales  of,  relative  to  .  .  .  .52 

See  also  Assembly,  places  of. 
Theft  (see  Larceny;  Stolen  property). 
Three  Rivers  Fire  District  of  the  town  of  Palmer,  authorized  to 

establish  system  of  water  supply  .....     325 

Tidal  waters  (see  Waters  and  waterways). 
Timber  (see  Forests  and  forestry). 
Time  payments,  so  called  (see  Conditional  sales). 
Tin,  etc.,  gas  meters,  certain,  used  in,  laws  relative  to  stamping  of 
such  meters  as  correct  made  harmonious  with  orders  of 
war  production  board  of  United  States  relative  to  con- 
servation of  .......  .     127 

Tisbury,  town  of  (see  Cities  and  towns). 
Title  to  real  property  (see  Real  property) . 

Tort  actions,  death,  for,  proceeds  of  recovery  in  certain,  disposi- 
tion of,  altered  .  .  .  •..-..• 
motor  vehicles,  operation  of,  arising  out  of,  jurisdiction  and 
venue  of,  relative  to     .                     .  .  .  _         •      _    • 

liability  in,  of  persons  participating  in  car  or  ride  sharing 
plans,  so  called,  relative  to   .  .  .  .  . 

practice  of,  by  justices  of  district  courts,  authority  to  pro- 
hibit,  granted   to   administrative   committee   of  district 
courts,  other  than  municipal  court  of  city  of  Boston  . 
Town  committees  (see  Elections,  political  committees). 
TOWN   MEETINGS,  LIMITED,   ETC.: 

Natick,  in,  act  establishing,  time  for  acceptance  of,  extended     . 
Reading,  in,  establishment,  etc.       .  . 

standard  form  of,  election  of  town  meeting  members  under  pro-  ) 
visions  of,  use  of  words  "  candidate  for  re-election  "  against  } 
names  of  certain  candidates  on  ballots  at         .  ._         .J 

Weymouth,  in,  number  of  town  meeting  members  established, 
and  nomination  of  candidates  for  re-election  as  such  mem- 
bers, further  regulated  ...... 


Item  or 
Section. 


3 

0102-12 
0102-12 
0416-10 
0415-10 
0416-10 


1-4 


0411-01 

1919-00 
1919-00 
1919-24 


1202-21 


1331-00 
1331-00 
1331-00 

1333-00 
1333-00 

0261, 

Page  800 

1,2 


1-13 


1,2 


444 

1.2 

/296 
\437 

1-6 

485 


101 


286 

7 

1 
453 


28 


1,2 


1-14 

1,2 
4 


1-3 


Index. 


1133 


Chap. 

Town  officers  (see  Municipal  oflBcers  and  employees;  and  specific 
titles) . 

Towng  (see  Cities  and  towns). 

Trackless  trolley  vehicles,  so  called,  improper  operation  of,  penal- 
ized  ..........     141 

unlawful  injury  to  or  interference  with,  etc.,  prohibited    .  .     322 

Trade,  fair,  law,  so  called,  commonwealth,  non-profit  libraries 

etc.,  exempted  from  price  limitations  of,  on  books,  etc.  .       40 

Trades  (see  Apprentice  training,  division  of). 

Trade  unions,  issuance  of  general  or  blanket  accident  or  health  in- 
surance policies  to  members  of,  and  others      .  .  .     532 
See  also  Labor  unions. 

Traffic  congestion,  improvements  for  relief  thereof,  through  a 
post-war  program  of  highway  projects,  study  relative 
to Resolves  46,66 

appropriation    .........     572  < 

Trailers  (see  Motor  vehicles) . 

Training   schools,    Massachusetts    (see    Massachusetts   training 

schools) . 
Trains  (see  Railroads). 
Transportation,  fish  and  perishable  foodstuffs,  of,  on  Lord's  day, 

relative  to  ........     473 

food,  fuel,  etc.,  of,  investigation  relative  to,  expenses  of,  appro-  \  cy2  / 
priation       .........  j         \ 

motor  bus,  by,  cities  and  towns  temporarily  authorized  to  con- 
tribute toward  cost  of  .  .  .  .  .  .157 

motor  vehicle,  by,  in  Revere,  certain  restrictions  on  granting  of 

new  licenses  for,  suspended  .  .  .  .  .  .162 

railroad,  within  commonwealth,  investigation  relative  to,  con- 
tinued        .......        Resolve 


Item  or 
Section. 


1,2 


appropriation  ........ 

rapid  transit  in  Boston  metropohtan  area,  investigation  relative 
to       .......  .        Resolve 

See  also  Motor  vehicles;   Railroads;   Street  railways;   Trackless 
trolley  vehicles,  so  called. 
Trawls,  otter,  use  in  taking  fish  (see  Fish  and  fisheries,  marine). 
Treasurers,  city  and  town  (see  City  and  town  treasurers). 

county  (see  County  treasurers). 
TREASURER,   STATE: 


appropriations 


Highway  Fund,  from,  authorized  ..... 

board  composed  of  attorney  general,  director  of  accounts  and, 
approval  by,  of  emergency  loans  by  counties 
approval  by,  of  renewal  of  certain  temporary  revenue  loans 
by  cities,  towns  and  districts  ..... 

Burlington,  town  of,  payment  of  sum  of  money  to,  by,  on  ac- 
count of  moneys  expended  by  it  for  welfare  aid 

appropriation  ........ 

Commonwealth  Airport-Boston,  so  called,  improvement,  de- 
velopment, etc.,  of,  borrowing  of  funds  for,  duties  as  to  . 

emergency  finance  board  in  department  of  (see  Emergency  fi- 
nance board). 

emergency  public  works  commission  in  department  of  (see  Emer- 
gency public  works  commission). 

employers  paying  wages  by  check,  providing  of  facilities  by,  for 
cashing  same,  act  requiring,  may  exempt  himself  and 
other  public  officers  from  provisions  of  . 

federal  highway  grants,  certain,  payment  into  Highway  Fund  by, 
etc.    .......... 

fraternal  benefit  societies,  foreign,  admitted  to  transact  business 
in  commonwealth,  bonds,  etc.,  required  to  be  filed  with, 
powers  and  duties  as  to         . 

gifts  of  money  and  securities  accepted  by  adjutant  general  for 
military  purposes,  powers  and  duties  as  to      . 


35 

572  f 


56 


68 

370 

513  j 

572 
"427 

80 

60 

340 

572  / 

(528 
1567 


1.2 


2970-10, 
Page  798 


0245, 
Page  798 


1.2 


0204, 
Page  798 


0601-01  to 
0604-03, 
2970-01 

0601-01  to 
0604-03, 
2970-01 

0602-01  to 

0604-03 

0604-04 

2 


1,2 

2820-08, 

Page  798 

4 

1 


563 

427 

1,2 

238 

1.2 

362 

1,2 

1134  Index. 

Item  or 
Chap.  Section. 

TREASUBEB,  STATE  —  Concluded. 

income  taxes,  distribution  to  citie?  and  towns  by       .  .  .     285  4 

insurance,  group  life  and  general  or  blanket  accident  and  health, 
policies  of,  for  members  of  associations  of  state  employees, 
pay  roll  deductions  on  accoimt  of,  powers  and  duties  as  to     424  4 

metropolitan  district  water  supply  system,  expenses  of,  appor-  f  543  2 

tionment  of,  powers  and  duties  as  to      .  .  .  \  567  3 

furnishing  of  water  from,  to  certain  additional  cities  and  towns,  \  543  1-3 

expense  of,  powers  and  duties  as  to         .  .  .  \  567  3 

payment,  certain,  by  commonwealth,  agreement  as  to  fee  for 

legal  services  in  connection  with,  filing  of,  with     Resolve       70 
public  welfare  and  soldiers'  benefits,  surplus  interest  accruing 
under  provisions  of  law  authorizing  municipalities  to  bor- 
row on  account  of,  transfer  to  general  fund  by,  authorized       347 
self-insurers,  so  called,  under  workmen's  compensation  law,  re- 
quired to  deposit  bonds,  assessments,  etc.,  with      .  .     529  7 
sinking  fund,  state,  refinancing  of  certain  investments  in,  powers  f  538                     1-4 
and  duties  as  to            .          .          .          .          .          .          .  \  567                         2 

state  tax,  apportionment  and  assessment  of,  duties  as  to   .  .     568  1-12 

tax  titles,  loans  to  cities  and  towns  on  account  of,  powers  and  f  413  1,  2 

duties  as  to  .  .  .  .  .         .  \  570 

United  States  war  bonds,  investment  of  certain  state  funds  in,  |  213  1,2 

powers  and  duties  as  to         .  .  .  .  .  \  509 

workmen's  compensation  law,  death  cases  under,  payments  into 

state  treasury  in  certain,  amount  decreased    .  .  .     367 

Trees  (see  Forests  and  forestry). 
Trial  justices,  salaries  of,  temporarily  increased    ....     224  2 

Trials,  civil  (see  Practice  in  civil  actions). 

criminal  (see  Criminal  procedure  and  practice). 
Tribe,  Marion  and  Stanley,  Jr.,  welfare  assistance  granted  to, 
money  expended  by  town  of  Belchertown  for,  reimburse- 
ment by  commonwealth  of  said  town  for         .        Resolve       24 

.   ,.  cTo  /         2820-08, 

appropnation 572  |         page  798 

Truants,  habitual,  committed  to  county  training  schools,  support  of, 

reimbursement  of  counties  for,  by  towns         .  .  .       82 

Trucks  (see  Motorjvehicles). 
Trust,  powers  of  appointment  held  in,  releases  and  disclaimers  of, 

authorized,  etc.   ........     152 

Trust  companies  (see  Banks  and  banking). 

Trustee  process,  attachment  by,  excessive,  relief  against,  providing 
for     .......... 

requirement  of  bond  in,  cities  and  towns  exempted  from    . 
Trustees,  estate  taxes,  equitable  apportionment  of,  and  collection 
and  payment  thereof,  act  providing  for,  as  affecting 
initiative  petitions,  affected  by,  provisions  of  corrupt  practices 

law  relative  to  influencing  vote  on,  by,  amended 
resignation  of,  by  their  guardians,  conservators,  etc.,  authorized 
salvage  operations  of,  investigation  relative  to  .       Resolve 

relative  to  ........  . 

Trusts,  transferable  shares,  having,  income  received  by,  share- 
holders, lists  of,  etc.,  filing  with  commissioner  of  corpora- 
tions and  taxation  by  . 
taxation  of  . 
Tuberculosis,  division  of  (see  Public  health,  department  of). 
Tuberculosis  hospitals,   county,  admissions  to,  and  charges  for 
support  of  patients  in,  relative  to  . 
budget  system  for,  establishment  of,  etc.       .... 

Middlesex  county,  unpaid  bills  against  city  of  Somerville  for 

board  of  patients  at,  payment  of  .  .  .  .  .     449  1-4 

municipal,  present  and  former  patients  of,  offering  to,  of  cor- 
respondence courses  free  of  charge  by  department  of 
education   .........     403 

Tuition,  children,  of,  etc.,  cost  of,  appropriations  ....     370  <  1907-03 

Tunnel,  vehicular,  East  Boston  (see  Sumner  tunnel). 

Turcotte,  Joseph  G.,  ci\'il  service  status  of,  as  agent  of  board  of 

registration  in  pharmacy       ......     220 

Typewriters  (see  Personal  property). 


234 
17 

1-3 
1.2 

519 

1.2 

273 

201 

13 

389 

1,2 
1-3 

1,2 

285 

285 

3 

1 

500 
414 

1-3 

1,2 

Index. 


1135 


U. 

Undertakers  (see  Funeral  directing). 

nnemployinent,  post-war,  prevention  of,  etc.,  survey  and  study 
relative  to  .  .  .  .  .     ■     .        Resolve 

appropriation  ........ 

relief  projects,  federal,  borrowing  by  cities,  towns  and  districts 
on  account  of      .......  . 

See  also  Employment  security  law. 
TTnemploynieiit   compensation   law    (see  Employment  security 

law). 
UNIFORM   STATE   LAWS: 

veterans,  guardianship  of,  etc.,  investigation  as  to    .        Resolve 

written    instruments,    acknowledgments    of,    investigation    as 

to       .......  .        Resolve 

Uniform  state  laws,  commissioners  on,  appropriation 
Unions,  labor,  issuance  of  general  or  blanket  policies  of  accident  or 
health  insurance  to  members  of,  and  others    . 
payments,  certain,  for  securing  or  continuing  employment,  re- 
quirement of,  by,  penalized  ..... 

UNITED   STATES: 

Boston,  city  of,  lands,  certain,  in,  jurisdiction  over,  ceding  to, 
for  purposes  of  coast  guard  base    ..... 

ceding  to,  for  purposes  of  extending  Boston  Navy  Yard 

ceding  to,  to  facilitate  war  effort  of  United  States  Navy 

Chelsea,  city  of,  lands,  certain,  in,  jurisdiction  over,  ceding  to, 

for  use  as  annex  to  Boston  Navy  Yard 
Civilian    Conservation    Corps    of    (see    Civilian    Conservation 

Corps), 
civil  service,  employees  in  state  division  of  employment  security 

transferred  to  positions  in,  protection  of  rights  of    . 

claims  of  commonwealth  against,  law  authorizing  appointment 

of  agent  to  prosecute,  etc.,  repealed,  and  duties  of  said 

officer  transferred  to  attorney  general    ... 

coast  guard  service  of,  persons  in,  inclusion  of,  within  veterans 

preference  provisions  of  civil  service  laws 
Cbmmonwealth  Airport-Boston,  so  called,  construction,  main- 
tenance, etc.,  of,  department  of  public  works  authorized 
to  enter  into  agreements  as  to,  with       .  . 

concentration  camps  of,  sale  and  delivery  of  water  to,  from  met 
ropolitan  water  system  .  .  .  . 

confidential  records  relating  to  general  public  assistance,  inspec 
tion  of,  by  representatives  of  ...  . 

congress  of,  act  of,  known  as  Revenue  Act  of  1942  (see  Revenue 
Act  of  1942). 
act  of,  known  as  Soldiers'  and  Sailors'  Civil  Relief  Act  of  1940 

(see  Soldiers'  and  Sailors'  Civil  Relief  Act  of  1940). 
emergency  laws  of  (see  Federal  emergency  laws), 
senator  in,  vacancies  in  office  of,  filling  of,  relative  to 
counties,  cities,  towns  and  districts,  contracts  with,  by,  for  use 

and  occupation  of  certain  property,  authorized 
defense  savings  bonds,  war  bonds,  etc.,  investments  in,  cities, 
towns  and  districts,  by,  authorized         .... 

commonwealth,  funds,  certain,  of,  of 

counties,  by,  authorized  ...... 

emergency  laws  of  (see  Federal  emergency  laws). 

emplojTnent  service,  employees  in  division  of  employment  se- 
curity inducted  into,  civil  service,  retirement,  etc.,  rights 
of,  protection  of  ....... 

Forest  Service,  law  providing  for  establishment  of  forest  cutting 
practices,  as  affecting  .  .  .  .  .  •.   .  .   • 

functions  and  activities  of,  co-related  to  functions  and  activities 
of  state,  county,  city,  town  and  district  governments, 
investigation  relative  to,  continued         .  .        Resolve 

Hingham,  town  of,  certain  land  in,  jurisdiction  over,  ceding  to, 
to  facilitate  war  effort  of  United  States  Navy 

housing  administrator,  federal,  loans  insured  by,  making  by 
banking  institutions  and  insurance  companies,  term  of 
act  providing  for,  further  extended,  and  further  authoriz- 
ing certain  loans  so  insured  .  .  .  .  . 
references  to,  in  general  and  special  laws,  act  correcting 


Chap. 

Item  or 
Section. 

71 
572  1 

0246, 
Page  801 

44 

1-4 

6 
370 

0420-01 

532 

1.2 

385 

458 
457 
477 

1-6 
1-3 
1-3 

456 

535 

83 
469 

528 
543 
169 


49 


1-4 

1-5 
1,2 

3 

1 


5 

/213 

\509 

5 

1,5 
1.2 

2 

535 

1-5 

539 

Subs.  45 

59 

477 

1-3 

126 
339 

1-3 

1136 


Index. 


UNITED    STATES  —  Concluded. 

maritime  commission  of,  trust  companies,  investments  of,  in 
their  commercial  departments,  certain  limitations  on,  not 
to  apply  when  secured  by  guarantees  of,  etc.  . 

military  and  naval  service  of  (see  Military  and  naval  service  of 
the  United  States;  Soldiers,  sailors  and  marines;  Vet- 
erans) . 

military  reservations,  certain  lands  in  counties  of  Bristol,  Dukes, 
Essex  and  Plymouth  for,  consent  of  commonwealth  to 
acquisition  of,  by,  etc.  ...... 

motor  vehicles  for  use  of,  during  present  emergency,  foreclosure 
of  liens  upon,  providing  for  ...... 

navy  department  of,  certain  lands  in  city  of  Boston  and  town  of 
Hingham  to  facilitate  war  effort  of,  consent  of  common- 
wealth to  acquisition  of,  by,  etc.    ..... 

trust  companies,  investments  of,  in  their  commercial  depart- 
ments, certain  limitations  on,  not  to  apply  when  secured 
by  guarantees  of,  etc.  ....... 

personal  property,  publicly  owned,  certain  state,  county  and 
municipal  officers  authorized  to  sell,  exchange  or  loan,  to, 
during  existing  emergency    ...... 

post-war  public  works,  program  of,  co-operation  in,  with  agencies 
of,  etc.        ......... 

Public  Health  Service,  laboratories  approved  by,  tests  by,  under 
law  requiring  applicants  for  marriage  intention  certifi- 
cates to  be  examined  for  ascertainment  of  presence  or 
absence  of  evidence  of  syphilis       ..... 

rodents  injurious  to  food  supplies  and  public  health,  destruction 
of,  co-operative  arrangements  as  to,  with  agencies  of 

trust  companies,  investments  of,  in  their  commercial  depart- 
ments, certain  limitations  on,  not  to  apply  when  secured 
by  guarantees  of,  etc,  . 

unemployment  relief  and  other  projects,  grants  for,  by  (see 
Federal  emergency  laws). 

vocational  education,  funds  for,  granted  by,  powers  of  commis- 
sioner of  education  as  to        . 

war  department  of,  trust  companies,  investments  of,  in  their 
commercial  departments,  certain  limitations  on,  not  to 
apply  when  secured  by  guarantees  of,  etc. 

war  production  board  of,  orders  of,  prohibiting  use  of  tin,  etc., 
in  certain  gas  meters,  laws  relative  to  stamping  of  such 
meters  as  correct  made  harmonious  with 
Universities  (see  Colleges  and  universities). 

University  extension  courses,  appropriations      .... 

correspondence  courses,  free  of  charge,  offering  of,  to  present 
and  former  tubercular  patients  of  certain  institutions 
Utilities,  public,  department  of  (see  Public  utilities,  department 
of). 


Chap. 


307 


Item  or 
Section. 


460 

1-3 

341 

1.2 

477 

1-3 

307 

214 

517 

1-4 

561 

1 

307 

540 
307 

127 


403 


1.2 

1301-61, 
1301-62 

1301-61, 
1301-62 


V. 

Vacations,  county  and  municipal  ofiBcers  and  employees,  of,  wages 
or  salaries  due  for,  payment  of,  in  cases  of  entry  into  mili- 
tary or  naval  forces      ....... 

municipal  employees,  for,  payments  in  lieu  of,  in  certain  cases  . 

Vaccination,  cattle,  certain,  of,  for  prevention  of  Bang's  abortion 
disease,  so  called,  further  providing  for 

Veal,  sale  of,  laws  relating  to,  amended  ..... 

Vehicles  (see  Motor  vehicles). 

Vendors  and  vendees  (see  Conditional  sales;   Sales). 

Venue,  crime  of  buying,  receiving,  aiding  in  concealment  of  stolen 
or  embezzled  property,  of,  relative  to     . 

tort  actions,  of,  arising  out  of  operation  of  motor  vehicles  . 

Verification  of  voting  lists,  state  wide,  relative  to         .  .  . 

Vessels  (see  Ships  and  vessels). 

VETERANS: 

educational  opportunities,  higher,  for  children  of  certain,  appro- 
priations    ......... 


499 
280 

56 
508 

1-5 

311 
296 
437 
537 

1,2 
1-6 

1-4 

68 
370 

1301-09 
1301-09 

Index. 


1137 


Chap. 


VETERANS  —  Concluded. 

guardianship  of  incompetent,  and  uniform  laws  relative  to  com- 
mitment of  such  veterans  to  veterans  administration, 
etc.,  investigation  relative  to  .  .  .        Resolve 

laws  relating  to,  and  their  organizations,  compiling,  printing 
and  distribution  of       ....  .        Resolve 

retirement  allowances  for  certain,  in  public  service,  relative  to    . 


retirement  from  state  service  of  certain,  appropriations 


retirement  of,  world  war  II,  so  called,  of,  etc.,  investigation  rela- 
tive to         ......  .        Resolve 

See  also  Civil  war  veterans;  Grand  Army  of  the  Republic ;  Mili- 
tary and  naval  service  of  the  United  States;  Soldiers, 
sailors  and  marines;  Spanish- American  war;  State  aid, 
military  aid  and  soldiers'  relief;  World  war. 

Veterans  Administration  Facility,  guardianship  of  incompetent 
veterans,  and  other  incompetent  minor  beneficiaries  of, 
commitments  to  such  administration  and  uniform  laws 
with  reference  thereto,  investigation  relative  to     Resolve 

Veterans  aid  and  pensions,  commissioner  of,  name  of  commis- 
sioner of  state  aid  and  persons  changed  to,  and  certain 
changes  made  in  laws  relating  to  granting  of  aid  and  relief 
by  said  commissioner  ....... 

Veterans'  preference,  so  called,  under  civil  service  laws,  extension 
of  benefits  of,  coast  guard  service  of  United  States,  per- 
sons in,  to  ........ 

women's  auxiliary  military  and  naval  units,  to       . 

Veterinary  medicine,  board  of  registration  in  (see  Civil  service 
and  registration,  department  of). 

Victory  gardens,  so  called  (see  Food,  production  of). 

Victuallers,  common  (see  Common  victuallers). 

Vital  statistics,  indexing,  appropriations       ..... 

Vocational  education,  division  of  (see  Education,  department  of), 
scope  of,  extended  ........ 

Vocational  rehabilitation  and  co-operation  with  federal  gov- 
ernment, appropriations     ...... 


Vocational  schools,  teachers  for,  training  of,  appropriations 

Volunteer  militia  (see  Militia) . 
Voters  (see  Elections) . 

registrars  of  (see  Registrars  of  voters). 
Voting  lists,  verification,  state  wide,  of  .  .  . 

Voting  machines,  ballot  labels  for,  providing  of,  relative  to 

counting  of  votes  at  polling  places  where  used 

information,  certain,  furnishing  of,  to  voters  using    . 

use  of,  at  primaries  and  elections,  relative  to    . 


26 
514 


370 
513 

49 


455 


469 
194 


Item  or 
Section. 


1-4 
2811-01, 
2811-02 
2811-01, 
2811-02 
2811-02 


1-15 


/  68 
1370 

0501-06 

0501-06 

540 

68/ 

1301-30  to 

1301-32 

370  1 

1301-30  to 
1301-32 

513 

1301-31 

■  68 

1301-31 

370 

1301-31 

613 

1301-31 

537 

1-4 

281 

2 

310 

5,6 

290 

310 

1-6 

w. 


Wage,  boards,  appropriations 


minimum,  service,  department  of  labor  and  industries,  appro- 
priations    ......... 

Wagers,  horse  and  dog  races,  on  (see  Horse  and  dog  racing  meetings 
conducted  under  pari-mutuel  system  of  wagering). 

Wages,  payment  of,  by  check,  act  requiring  employers  to  provide 
reasonable  facilities  for  cashing  same  .... 
exemption  of  public  officers  from,  provision  for 

Walter  E.  Fernald  state  school,  appropriations  . 


68 
370 

68 

370 
513 


378 

563 

/    68 

\370 


1601-73 
1601-73 

1601-71, 
1601-72 

1601-71, 
1601-72 
1601-71 


1724^0 
1724-00 


1138  Index. 

Item  or 
Chap.  Section. 

War  bonds  (see  Bonds). 

Ward  committees  (see  Elections,  political  committees) , 

Wards,  appointed  as  fiduciaries,  resignation  of,  by  their  guardians, 

conservators,  etc.,  authorized         .....     201  2 

Ware  river,  flow  of  water  from  Quabbin  reservoir  into,  and  improve- 
ment of  condition  of  said  river,  investigation  relative 
to      .......  .       Resolve       16 

War  meastires  (see  Military  and  naval  service  of  the  United  States; 
National  emergency,  existing,  legislation  pertaining  to). 

War  Production  Board  of  the  United  States,  orders  of,  prohibit- 
ing use  of  tin,  etc.,  in  certain  gas  meters,  laws  relative  to 
stamping  of  such  meters  as  correct  made  harmonious  with     127  1,  2 

Warrant  officers  (see  Militia). 

'    fio  f        0441-02, 
•^^  <  0441-10 


Wars,  expenses  on  account  of,  appropriations  .  .  .  .  ]  njn  j     0441-01  to 

{"^      \  0441-11 

[  513  0441-02 

War  veterans  (see  Veterans). 
WATER   COMPANIES: 

aid  to  similar  water  companies,  municipal  water  departments, 

etc.,  by,  authorized      .  .  .  .  .  .  .125 

forest   cutting  practices,   law  providing  for  establishment  of, 

exempted  from    ........     539  Subs.  44 

initiative  petitions,  affected  by,  provisions  of  corrupt  practices 

law  relative  to  influencing  vote  on,  by,  amended     .  .     273  1, 2 

metropolitan  system  of  water  works,  furnishing  of  water  from,  ( 543  1-3 

to  certain   .  .  .  .  .  .  •.-..•  t  ^^^  '   3 

police  officers  and  agents  of,  authorized  to  enter  premises  within 

water  shed  of  certain  sources  of  water  supply  .  .       84 

taxation  of  (see  Taxation,  corporations,  of,  corporate  franchises) . 
Water  districts  (see  Districts) . 
WATERS   AND   WATERWAYS: 
basin: 

Charles  river  (see  Charles  river  basin). 
brooks  and  streams : 

clearance  of,  etc.,  appropriation  ......     370  2923-72 

water  supply  purposes,  public,  further  provisions  for  taking 

of  water  for,  from,  during  existing  state  of  war        .  .     475  1, 2 

coastal  waters : 

Province  town,  town  of,  adjacent  to,  use  of  otter  trawls  in  tak- 
ing fish  from,  temporarily  authorized     ....     439 

creek: 

Menemsha,  improvements  in,  reappropriation        .  .  572  Page  792 

harbors  and  bays : 

Boston  harbor,  areas,  certain,  in,  ceding  to  United  States  of 

jurisdiction  over,  for  purpose  of  coast  guard  base    .  .     458  1—5 

zoning  of,  for  maritime  use,  expenses,  certain,  relating  to,  )  ^^2  /        ^^^^^Jj 


appropriation      .  ......./         \        Page  799 

Gloucester  harbor,  fish  pier  in,  certain  work  at,  providing  for  .     393  1,  2 

(         2220—17 
appropriation 572  |        p^^^  ^^^ 

inland  waters: 

Dukes  and  Nantucket  counties,  in,  stocking  and  restocking  of, 

with  fish,  relative  to 216  1-3 

ponds  and  lakes : 

Gochituate,  Lake,  in  towns  of  Natick,  Framingham  and  Way- 
land,  use  for  bathing  purposes       .....     327  1, 2 

Flax  pond  in  city  of  Lynn,  control  of  .  .  .  .71  1-6 

Little  Herring  Pond  in  town  of  Plymouth,  public  access  to, 

establishment  of  right  of  way  for,  by  county  of  Plymouth     151  1-6 

Massapoag,  Lake,  in  town  of  Sharon,  control  of     .  .  .73  1-6 

Sluice  pond,  so  called,  city  of  Lynn  authorized  to  sell  a  certain 

part  of,  to  Edith  M.  Harnois 67  1, 2 

Tashmoo  pond,  in  town  of  Tisbury,  "coastal  waters",  term, 
as  used  in  laws  relating  to  marine  fish  and  fisheries  made 
applicable  to 132  1,  2 

water  supply  purposes,  public,  further  provisions  for  taking  of 

water  for,  from,  during  existing  state  of  war  .  .  .     475  1, 2 

reservoirs : 

Quabbin,    flow    of   water   from,    etc.,    investigation   relative 

to       .......  .       Resolve       16 

service  of  metropolitan  district  police  at,  cost  of,  appropriation     370  8902-25 


Index.  1139 

Item  or 
Chap.  Section. 

WATERS   AlfD   WATERWAYS  —  Conduced. 
reservoirs  —  Concluded. 

water  supply  purposes,  public,  further  provisions  for  taking 

of  water  for,  from,  diuring  existing  state  of  war        .  .     475  1, 2 

rivers : 

Charles  river  basin  (see  Charles  river  basin). 

Merrimack,  bridge,  without  a  draw,  across,  in  city  of  Haverhill, 

construction  of    .  .  .  .  .  .32  .     li  2 

Neponset,  fence  along  portions  of  banks  of,  in  Boston,  con- 
struction, etc.        .......     466  1, 2 

appropriation 572  |        Page~7?8 

improvement,     beautification     of,     etc.,     survey     relative 
to       .......  .        Resolve       40 

Swift,  improvement  of  condition  of,  etc.,  investigation  rela- 
tive to         ......  .        Resolve       16 

Taunton,  improvement  of  certain  part  of,  reappropriation      .     572  Page  791 

Ware,  improvement  of  condition  of,  etc.,  investigation  rela- 
tive to         ......  .        Resolve       16 

See  also  Fish  and  fisheries;   Game  and  inland  fisheries. 
WATER   SUPPLY:  • 

cities,  towns  and  districts,  water  departments  of,  authorized  to 
aid  similar  departments,  other  municipal  corporations, 
etc.,  relative  to    .  .  .  .  .  .  .  .     125 

emergency  sources  of,  taking  of  water  from,  for  public  water  sup- 
ply pxirposes,  department  of  public  health  authorized  to 
approve      .........     475  1, 2 

Fall  River,  for,  property  pertaining  to,  owned  by  said  city  in 
town  of  Westport,  payments  in  lieu  of  taxes  on,  etc.,  in- 
vestigation relative  to  ....        Resolve       64 

{0228 
Page  799 
Fitchburg  and  its  inhabitants,  for  .  .  .  .  .  .     415       2,  Subs.  2E 

Hanover,  from,  for  Scituate    .......     263  1-6 

Leominster  and  its  inhabitants,  for  .  .  .  .  .     416       2,  Subs.  2E 

metropoUtan  water  district,  certain  cities  and  towns  within,  etc.,  /  543  1—3 

for \567  3 

Norfolk,  and  water  supply  districts  therein,  for,  purchase  of,  from 

commonwealth    ........     134  1, 2 

Norwell,  for,  by  Scituate         .......     263  1-5 

Quabbin  reservoir,  from,  etc.,  investigation  relative  to  ai  Resolve       16 
Salem  and  Beverly  water  supply  board,  employees  of,  made 
eUgible  to  join  contributory  retirement  system  of  city  of 

Salem 254  1-3 

Scituate,  additional,  for  .......     263  1-5 

Three  Rivers  Fire  District  of  the  town  of  Palmer,  authorized  to 

establish  system  of       ......  .     325  1-13 

water  commissioners,  police  officers,  etc.,  authorized  to  enter 

premises  within  water  shed  of  certain  sources  of      .  .84 

Westport,  property,  in,  owned  by  city  of  Fall  River  for  purposes 
of,  payments  to  said  town  in  Ueu  of  taxes  on,  etc.,  investi- 
gation relative  to  ....  .        Resolve       64 

f  0228 

appropriation 572  |        p^^^  ^g^ 

Water  town,  town  of  (see  Cities  and  towns). 

Wayland,  town  of  (see  Cities  and  towns). 

Ways,  in  general,  defects  in,  accidents  caused  by,  giving  of  notice  of, 

investigation  relative  to         ...  .        Resolve       31 

private,  removal  of  snow  and  ice  from,  cities  and  towns  author- 
ized to  appropriate  money  for        .....     225 

public,  defects  in,  proceeds  of  recovery  in  certain  actions  for 

death  caused  by,  disposition  of,  altered  .  .  .     444  1, 2 

department  of  public  works  authorized  to  lay  out  and  alter 
ways  other  than  state  highways  and  to  secure  federal  aid 
in  connection  therewith         ......     416 

federal  grants  for  construction  of,  etc.,  payment  into  Highway 

Fund,  etc. 427  1,2 

highway  projects,  additional  payments  from  Highway  Fund 

for  cost  of  .  .  .  .  .  .  .  .  .     572  3 

post-war,  study  relative  to        ...  .    Resolves  46,  66 

appropriation 572  |        p^^^  ^^^ 

limited  access  ways,  relative  to    .  .  .  .  .  .     397 


1140  Index. 

Item  or 
Chap.  Section. 

Ways  —  CoTicluded. 

public  —  Concluded. 

road  and  snow  removal  equipment  for  work  on,  use  of,  by  com- 
monwealth and  political  subdivisions  thereof,  temporarily 
providing  for       ........     474  1, 2 

small  towns,  in,  state  aid  for  repair  and  improvement  of,  con- 
tributions required  for,  relative  to       .  .  .  .158 

furnishing  of,  in  years  1944  and  1945,  relative  to     .  .     442 

See  also  Boulevards  and  parkways;  Motor  vehicles. 
state  highways,  speed  and  operation  of  motor  vehicles  on,  etc., 

investigation  relative  to         ...  .        Resolve       66 

Weapons  (see  Guns). 
Webster,  town  of  (see  Cities  and  towns). 

Weddings,  rooms,  etc.,  used  for,  inclusion  of  certain,  within  mean- 
ing of  term  "place  of  assembly"  under  certain  building 
laws  ..........     546  1 

Weights  and  measures,  sealers  of,  coal  sold  or  offered  for  sale,  act 

relating  to  quality  of,  as  affecting  powers  and  duties  of  .     241  1-4 

Welch,  Cecilia  F..  acts  as  notary  public  validated  .        .        Resolve         2 
Welfare,  public,  aepartment  of  (see  Public  welfare,  department  of), 
local  boards  of  (see  Public  welfare,  local  boards  of). 
See  also  Public  welfare. 

Westborough  state  hospital,  appropriations        .         .         .         .  |  g^Q  1720-00 
West  Dennis  Cemetery  Corporation,  town  of  Dennis  authorized 

to  receive  and  administer  the  property  of        .          .          .     174  1-4 

'    -~  2025-00 

Westfield,  state  sanatorium,  appropriations  .          .          .          .          .  \  ^jq  /  2025-00  to 

1314-00, 

1314-21 

state  teachers  college,  appropriations        .  .  .  .         .  ^  f^jn  /     1314-00  to 

"^'^  1  1314-32 

Westport,  town  of  (see  Cities  and  towns).  *• 

West  Roxbury  Parkway,  so  called,  drain,  certain,  construction  of, 

on,  appropriation  .......     370  2937-04 

Weymouth,  town  of  (see  Cities  and  towns). 

Wharves,  proprietors  of,  etc.,  incorporation  of,  further  regulated      .     130  1,  2 

White,  George  Robert,  will  of,  park  land,  certain,  transferred  by 
park  department  of  city  of  Boston  to  trustees  under,  time 
for  completing  certain  improvements  on,  extended  .     200 

White  pine  blister  rust,  suppression  of,  appropriations  .         .         .  i  q-jq  0909-11 

Widows,  employees  killed  in  industrial  accidents,  of,  payifients  to 

certain,  amount  of,  increased         .....     368 

Wild  birds  (see  Game  and  inland  fisheries). 

Wildlife  refuges,  federal,  revenue  received  from,  disposition  of, 

by  counties  ........     463 

Wildlife  research  and  management,  division  of  (see  Conserva- 
tion, department  of). 

Wills,  powers  of  appointment  created  by,  releases  and  disclaimers  of, 

authorized,  etc.  ........     152 

Wines  (see  Alcoholic  beverages). 

Winthrop,  town  of  (see  Cities  and  towns). 

Wires,  Boston,  city  of,  in,  removal  or  placing  underground  of  certain, 

law  providing  for,  suspended  .        ■  .  .  .  .       26  1, 2 

buildings  in  city  of  Boston,  in,  inspection  of,  etc.,  investigation 

relative  to  ......       Resolve       67 

appropriation 572  |        p^^  ^^^ 

installation  of,  etc.,  further  regulated       .  .  .  .  .     308 

Witnesses,  depositions  and  testimony  of,  when  residing  outside  com- 
monwealth, authority  of  industrial  accident  board  in  ob- 
taining, extended  .......     359 

domicile  of  decedents,  board  to  determine,  before      .  .  .     428  1,  Subs.  4 

general  court,  before,  fees,  appropriation  ....     370  0102-14 

motor  vehicles  controlled  by  military  forces  of  commonwealth, 
injury  or  death  caused  by  operation  of,  hearings  in  con- 
nection with,  at 409     1,  Subs.  55C 

Woburn,  city  of  (see  Cities  and  towns). 

Women,  employment  of,  rules  and  regulations  limiting  or  prohibit- 
ing, suspension  of,  to  relieve  man-power  shortage  due  to 
existing  war         ........     382  1, 2 


Index. 


1141 


Women  —  Concluded. 

enlistments  of,  as  oflficers  of  division  of  state  police,  certain  age 
requirements  not  to  apply  to  ....  . 

reformatory  for  (see  Reformatory  for  women), 
six  o'clock  law,  so  called,  relating  to  hours  of  employment  of,  in 
textile  industry,  suspension  until  April  1,  1945 
Women's  auxiliary  military  and  naval  units,  members  of,  inclu- 
sion within  operation  of  act  meeting  certain  contingencies 
arising  in  connection  with  military  or  naval  service  of 
public  officers  and  employees         ..... 
veterans'  preference,  so  called,  under  civil  service  laws,  ex- 
tended to    . 
Woodchucks  (see  Rodents). 
Woods  (see  Forests  and  forestry). 
Worcester,  city  of  (see  Cities  and  towns). 

state  hospital,  appropriations  ...... 


state  teachers  college,  appropriations        .... 

WORCESTER   COUNTY: 

appropriation  for  maintenance  of,  etc.      .... 

district  court,  central,  of  Worcester,  clerks  and  assistant  clerks 
of,  classification  of,  by  county  personnel  board 

tax  levy        ......... 

WORDS   AND   PHRASES: 

assured  minimum,  law  relating  to  school  funds,  under 

coastal  waters,  term  made  appHcable  to  Tashmoo  pond    . 

dispensary,  laws  regulating  dispensaries,  under 

domicile  of  decedents,  law  providing  for  settlement  of  disputes 
respecting,  under  ...... 

elected  officer,  law  relative  to  military  or  naval  service  of  pubhi 
officers  and  employees,  under         .... 

election  laws,  under        ....... 

kennel,  dog  law,  under  ....... 

licensed  period,  dog  law,  under        .  .  .  . '         . 

Umited  access  way  ....... 

military  and  naval  service,  act  meeting  contingencies  in  connec- 
tion with,  under  ...... 

militia  laws,  under  ....... 

narcotic  drug,  term  made  to  include  marihuana  or  marijuana 

place  of  assembly,  certain  building  laws,  under 

political  committee,  term  more  fully  defined     . 

sell,  property  of  business  corporations,  in  connection  with 

service,  demand  for  payment  of  local  taxes,  as  to      . 

veteran,  civil  service  laws,  under     ..... 

workmen's  compensation  law,  under         .... 
Work  (see  Labor). 
WORKMEN'S   COMPENSATION: 

accidental  disability  or  death  benefits,  apphcations  for,  under 
laws  relative  to  certain  retirement  systems,  etc.,  where 
member  of  such  system  has  received,  etc. 

compensation,  compulsory,  providing  for,  and  permitting  cer- 
tain employers  to  provide  for  such  compensation  by  self- 
insurance    ......... 

dependents,  certain,  to,  in  case  of  death  of  employee,  amount 
increased    ......... 

weekly,  partial  incapacity,  for,  maximum  amount  of,  increased 
total  and  permanent  disability,  for,  minimum  and  maxi- 
mum amounts  of,  increased  ..... 

damages  recovered  from  person  legally  liable,  other  than  in- 
sured, excess  of,  over  compensation  paid  under,  relative  to 

death,  payments  into  state  treasury  in  certain  cases  of,  amount 
decreased,  etc.     ........ 

payments  to  certain  dependents  in  case  of,  amount  of,  in- 
creased       ......... 

definitions    .......... 

employers  required  to  provide  comi)ensation  for  injured  em- 
ployees and  permitting  certain  employers  to  provide  for 
such  compensation  by  self-insurance       .  .  .  . 

heat  exhaustion,  payment  of  compensation  in  certain  cases  of    . 


Chap. 
175 
306 

172 
194 


f    68 
1 370  I 
I    68 
I  370  I 

465 

136 
465 

14 

132 

16 

428 

548 
453 
111 
111 
397 

172 

35 
305 
546 
318 

38 

37 

f  194 

\469 

529 


189 


529 
;368 
\400 

299 

276 
432 

367 
(368 
\400 

529 


529 
302 


Item  or 
Section. 


1721-00 
1721-00  to 
1721-29 
1315-00 
1315-00, 
1315-31 


1-3 
1 


1 
1 

1,  Subs.  1 

7 

6-8 

1 

1 


1,2 
1 
5 
2 
1 


1-3 


1-14 


1-3 

1-14 


1142  Index. 

Item  or 
<  Chap.  Section. 

WORKMEN'S   COMPENSATION  —  Concluded. 

injuries  to  employees,  employers  required  to  provide  compen- 
sation for,  and  permitting  certain  employers  to  provide 

for  such  compensation  by  self-insurance  .  .  .     529  1-14 

insurers,  death  cases,  payments  into  state  treasury  in  certain, 

by,  amount  decreased,  etc.    ......     367 

medical  services,  etc.,  further  regulated   .....     181 

self-insurance,  employers,  certain,  permitted  to  provide  for  com- 

I)ensation  for  injured  employees  by,  etc.        .  .  .     529  1-14 

state  treasury,  payments  into,  in  certain  death  cases,  etc.  .  .     367 

See  also  Industrial  accidents,  department  of. 
Workshops  (see  Buildings). 

World  War  I,  so  called,  payments,  certain,  to  soldiers  in  recogni-  f   68  0603-01 

tion  of  service  during,  appropriations     .  .  .  .  \  370  0603-01 

testimonials  to  soldiers  and  sailors  of,  appropriation  .  .     370  0411-01 

veterans  of,  bonus  to  (see  Soldiers'  bonus). 
See  also  Soldiers,  sailors  and  marines;  Veterans. 
World  War  II,  so  called,  monuments  or  memorials  to  commemorate 
services  and  sacrifices  of  persons  serving  in,  erection  of, 
act  enabling  cities  and  towns  to  appropriate  money  for    .       99 
veterans  of,  retirement  of,  etc.,  investigation  relative  to     Resolve       49 
See  also  Military  and  naval  service  of  the  United  States;  Soldiers, 
sailors  and  marines;  Veterans. 
Wounds,  BB  guns,  caused  by,  reporting  of    .  .  .  .  .41 

Wrenthazu  state  school,  appropriations |  ^^  1725^^ 

Writs,  certiorari,  of  (see  Certiorari), 
mandamus,  of  (see  Mandamus). 
Written  instruments,  acknowledgments  of,  investigation  relative 

to      .......  .       Resolve        6 

persons  in  military  or  naval  service,  by,  relative  to         .  .160  1,2 

fiduciaries  under,  resignation  of,  by  their  guardians,  conservators, 

etc.,  authorized  .  .  .  .  ...  .     201  2 

powers  of  appointment,  created  by,  releases  and  disclaimers  of, 

authorized,  etc.  ........     152 


z. 

Zuffreo,  Patsy,  given  preference  for  re-employment  in  labor  service 

of  city  of  Cambridge    .......     264 


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