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

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

ACTS AND RESOLVES 



J'ASSKl) H^ THK 



(General Court of jWassiacljusetts 

AT A 

SPECIAL SESSlOxN 

1944 

AND 

ACTS AND RESOLVES 

PASSED ISY THE 

(General Court of ilasisacfjusietts 

IX THK VKAK 

1945 

TO<;pJTHEl{ WITH 

TABLKS SHOWING CHANGES IN THE STATUTES, l^rrC. 



PUBLISHED BY THE 

SEGRKTARY OF THE COMMONWEAf.TH 




BOSTON 

WRIGHT »!' POTTER PRINTING GOMl'ANY 

1945 



ACTS AND RESOLVES 



PASSED BY THE 



^rn^ral (Cnurl nf iHaasarljUBrtta 

AT A 

SPECIAL SESSION 
1944 



Convened on Tuesday, the Fouhth Day of April, 

AND Prorogued on Tuesday, the Eighteenth 

Day of April, 1944 



ACTS, SPECIAL SESSION, 1944. 



An Act establishing the dates for holding the bi- Chap. 1 

ENNIAL STATE PRIMARY IN THE YEAR NINETEEN HUNDRED 
AND FORTY-FOUR, FOR THE FILING OF CERTIFICATES OF 
NOMINATION AND NOMINATION PAPERS FOR THE PURPOSES 
OF SAID PRIMARY AND ENSUING BIENNIAL STATE ELECTION 
AND FOR THE FILING OF PETITIONS OR PAPERS REQUIRING 
PUBLIC POLICY AND OTHER QUESTIONS TO BE PLACED ON 
THE OFFICIAL BALLOT FOR SAID ELECTION AND OTHERWISE 
FACILITATING VOTING BY ABSENT VOTING BALLOTS AT SAID 
ELECTION BY MASSACHUSETTS RESIDENTS IN THE ARMED 
FORCES OF THE UNITED STATES AND THOSE IN CERTAIN 
OTHER SERVICES ENGAGED IN FURTHERING THE WAR 
EFFORT, AND MAKING CERTAIN OTHER TEMPORARY CHANGES 
IN THE LAWS RELATING TO ELECTIONS. 

Whereas, The purpose of this act is to protect residents of Eiueigeiuy 



the commonwealth serving in or with the armed forces of 
the United States, or serving in the merchant marine, in the 
exercise of their right of suffrage at the biennial state elec- 
tion in the year nineteen hundred and forty-four; and 

Whereas, It is urgent that the advancing of the date of 
the biennial state primary in said year and certain other 
temporary changes made by this act in the laws relating to 
elections take effect at once, so that such residents will be 
afforded sufficient opportunity to vote by absent voting 
ballots at said state election, therefore this act is hereby 
declared to be an emergency law, necessarj^ for the immediate 
preservation of the public convenience. 

Be it enacted hy the Senate and House of Representatives in 
General Court assembled^ and hy the authority of the same, 
as folloivs: 

Section 1. The biennial state primary in the current 
year shall be held on Tuesday, the eleventh day of July, 
and all nomination papers and certificates of nomination to 
be filed with the state secretary for the purposes of said 
primary and of the biennial state election in said year, ex- 
cept any certificate of nomination of president and vice presi- 
dent and any certificate of nomination of presidential electors 
made by a poUtical party, as defined in section one of chapter 
fifty of the General Laws, shall be filed in said year with said 
secretary on or before five o'clock in the afternoon of Tues- 
day, the twenty-third day of May. 

In any city or town wherein the voting fist of said year is 
not available for the purpose of certifying names on nomina- 
tion papers filed prior to said primary, or for use thereat, 
the voting list of the preceding year, as amended or revised 
from time to time, may be used therefor, 



preamblp 



Acts, Special Session, 1944. — Chap. 1. 

Section 2. Notices under section forty-two of chapter 
fifty-three of the General Laws, relative to the holding of 
the biennial state primary in the current year by wards, 
precincts or groups of precincts, shall be filed with the state 
secretary on or before the first day of May. 

Section 3. The provisions of sections fifty and fifty-one 
of chapter fifty-one of the General Laws shall, for the pur- 
poses of the biennial state election in the current year, ap- 
ply to any veteran of World War II, so called, to the same 
extent as though he had continued to serve in the armed 
forces of the United States. 

Section 4. The provisions of section ninet}^ of chapter 
fifty-four of the General Laws, other than the last sentence 
thereof, shall not be operative for the purposes of any state 
or city election in the current year. 

Section 5. No question of public policy, so called, shall 
be submitted at the biennial state election in the current 
year to the voters of any district under sections nineteen 
to twenty-two, inclusive, of chapter fifty-three of the Gen- 
eral Laws, unless the application therefor shall have been 
filed with the state secretary on or before Wednesday, the 
twelfth day of July. 

Section 6. No other question which, under the provisions 
of any general or special law, is required to be placed on the 
official ballot for a biennial state election upon the filing of 
a petition or other paper with the state secretary shall be 
placed on the official ballot for the biennial state election in 
the current year unless the petition or other paper shall have 
been filed with said secretary on or before Tuesday, the 
eighteenth day of July. 

Section 7. No objection to a petition for a referendum 
upon a law which already has otherwise been quafified for 
submission to the people at the biennial state election in the 
current year shall be considered under section twenty-two A 
of chapter fifty-three of the General Laws, unless such objec- 
tion shall be filed with the state secretary on or before the 
first day of May. 

Section 8. The state convention of each poHtical party, 
as defined in section one of chapter fifty of the General Laws, 
to be held in the current year shall be held on such date, not 
later than September twenty-third, as may be determined 
by the state committee of such party. Upon determination 
of such date by such a committee, its chairman and secre- 
tary shall forthwith give written notice thereof to the state 
secretary. Certificates of nomination of presidential electors 
made by any such convention held in said year shall be filed 
with the state secretary not later than the seventh day after 
the session of said convention terminates. 

Section 9. Section two of chapter two hundred and sev- 
enty-nine of tlie acts of nineteen hundred and forty-one is 
hereby amended by inserting after the word "first" in the 
third line the words: — paragraph of the first. 



Acts, Special Session, 1944. — Chap. 1. 

Section 10. In the current year each city, ward and 
town committee of a political party, as defined in section one 
of chapter fifty of the General Laws, shall meet and organize 
not later than the tenth day of June. 

Section 11. The words "members of the armed forces of 
the United States", as used in this act and chapter three 
hundred and ninety of the acts of nineteen hundred and 
forty-three, shall include persons serving in the merchant 
marine of the United States or persons serving in the Ameri- 
can Red Cross, the Society of Friends, the Women's Auxil- 
iary Service Pilots or the United Service Organizations and 
attached to and serving with such armed forces, and shall 
also include veterans of World War II, so called. 

Section 12. The state secretary may prescribe and ar- 
range or rearrange, and determine the location of, printed 
matter on absent voting ballots and envelopes and accom- 
panying voting instructions to be provided for use at the 
biennial state election in the current year by members of the 
armed forces of the United States, and determine the size 
of such ballots, envelopes and instructions, the size of the 
type to be used thereon and the weight, color and kind of 
paper to be used therefor, in so far as may in his opinion be 
necessary for the purpose of facilitating voting by absent 
voting ballots by said members at said election, and may 
make such provision for the mailing and delivery of said 
ballots to said members, and may provide such suitable 
forms and blanks, as may in his opinion be necessary for 
such purpose. 

The state secretary may take such steps, and do such 
things, of an administrative nature as in his opinion are 
necessary to make effective any provision of law facilitating 
voting by absent voting ballots by members of the armed 
forces of the United States at the biennial state election in 
the current year and to utilize fully any federal or other 
facilities afforded in connection with such voting. 

Section 13. Any form of written communication from a 
member of the armed forces of the United States evidencing 
a desire that an absent voting ballot be sent to him for use 
for voting at the biennial state election in the current year 
shall be given the same effect as an application for an absent 
voting ballot made in a form prescribed by law, and any 
such communication, whether or not in the form of an appli- 
cation so prescribed, shall, if such member of said armed 
forces is not a registered voter, also be given the same effect 
as an application for his registration made by kindred in 
compliance with chapter three hundred and ninety of the 
acts of nineteen hundred and forty-three. No such com- 
munication shall be adversely acted upon except after in- 
vestigation by the registrars of voters or election commission 
or commissioners, as the case may be. 

Section 14. Official federal war ballots provided for in 
Public Law Numbered 712 — Seventy-seventh Congress — 
as amended by Public Law Numbered 277 — Seventy-eighth 



Acts, Special Session, 1944. — Chap. 1. 

Congress — Second Session — are hereby authorized to bo 
used, as provided therein, for voting at the biennial state 
election in the current year, in so far as the general court has 
power to authorize the same ; but such a ballot so used shall 
be counted by the appropriate election officials only if it 
appears that the person from whom such ballot is received 
has the constitutional qualifications for voting. 

Section 15. Any action in connection with voting by 
state absent voting ballots which may lawfully be taken 
under chapter three hundred and ninety of the acts of nine- 
teen hundred and forty-three or any other provision of law 
by, before or in the presence of an official authorized by law 
to administer oaths or a commissioned officer in the military 
or naval forces of the United States or by a clerk of a court 
of record may, in the case of voting by state absent voting 
ballots by members of the armed forces of the United States 
at the biennial state election in the current year, be taken 
with hke effect by, before or in the presence of any commis- 
sioned officer, noncommissioned officer not below the rank 
of sergeant, or petty officer, in the military or naval forces 
of the United States, or by, before or in the presence of any 
member of the merchant marine of the United States who 
may be designated by the Administrator of the War Shipping 
Administration for the purpose of administering and attest- 
ing oaths in connection with voting by absent voting ballots. 

Section 16. Section two of chapter thirteen of the acts 
of nineteen hundred and forty-two is hereby amended by 
adding at the end the following new clause: — 

(18) Administrative matters pertaining to the conduct of 
the biennial state primary and biennial state election in the 
year nineteen hundred and forty-four, including measures 
designed to enable members of the armed forces of the United 
States or persons serving in the merchant marine of the 
United States or persons serving in the American Red Cross, 
the Society of Friends, the Women's Auxiliary Service Pilots 
or the United Service Organizations and attached to and 
serving with such armed forces, or veterans of World War II, 
so called, to exercise their voting franchises at said election 
to the greatest extent possible. 

Section 17. No mere informality in the manner of carry- 
ing out any provision of law aft'ecting voting by absent voting 
ballots by members of the armed forces of the United States 
at the biennial state election in the current year shall invafi- 
date such election or constitute sufficient cause for the rejec- 
tion of the returns thereof ; and such provisions shall be con- 
strued liberally to effectuate their purposes. 

Section 18. The various provisions of this act are hereby 
declared to be separable; and if any provision of this act or 
the application of any provision thereof to any person or 
circumstance shall be held invaUd, the validity of the re- 
mainder of the act and the applicability of such provision 
to other persons or circumstances shall not be affected 
thereby. Approved April 5, 1944- 



Acts, Special Session, 1944. — Chaps. 2, 3. 
An Act providing that certain liabilities on account (JJidy 2 

OF THE BIENNIAL STATE PRIMARY IN THE CURRENT YEAR "^ 

AND THE ENSUING ELECTION WHICH WERE AUTHORIZED 

BY APPROPRIATIONS FOR THE SUCCEEDING FISCAL YEAR 

MAY BE INCURRED AND PAID DURING THE PRESENT FISCAL 

YEAR. 

Whereas, Because of the advancing of the date for holding Emergen cy 
the biennial state primary in the current year, it is necessary p''®^'"^'" 
that certain liabilities on account of said state primary and 
the ensuing election which were authorized by appropriations 
for the succeeding fiscal year be incurred during the present 
fiscal year and, that money from such appropriations be 
made available therefor forthwith, 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: 

Liabilities authorized by appropriations in items 0415-11, 
0504-01 and 0504-07 of section two of chapter three hun- 
dred and seventy of the acts of nineteen hundred and forty- 
three for the fiscal year ending June thirtieth, nineteen hun- 
dred and forty-five may be incurred and may be certified 
for payment by the comptroller during the fiscal year ending 
June thirtieth, nineteen hundred and forty-four, but such 
payments shall continue to be chargeable to the appropria- 
tions in said items for the first mentioned fiscal year. 

Approved April 5, 1944- 



Chap. 



An Act making temporary provision for continuing 
the present lawful use of certain buildings pending 
the issue of certificates of inspection by the depart- 
ment of public safety. 

Whereas, It is necessary that this act take effect earlier Emergency 
than ninety days after it becomes a law in order to prevent p'**"^'"- 
interruption of the present lawful use of certain buildings, 
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. Any acknowledgment of an application to 
an inspector of the division of inspection of the department 
of public safety for a certificate of inspection under section 
twenty-eight of chapter one hundred and forty-three of the 
General Laws, as amended by section three of chapter five 
hundred and forty-four of the acts of nineteen hundred and 
forty-three, which shall have been renewed as provided in 
section twenty-nine of said chapter one hundred and forty- 
three, as amended by said section three, may be further 
renewed at any time before March first, nineteen hundred 
and forty-seven in like manner and with like effect for such 



Acts, Special Session, 1944. — Chap. 3. 

further periods of not more than ninety days each as circum- 
stances may require, pending the granting or refusal of the 
certificate. Such an acknowledgment may be revoked by 
an inspector, without a hearing and without the assignment 
of any cause therefor, at any time when in his opinion the 
public safety requires. 

Section 2. Any such acknowledgment which has ceased 
since September tenth, nineteen hundred and forty-three 
to have effect by reason solely of the expiration of the period 
of renewal authorized by said section twenty-nine is hereby 
revived for the period of thirty days after the effective date 
of this act for the sole purpose of permitting a further renewal 
of such acknowledgment under section one of this act, the 
provisions of which section shall authorize renewals thereof 
to the same extent as though such period had not expired. 

Approved April 5, 1944- 



RESOLVES. SPECIAL SESSION, 1944. 



Resolve providing for certain payments on account 
of the death of certain members of the present 
house of representatives. 

Resolved, That for the purpose of promoting the pubhc 
good, there be ahowed and paid out of the treasury of 
the commonwealth to the respective widows of Nelson B. 
Crosby and Dana T. Gallup, who died while members of 
the present house of representatives, an amount equal to 
the additional amount to which each of said deceased mem- 
bers would have been entitled, under section nine of chapter 
three of the General Laws, as amended, for the current term 
for which he was elected had he lived and served until the 
end of said term. Said amounts shall be paid from the 
amount appropriated by item 0101-04 of section two of 
chapter three hundred and seventy of the acts of nineteen 
hundred and forty-three. Approved April 18, 1944- 

Resolve providing for a hospital addition to the 

soldiers' home in MASSACHUSETTS AND PROVIDING FOR 
FURTHER STUDY BY THE POST-WAR REHABILITATION COM- 
MISSION OF POST-WAR PROBLEMS OF THE COMMONWEALTH 
RELATIVE TO VETERANS. 

Resolved, That there shall be expended under the direc- 
tion of the governor from the War Emergency Fund, estab- 
lished by section ten of chapter three hundred and seventy 
of the acts of nineteen hundred and forty-three or from any 
federal funds available therefor, or both, such sums, not 
exceeding seven hundred and fifty thousand dollars in the 
aggregate, as may be necessary for the construction of a 
two hundred bed hospital or domiciliary addition to the 
Soldiers' Home in Massachusetts, at Chelsea, the number of 
each type of bed to be determined by the Trustees of said 
Home, and for furnishings and equipment for said addition, 
such construction to begin as soon as possible after the nec- 
essary priorities 'for first class materials have been obtained 
from the proper federal authority; and be it further 

Resolved, That, because of the fact that the General 
Court recognizes the imperative duty of the commonwealth 
in collaboration with the federal government to provide by 
legislation for the proper and adequate rehabilitation, physi- 
cal, mental and financial, of all of its citizens serving, who 
shall serve or who have served in the armed forces of the 
United States during the existence of the present war and 
have been or shall hereafter be discharged from such service 
otherwise than by a dishonorable discharge, and because 
the General Court is of opinion that it does not have at the 



Chap. 



Chap. 



Resolves, Special Session, 1944. — Chap. 2. 

present time sufficient information to enable it to prepare 
and enact legislation adequate to accomplish the above 
objects and in order that an adequate program to carry out 
the above objects to the fullest possible extent may be 
devised, the Post-War Rehabilitation Commission is hereby 
authorized and directed to continue its investigation and 
study of measures for the assistance of residents of the com- 
monwealth referred to in chapter seventy-one of the resolves 
of nineteen hundred and forty-three, with special reference 
to the subject matter contained in the preliminary report of 
said commission, being current house document numbered 
nineteen hundred and six. Approved April 18, 1944- 



NOTE. 



The General Court of 1943 at a special session in 1944 
passed three Acts and two Resolves which received executive 
approval. 

The General Court was prorogued on Tuesday, April IS, 
1944, at eight o'clock and one minute p.m., the session having 
occupied 15 days. 



ACTS AND RESOLVES 



PASSED BT THE 



AT ITS 

ANNUAL SESSION 
1945 



Tlie General Court, which was chosen Xo\eniber 7, l',>44, 
assembled on Wednesday, the third day of January, 1945, for its 
first annual session. 

The oaths of office were taken and subscribed by His Excellency 
Maurice J. Tobin and His Honor Robert F. Bradford on 
Thursday, the fourth day of January, in the presence of the two 
Houses assembled in convention. 



ACTS. 



An Act kelativk to the holding of caucuses in cities ^.'/^^^^ I 

AND TOWNS HAVING ABSENT VOTING AT MUNICIPAL ELEC- 
TIONS. 

Whereas, Tliere are a nuiaber of towns in which nouiina- Eniersenoy 
tions of candidates for (own office are made by caucuses and ^'^*"*"' 
which have accepted provisions of law for absentee voting; 
and 

Whereas, Unless this act becomes operative at once^ the 
time between the caucuses and the town elections occurring 
in the current year in such towns will be insufficient; there- 
fore it is hereby declared to be an emergency law, necessary 
for the immediate preservation of the public convenience. 

Be it enacted by tlie Senate and House of Representatives 
in General Court assembled, and by the aufJiority of the 
same, as follows: 

Chapter fifty-tliree of the General Laws is hereby amended Ed)"53^^§V2A, 
by striking out section seventy-two A, as amended by sec- etc!. 'amended.' 
tion five of chapter seventy-seven of the acts of nineteen 
hundred and thirty-seven, and inserting in place thereof the 
following: — Section 72 A. In any city or town which ac- Caucuww, 
cepts section one hundred and three A of chapter fifty-four, hiding, 
caucuses before regular city or town elections shall be held 
not later than the thirty-first day preceding such city^ or 
town elections, notwithstanding any contrary provision in 
any general or special law. Approved January 22, 19J^d. 



An Act authorizing the placing of the office of Chap. 2 

CHIEF OF the fire DEPARTMENT OF THE TOWN OF 
PLYMOUTH TINDER THE CIVIL SERVICE LAWS. 

He it enacted, etc., as follows: 

Section 1. The office of chief of the fire department of 
the town of Plymouth shall, upon the effective date of this 
act, become subject to the civil service laws and rules and 
regulations relating to permanent members of fire depart- 
ments in towns, and the tenure of office of any incumbent 
thereof shall be unlimited, subject, however, to said laws, 
but the person holding said office on said effective date 
shall continue to serve therein only until the expiration of 
his term of office unless prior thereto he passes a non- 
competitive qualifying examination to which he shall be 
subjected by the division of civil service. 



4 Acts, 1945. — Chaps. 3, 4. 

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-five, entitled 'An Act authorizing the Placing of 
the Office of Chief of the Fire Department of the Town of 
Plymouth 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 January 34, 1945. 

Chap. 3 An Act providing for the removal from civil service 
OF the office of chief of police of the town of 

AUBURN. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter fifty-two of the acts of nineteen 
hundred and thirtj^-eight is hereby repealed, and the pro- 
visions of section one thereof shall no longer apply to the 
office of chief of police of the town of Auburn or to any 
incumbent of said office. 

Section 2. This act shall be submitted to the voters 
of the town of Auburn at the annual town meeting in the 
current j^ear 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-five, entitled 'An Act providing for the removal 
from civil service of the office of chief of police of the town 
of Auburn', 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 January 24, 1945. 

Chnp. 4 An Act relative to the office of the mayor of the 
city of boston 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 Boston 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 any 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 date of qualification of the person 
first elected by popular vote after said effective date to the 
office of mayor of said city, possess all the rights and powen, 



Acts, 1945. — Chap. 5. 

perform all of the duties and be subject to all of the obliga- 
tions of mayor of said city, subject, however, to the following 
provisions : — 

(a) The president and his successor, if any, while exer- 
cising the rights and powers and performing the duties of 
mayor under any provision of this act, shall be entitled to 
compensation at the same rate as that prescribed by city 
ordinance for the mayor of said city, but shall not, during 
said period, be entitled to any compensation as a member 
of the city council; provided, that the president shall be 
entitled to such compensation from January fourth, nineteen 
hundred and forty-five; 

(b) 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; 

(c) While the president or his successor is unable, because 
of absence or other cause, to exercise the powers, rights, 
duties and obligations conferred and imposed upon him by 
this act, or while there is no president of the city council, 
the city clerk shall exercise and perform such powers, rights, 
duties and obligations; provided, that he shall exercise and 
perform the same only in matters not admitting of delay 
and that in no event shall he have power to make permanent 
appointments. While serving as acting mayor under this 
act, the city clerk shall receive no extra compensation as 
such acting mayor. 

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

Approved January 25, 191^5. 



An Act authorizing the town of walpole to pay a Chap. 5 

CERTAIN SUM OF MONEY TO THE LOVETT CORPORATION. 

Be it enacted, etc., as follows: 

Section 1. The town of Walpole is hereby authorized to 
appropriate the sum of four himdred and twenty-three dol- 
lars and sixty-six cents and pay the same to The Lovett 
Corporation in full settlement of its claim against said town 
for reimbursement on account of money expended by said 
corporation in connection with the construction of water 
works in Calvert road, a private way in said town which 
has since been accepted as a public way; provided, that no 
payment shall be made hereunder unless and until said 
The Lovett Corporation shall have released to said town, 
by proper instrument or instruments, all right, title and 
interest said corporation may have in said works. 

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

Approved January 29, 1945. 



Acts, 1945. — Chaps. 6, 7, 8. 



Chap. 6 A\ Act ai;thokizin(; thio town of kockpokj' to invest 

IK FEDERAL GOVERNMENT BONDS THE UNEXPENDED BAL- 
ANCE OF A CERTAIN LOAN ISSUED BY SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Rockport, under and subject to 
section one of chapter five of the acts of nineteen hundred 
and fortj^-t hree, may invest in defense bonds, war bonds or 
other bonds issued by the federal government a sum not 
exceeding twenty-one thousand, nine hundred and seventy- 
eight dollars and seventy-seven cents now in the town 
treasury, said sum being the unexpended balance of a loan 
issued by said town under authority of section one of chapter 
two Imndred and eight3'-seven of the acts of nineteen hun- 
dred and twenty-two, as amended by section one of chapter 
sixty-live of the acts of nineteen hundred and twenty-four. 

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

Approved January 29, 1945. 



Chap. 7 An Act authorizing the town of andover to appro- 
priate money in advance for the celebration of 

THE tercentenary OF THE FOUNDING OF THE TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Andover may appropriate 
money in the year nineteen hundred and forty-five for the 
celebration, in the year nineteen hundred and forty-six or 
in any later year to which said celebration may be post- 
poned by said town, of the tercentenary of the founding of 
the town. Money so appropriated may be expended for 
said purpose in the years nineteen hundred and forty-five 
and nineteen hundred and fortj'-six, and in succeeding years 
up to and including the year in which said celebration occurs. 

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

Approved January 29, 1945. 

Chai) 8 ^^ ^^'^ '^^ eliminate any special election of mayor 
in the city of boston prior to the next regular 
municipal election. 

Be it enacted, etc., as follows: 

Section 1. There shall be no special election to fill any 
vacancy in the office of maj^or of the city of Boston prior 
to the regular municipal election to be held in said city in 
the current year, notwithstanding the provisions of section 
forty-seven of chapter four hundred and eighty-six of the 
acts of nineteen hundred and nine, as most recently amended 
by section seven of chapter four hundred and seventy-nine 
of the acts of nineteen hundred and twenty-four. 

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

Approved January 29, 1945. 



Acts, 1945. — Chap. 9. 



A\ Act althorizlng thk town of north reading to (;/,ff-» 9 

ESTABLISH A BOARD OF PUBLIC WORKS E\ERCISIN(J THE ^' 

POWERS OF CERTAIN OTHER BOARDS, DEPARTMENTS AND 
TOWN OFFICERS. 

Be it enacted, etc., as follows: 

Section 1. There shall be established in the town of 
North Reading an unpaid board of public works, herein- 
after called the board, to consist of three members. The 
initial members thereof shall be elected one to serve for one 
year, one for two years, and one for three years, from the 
date of the annual town election at which they are elected, 
and thereafter, when the term of any member expires, his 
successor shall be elected to serve for three years. In all 
cases the members shall serve until their successors are 
quaUfied. 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. 

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, sewer commis- 
sioners, highway department including the superintendent 
of streets, park department, moth department, board of 
survey and tree warden, 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 liabilities 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 abolished. 

Section 3. The board shall appoint and fix the com- 
pensation of a superintendent of public works, who shall 
exercise and perform, under its supervision and direction, 
such of the powers, rights and duties transferred to it under 
section two as it may from time to time designate. He shall 
be responsible for the efficient exercise and performance of 
such powers, rights and duties, and shall hold office subject 
to the will of the board. He shall be specially fitted by 
training 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 common- 
wealth as surety, for the faithful performance of his duties, 
in such sum and upon such conditions as the board may 



Acts, 1945. — Chap. 10. 

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 re- 
quire. He shall keep full and complete 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 
succeeding fiscal year for the proper exercise and performarlce 
of all said powers, rights and duties. 

Section 4. 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 present and voting thereon by ballot 
at any town meeting held after three years following the 
annual town election at which this act becomes fully effec- 
tive 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 5. This act shall be submitted for acceptance 
to the legal voters of said town, present and voting thereon 
at a town meeting held not later than thirty days before 
the annual town election. At such meeting there shall be 
placed upon the warrant the following question: — "To see 
if the town will vote to accept an act passed by the general 
court in the year nineteen hundred and forty-five, entitled 
'An act authorizing the Town of North Reading to Estab- 
lish a Board of Public Works Exercising the Powers of 
Certain Other Boards, Departments and Town Officers.'" 
If a majority of the votes in answer to said question are in 
the affirmative, this act shall become fully effective begin- 
ning with, and for the purposes of, the next annual town 
election; but if the result of such vote is otherwise, this 
act shall be void. Approved January 29, 19J^5. 



Chap. 10 An Act authorizing the town of hingham to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of acquiring land for and 
constructing one or more school buildings, or constructing 
additions to existing school buildings, and of originally equip- 
ping and furnishing the same, the town of Hingham may 
borrow from time to time, within a period of five yeaivs from 



Acts, 1945. — Chaps. 11, 12. 

the passage of this act, such sums as may be necessary, not 
exceeding, in the aggregate, two hundred thousand dollars, 
and may issue bonds or notes therefor, which shall bear on 
their face the words, Hingham School Building Loan, Act 
of 1945. Each authorized issue shall constitute a separate 
loan, and such loans shall be paid in not more than twenty 
years from their dates. Indebtedness incurred under this 
act shall be in excess of the statutory limit, but shall, except 
as herein provided, be subject to chapter forty-four of the 
General Laws, exclusive of the limitation contained in the 
first paragraph of section seven thereof. 

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

Approved January SO, 1945. 



An Act authorizing the selectmen of the town of Chap. 11 

LEXINGTON TO APPOINT A BOARD OF HEALTH. 

Be it enacted, etc., as follows: 

Section 1. There shall be in the town of Lexington a 
board of health, consisting of three members appointed 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 health. Of the members first appointed, one 
shall serve for one year, one for two years and one for three 
years, and annually thereafter one member of said board 
shall be appointed to serve for three years. Upon the initial 
organization of the board of health appointed under author- 
ity of this act, the board of selectmen, acting as the board of 
public works as provided by chapter one of the acts of nine- 
teen hundred and twenty-two, shall cease to exercise the 
powers and duties of a board of health. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the town of Lexington at a regular town meet- 
ing held prior to January first, nineteen hundred and forty- 
seven. Approved January SO, 1945. 

An Act relative to the acquisition by the federal (Jj^aj)^ [2 
government of property in this commonwealth un- 
der the federal law known as the migratory bird 
conservation act. 

Whereas, It appears that more property has been ac- Emergency 
quired in this commonwealth by the federal government p''"*'"'''^- 
under the federal migratory bird conservation act, so called, 
than is necessary, and it is essential that the acquisition of 
such property thereunder be discontinued in this common- 
wealth as soon as may be, 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 ninety-seven of chapter one hundred and thirty- g. l. (Xer. 
one of the General Laws, as appearing in section two of ^d§97A,*^^ 

repealed. 



10 Acts, 1945. — Chap. 13. 

chapter five hundred and ninety-nine of the acts of nineteen 
hundred and forty-one, and section ninety-seven A of said 
chapter one hundred and thirty-one, inserted by chapter 
four hundred and sixty-three of the acts of nineteen hun- 
dred and forty-three, are hereby repealed. Notwithstand- 
ing such repeal, the commonwealth shall continue to reserve 
to itself full and complete jurisdiction and authority, to the 
extent provided by said section ninety-seven, over any areas 
lawfully acquired therein prior to the effective date of this 
act and held by the United States, in accordance with the 
act of congress approved February eighteenth, nineteen 
hundred and twenty-nine, known as the migratory bird con- 
servation act, and acts in amendment thereof and in addi- 
tion thereto or in substitution therefor, and the provisions 
of said section ninety-seven A of said chapter one hundred 
and thirty-one shall continue to apply with respect to any 
such areas lawfully acquired and held as aforesaid. 

Approved January 31, 1945. 



Ch(i]>. 13 An Act to authorize the county of dukes county to 

BORROW money ON ACCOUNT OF HURRTCANE DAMAGE. 

Be it enacted, etc., as follows: 

Section 1. The county treasurer of the county of Dukes 
County, with the approval of the county commissioners, may 
borrow from time to time on the credit of the county such 
sums as may be necessary, not exceeding, in the aggregate, 
twenty thousand dollars, and may issue bonds or notes of 
the county therefor, which shall bear on their face the words, 
County of Dukes County Hurricane Damage Loan, Act of 
1945. Such loan shall be payable in not more than five 
years from the date thereof, as determined by the treasurer 
with the approval of the county commissioners. Said bonds 
or notes shall be signed by the treasurer of said county and 
countersigned by a majority of the county commissioners. 
The county may sell such securities at public or private 
sale. Indebtedness incurred under this act shall, except as 
herein provided, be subject to chapter thirty-five of the 
General Laws. The proceeds of the loan shall be used only 
for repairing damages caused bj^ the hurricane of nineteen 
hundred and forty-four, in cooperation with the department 
of public works. 

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

Approved February 1, 191,5. 



Acts, 1945. — Chaps. 14, LV 11 

An Act authorizing; thk commissioner of labor and ('/kij) 14 
industries to suspend until april first, nineteen 
hundred and forty-six, 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 will cease to be effective on April first of the current ^'^^^"^ "' 
year, but the circumstances and conditions which made ad- 
visable their enactment still continue, and it is accordingly 
desirable that said provisions be made continuously effective 
until April first, nineteen hundred and forty-six, and tiiat 
there be no interruption in the effectiveness thereof, there- 
fore it is hereby declared to be an emergency law, necessary 
for the immediate preservation of the public convenience. 

lie 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 three hundred and six of the 
acts of nineteen hundred and forty-three, is hereby further 
amended by striking out, in the fifth line, the word "forty- 
five" and inserting in place thereof the word: — forty-six, 
— so as to read as follows: — Section 1. The connnissioner 
of labor and industries is herel^y authorized, in confomiity 
with Article XX of Part the First of the Constitution of tiie 
Commonwealth, to suspend, until April first, nineteen hun- 
dred and forty-six, 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 employment 
of women in the manufacture of textile goods after six o'clock 
in the evening; and, during the time of such suspension, 
those parts of said section fifty-nine which are so suspended 
shall be inoperative and of no effect. 

Approved February 5, 19Jf.5. 



Chap. 15 



An Act further extending the existence of the mash- 
pee ADVISORY commission. 

Whereas, The existence of the Mashpee Advisory Com- Emergency 
mission expires by law on April fifteenth next; and preambe. 

Whereas, It is essential to the welfare of the inhabitants 
of the town of Mashpee that said commission be empowered 
to continue to function without interruption, and the de- 
ferred operation of this act would tend to defeat its purpose, 
which is to enable said commission so to function without 
interruption, therefore this act is hereb}'^ declared to be an 
emergency law, necessan,' for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Section one of chapter two hundred and twenty-three of 
the acts of nineteen hundred and thirty-two, as most re- 



12 Acts, 1945. — Chap. 16. 

cently amended by section one of chapter one hundred and 
eighty-nine of the acts of nineteen hundred and forty-one, 
is hereby further amended by striking out, in the ninth 
line, the word "forty-five" and inserting in place thereof the 
word: — forty-eight, — so as to read as follows: — Section 1. 
There is hereby established an unpaid commission, under 
the title of the Mashpee Advisory Commission, hereinafter 
called the commission, to consist of three members, each of 
whom shall be the head of a state department or the head 
of a division thereof, designated by the governor, with the 
advice and consent of the council, and shall serve for a period 
terminating April fifteenth, nineteen hundred and forty- 
eight. The governor, with like advice and consent, shall, 
from time to time, designate one of the members as chair- 
man, may remove any member and shall fill any vacancy 
in the commission for the unexpired term. The action of 
any two of the members shall constitute the action of the 
commission; and whenever any action by the commission 
is required to be in writing, such writing shall be sufficient 
when signed by any two of the members. The commission 
may employ, at the expense of the town of Mashpee, such 
assistants as it may deem necessary. The commission may 
assign for specific or general employment one or more per- 
sons within a state department or division in charge of any 
member of the commission, and any expense incurred by 
reason of such assignment shall be certified by the commis- 
sion to the state treasurer, and shall be collected by him as 
an additional state tax upon said town. 

Approved February 5, 1945. 



Chap. 16 An Act authorizing the town of adams to appropriate 

MONEY TO RESTORE BEQUESTS FOR MAINTAINING CEME- 
TERY LOTS PAID TO THE CEMETERY COMMISSIONERS OR 
SEXTON AND NOT ACCOUNTED FOR. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obli- 
gation, the town of Adams may appropriate sums of money 
for the purpose of placing in the town treasury amounts 
equal in the aggregate to the proceeds of bequests for main- 
taining cemetery lots which were paid to the cemetery com- 
missioners or sexton and not accounted for, as shown in a 
report of an audit of cemetery accounts of the town by the 
director of accounts in the department of corporations and 
taxation. 

Section 2. This act shall take full effect upon its accept- 
ance during the current year by the town, but not other- 
wise. Approved February 5, 1945. 



Acts, 1945. — Chaps. 17, 18, 19. 13 

An Act relative to the filing with the town clerk of QJiqj) I'J 

WAREHAM IN THE CURRENT YEAR OF NOMINATION PAPERS 
OF CANDIDATES FOR TOWN OFFICE IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. Any provision in section seven or section ten 
of chapter fifty-three of the General Laws to the contrary 
notwithstanding, in the current year all nomination papers 
of candidates for town office in the town of Wareham, certi- 
fied by the registrars of voters thereof, may be filed with 
the town clerk of said town on or before five o'clock in the 
afternoon of February seventh. 

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

Approved February 6, 1945. 

An Act permitting the late filing of certificates of (^'/j^tj ig 

nomination AND NOMINATION PAPERS FOR THE ANNUAL 
TOWN ELECTION OF THE TOWN OF DEDHAM IN THE CUR- 
RENT YEAR. 

Be it enacted, etc., as follows: 

Section 1. Certificates of nomination and nomination 
papers of candidates for town offices in the town of Ded- 
ham to be elected at the annual town election of said town 
in the current year may be filed with the town clerk during 
the periods prescribed by section ten of chapter fifty-three 
of the General Laws for the filing of such certificates and 
nomination papers, respectively, in any town which has not 
accepted section one hundred and three A of chapter fifty- 
four of the General Laws, notwithstanding the fact that the 
town of Dedham has accepted said section one hundred and 
three A. 

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

Approved February 6, 1945. 



An Act permitting the late filing of certificates of nhn-n 1Q 
nomination and nomination papers for the annual 
town election of the town of weymouth in the 
current year. 

Be it enacted, etc., as follows: 

Section 1. Certificates of nomination and nomination 
papers of candidates for town offices in the town of Wey- 
mouth to be elected at the annual town election of said town 
in the current year may be filed with the town clerk during 
the periods prescribed by section ten of chapter fifty-three 
of the General Laws for the filing of such certificates and 
nomination papers, respectively, in any town which has not 
accepted section one hundred and three A of chapter fifty- 
four of the General Laws, notwithstanding the fact that the 



14 



Acts, 1945. — Chaps. 20, 21, 



town of Weymouth has accepted said section one hundred 
and three A. 
Section 2. This act shall take effect upon its passage. 

Approved February 6, 194-5. 



G. T>. (Ter. 
Rd.). 53 , 
§ 17A. etc., 
amended. 



Chap. 20 An Act relative to acceptances of nominations by 

CANDIDATES FOR ELECTION TO STATE COMMITTEES OF PO- 
LITICAL PARTIES WHO ARE ENDORSED BY CONVENTIONS. 

Be it enacted, etc., as follows: 

The j5fth paragraph of section seventeen A of chapter 
fifty-three of the General Laws, as appearing in chapter 
three hundred and ninety-seven of the acts of nineteen hun- 
dred and thirty-eight, is hereby amended by striking out, in 
the second line, the words "within ten days from the 'day 
when the convention terminates" and inserting in place 
thereof the words: — not later than the last day and hour 
for filing nomination papers for said membership, — so as 
to read as follows : — 

Each candidate endorsed by such a convention shall not 
later than the last day and hour for filing nomination papers 
for said membership file with the state secretary his written 
acceptance of the nomination, otherwise his name shall not 
be printed on the ballot as a candidate for member of the 
state committee for which he was nominated. Such candi- 
date may not withdraw such acceptance. 

Approved February 6, 1945. 



Members of 
.state com- 
mittee, 
acceptance of 
nomination. 



Chap. 21 An Act providing for the election or appointment of 

AN appropriation, ADVISORY OR FINANCE COMMITTEE BY 
THE TOWN OF EASTON. 

Be it enacted, etc., as follows: 

Section 1. The town of Easton, notwithstanding the 
provisions of section sixteen of chapter thirty-nine of the 
General Laws, may provide by by-law for the election of an 
appropriation, advisory or finance committee, as well as for 
the appointment of such a committee under said section 
sixteen, and such a committee so elected shall have the same 
powers and duties as a committee appointed under said 
section sixteen. Any vote or any by-law of said town au- 
thorizing the election of such a committee passed or adopted 
prior to the effective date of this act, and all acts done by a 
committee so elected, are hereby confirmed and made valid 
to the same extent as if this act had been in effect at the 
time of the passage of such vote or the adoption of such 
by-law. 

Section 2. This act shall take full effect upon its accept- 
ance by a majority of the registered voters of the town of 
Easton voting thereon at the annual town meeting in the 
year nineteen hundred and forty-five, or at a special town 
meeting held thereafter, but not otherwise. 

Approved February 6, 1945. 



Acts, 1945. — Chap. 22. 15 



An Act permitting members of the board of public Chan. 22 

WORKS AND the SUPERINTENDENT OF PUBLIC WORKS IN 
THE TOWN OF READING TO HOLD OFFICE AS TOWN MEETING 
MEMBERS. 

He it enacted, etc., as folloics: 

Section 1. Section one of chapter one hundred and 
eighteen of the acts of nineteen hundred and twenty-one is 
hereby amended by adding at the end the following words: 
— , but nothing herein shall prohibit the members of the 
board from serving as town meeting members if elected to 
such office under any form of representative town meeting 
government. 

Section 2. Section four of said chapter one hundred and 
eighteen is hereby amended by inserting after the word 
"occupation", iij the twelfth line, the words: — - , but noth- 
ing herein shall prohibit the superintendent from holding 
the office of town meeting member if elected to such office 
under anj^ form of representative town meeting govern- 
ment, — so as to I'ead as follows: — Section 4. The board 
shall, as soon as practicable after every election thereto, 
appoint an agent who shall be known as the superintendent 
of public works and shall be the administrative head of all 
departments of the town coming within the board's super- 
vision. He shall be subject to the direction and supervision, 
and shall hold office at the will of the board, shall be spe- 
cially fitted by education, training, or experience to perform 
the duties of said office, shall be chosen irrespective of his 
political opinions, and may or may not be a resident of the 
town. During his tenure he shall hold no other elective or 
appointive office, nor shall he be engaged in an}- other busi- 
ness or occupation, but nothing herein shall prohibit the 
superintendent from holding the office of town meeting 
member if elected to such office under any form of repre- 
sentative town meeting government. He shall be respon- 
sible for the efficient administration of all departments 
within the scope of his dut3\ He shall give bond to the 
town for the faithful performance of his duties in such sum, 
with such conditions and with such surety or sureties as the 
board may require and approve. The expense of procuring 
a surety company as surety thereon shall be paid by the 
town. The superintendent shall, subject to the approval 
of the board, appoint such assistants, agents, and employees 
as the performance of the duties of the various departments 
under his supervision shall require. He shall collect all 
moneys payable to the board, and in the collection of money 
and other properties, and in the handling or disposition of 
funds, he shall specifically designate certain persons to as- 
sist him, if necessary, and the persons so designated shall 
give a bond, if the board so requires, at the expense of the 
town. The superintendent shall keep full and complete 
records of the doings of his office, and render to the board 



16 Acts, 1945. — Chaps. 23, 24. 

as often as it may require, a full report of all operations dur- 
ing the period reported upon; and annually or from time to 
time as required by the board, he shall make a synopsis of 
all reports for publication. The superintendent shall keep 
the board fully advised as to the needs of the town within 
the scope of his duties, and shall furnish to the board on or 
before the fifteenth day of January in each year, a carefully 
prepared and detailed estimate in writing of the appropria- 
tions required during the ensuing fiscal year for the proper 
conduct of all departments of the town under his super- 
vision. 

Section 3. This act shall be submitted to the voters of 
the town of Reading at its annual town meeting in the year 
nineteen hundred and forty-five in the form of the following 
question, which shall be placed upon the official ballot to be 
used for the election of town officers at said meeting : — 
"Shall an act passed by the general court in the year nine- 
teen hundred and forty-five, entitled 'An Act permitting 
members of the board of public works and the superintend- 
ent of pubhc works in the town of Reading to hold office 
as town meeting members', be accepted?" If a majority 
of the votes cast in answer to said question is in the affirma- 
tive, then this act shall thereupon take full effect, but not 
otherwise. Approved February 6, 1945. 



Chap. 23 An Act relative to the division of the city of spring- 
field INTO VOTING precincts IN THE CURRENT YEAR. 

Be it enacted, etc., as follows: 

Section 1. So much of section two of chapter fifty-four 
of the General Laws, as amended, as provides that "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", shall not apply to any 
action taken by the board of aldermen of the city of Spring- 
field prior to May first, nineteen hundred and forty-five un- 
der said section two, but any such action of the board of 
aldermen shall take effect immediately. 

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

Approved February 12, lOJf^S. 



Chap. 24 An Act to provide that the orders of commitment of 
persons to the state schools for the feeble minded 
shall be directed to the superintendents thereof. 

Re it enacted, etc., as follows: 

Ed V* 123"^' Section sixty-six of chapter one hundred and twenty- 

jeb.'etc.,' three of the General Laws, as most recently amended by 
amen ed. sectioii six of chapter five hundred of the acts of nineteen 

hundred and thirtjMiine, is hereby further amended by strik- 
ing out, in the fifth line, as appearing in the Tercentenary 



Acts, 1945. — Chap. 25. 17 

Edition, the word "trustees" and inserting in place thereof 
the word: — superintendent, — so that the first sentence 
will read as follows : — Any judge of probate, within his Commitment 
county, upon written application, if he finds that a person minded^ 
residing or being within said county is a proper subject for ^^[^^^^ *° 
the Walter E. Fcrnald state school, the Belchertown state 
school or the Wrentham state school, may commit him 
thereto by an order of commitment, directed to the super- 
intendent thereof, made in accordance, with section fifty- 
one, and accompanied by a certificate in accordance with 
section fifty-three by a physician, qualified as therein pro- 
vided, that such person is a proper subject for said school, 
and all provisions of said section shall apply to such certifi- 
cate, except that the physician's examination of the alleged 
feeble minded person shall have occurred within ten days 
of the signing and making oath to the certificate, which 
shall bear date not more than twenty days prior to the com- 
mitment of such person. Approved February 12, 1945. 



An Act providing that paroles from any state school (JJ^qj) 25 
for the feeble minded may be authorized by the 
superintendent instead of by the trustees thereof. 

Be it enacted, etc., as follows: 

Chapter one hundred and twenty-three of the General E^V'iJr' 
Laws is hereby amended by striking out section eighty- § ssa, 
eight A, as appearing in the Tercentenary Edition, and in- '*'"''" ^ 
serting in place thereof the following section: — (Sedron Parole of 
88 A. The superintendent of a state school for the feeble petsons'from 
minded may permit any inmate of the school to leave the schools. 
institution on parole for such length of time and on such 
conditions as he may determine and may from time to time 
extend the period of such parole or change the conditions 
upon which it is granted. He shall cause an investigation 
to be made prior to the granting of such parole as to the 
home into which such inmate is to go if paroled and other 
conditions and circumstances which may affect the inmate's 
welfare and behavior and shall provide such supervision of 
any paroled inmate as he deems necessary for the inmate's 
welfare. He shall have such powers as to the revocation of 
the permit and as to the return of the inmate to whom it has 
been granted as are provided by law for the return of in- 
sane and feeble minded persons to the institutions from 
which they have been temporarily released. No length of 
absence on parole under this section from a state school for 
the feeble minded shall be construed as a discharge there- 
from. Approved February 12, 1945. 



18 Acts, 1945. — Chaps. 26, 27, 28. 



(^hap. 26 An Act providing for the appointment of the city 

SOLICITOR OF THE CITY OF HAVERHILL BY THE MAYOR OF 
SAID CITY WITHOUT THE APPROVAL OF THE MUNICIPAL 
COUNCIL THEREOF. 

Be it enacted, etc., as follows: 

Section 1. The mayor of the city of Haverhill shall, 
annually in the month of January, without the approval of 
the municipal council, appoint a city solicitor, who shall 
hold his office for the term of one year and until the qualifi- 
cation of his successor; provided, that he may be removed 
at any time by the mayor. 

Section 2. So much of chapter sixty-one of the acts of 
eighteen hundred and sixty-nine, especially section fourteen 
thereof, 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 Haverhill at the annual 
municipal election in the current year in the form of the fol- 
lowing question, which shall be placed upon the official bal- 
lot to be used in said city at said election: — "Shall an act 
of the General Court passed in the current year, entitled 
'An Act providing for the appointment of the city solicitor 
of the city of Haverhill by the mayor of said city without 
the approval of the municipal council thereof, be accepted?" 
If a majority of the voters voting thereon vote in the affirma- 
tive in answer to said question, then this act shall thereupon 
take full effect, but not otherwise. 

Approved February 12, 1945. 



(luip. 27 An Act providing that title to lands of the common- 
wealth TINDER the control OF THE DEPARTMENT OF 
conservation shall not be acquired by PRESCRIPTION 
OR adverse POSSESSION. 

Be it enacted, etc., as follows: 

Ed.)', 132,'^' Chapter one hundred and thirty-two of the General Laws 

"Id ^1 ^^'^' ^'^ hereby amended by inserting after section thirty-six, as 

Rights by amended, the following section: — Section 36 A. No person 

,''fT"'''*'""i shall acquire any rights by prescription or adverse posses- 

•ic-quired in "^ sioH ill any lands or rights in lands of the commonwealth 

public lands, under the control of the department of conservation. 

Approved February IS, 194o. 

(lid J). 28 An Act relative to the time of holding annual meet- 
ings OF incorporated religious societies. 

Be it enacted, etc. , as follows: 

Ed \' 67^*5 7 Chapter sixty-seven of the General Laws is hereby amended 

ampi'idpfi. ■ by striking out section seven, as appearing in the Tercente- 
nary Edition, and inserting in place thereof the following 



Acts, 1945. — Chaps. 29, 30. 19 

section : — Section 7. Every incorporated religious society Annual 
shall hold an annual meeting at such time as it shall pre- iScor'poTatU 
scribe by its by-laws, and, if the by-laws do not otherwise gocfj^ief 
provide, at a place appointed by its assessors or standing 
committee ; and at such meeting it shall choose a moderator, 
clerk, a standing committee or two or more assessors, a 
treasurer, a collector, and such other officers as it may think 
necessary, all of whom, except the moderator, shall, except 
as otherwise provided in this chapter, hold office until the 
next annual meeting and until their successors are qualified. 
Vacancies in said offices may be filled at any legal meeting. 

Approved February 14, 1945. 

An Act relative to the audit of accounts of cities (J^^fuj 29 

AND towns. 

Be it enacted, etc., as follows: 

Section 1. Section forty of chapter forty-four of the o. l. (Ter. 
General Laws, as amended by chapter three hundred and ftt!'amendtd. 
thirty-nine of the acts of nineteen hundred and thirty-nine, 
is hereby further amended by striking out, in the fourth 
and fifth lines, the words "as often as once in two years, 
or annually at the request of the maj^or or the selectmen" 
and inserting in place thereof the word: — annually, — so 
that the first sentence will read as follows: — The director Annual audits 
shall cause an audit to be made of the accounts of all cities acJJJunts!'''' 
and towns of the commonwealth, and may cause subsequent 
audits to be made of the accounts of each city and town 
annuall}^, and for this purpose he, and his duly accredited 
agents, shall have access to all necessary papers, books and 
records. 

Section 2. This act shall become effective upon the ex- EfTective 
piration of six months after the termination of the existing 
states of war between the United States and certain foreign 
countries, but not before. Approved February 14, 1945. 

An Act relative to the time for filing reports by Chap. 30 

MEMBERS OF THE ATLANTIC STATES MARINE FISHERIES 
COMMISSION ON THE PART OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section five of chapter four hundred and eighty-nine of 
the acts of nineteen hundred and forty-one is hereby amended 
by striking out, in the sixth and seventh lines, the words 
"during the tv/elve months preceding the first day of De- 
cember in said year" and inserting in place thereof the 
words: — for the fiscal year ending on the previous June 
thirtieth, — so as to read as follows: — Section 5. The 
members of the commission on the part of the common- 
wealth shall keep accurate accounts of all its receipts and 
disbursements and shall report to the governor and the 
general court on or before the tenth day of December annu- 



20 Acts, 1945. — Chaps. 31, 32. 

ally, setting forth in detail the transactions of the commis- 
sion for the fiscal year ending on the previous June thirti- 
eth, and shall include in said report recommendations for 
any legislative action that the commission deems advisable, 
including such amendments or additions to the laws of the 
commonwealth as may be necessary or desirable to carry 
out the intent and purposes of the Atlantic States Marine 
Fisheries Compact among the states joining therein. 

Approved February 14, 1945. 



Chap. 31 An Act relative to the laying out and construction 
OF colburn street in the town of westwood and 
the assessment of betterments in connection there- 
with. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of the taking by eminent 
domain of the land necessary for the purposes of the town 
way in the town of Westwood, known as Colburn street, 
which was laid out between Pond street and Ellis street by 
the selectmen of said town, which laying out was accepted 
by said town at its annual town meeting on March thir- 
teenth, nineteen hundred and forty-four, by a vote stating 
that betterments were to be assessed, and for the purposes 
of the description, plan and estimate of betterments therefor 
under section two of chapter eighty of the General Laws, 
the effective date of this act shall be deemed the date of 
the termination of said town meeting, and upon the taking 
of said land in accordance with law all acts of said town and 
its officers in laying out, using, constructing and paving said 
way are hereby ratified and confirmed and made valid for 
all purposes. The betterments so estimated may be as- 
sessed at any time within six months after the effective date 
of this act. The right to damages for any such taking shall 
vest upon the recording or filing for registration of the order 
of taking. 

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

Approved February 15, 1945. 

Chap. 32 An Act authorizing the placing of the office of chief 

OF THE FIRE DEPARTMENT OF THE TOWN OF EASTHAMPTON 
UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of the fire department of 
the town of Easthampton 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 de- 
partments in towns, and the tenure of office of any incum- 
bent thereof shall be unlimited, subject, however, to said 
laws, but the person holding said office on said effective 
date shall continue to serve therein only until the expiration 



Acts, 1945. — Chaps. 33, 34, 35. 21 

of his term of office unless prior thereto he passes a non- 
competitive quahfying 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-five, entitled 'An Act authorizing the Placing of 
the Office of Chief of the Fire Department of the Town of 
Easthampton 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 15, 1945. 

An Act relative to the appointment of the agent of Chap. 33 

THE BOARD OF HEALTH IN THE CITY OF CHICOPEE. 

Be it enacted, etc., as Jolloios: 

Section forty-two of chapter two hundred and thirty-nine 
of the acts of eighteen hundred and ninety-seven is hereby 
amended by striking out, in the first line, the word "annu- 
ally", — so as to read as follows: — Section If.2. The board 
of health shall appoint an agent, who shall not be one of 
their own number, whose compensation shall be determined 
by the board of aldermen. The members of said board 
shall serve without compensation. 

Approved February 15, 1945. 

An Act authorizing the town of danvers to accept Qfiar), 34 

CERTAIN provisions OF LAW RELATIVE TO THE PROMO- 
TION OF CALL FIREMEN TO THE PERMANENT FORCE OF ITS 
FIRE DEPARTMENT. 

Be it enacted, etc., as follows: 

The question of the acceptance of section thirty-six of 
chapter forty-eight of the General Laws, relating to the 
promotion of certain call or part call men in a municipal 
fire department to membership in the permanent force of 
such department, may be submitted to vote of the town of 
Danvers, and if said section is accepted by vote of the town 
it shall thereupon be in full force and effect in such town. 

Approved February 15, 1945. 

An Act authorizing the town of acushnet to take (Jjiav. 35 

OVER THE PROPERTIES AND ASSUME THE OBLIGATIONS OF 
THE ACUSHNET FIRE AND WATER DISTRICT. 

Be it enacted, etc., asfolloivs: 

Section L The town of Acushnet is hereby authorized 
to take over all the properties, rights, powers and privileges 



22 Acts, 1945. — Chap. 36. 

of the Acushnet Fire and Water District, as established by 
chapter one hundred and fifty of the acts of nineteen hun- 
dred and twenty-two, as amended, and to assume all the 
duties and obligations of said district, and shall thereby 
become in all respects the lawful successor to the said district. 

Section 2. The provisions of this act shall not affect 
any act done, ratified or confirmed by the said district or any 
of its officers prior to the effective date of this act, nor any 
right accrued or established, nor any action, suit or pro- 
ceeding commenced or had in a civil case, nor shall it im- 
pair the validity of any of the notes, bonds or other obliga- 
tions of the said district outstanding on said date. Any 
indebtedness incurred by the said district and outstanding 
at the time it is taken over by the town shall be assumed by 
the town. 

Section 3. The selectmen shall act as water commis- 
sioners until the first annual town meeting held after the 
date when the said district is taken over by the town and 
at said meeting the town shall elect a board of three water 
commissioners. Such commissioners shall be elected on the 
official ballot and, in the first instance, shall be elected to 
hold office, one for a term of three years, one for a term of 
two years, and one for a term of one year, from the meeting 
at which they are elected, and thereafter one commissioner 
shall be elected annually for the term of three years. The 
commissioners shall serve until their successors are elected 
and qualified. 

Section 4. This act shall take full effect on the thirtieth 
day following its acceptance, within two years after its pas- 
sage, by a majority of the voters of Ihe Acushnet Fire and 
Water District present and voting thereon at a meeting 
called for the purpose, and by a majority vote of the voters 
of the town of Acushnet present and voting at any town 
meeting. Approved February 15, 1945. 



Chap. 36 An Act to authorize the placing of the office of 
chief engineer of the fire department of the town 
OF hingham under the civil service laws. 

Be it enacted, etc., as follows: 

The office of chief engineer of the fire department of the 
town of Hingham shall, upon the effective date of this 
act, become subject to the civil service laws and rules and 
regulations relating to permanent members of fire depart- 
ments in towns, and the tenure of office of any incumbent 
thereof shall be unlimited, subject, however, to said laws, 
but the person holding said office on said effective date 
shall continue to serve therein only until the expiration of 
his term of office unless prior thereto he passes a non-com- 
petitive qualifying examination to which he shall be sub- 
jected by the division of civil service. 

Approved February 15, 1945. 



Acts, 1945. — Chaps. 37, 38. 23 



An Act authorizing savings banks, co-operative banks, (Jfidj) 37 

TRUST companies AND CREDIT UNIONS TO TAKE CERTAIN 
FIRST MORTGAGES ON REAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and sixty-seven of the o. l. (Ter. 
General Laws is hereby amended by adding after section ^^;l\^^; 
forty-nine, added by chapter four hundred and forty-four added, 
of the acts of nineteen hundred and forty-one, the following 
section: — Section 50. Notwithstanding any other provi- Banks, etc., 
sion of law, any savings bank, co-operative bank, trust to*ake^ce1-- 
company or credit union holding a first mortgage on real tain first 
estate may take in substitution therefor from a person real e^stlte.° 
deemed by such bank, company or credit union to be a bona 
fide purchaser of such real estate, a first mortgage thereon 
in an amount not in excess of the amount due on the existing 
first mortgage plus the accumulated interest, taxes, munici- 
pal Hens and other proper charges due thereon. 

Section 2. This act shall become operative on January Effective 
first, nineteen hundred and forty-six. ^^**' 

Approved February 15, 1945. 



An Act making certain miscellaneous changes in the (JJkijj 33 

LAWS which have BECOME NECESSARY OR ADVISABLE BY ^' 

REASON OF THE AMENDMENT TO THE CONSTITUTION PRO- 
VIDING FOR ANNUAL SESSIONS OF THE GENERAL COURT 
AND FOR AN ANNUAL BUDGET. 

Whereas, The wording of certain provisions of law amended ^^ambiT^ 
by this act is not in conformity with the amendment to the 
constitution providing for annual sessions of the general 
court and for an annual budget, and the immediate enact- 
ment of the amendments made hereby is required in order 
to remove any possible doubts as to the constitutionality of 
such provisions, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter three of the General Laws is hereby g. l. (Ter. 
amended by striking out section nine, as most recently etc!. 'amended, 
amended by section one of chapter six hundred of the acts 
of nineteen hundred and forty-one, and inserting in place 
thereof the following : — Section 9. Each member of the Compensation 
general court shall receive, for each regular annual session, the"gener^af ° 
twenty-five hundred dollars, and also four dollars and twenty court, 
cents for every mile of ordinary traveling distance from his 
place of abode to the place of sitting of the general court. 
The president of the senate and the speaker of the house of 
representatives shall each receive twenty-five hundred dollars 
additional compensation. Each member of the general court 
shall be entitled to be paid his compensation for such regular 



24 



Acts, 1945. — Chap. 38. 



G. L. (Ter. 
Ed.), 3, § 10. 
amended. 



Compensation 
of memberB 
chosen to fill 
vacancies or 
who resign. 



G. L. (Ter. 
Ed.), 3. § 20, 
etc., amended. 



Compensation 
for travel for 
cartain officers 
of the general 
court. 



G. L. (Ter. 
Ed.). 5. § 10. 
etc., amended. 



session at the rate of two hundred dollars for each full month 
of the session. Such payments shall be made to him, upon 
his request, on the last legislative day in which the general 
court is in session preceding the fifteenth day of each month 
and on the day preceding the last legislative day of each 
month, and shall be for an amount not exceeding the pro- 
portion then due at the aforesaid rate; provided, that the 
state treasurer, in his discretion, may, during such regular 
session, make additional payments on account, in excess of 
such monthly rate, to any member making written request 
therefor, but the amount of such additional payments shall 
not exceed, in the aggregate, three hundred dollars in any 
one such session, or eight hundred dollars if such session 
continues beyond July first, and in no event shall the amount 
of all pajanents under this section during such session to any 
member exceed, in the aggregate, the compensation of such 
member for such session. 

Section 2. Section ten of said chapter three, as appearing 
in the Tercentenary Edition, is hereby amended by strildng 
out, in the fourth line, the words "two thousand" and in- 
serting in place thereof the words: — twenty-five hundred, 
— 80 as to read as follows: — Section 10. Each member of 
the general court chosen to fill a vacancy, or who resigns his 
seat during a regular annual session, shall be entitled to a 
per diem compensation for the time of his membership at 
the rate of twenty-five hundred dollars for each regular 
annual session, and his mileage as provided in the preceding 
section. 

Section 3. Section twenty of said chapter three, as 
most recently amended by section two of chapter four hun- 
dred and thirty-three of the acts of nineteen hundred and 
forty-one, is hereby further amended by strildng out, in the 
fifth and sixth lines, the words ''in each odd-numbered 
year" and inserting in place thereof the words: — for each 
annual session, — by striking out, in the sixth, seventh and 
eighth lines, the following " , and in each even-numbered year 
such sum as may have been appropriated for such year,", — 
and by striking out all after the word "representatives" in 
the fourteenth line, — so as to read as follows: — Section 20. 
The sergeant-at-arms, doorkeepers, assistant doorkeepers, 
general court officers and pages, the clerks in the sergeant- 
at-arms' office, and the clerk, assistant clerk and other 
assistants in the legislative document room shall each receive 
for each annual session four dollars and twenty cents for 
every mile of ordinary traveling distance from their places 
of abode to the state house. Payments to persons authorized 
to receive compensation under this section shall be made from 
the treasury of the commonwealth, in the month of January 
of each 3'ear, upon the certificate of the sergeant-at-arms 
approved by the president of the senate and the speaker of 
the house of representatives. 

Section 4. Section ten of chapter five of the General 
Laws, as amended b^ section ten of chapter five hundred and 



Acts, 1945. — Chap. 38. 25 

eight of the acts of nineteen hundred and thirty-nine, is 

hereb}' further amended bj^ striking out, in the tliird Hne, 

the word "biennially" and inserting in place thereof the 

word : — annuall}', — and also by striking out, in the sixth 

and seventh lines, the words "in every odd-numbered year" 

and inserting in place thereof the word : — annually, — so 

that the first paragraph will read as follows : — One thou- Printing of 

sand copies of the journals of the senate and of the house of iacL^bHtnch 

representatives shall be printed annually under the direction of the general 

of the respective clerks thereof; and, unless the general °°^^ ' 

court shall otherwise order, two thousand copies of the lists 

of members and committees shall be printed annuall}^ under 

the joint direction of said clerics. 

Section 5. Section five A of chapter thirty-two of the g. l. (T«r. 
General Laws, inserted by section one of chapter four hun- fsi' ete 
dred and thirty-nine of the acts of nineteen hundred and amended.' 
thirt^^-eight, and as most recently amended by section 
twelve of chapter five hundred and eight of the acts of nine- 
teen hundred and thirty-nine, is hereby further amended by 
striking out paragraph (8) and inserting in place thereof 
the following : — 

(8) On or before October fifteenth in each year the board Retirement 
shall certify to the state treasurer the appropriations esti- prfati"ns*For°' 
mated to be necessary to pay into the various funds of the 
system the amounts payable by the commonwealth as 
enumerated in sections one to five A, inclusive, for the fiscal 
year beginning on the following July first, and items of 
appropriation providing such amounts shall be included in 
the appropriations for the state treasurer for the division 
of the state board of retirement. 

Section 6. Paragraph (2) of section nine of said chapter g. l. (Ter. 
thirty-two, as most recently amended by chapter four hun- ftt! 'amended, 
dred and ninetj-eight of the acts of nineteen hundred and 
forty-three, is hereby further amended by striking out, in 
the twenty-ninth line, the words "in each odd-numbered 
year" and inserting in place thereof the word: — annually, 
— so that the last sentence will read as follows : — The Contributions 
commonwealth sha,ll annually contribute such amount as is fSndT'"**' 
necessary to make good any deficiency in the annuity fimd 
for active or retired members as of the preceding thirty-first 
day of December. 

Section 7. Section one hundred and forty-one of chap- g. l. (Xer. 
ter fifty-four of the General Laws, as amended by section fH^^et'c, 
sixteen of chapter five hundred and eight of the acts of nine- amended. ' 
teen hundred and thirty-nine, is hereby further amended by 
striking out, in the twelfth and thirteenth lines, the words 
"after the regular session of the general court" and insert- 
ing in place thereof the words : — during a recess between 
the first and second annual sessions of the same general 
court, — so that the second paragraph will read as follows : — 

Upon a vacancy in the office of representative in the gen- Elections to 
eral court or upon failure to elect, the speaker of the house i^h'o^iwe^of^ep- 
of representatives shall issue precepts to the aldermen of resentatives. 



26 



Acts, 1945. — Chaps. 39, 40. 



G. L. (Ter. 
Ed.), 127, 
§ 152, etc., 
amended. 



How 

construed. 



each city and the selectmen of each town comprising the 
district or any part thereof, appointing such time as the 
house of representatives may order for an election to fill 
such vacancy; provided, that if such vacancy occurs during 
a recess between the first and second annual sessions of the 
same general court, the speaker may fix the time for an elec- 
tion to fill such vacancy. Upon receipt of such precepts, 
the aldermen or the selectmen shall call an election, which 
shall be held in accordance with the precepts. 

Section 8. Section one hundred and fifty-two of chap- 
ter one hundred and twenty-seven of the General Laws, as 
most recently amended by chapter two hundred and ninety- 
seven of the acts of nineteen hundred and forty-one, is 
hereby further amended by striking out the sentence added 
by said chapter two hundred and ninety-seven. 

Section 9. Wherever ciny provision of general or special 
law in effect immediately prior to the effective date of this 
act refers to biennial sessions of the general court or biennial 
budgets for the commonwealth or action to be taken bienni- 
ally in connection therewith, such provision shall be con- 
strued as referring to annual sessions of the general court or 
annual budgets for the commonwealth or action to be taken 
annually in conneclion therewith, as the case may be. 

Approved February 16, 1945. 



Chap. 39 An Act relative to the investment of the perpetual 

CARE FUND OF WESTVIEW CEMETERY IN THE TOWN OF 
LEXINGTON. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter one hundred and 
seven of the acts of nineteen hundred and ten is hereby 
amended by adding at the end the following : — Said board 
from time to time shall receive from the cemetery commis- 
sioners of the town of Lexington the perpetual care fund of 
Westview cemetery and additions thereto, and shall invest 
and reinvest the sums as authorized for trust funds under 
section fifty-four of chapter forty-four of the General Laws 
and shall pay over the net income thereof to the town treas- 
urer, who shall hold it subject to appropriation by the town 
for the care, improvement and embellishment of the West- 
view cemetery. 

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

Approved February 19, 1945. 



Chap. 



40 An Act to authorize the placing of offices, positions 

AND employments UNDER THE BOARD OF PUBLIC WORKS 
OF THE TOWN OF EASTHAMPTON UNDER THE CIVIL SERVICE 
LAWS. 

Be it enacted, etc., as follows: 

Section L The offices, positions and employments un- 
der the board of public works of the town of Easthampton 



Acts, 1945. — Chap. 41. 27 

shall, upon the effective date of this act, become subject to 
the civil service laws, and the rules and regulations made 
thereunder. The permanent incumbent on said effective 
date of every such office and position classified in the official 
service shall be subjected to a non-competitive qualifying 
examination for such office or position by the division of 
civil service of the department of civil service and registra- 
tion. If such an incumbent passes said examination, he 
shall be certified for said office or position and shall be 
deemed to be permanently appointed thereto without serv- 
ing any probationary period, and his tenure of office, as well 
as the tenure of office of any subsequent incumbent of said 
office or position, shall be unlimited, subject, however, to 
the provisions of said civil service laws. If such an incum- 
bent does not pass such non-competitive qualifying exami- 
nation, he ma}' continue to serve in said office or position, 
but shall not be subject to the provisions of said civil service 
laws. The tenure of office of persons in the labor service 
under said board of said town shall be unlimited, subject, 
however, to said laws; but the persons in such labor service 
on said effective date msiy continue to serve as such. 

Section 2. This act shall be submitted 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 gen- 
eral court in the year nineteen hundred and forty-five, en- 
titled 'An Act to authorize the placing of offices, positions 
and employments under the board of public worl^ of the 
town of Easthampton under the civil service laws', be ac- 
cepted?" If a majority of the votes cast in answer to said 
question are in the affirmative, then this act shall thereupon 
take full effect, but not otherwise. 

Approved February 19, 1945. 



An Act to authorize the placing of offices, positions (JJyxr) 41 

AND employments IN THE HIGHWAY DEPARTMENT OF THE 
TOWN OF SOUTH HADLEY UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The offices, positions and employments in the 
highway department of the town of South Hadley shall, 
upon the effective date of this act, become subject to the 
civil service laws, and the rules and regulations made there- 
under. The permanent incumbent on said effective date of 
every such office and position classified in the official service 
shall be subjected to a non-competitive qualifying examina- 
tion for such office or position by the division of civil service 
of the department of civil service and registration. If such 
an incumbent passes said examination, he shall be certified 
for said office or position and sliall be deemed to be perma- 
nently appointed thereto without serving any probationary 



28 Acts, 1945. — Chaps. 42, 43. 

period, and Ms tenure of office, as well as the tenure of office 
of any subsequent incumbent of said office or position, shall 
be unlimited, subject, however, to the provisions of said 
civil service laws. If such an incumbent does not pass such 
non-competitive qualifying examination, he may continue to 
serve in said office or position, but shall not be subject to 
the provisions of said civil service laws. The tenure of 
office of persons in the labor service of said department of 
said town shall be unlimited, subject, however, to said laws; 
but the persons in such labor service on said effective date 
may continue to serve as such. 

Section 2. This act shall be submitted 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 gen- 
eral court in the year nineteen hundred and forty-five, en- 
titled 'An Act to authorize the placing of offices, positions 
and employments in the highway department of the town 
of South Hadley under the civil service laws', be accepted?" 
If a majority of the votes cast in answer to said question 
are in the affirmative, then this act shall thereupon take full 
effect, but not otherwise. Approved February 19, 1946. 

Chap. 42 An Act repealing provisions of law authorizing the 

TOWN OF MILTON TO ADMINISTER CERTAIN TRUST FUNDS 
and to ESTABLISH A PUBLIC HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and five of the Special 
Acts of nineteen hundred and seventeen is hereby repealed. 

Section 2. This act shall take effect upon its acceptance 
by the town of Milton at a town meeting called for the 
purpose. Approved February 19, 194-5. 

Chap. 43 An Act providing for the election of city collector 

BY POPULAR VOTE AT THE BIENNIAL MUNICIPAL ELECTIONS 
IN THE CITY OF CHICOPEE. 

Be it enacted, etc., as follows: 

Section 1. Beginning with the year nineteen hundred 
and forty-nine, the city collector of the city of Chicopee 
shall be elected by the registered voters of said city. At the 
biennial municipal election in said year, and at the biennial 
municipal election to be held in every fourth year thereafter, 
the city collector shall be elected to hold office for the term 
of four years. The city collector elected as aforesaid shall 
take office on the first Monday in January following his 
election. 

Section 2. The term of office of the city collector elected 
by the board of aldermen of said city in the month of Janu- 
ary, nineteen hundred and forty-seven, shall expire on the 



Acts, 1945. — Chap. 44. 29 

first Monday in Januarj^, nineteen hundred and fifty, when 
his successor elected as aforesaid shall take office. 

Section 3. In case of a vacancy in the office of city col- 
lector elected by popular vote as aforesaid, the mayor of 
said city, without confirmation of the board of aldermen, 
shall appoint a person to fill such vacancy until the next 
biennial municipal election, at which time a city collector 
shall be elected to serve for the remainder of the unexpired 
term, if any. 

Section 4. So much of the charter and revised ordi- 
nances of said city, and of the amendments thereof and the 
additions thereto, as is inconsistent with this act, is hereby 
repealed. 

Section 5. This act shall be submitted to the registered 
voters of the city of Chicopee at the biennial municipal elec- 
tion to be held in the year nineteen hundred and forty-five 
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 hun- 
dred and forty-five, entitled 'An Act providing for the elec- 
tion of City Collector by popular vote at the Biennial Mu- 
nicipal Elections in the City of Chicopee', be accepted?" 
If the majority of the votes in answer to said question is in 
the affirmative, then this act shall thereupon take full effect, 
but not otherwise. Ayproved February 19, 1945. 



An Act providing for the election of members of the (JfiQrf 44 

BOARD OF ASSESSORS BY POPULAR VOTE AT THE BIENNIAL 
municipal ELECTIONS IN THE CITY OF CHICOPEE. 

Be it enacted, etc., as folloios: 

Section 1. Beginning with the year nineteen hundred 
and forty-seven, the members of the board of assessors of 
the city of Chicopee shall be elected by the registered voters 
of said city. At the biennial municipal election in said year 
three assessors shall be elected as hereinafter provided. No 
voter shall vote for more than one of the nominated candi- 
dates, and the candidate receiving the highest number of 
votes shall be declared elected for a term of four years, and 
the candidates receiving the second and third highest num- 
ber of votes shall both be declared elected for a term of two 
years. At the biennial municipal election to be held in the 
year nineteen hundred and forty-nine, and at every biennial 
municipal election held thereafter, two assessors shall be 
elected as hereinafter provided. No voter shall vote for 
more than one of the nominated candidates, and the can- 
didate receiving the highest number of votes shall be de- 
clared elected for a term of four years, and the candidate 
receiving the next highest number of votes shall be declared 
elected for a term of two years. The assessors elected as 
afaresaid shall take office on the first Monday in January 
following their election. 



30 Acts, 1945. — Chap. 4.5. 

Section 2. The terms of office of the assessors elected 
by the board of aldermen of said city in the month of Janu- 
ary in the years nineteen hundred and forty-five, nineteen 
hundred and forty-six and nineteen hundred and forty- 
seven, shall expire on the first Monday in January, nine- 
teen hundred and forty-eight, when their successors elected 
as aforesaid shall take office. 

Section 3. During the month of January in each year, 
the assessors shall meet and organize by electing a chairman 
and a secretary who shall perform the duties assigned to 
said chairman and secretary under the existing revised ordi- 
nances of said city. 

Section 4. In case of a vacancy in the office of assessor 
elected by popular vote as aforesaid, the mayor of said 
city, without confirmation by the board of aldermen, shall 
appoint an assessor to fill such vacancy until the next bien- 
nial municipal election, at which time an assessor shall be 
elected to serve for the remainder of the unexpired term, if 
any. 

Section 5. So much of the charter and revised ordi- 
nances of said city, and of the amendments thereof and the 
additions thereto, as is inconsistent with this act, is hereby 
repealed. 

Section 6. This act shall be submitted for acceptance 
to the registered voters of the city of Chicopee at the bien- 
nial municipal election to be held in the year nineteen hun- 
dred and forty-five, in the form of the following question, 
which shall be printed on the official ballot to be used at said 
election: "Shall an act passed by the general court in the 
year nineteen hundred and forty-five, entitled 'An Act pro- 
viding for the election of members of the Board of Assessors 
by popular vote at the Biennial Municipal Elections in the 
City of Chicopee', be accepted?" If the majority of the 
votes in answer to said question is in the affirmative, then 
this act shall thereupon take full effect, but not otherwise. 

Approved February 19, 1943. 



Chap. 45 An Act authorizing the board of selectmen of the 

TOWN OF MILTON TO PERMIT WALTER BAKER & COMPANY, 
INC., TO CONSTRUCT AND MAINTAIN A BRIDGE OVER ADAMS 
STREET IN THE TOWN OF MILTON. 

Be it enacted, etc., as follows: 

Section 1. Upon petition, and after seven days' notice 
inserted in at least one newspaper published in the town of 
Milton and a public hearing thereon, the board of select- 
men, by a two thirds vote, may grant and issue a permit 
to Walter Baker & Company, Inc., a corporation duly estab- 
lished and existing under the laws of this commonwealth, its 
successors and assigns, to construct and maintain a bridge 
over Adams street in said town, at a point where said cor- 
poration owns the land in fee on opposite sides of said street 



Acts, 1945. — Chap. 46. 31 

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

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

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

Section 4. This act shall take full effect upon its accept- 
ance during the current year by vote of said town, but not 
otherwise. Approved February 19, 1945. 



An Act relative to the making by banking institutions (JJjQp^ 4.Q 

AND insurance COMPANIES OF LOANS TO VETERANS OF 
WORLD WAR II GUARANTEED BY THE ADMINISTRATOR OF 
veterans' AFFAIRS. 

Whereas, The deferred operation of this act would tend ^;^®^^,°''y 
to defeat its purpose, which is to make available without 
delay to qualifying veterans of World War II the benefits of 
the act of congress known as the Servicemen's Readjust- 
ment Act of 1944, and which became effective on June 
twenty-second, nineteen hundred and forty-four, therefore 
it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 



32 Acts, 1945. — Chap. 46. 

Re it enacted, etc., as follows: 

Section 1. Subject to such regulations as the commis- 
sioner 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 or- 
ganized under the laws of this commonwealth is authorized, 
for a period ending five years after the termination of the 
present states of war between the United States and certain 
foreign countries, to make such loans and advances of credit 
to qualified veterans of World War II as are guaranteed in 
whole or in part by the administrator of veterans' affairs or 
his successor or successors in such office, under the act of 
congress known as the Servicemen's Readjustment Act of 
1944, or any amendment thereof, and to obtain such guar- 
anties. 

Section 2. During the period that the provisions of this 
act are in force and effect, and, with respect to the obliga- 
tion of any contract entered into during said period under 
the provisions of this act, for the hfe of said obligation, no 
provision of law limiting the power of a trust company, 
savings bank, co-operative bank, credit union or insurance 
company organized under the laws of this commonwealth to 
make loans shall apply to loans made pursuant to section 
one of this act, subject to regulations referred to in section 
one and guaranteed in whole or in part by the administrator 
of veterans' affairs. 

Section 3. Nothing contained in this act shall, unless 
otherwise expressly provided therein, be deemed to abridge 
any power or authority conferred upon the commissioner of 
banks or commissioner of insurance by any other provision 
of law. 

Section 4. The action of the governor in making and 
issuing on October eighteenth, nineteen hundred and forty- 
four, his executive order authorizing any savings bank, 
co-operative bank, trust company, credit union or insurance 
company doing business in this commonwealth to make 
loans and advances of credit to those appUcants who procure 
the guaranty of the administrator of veterans' affairs in 
accordance with the provisions of Title III of the Service- 
men's Readjustment Act of 1944, and all acts done and 
regulations issued pursuant to said order, are hereby ex- 
pressly ratified and confirmed. 

Approved February 24, 1945. 



Acts, 1945. — Chaps. 47, 48. 33 



An Act to empower the city of westfield to pay cer- c/mr) 47 

TAIN expenses FROM THE APPROPRIATIONS OF THE SCHOOL ^' 

committee. 
Be it enacted, etc., as follows: 

Section 1. The city of Westfield is hereby authorized to 
pay from the appropriations made for the maintenance and 
expenses of the school department, for the fiscal year com- 
mencing January first, nineteen hundred and forty-five, such 
of the unpaid bills incurred during the years nineteen hun- 
dred and forty-two and nineteen hundred and forty-three, 
the total of such bills being nine hundred and seventy dollars 
and eighty-four cents, 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 ofl^icial 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 February 24, 19JfO. 



An Act authorizing the town of Norwood to increase (Jfidj) 43 
. temporarily the retirement allowances of certain 
retired persons formerly employed by it. 

Be it enacted, etc., as follows: 

Section 1. The retirement allowances of former em- 
ployees of the town of Norwood who have been retired under 
any provision of law may be increased by said town by an 
amount not in excess of the amount of any temporary in- 
crease of salary or bonus, so called, granted during the existing 
states of war to present employees of said town, holding 
similar positions in the same grade or classification occupied 
by such former employees at the time of their retirement. 
Increases of retirement allowances made as authorized by 
this act shall be effective only for the period during which 



34 



Acts, 1945. — Chaps. 49, 50. 



Chap. 



G. L. (Ter. 
Ed.), 127, 
§ 129, etc., 
amended. 



Deduction 
for good 
conduct. 



Application 
of act. 



such temporary increase of salary or bonus, so called, pay- 
able to employees of said town is effective. 

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

Approved February 24, 1945. 

49 An Act relative to deductions from sentences of 
prisoners by reason of their good conduct, 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and twenty-nine of 
chapter one hundred and twenty-seven of the General Laws, 
as appearing in section two of chapter six hundred and ninety 
of the acts of nineteen hundred and forty-one, is hereby 
amended by striking out, in the twenty-second and twenty- 
third lines, the words "otherwise than concurrently, the 
aggregate of his several" and inserting in place thereof the 
words : — concurrently or otherwise, the maximum period of 
time for which he may be held under his, — so that the third 
sentence will read as follows : — If a prisoner has two or 
more sentences to be served concurrently or otherwise, the 
maximum period of time for which he may be held under his 
sentences shall be the basis upon which the deduction shall 
be determined. 

Section 2. This act shall not apply in the case of any 
prisoner serving a sentence imposed prior to the effective 
date of this act, if application of the provisions thereof 
would have the effect of making his punishment more severe. 

Approved February 24, 1945. 



Chap. 



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



Discharge 
of certain 
insane 
prisoners. 



50 An Act clarifying the provisions of law relative to 

the disposition of PRISONERS COMMITTED OR REMOVED 
TO HOSPITALS UNDER THE CONTROL OF THE DEPARTMENT 
OF MENTAL HEALTH. 

Be it enacted, etc., as follows: 

Section one hundred and five of chapter one hundred and 
twenty-three of the General Laws, as most recently amended 
by section two of chapter two hundred and sixteen of the 
acts of nineteen hundred and forty-one, is hereby further, 
amended by striking out, in the forty-eighth and forty- 
ninth lines, as appearing in chapter one hundred and thirty 
of the acts of nineteen hundred and thirty-six, the words 
"commissioner and superintendent of the institution, or" 
and inserting in place thereof the words: — superintendent 
of the institution, or the commissioner and, — so that the 
first paragraph will read as follows: — When, in the opinion 
of the superintendent of the state hospital to which a 
prisoner has been committed or removed under section one 
hundred, one hundred and three or one hundred and four, 
or of the commissioner and the medical director appointed 
under section forty-eight of chapter one hundred and twenty- 
five in case of commitment or removal to the Bridgewater 



Acts, 1945. — Chap. 50. 35 

state hospital, the mental condition of the prisoner is such 
that he should be returned to custody or to the penal in- 
stitution from which he was taken, he or they shall so certify 
upon the warrant or commitment, and notice, accompanied 
by a written statement regarding the mental condition of 
the prisoner, shall be given to the proper custodian or to 
the warden, superintendent, keeper or master, as the case 
may be, of such penal institution, who shall thereupon cause 
the prisoner to be reconveyed to such custodian, or to such 
penal institution, there to remain pursuant to the original 
sentence if committed or removed under section one hundred 
and three or one hundred and four, computing the time of 
his detention or confinement in the said hospital as part of 
the term of his imprisonment under such sentence; provided, 
that a prisoner committed or removed to a state hospital 
under section one hundred, one hundred and three or one 
hundred and four for his proper care or observation pending 
the determination of his insanity shall, unless found to be 
insane as hereinafter provided, be returned in the manner 
hereinbefore provided to the penal institution or custody 
whence so taken, not later than thirty-five days thereafter, 
but such prisoner shall in all other respects be subject to 
the provisions of this section. If a prisoner committed as 
insane under section one hundred, who has not been restored 
to sanity, is returned as aforesaid because in the opinion of 
the superintendent, or of the commissioner and said medical 
director, as the case may be, neither the public interest nor 
the welfare of the prisoner will be promoted by his further 
retention in the hospital, he or they shall so certify upon 
the warrant or commitment and shall append thereto a 
report relative to the prisoner's mental condition as affect- 
ing his criminal responsibility and the advisability of his 
discharge or temporary release from the penal institution 
or custody to which he is returned. If a prisoner, committed 
or removed under section one hundred, one hundred and 
three or one hundi'ed and four for his proper care or observa- 
tion as aforesaid, is found by the superintendent or by the 
commissioner and said medical director, as the case may be, 
to be insane, the finding shall be certified upon the warrant 
or commitment, and the superintendent of the institution, 
or the commissioner and said medical director, as the case 
may be, shall report the prisoner's mental condition to the 
court or judge issuing the warrant or commitment, or in 
case of the death, resignation or removal of the judge, to 
his successor in office, or in case of the absence or disability 
of the judge, to any judge or special justice of the same 
court, with the recommendation that the prisoner be com- 
mitted as an insane person. The court, judge or justice 
may thereupon commit the prisoner to an institution for 
the insane, if, in the opinion of the court, judge or justice, 
such commitment is necessary. The provisions of this sec- 
tion relative to the return to custody or to a penal institu- 
tion of a prisoner taken therefrom imder section one hun- 



36 



Acts, 1945. — Chaps. 51, 52. 



dred, one hundred and three or one hundred and four, shall 
apply, so far as apt, to a prisoner committed under this 
section. Approved February 24, 1943. 



Chap. 51 An Act establishing a form of certificate of party 

ENROLMENT TO BE USED BY VOTERS OBJECTING TO NOMI- 
NATION PAPERS FOR PRIMARIES. 

Be it enacted, etc., as follows: 

Section twenty-six of chapter fifty-three of the General 
Laws, as amended by section twelve of chapter three hun- 
dred and thirty-four of the acts of nineteen hundred and 
forty-three, is hereby further amended by adding at the 
end the following paragraph : — 

The certificate of enrolment shall be in substantially the 
following form: — 



G. L. (Ter. 
Ed.). 63, 
§ 26, etc., 
amended. ■ 



Certificate 
enrolment, 
form of. 



The Commonwealth of Massachusetts 



Certificate of Party Enrolmenl 
We hereby certify that 

a registered voter at 



(Name) 



(Street and Number) 

is an enrolled member of 



the 



(City or Town) 

Political Party. 



Clerk of or Board of 
Registrars of Voters 



Election Commissioners 
of 



Dated , 



(City-Town) 

Approved February 24, 1945. 



Chav. 52 An Act permitting instructions to be printed on the 

BACK OF absent VOTING BALLOTS. 

Be it enacted, etc., as follows: 

Section eighty-seven of chapter fifty-four of the General 
Laws, as amended, is hereby further amended by striking 
out subsection (a), as appearing in the Tercentenary Edition, 
and inserting in place thereof the following subsection : — 

(a) Official absent voting ballots, similar in all respect^ 



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



Official 
ab««nt vot- 
ing ballota. 



Acts, 1945. — Chaps. 53, 54. 37 

to the official ballot to be used at such election, except that 
they shall be printed on paper differing in color from that 
used for official or specimen ballots and except that instruc- 
tions referred to in subsection (e) may be printed on the 
back of such absent voting ballots. 

Approved February 24, 194^. 

An Act making certain corrections of a technical Chav. 53 

NATURE in the STATUTES RELATING TO TRUST COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Section seventy-five of chapter one hundred Ed^m"^' 
and seventy-two of the General Laws, as most recently § t's,' etc.," 
amended by chapter one hundred and ninety-three of the *°°^"^«'^- 
acts of nineteen hundred and forty-three, is hereby further 
amended by striking out the last sentence and inserting 
in place thereof the following sentence : — Notwithstanding Reserves 
the provisions of this section and of sections seventy-three ^^^i^^^ 
and seventy-four, the commissioner may by regulation in- time deposits, 
crease or decrease from time to time, in his discretion, the 
reserves required to be maintained against either demand or 
time deposits. 

Section 2. Section eighty of said chapter one hundred %^\^2' 
and seventy-two, as amended by section thirty-one of chapter § so," etc' 
three hundred and forty-nine of the acts of nineteen hundred *°^^°'^^'^- 
and thirty-four, is hereby further amended by striking out 
the next to the last sentence and inserting in place thereof 
the following sentence: — All debts due to any such corpora- Definition of 
tion on which interest is due and unpaid for a period of six ^^'^ •^*''*^- 
months, unless the same are well secured or in process of 
collection and reasonably certain of payment in full, shall 
be considered bad debts within the meaning of this section. 

Approved February 24, 1945. 

An Act authorizing the Middlesex county commis- Chav 54 
signers to acquire additional land for the pur- 

POSES OF the district COURT OF LOWELL AT LOWELL IN 
SAID COUNTY. 

Be it enacted, etc., as follows: 

Section 1, The county commissioners of Middlesex 
county are hereby authorized to acquire by purchase, or 
to take by eminent domain under chapter seventy-nine of 
the General Laws, additional land adjacent to the lands 
owned by the said county and used for the district court of 
Lowell in the city of Lowell in said county, and, for said 
purpose, said county commissioners may expend out of any 
appropriation for building county buildings and purchase of 
land a sum not exceeding six thousand dollars. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by the county commis- 
sioners of said county, but not otherwise. 

Approved February 24, 1945. 



38 



Acts, 1945. — Chaps. 55, 56. 



G. L. (Ter. 
Ed.), 53, § 3, 
etc., amended. 



Chap. 55 An Act requiring acceptance of nomination at pri- 
maries BY certain persons, WHOSE NAMES ARE NOT 
PRINTED ON THE BALLOT, TO BE FILED IN ADVANCE OF 
THE FINAL DETERMINATION OF THEIR NOMINATION. 

Be it enacted, etc., as follows: 

Section three of chapter fifty-three of the General Laws, 
as most recently amended by section one of chapter three 
hundred and thirty-four of the acts of nineteen hundred 
and forty-three, is hereby further amended by adding at 
the end the following sentence : — This section shall be con- 
strued to provide that written acceptance of such a nomina- 
tion at a primary shall be filed as aforesaid within the time 
herein limited, by any such person whose nomination is 
finally determined after the expiration of the time so limited, 
otherwise his name shall not be printed on the ballot at 
the ensuing election, — so as to read as follows: — Section 3. 
A person whose name is not printed on a state, city or town 
primary ballot as a candidate for an office, but who receives 
sufficient votes to nominate him therefor, shall file written 
acceptance 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. This section shall be construed to provide that 
written acceptance of such a nomination at a primary shall 
be filed as aforesaid within the time herein limited, by any 
such person whose nomination is finally determined after 
the expiration of the time so limited, otherwise his name 
shall not be printed on the ballot at the ensuing election. 

Approved February 24, 1945. 



Candidate 
whose name 
is not printed 
on primary 
ballot must 
accept nomi- 
nation to 
have name 
on ballot. 



Chap. 56 An Act to authorize the water commissioners of the 

TOWN OF MARSHFIELD TO ACT AS SEWER COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. In addition to the powers and duties con- 
ferred and imposed by chapter four hundred and five of the 
acts of nineteen hundred and twenty and other provisions 
of law upon the water commissioners established under sec- 
tion nine of said chapter four hundred and five, they shall 
have all the powers and duties conferred and imposed upon 
a board of sewer commissioners by general law. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of a majority of the voters of the town of 
Marshfield present and voting thereon at a legal town meet- 
ing called for the purpose within three years after its passage, 
but not otherwise. Approved February 2G, 1945. 



Acts, 1945. — Chaps. 57, 58. 39 



An Act temporarily confirming the power and author- QJi^r) 57 

ITY OF DOMESTIC INSURANCE COMPANIES, THEIR OFFICERS, 
DIRECTORS, EMPLOYEES AND AGENTS, TO PAY CERTAIN 
TAXES AND FEES, AND RELATING TO LIABILITY THEREFOR. 

Whereas, Domestic insurance companies transacting busi- Emergency 
ness in various states and territories of the United States p'"'''*"^'^^'^- 
and the District of Columbia, and poHtical subdivisions 
thereof, are required by the laws thereof to pay certain 
taxes and fees thereto, and, in view of recent decisions of 
the supreme court of the United States, there is a doubt, as 
yet unresolved specifically by final authority, as to the con- 
stitutionality of certain of such laws; and 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to enable such companies, their 
officers, directors, employees and agents, to continue with 
safety to pay the taxes and fees imposed by any of such 
laws until any such law has been declared unconstitutional 
by the supreme court of the United States, therefore it is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as folloios: 

Section 1. Every domestic insurance company and its 
officers, directors and agents and employees shall have power 
and authority to comply with any statute, ordinance or other 
law of any state or territory, including the District of Co- 
lumbia, or any political subdivision thereof, imposing any 
license, excise, privilege, occupation, premium or other tax 
or fee or deposit requirement and to pay such tax or fee 
and make such deposit unless prior to such payment such 
statute, ordinance or other law shall have been expressly 
held invalid by the supreme court of the United States. No 
such company, officer, director, employee or agent shall be 
subject to liability by .reason of any such compliance or 
payment either heretofore or hereafter made. 

Section 2. This act shall become inoperative on July 
first, nineteen hundred and forty-seven. 

Approved February 28, 1945. 



An Act exempting the a. c. lawrence leather com- (Jfiaj) 53 

PANY employees' BENEFIT ASSOCIATION FROM ALL PRO- 
visions of GENERAL AND SPECIAL LAWS RELATIVE TO 
INSURANCE AND TO FRATERNAL BENEFIT SOCIETIES. 

Be it enacted, etc., as folloios: 

The A. C. Lawrence Leather Company Employees' Bene- 
fit Association, estabfished under a deed of trust dated 
February second, nineteen hundred and twenty, is hereby 
exempted from all provisions of general and special laws 
relative to insurance and to fraternal benefit societies. 

Approved March 2, 1946. 



40 



Acts, 1945. — Chaps. 59, 60. 



Chap. 59 An Act to authorize the county of hampshiee to assist 

IN THE MAINTENANCE AND OPERATION OP AN ISOLATION 
HOSPITAL WITHIN SAID COUNTY. 

Be it enacted, etc., as folloivs: 

Section 1. The county commissioners of Hampshire 
county, for the purpose of furnishing the inhabitants of said 
county with the services of an isolation hospital within the 
county for the treatment and care of persons residing within 
their county ill with communicable, infectious or contagious 
diseases, dangerous to the public health, may expend such 
sums, not exceeding, in the aggregate, seven thousand five 
hundred dollars in any one calendar year, as may be appro- 
priated therefor. Said sum or sums shall be levied as a part 
of the county tax of said county for the then current year, 
and may be contributed towards the repair, equipment, oper- 
ating and maintenance expense of a hospital owned or leased 
by the city of Northampton. 

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

Approved March 2, 1945. 



Chap. 60 An Act establishing a division of self-insurance in 

THE DEPARTMENT OF INDUSTRIAL ACCIDENTS AND DEFIN- 
ING ITS POWERS AND DUTIES. 

pr^ambk^^ Whercas, The act of the general court passed in nineteen 

hundred and forty-three establishing the principle of self- 
insurance, so called, made no provision for the estabhshment 
within the department of industrial accidents of a division of 
self-insurance; and 

Whereas, There is urgent need of legislative authority for 
the establishment of such a division in order to specifically 
authorize certain officials and employees of said department 
to enforce the laws relative to self-insurance as soon as 
possible; and 

Whereas, The purpose of this act is to estabUsh immedi- 
ately within said department such a division, therefore this 
act is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 



G. L. (Ter. 
Ed.). 24, new 
§ 3B, 
inserted. 
Division of 
self-insurance. 



Be it enacted, etc., as follows: 

Chapter twenty-four of the General Laws is hereby 
amended by inserting after section three A, as appearing in 
the Tercentenary Edition, the following section : — Section 
SB. There shall be in the department and under its super- 
vision and control a division of self-insurance under a direc- 
tor, who shall have charge of said division. The department, 
with the approval of the governor and council, shall appoint 
said director and, with like approval, may remove him at 
any time for cause. Said division shall perform such of the 
functions of the department in relation to the administra- 
tion and enforcement of the provisions of chapter one hun- 



Acts, 1945. — Chap. 61. 41 

dred and fifty-two relating to self-insurance as the depart- 
ment may from time to time determine. The department 
may employ such emploj'ees to serve in said division as may 
be necessary. Approved March S, 1945. 



An Act relative to payments by savings banks and Qjki'q q\ 
co-operative banks for the expenses of memberships ^' 

in certain associations and for certain services 
and to certain charities for public purposes. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and sixty-eight of the g. l. (Xer. 
General Laws is hereby amended by striking out section ff^i^^li 
fifty-seven, added by section twenty-eight of chapter three amended.' 
hundred and thirty-four of the acts of nineteen hundred 
and thirty-three, and inserting in place thereof the following 
section : — Section 67. Any such corporation, by vote of Expenses of 
its board of investment, may become a member of an asso- [^^^^taTn*^'^ 
elation or associations organized for the purpose of protecting associations. 
and promoting the interests of savings banks and other 
banks, and may subscribe to a service or services estabUshed 
to protect or conserve the assets of banks, and may pay to 
such association or associations or for such a service or 
services its proportionate share of the expenses thereof, if in 
the opinion of the board of investment of such corporation 
such expenses are reasonable and necessary. Any such 
corporation may also by like vote contribute such sum or 
sums of money as said board may determine to be reasonable 
to any general fund being raised by a refief committee or 
agency approved by the commissioner of pubhc welfare as 
evidenced by a writing filed in his office, and formed for the 
purpose of raising money to be used for the betterment of 
social and economic conditions in the community where such 
corporation is established. No such corporation shall ex- 
pend in the aggregate for the purposes mentioned in this 
section in any one fiscal year, as determined by the com- 
missioner of banks, more than one half of one per cent of 
its income for the next preceding fiscal year, as so deter- 
mined. 

Section 2. Chapter one hundred and seventy of the g. l. (Ter. 
General Laws is hereby amended by striking out section i^s^'eu?; 
fifty-five, as appearing in chapter one hundred and forty- amended.' 
four of the acts of nineteen hundred and thirty-three, and 
inserting in place thereof the following section: — Section Membership 
55. Any such corporation may, by vote of a majority of its 0° a^lcfa- 
directors, become a member of a league or leagues or an tions, etc. 
association or associations organized for the purpose of 
protecting and promoting the interests of co-operative banks 
and similar institutions, and may subscribe to a service or 
services estabUshed to protect or conserve the assets of 
banks, and may pay to such league or leagues or association 
or associations or for such a service or services its propor- 



42 



Acts, 1945. — Chap. 62. 



tionate share of the expenses thereof, if in the opinion of a 
majority of its directors, such expenses are reasonable and 
necessary. Any such corporation may also by like vote 
contribute such sum or sums of money as said board may 
determine to be reasonable to any general fund being raised 
by a relief committee or agency approved by the commis- 
sioner of public welfare as evidenced by a writing filed in his 
office, and formed for the purpose of raising money to be 
used for the betterment of social and economic conditions 
in the community where such corporation is estabHshed. 
No such corporation shall expend in the aggregate for the 
purposes mentioned in this section in any one fiscal year, as 
determined by the commissioner, more than one half of one 
per cent of its income for the next preceding fiscal year, as 
so determined. Approved March 2, 1945. 



G. L. (Ter. 
Ed.). 54. 
§ 35A. etc., 
amended. 



Ballots for 
referendum, 
when used. 



Chap. 62 An Act relative to the casting of separate ballots 

ON CERTAIN QUESTIONS, WHERE VOTING MACHINES ARE 
USED. 

Be it enacted, etc., as follows: 

Section thirty-five A of chapter fifty-four of the General 
Laws, as amended by section five of chapter five hundred 
and eleven of the acts of nineteen hundred and forty-one, 
is hereby further amended by adding at the end the following 
sentence : — Such ballot shall be deposited by the voter in 
the ballot box provided in accordance with law, — so as 
to read as follows : — Section S5A . At poUing places at 
which voting machines are used, ballots cast by challenged 
voters, and absent voting ballots cast at elections where such 
voting is permitted by law, shall be deposited in the ballot 
boxes provided in accordance with law. For such poUing 
places, the state secretary or the city or town clerk, as the 
case may be, shall prepare, for the use of voters voting in 
person whose right to vote is challenged, official ballots 
marked "Challenged Ballots" in large type on the back 
thereof when folded, and may use for such purpose official 
absent voting ballots marked as aforesaid. Any such official 
absent voting ballot so used shall be an official ballot, as 
such term is used in section thirty-five B. For each such 
polling place, the officer aforesaid shall provide ballots so 
marked to a number not less than five for each hundred 
registered voters entitled to vote thereat. When the state' 
secretary shall determine that it is not feasible to have a 
question or questions submitted to the people under Article 
XLVIII of the amendments to the constitution with the 
required description or descriptions thereof appear on the 
voting machine, he shall prepare separate ballots containing 
such question or questions and provide such ballots for each 
such polling place, in accordance with section forty-five, to 
be used by the voters casting their votes by the use of the 
voting machine, and one such ballot shall be furnished to 



Acts, 1945. — Chaps. 63, 64. 43 

each voter as he prepares to cast his vote by the use of such 
a machine. Such ballot shall be deposited by the voter in 
the ballot box provided in accordance with law. 

Approved March 2, 1945. 



Chap. 63 



An Act further regulating the maintenance allow- 
ance FOR SHERIFFS ACTING AS MASTERS OR KEEPERS OF 
JAILS OR HOUSES OF CORRECTION, AND THE DISPOSITION 
OF THE FEES RECEIVED BY THE SHERIFFS OF DUKES AND 
NANTUCKET COUNTIES. 

Be it enacted, etc., as follows: 

Section seventeen of chapter thirty-seven of the General Sj^iJ^giy 
Laws, as appearing in the Tercentenary Edition, is hereby ameAded. 
amended by striking out all after the word "prisoners" in 
the seventh line and inserting in place thereof the following: 

— , together with such other maintenance as may be de- 
termined from time to time by the county personnel board, 

— so as to read as follows: — Section 17. The salaries of Salaries of 
sheriffs shall be paid by their respective counties and shall, 
except as hereinafter provided, be in full compensation for 

all services rendered both as sheriff and as master or keeper 
of the jail or house of correction. If a sheriff elects to act as 
master or keeper of the jail or house of correction and resides 
thereat, he shall be entitled to rent, heat and light, and such 
subsistence as he may desire out of the regular subsistence 
rations purchased for prisoners, together with such other 
maintenance as may be determined from time to time by the 
county personnel board. Approved March 2, 194-5. 

An Act relative to the time when mailing lists of fhnj) g4 

VOTERS are to BE FURNISHED TO THE STATE SECRETARY ^ ^ ' 
BY CERTAIN CITIES AND BY TOWNS. 

Be it enacted, etc., as folloios: 

Section fifty-three of chapter fifty-four of the General EJ^^^J^'j-gg 
Laws, as appearing in the Tercentenary Edition, is hereby amended. 
amended by striking out, in the third line, the word "sixty", 
and inserting in place thereof the word : — ninety, — and by 
striking out, in the thirteenth and fourteenth lines, the 
words "the following section" and inserting in place thereof 
the words : — section fifty-four, — so as to read as follows : 

— Section 53. The election commissioners in Boston at Measures 
least twenty-four days, and the registrars of voters in every undTrinitia- 
other city and town at least ninety days, before the biennial re]|rendum, 
state election, shall cause to be sent to the state secretary information' 
mailing Hsts of the voters whose names appear on the latest 
revised voting lists of their respective cities and towns, and List of 
shall promptly furnish him with subsequent additions to and hirnLhed. ^ 
corrections in the said lists. The secretary shall cause to 

be printed in type of a size not less than ten point and sent 
to each person whose name appears upon the said Usts, with 



44 



Acts, 1945. — Chap. 65. 



copies of the measures to which they refer and brief state- 
ments, prepared by the attorney general, of the provisions 
thereof, arguments for and against measures to be submitted 
to the people under the forty-eighth article of the amend- 
ments to the constitution, provided that the arguments are 
filed with him as provided in section fifty-four. 

Approved March S, 1945. 



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



Amendment 
of certain 
records. 



Chap. 65 An Act relative to the form of copies of birth rec- 
ords OF illegitimate children who have acquired 

THE STATUS OF LEGITIMATE CHILDREN. 

Be it enacted, etc., as folloios: 

Section thirteen of chapter forty-six of the General Laws, 
as amended, is hereby further amended by inserting after 
the word "record" the second time it occurs in the twenty- 
seventh line of the paragraph appearing in chapter fifty of 
the acts of nineteen hundred and forty-one, the following 
sentence: — If the corrected, amended or supplemented rec- 
ord is that of a person who has acquired the status of a 
legitimate child, the clerk shall not indicate on such copy 
that the record has been corrected, amended or supple- 
mented, — so that said paragraph will read as follows : — 

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



Acts, 1945. — Chap. 66. 46 

clerk shall not indicate on such copy that the record has 
been corrected, amended or supplemented. Such affidavit, 
or a certified copy of the record of any other town or of a 
written statement made at the time by any person since 
deceased required by law to furnish evidence thereof, may, 
in the discretion of the clerk, be made the basis for the rec- 
ord of a birth, marriage or death not previously recorded, 
and such copy of record may also be made the basis for 
completing the record of a birth, marriage or death not con- 
taining all the required facts. Approved March 2, 194-3. 



An Act relative to the making by banking institu- (Jfia't) 66 

TIONS OF LOANS INSURED BY THE FEDERAL HOUSING AD- 
MINISTRATOR. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and sixty-seven of the o. l. (Ter. 
General Laws is hereby amended by adding after section ne't^'j^s/^' 
fift}^, added by chapter thirty-seven of the acts of the cur- added, 
rent year, the following section: — Section 51. Subject to Loans issued 
such regulations as the commissioner of banks deems to be houslnrid- 
necessary or advisable in respect to trust companies, savings ministrator. 
banks, co-operative banks or credit unions, any trust com- 
pany, savings bank, co-operative bank or credit union or- 
ganized under the laws of this commonwealth is authorized: 
— (a) to make such loans and advances of credit to residents 
of the commonwealth and purchases of obligations repre- 
senting such loans and advances of credit to residents of 
the commonwealth as are insured by the federal housing 
administrator, and to obtain such insurance; (6) to make 
and acquire such loans secured by mortgages on real prop- 
erty in this commonwealth as the federal housing adminis- 
trator insures or gives commitments to insure, and to ob- 
tain such insurance; (c) to collect and apply payments due 
upon and otherwise to service any mortgage loan originated 
by it and insured by the federal housing administrator, and 
with respect to such mortgage loan to make agreements 
with any mortgagees approved by the federal housing admin- 
istrator to collect and apply payments due upon and other- 
wise to service any such mortgage loan. With respect to 
the obligation of any mortgage contract entered into under 
any provision of this section, for the life of said obhgation, 
no provision of law limiting the ratio of a mortgage loan to 
the value of the property or the term of the mortgage, or 
hmiting the power of any trust company, savings bank, co- 
operative bank or credit union to make loans other than 
those secured by mortgages upon real estate shall apply to 
loans made pursuant to this section and subject to regula- 
tions referred to herein, but nothing contained herein shall 
be deemed to abridge any power or authority conferred upon 
the commissioner of banks by any other proviaion of law. 
Notwithstanding the foregoing, a trust company may make 



46 Acts, 1945. — Chaps. 67, 68. 

mortgage loans hereunder within the geographical limits 
contained in section thirty-four of chapter one hundred and 
seventy-two. 
difte"*'^*^ Section 2. This act shall become operative on July 

second of the current year. Approved March 2, 194-5. 



(Imp. 67 An Act to make redeemable obligations of the united 

STATES ELIGIBLE INVESTMENTS FOR COMMON TRUST FUNDS. 

^reambiT^ T17iereas, The deferred operation of this act would postpone 

purchases of certain United States bonds by common trust 
funds and to that extent would impede the war effort, 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 folloios: 

Ed)"203A" Chapter two hundred and three A of the General Laws, 

new'iii, ' inserted by chapter four hundred and seventy-four of the 
^ ^'^' acts of nineteen hundred and forty-one, is hereby amended 

^biigaUons ^y adding at the end the following section: — Section 11. 
States eligible For purposcs of this chapter, obligations of the United 
States, which by their terms are redeemable by the United 
States, including, without limiting the generality of the 
foregoing. United States Savings Bonds Series G, shall be 
considered readily marketable. 

Approved March 5, 1945. 



investments. 



Chap. 68 An Act authorizing the city of salem to borrow money 

FOR THE PURPOSE OF ELIMINATION OF POLLUTION IN THE 
north RIVER. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of elimination of pollution 
in the North river, the city of Salem may borrow from time 
to time, within a period of five years from the passage of 
this act, such sums as may be necessary, not exceeding, in 
the aggregate, two hundred and fifty thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 
face the words, Salem Pollution Elimination Loan, Act of 
1945. Each authorized issue shall constitute a separate 
loan and such loans shall be paid in not more than thirty 
years from their dates. Indebtedness incurred under this 
act shall be inside the statutory Hmit of indebtedness and 
shall be subject to chapter forty-four of the General Laws, 
including the limitation contained in the first paragraph of 
section seven thereof, as amended. 

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

Approved March 5, 1945. 



Acts, 1945. — Chap. 69. 47 



An Act authorizing the simplex wire and cable com- (JfiQrt^ 69 

PANY TO CONSTRUCT AND MAINTAIN A BRIDGE OVER PACIFIC 
STREET AND TO CONSTRUCT AND MAINTAIN A BRIDGE OVER 
SIDNEY STREET IN THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. Upon petition, and after seven days' notice 
inserted in at least one newspaper published in the city of 
Cambridge and a public hearing thereon, the city council 
of said city, by a two thirds vote, with the approval of the 
city manager, may grant and issue a permit to Simplex Wire 
and Cable Company, a corporation duly established and 
existing under the laws of this commonwealth, its successors 
and assigns, to construct and maintain a bridge over Sidney 
street in said city and a bridge over Pacific street in said 
city at points where said corporation owns the land in fee 
on the opposite sides of said streets and also the fee in that 
part of said streets to be crossed by said bridges, for the 
purpose of connecting buildings owned and occupied by said 
corporation on opposite sides of said streets. Said permit 
shall be granted upon the condition of such ownership and 
such further conditions and subject to such restrictions as 
the city council may prescribe. Any permit granted here- 
under may be revoked by vote of said city council with the 
approval of the city manager. 

Section 2. The bridges constructed under a permit 
granted as aforesaid shall be constructed and maintained 
at a height not less than seventeen feet above the grade line 
of said streets, and shall not be more than ten feet in width. 
No parts of said bridges or their supports shall rest on the 
surface of said streets, nor shall any such bridge be con- 
structed or maintained over any portion of said streets not 
owned in fee by said corporation without the written con- 
sent of the owners of such portions in each instance filed 
with the said city council. Such consent of the city of Cam- 
bridge, if and when necessary, may be given by vote of 
said city council with the approval of the city manager. 

Section 3. If a traveler on the highway, while in the * 

exercise of due care, sustains bodily injury or damage in his 
property by reason of the construction or maintenance of 
either of said bridges, he may recover damages therefor in 
an action of tort brought in the superior court against said 
Simplex Wire and Cable Company, or its successors or as- 
signs, within one year after the date of such injury or dam- 
age; provided, that such notice of the time, place and cause 
of said injury or damage be given to said Simplex Wire and 
Cable Company, or its successors or assigns, by, or on behalf 
of, the person sustaining the same as is, under the provisions 
of chapter eighty-four of the General Laws, vaUd and suf- 
ficient in cases of injury or damage sustained by reason of a 
defect or a want of repair in or upon a way, if such defect 
or want of repair is caused by or consists in part of snow or 



Acts, 1945. — Chap. 70. 

ice, or both. The remedy herein provided shall not be exclu- 
sive, but shall be in addition to any other remedy provided 
by law. 

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

Approved March 5, 191^5. 



Chap. 70 An Act authorizing the simplex wire and cable com- 
pany TO maintain a bridge over pacific street in 

THE city of CAMBRIDGE. 

Be it enacted, etc., as folloivs: 

Section 1. Upon petition, and after seven days' notice 
inserted in at least one newspaper published in the city of 
Cambridge and a public hearing thereon, the city council of 
said city, by a two thirds vote, with the approval of the city 
manager, may grant and issue a permit to Simplex Wire 
and Cable Company, a corporation duly established and 
existing under the laws of this commonwealth, its successors 
and assigns, to maintain a bridge over Pacific street in said 
city, at a point where said corporation owns the land in 
fee on opposite sides of said street and also the fee in that 
part of said street crossed by said bridge, for the purpose 
of connecting buildings owned and occupied by said corpora- 
tion on opposite sides of said street. Said permit shall be 
granted upon the condition of such ownership and such 
further conditions and subject to such restrictions as the 
city council may prescribe. Any permit granted here- 
under may be revoked by vote of said city council with 
the approval of the city manager. 

Section 2. The bridge maintained under a permit 
granted as aforesaid shall be maintained in such manner 
that the bottom chord thereof shall be not less than seven- 
teen feet above the grade line of said street; and said struc- 
ture shall not be more than three and one half feet in width, 
and no part of said structure or its support shall rest on the 
surface of the street, nor shall any such structure be main- 
tained over any portion of said street not owned in fee by 
said Simplex Wire and Cable Company without written 
consent of the owner of such portions in each instance filed 
with the said city council. Such consent of the city of 
Cambridge, if and when necessary, may be given by vote 
of said city council with the approval of the city manager. 
Section 3. If a traveler on the highway, while in the 
exercise of due care, sustains bodily injury or damage in 
his property by reason of the construction or maintenance 
of said bridge, he may recover damages therefor in an action 
of tort brought in the superior court against said Simplex 
Wire and Cable Company, or its successors or assigns, 
within one year after the date of such injury or damage; 
provided, that such notice of the time, place and cause of 
said injury or damage be given to said Simplex Wire and 
Cable Company, or its successors or assigns, by, or on behalf 



Acts, 1945. — Chaps. 71, 72. 49 

of, the person sustaining the same as is, under the provisions 
of chapter eighty-four of the General Laws, vaUd and suffi- 
cient in cases of injury or damage sustained by reason of a 
defect or a want of repair in or upon a way, if such defect 
or want of repair is caused by or consists in part of snow 
or ice, or both. The remedy herein provided shall not be 
exclusive, but shall be in addition to any other remedy 
provided by law. 
Section 4. This act shall take effect upon its passage. 

Approved March 5, 1945. 

An Act relative to certain lines, conduits, cables and (JJid^ 7J 

OTHER EQUIPMENT OF THE NEW ENGLAND TELEPHONE ^' 
AND TELEGRAPH COMPANY AND THE AMERICAN TELEPHONE 
AND TELEGRAPH COMPANY IN THE CITY OF NEW BEDFORD. 

Be it enacted, etc., as folloivs: 

Section 1. All lines for the transmission of intelligence 
by electricity heretofore acquired or constructed by the New 
England Telephone and Telegraph Compan}- and the Ameri- 
can Telephone and Telegraph Company in the city of New 
Bedford, upon, along or under the public ways and places 
of said cit}^, and the conduits, cables and other fixtures neces- 
sary 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 there- 
for or any informality in the proceedings relative to their 
location and erection; provided, that the validation afore- 
said shall not be effective as to the lines, conduits, cables or 
fixtures aforesaid of said companies in said city unless said 
companies shall, not later than December thirty-first, nine- 
teen hundred and forty-six, file with the clerk of said city a 
map or maps showing the location and nature of said lines, 
conduits, cables, 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 March 6, 1945. 

An Act authorizing the county of Bristol to pay cer- Qfidrf 72 

TAIN BILLS of THE YEAR NINETEEN HUNDRED AND FORTY- 

four. 
Be it enacted, etc., as follows: 

The county of Bristol is hereby authorized to pay to 
Louis I. Young the sum of eleven hundred and sixty dollars 
and fifty cents and to Howard Tweedy the sum of thirteen 
hundred and twenty-seven dollars and fifty cents, for work 
performed and materials furnished for the Bristol County 
Agricultural School, said amounts to be paid out of the ap- 
propriation for said school for the year nineteen hundred 
and forty-four, an amount sufficient for this purpose having 
been reserved by the treasurer of Bristol county out of said 
appropriation. Approved March 5, 1945. 



50 Acts, 1945. — Chap. 73. 



Chap. 73 An Act authorizing cities and towns to borrow on 

ACCOUNT OF public WELFARE AND SOLDIERS' BENEFITS. 

Be it enacted, etc., as follows: 

Section 1. Subject to the provisions of this act, any 
city or town, 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 or selectmen and of the emergency 
finance board established under section one of chapter forty- 
nine of the acts of nineteen hundred and thirty-three, may 
borrow in each of the years nineteen hundred and forty-five 
and nineteen hundred and forty-six inside its limit of indebt- 
edness as prescribed by section ten of said chapter forty- 
four, for use only for meeting appropriations made or to Sg 
made for public welfare, including in such term old age 
assistance and aid to dependent children, and for soldiers' 
benefits to an amount not more than one half of one per 
cent of the average of the assessors' valuation of its taxable 
property for the three preceding years, such valuation to be 
reduced and otherwise determined as provided in said sec- 
tion ten of said chapter forty-four, and may issue bonds or 
notes therefor, which shall bear on their face the words 
(name of city or town) Municipal Relief Loan, Act of Nine- 
teen Hundred and Forty-five. Each authorized issue shall 
constitute a separate loan, and such loans shall be paid in 
not more than five years from their dates, as said board 
shall fix, and, except as herein provided, shall be subject to 
said chapter forty-four, exclusive of the limitation contained 
in the first paragraph of section seven thereof. 

Loans may be issued hereunder in the year nineteen hun- 
dred and forty-five or nineteen hundred and forty-six, as the 
case may be, only by a city or town which in such year has 
appropriated to be raised by taxation, or appropriated from 
available funds for the purposes enumerated in the preced- 
ing paragraph, an amount not less than the aggregate of its 
expenditures made in 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-five per cent of its expenditures made in said pre- 
ceding year for all public welfare purposes other than old 
age assistance, aid to dependent children and soldiefs' bene- 
fits, all as determined by the board. 

If a loan under authority of this act has been approved 
by said board during the year nineteen hundred and forty- 
five or nineteen hundred and fortj^-six for a city or town, 
the amount of any appropriation voted by such city or town 
for said year for public welfare, including in such term old 
age assistance, aid to dependent children and soldiers' bene- 
fits, shall not be reduced during said year by appropriation, 
transfer or otherwise, except with the written approval of 



Acts, 1945. — Chap. 74. 51 

the board. Whenever used in this act the words "Soldiers' 
Benefits" shall include state aid, military aid, soldiers' relief, 
soldiers' burials and war allowances. 

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 ai\v 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 emer- 
gency orders or ordinances in its charter, and shall be in full 
force and effect immediately upon final favorable action 
thereon b}- its city covmcil 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 anj" provision of general or special law or ordinance 
to the contrary; pro\nded, 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. 

Section 4. In any city a loan order under authority of 
this act may be passed by vote of two thirds of all the mem- 
bers of the city council, or of each branch thereof where there 
are two branches, exclusi\'e of those members who are in 
the military or naval forces of the United States and are not 
present at the meeting at which any such vote is taken at 
the time of the vote, notwithstanding any provision of law 
to the contrary. Approved March 5, 1945. 



An Act enabling counties, cities, towns and districts (^J^dp 74 

TO SECURE the BENEFITS PROVIDED BY THE FEDERAL GOV- 
ERNMENT to ASSIST THEM IN PUBLIC WORKS PROJECTS. 

I'e it enacted, etc., as follows: 

Section 1. The emergency finance board, established 
under section one of chapter forty-nine of the acts of nine- 
teen hundred and thirty-three, in this act referred to as 
the board, shall, in addition to the powers and duties other- 
wis(i conferred or imposed upon it, exercise and perform the 
powers and duties hereinafter conferred or imposed upon it, 
and the provisions of said section one relative to action by 
the board, shall apply in the case of action under this act. 
I'lach appointive member of the board, when acting under 
this act, shall receive from the commonwealth as compensa- 
tion, in addition to any sums otherwise so payable, for each 
day's attendance at board meetings, the sum of thirty dollars ; 
provided, that the total amount paid hereunder to any 
member for compensation as aforesaid shall not exceed three 
thousand dollars in any period of twelve months. 



52 Acts, 1945. — Chap. 74. 

The director of the division of accounts, and an assistant 
in said division designated by him, and the state treasurer 
shall, for each day's service rendered in connection with 
the work of the board under this act be paid thirty dollars 
in addition to his regular compensation; provided, that the 
total amount paid hereunder to said director or to said 
assistant or to said treasurer for compensation as aforesaid 
shall not exceed two thousand dollars in any period of twelve 
months. , 

The board may employ, subject to the approval of the 
governor and council, such experts and additional clerical 
assistance as it may require. 

Section 2. Any county, except Suffolk or Nantucket, 
if authorized by the county commissioners, or any city or 
town, including Boston and Worcester, if authorized by a 
two thirds vote as defined in section one of chapter forty- 
four of the General Laws, with the approval of the mayor 
in cities or of the selectmen in towns, and any district, with 
the approval of the prudential committee, commissioners 
or trustees, as the case may be, may engage in any useful 
public works project in cooperation with the federal govern- 
ment in any program authorized under any act or joint 
resolution of congress, but only in case such project is ap- 
proved, as hereinafter provided, by the board and by the 
governor, and in case the proper federal authorities have 
approved a grant or loan, or grant and loan, therefor of federal 
money under any act or joint resolution of congress. Such 
projects, so approved, shall be carried out in all respects 
subject to the provisions of said act or joint resolution and 
to such terms, conditions, rules and regulations not incon- 
sistent with applicable federal laws and regulations as the 
board may establish, with the approval of the governor, to 
ensure the proper execution of such projects.^ Any such 
county, city, town or district may accept and use for carry- 
ing out any project so approved any grant or loan, or any 
grant and loan, of federal funds under said act or joint 
resolution; and, for the purpose only of carrying out such 
■project, may borrow from the United States of America or 
other sources, or both, such sums as may be fixed by the 
board as hereinafter provided, and may issue bonds, notes 
or other forms of written acknowledgment of debt, for such 
terms and carrying interest at rates not exceeding such 
rates, as may be fixed by the board as hereinafter provided. 

Any city, town or district may borrow hereunder, for 
projects for which borrowings are authorized by section 
seven of said chapter forty-four of the General Laws and for 
other projects for which borrowings are not authorized by 
section eight of said chapter, amounts incurred under au- 
thority of this act, not exceeding, in the aggregate out- 
standing at any one time, one per cent of the average of the 
assessors' valuation of its taxable property for the three 
preceding years, reduced and otherwise determined as 
provided in section ten of said chapter, without affecting 



Acts, 1945. — Chap. 74. 

its future borrowing capacity, and in addition, after such 
limit of one per cent is reached, may so borrow therefor so 
much as may be required of any amount within its debt limit, 
as determined in accordance with said section ten, not then 
borrowed or authorized by such city, to\ATi or district to be 
borrowed; and any city, towTi or district may borrow here- 
under for projects of any class for which borrowings are 
authorized by section eight of said chapter, water projects 
being treated as a single class for the purposes hereof, 
amounts incurred under authority of this act, not exceeding, 
in the aggregate outstanding at anj'- one time, one per cent 
of the last preceding assessed valuation of such city, town 
or district A\ithout affecting its future borrowing capacity, 
and in addition, after such limit of one per cent is reached, 
may so borrow therefor so much as may be required of any 
amount authorized by said section eight for such class of 
projects not then borrowed or authorized by such city, 
towTi or district to be borrowed, and no borrowing hereunder 
for any project for which borrowings are authorized by said 
section eight shall be reckoned in determining the borrowing 
capacity of such city, town or district under said section 
ten. 

In case a loan shall represent borrowings both within and 
beyond either of the said special one per cent limits, and such 
loan shall be later reduced, through the retirement of bonds, 
notes or other forms of written acknowledgment of debt, 
or otherwise, such reduction shall be deemed to have been 
made wholly in respect of that portion of the loan which 
represented borrowing beyond the said special one per cent 
limit so long as any of the said portion remains outstanding. 
In fixing the periods for which monej^ may be borrowed 
hereunder for projects for which borrowings are not au- 
thorized by said chapter forty-four, the board shall be guided 
by the above limitations as applied to the provisions of said 
chapter applicable to like projects. 

The board shall fix the terrils of and maximum rates of 
interest on the bonds, notes or other forms of written 
acknowledgment of debt issued hereunder; which terms 
and rates of interest, in case of obligations to be issued to 
the United States of America, shall be fixed in accordance 
with the applicable federal laws and regulations and subject 
to the approval of the proper federal authorities. All the 
provisions of said chapter forty-four, exclusive of the limita- 
tion contained in the first paragraph of section seven thereof, 
that no loan shall be authorized unless a sum equal to twenty- 
five cents on each one thousand dollars of the assessed 
valuation of the city or town has been appropriated or voted 
to be raised by taxation, shall apply to any borrowing here- 
under by any city, town or district, including Boston and 
Worcester, except as hereinbefore provided and, in respect 
of any borrowing from the United States of America, except 
in so far as such provisions of law may be in confiict with 
applicable federal laws and regulations. 



54 Acts, 1945. — Chap. 74. 

Each county, city, town or district seeking the approval 
of any projects by the board shall submit to it all informa- 
tion required with respect to the financial condition of such 
county, city, town or district, its outstanding indebtedness 
within and without its limit of indebtedness, if any, the 
estimated cost of the project, the alleged necessit}^ therefor, 
and the proposed method of financing the same. In grant- 
ing or withholding its approval, the board shall take into 
consideration, among other things, the necessity of the 
proposed project, the ability of such county, city, town or 
district to finance the same, the extent to which the carrying 
out of the project will tend to relieve^ imernployment and 
the extent to which the maintenance of the project when 
completed will tend to increase or decrease the annual 
expenditures of such county, city, town or district and to 
increase or decrease the tax burden upon its inhabitants. 

Section 3. If a county, city, town or district shall have 
an agreement with the federal government whereby such 
government grants such county, city, town or district a 
sum of money to be used with funds provided by said county, 
city, town or district for a public works project, including 
defense public works projects, and shall be required primarily 
to pay that portion of the expense for which reimburse- 
ment is to be received from the grant, the treasurer of such 
county, city, town or district, with the approval of the 
county commissioners, mayor, selectmen, prudential com- 
mittee, commissioners, or trustees, as the case may be, in 
anticipation of the receipt of the proceeds of such grant, 
may incur debt, which, in the case of a city, town or district, 
shall be outside the debt limit, to an amount not exceeding 
the amount of the grant as shown by the grant agreement, 
and may issue notes therefor, payable in not exceeding one 
year from their dates. Any loan issued under this act for a 
shorter period than one year may be refunded by the issue 
of other notes maturing within the required period; pro- 
vided, 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. 
The treasurer of any county, cit}^ town or district which 
upon the effective date of tliis act has outstanding any 
temporary loan issued under authority of chapter eighty- 
two of the acts of nineteen hundred and thirty-eight or 
section two of chapter six hundred and thirty-nine of the 
acts of nineteen hundred and forty-one, or which thereafter 
issues any such temporary loan under authority of this act 
may, with the approval of the board, extend such temporar}' 
loan for a period or periods not exceeding, in the aggregate, 
one year beyond the term provided for an original loan by 
the act under which .such loan was made. 

Section 4. Any officer or department of a county, city, 
town or district charged with the duty of carrying out an}' 
project so approved, shall have, in addition to any powers 



Acts, 1945. -- Chap. 75. 55 

expressly given by anj'- statute, such powers as ma}' be 
determined and certified by the board to be proper and 
reasonably necessary to carry out such project, including the 
power to take property- by eminent domain on behalf of 
such county, city, town or district; provided, that no source 
of water supply and no works for sewage disposal shall be 
installed without first having the approval of the state 
department of public health. If such officer or department 
is aggrieved by such action, he or it may, within ten days 
after notice thereof, appeal to the governor, whose decision 
shall be final. The board is hereby authorized to make all 
necessary orders, rules and regulations and perform all 
necessary actions under this act; and none of such orders, 
rules, regulations and actions shall be declared inoperative, 
illegal or void for any omission of a technical nature in 
respect thereto. Nothing in this act shall require any action 
in contravention of applicable federal laws and rules and 
regulations nor preclude action in conformity therewith. 

Section 5. The governor is hereby authorized to take 
an}' and all steps necessary from time to time to enable 
counties, cities, towns and districts of this commonwealth 
to secure grants or loans, or grants and loans, of federal 
funds for public works, and the board is hereby directed 
to cooperate and assist him in every possible way. 

Section 6. Loans by counties, cities, towns and districts 
may be authorized under the provisions of this act until 
July first, nineteen hundred and forty-seven. 

Section 7. Part I of chapter three hundred and sixty- 
six of the acts of nineteen hundred and thirty-three, and 
acts in amendment thereof and in addition thereto, are hereby 
repealed provided, that this repeal shall not affect any 
action taken thereunder prior to the effective date of this 
act nor affect the vafidity of any bond, note or other written 
form of acknowledgment of debt lawfully issued thereunder 
and outstanding upon such effective date; but, to the fullest 
extent possible conformably to its terms, this act shall be 
construed as a continuance of the provisions of said Part I 
and not as a new enactment. Approved March 5, lOJi-h. 



An Act relating to the Massachusetts historical C///x/7>. 75 

society. 

He it enacted, etc., a.s follows: 

Section 1. Nothing in the ;ict of incorporation of The 
Massachusetts Historical Society, approved February nine- 
teenth, seventeen hundred and ninety-four, or in chapter 
forty-one of the acts of eighteen hundred and fifty-seven, 
shall prevent said society from electing resident members, 
associate members, corresponding members and honorary 
members under such conditions, upon such terms and in 
such numbers as said societ}- may from time to time pre- 
scribe by its by-laws. 



56 Acts, 1945. — Chaps. 76, 77. 

Section 2. This act shall take full effect upon its accept- 
ance by vote of said society, and the filing with the state 
secretary of a certified copy of stud vote, but not otherwise. 

Approved March 5, 19^5. 



Chap. 76 An Act kevivi.nc the immaculate conceptiox educa- 
tional ASSOCIATION, OF NEWBURYPORT, FOR CERTAIN 
PURPOSES. 

Be it enacted, etc., as follows: 

The Immaculate Conception Educational Association, of 
Newburyport, a charitable and reh&ious corporation, dis- 
sohed by section one of chapter two hundred and ninety- 
nine of the acts of nineteen himdred and thirty-one, is hereby 
revived, as of November twenty-fourth, nineteen hundred 
and fort>'-three, and for that day only, with the same powers, 
(hities and obligations as if said chapter had not been pas-sed; 
and the acts and proceedings of the officers and directors of 
said corporation acting as such whereby they purported to 
convey certain real estate in Newburyport by deed executed 
by Joseph L. Dunn, Clerk of said association to the Roman 
( 'atholic Archbishop of Boston, a corporation sole, and dated 
November twenty-fourth, nineteen hundred and forty-three, 
are hereby validated, ratified and confirmed. 

Approved Ma^xh 5, 1946. 



Cluij). 77 An Act to i.vcorporate the Massachusetts conoreca- 

TIONAL FUND. 

lie it enacted, etc., as follows: 

Section 1. JuHan D. Anthony, Burton S. Flagg, Roy A. 
Hovey, Donald P. Perry and Wilbur E. Rowell, their asso- 
ciates and successors, who shall be chosen as hereinafter 
described, are hereby made a corporation by the name of 
Massachusetts Congregational Fund, 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. Said corporation may establish one or more 
common trust funds for the purpose of furnishing invest- 
ments to itself, to the Massachusetts Congregational Con- 
ference and .Missionary- Society, hereinafter referred to as 
the Conference, to any church affiliated with the Conference 
and to any other charitahle organization, inchiding, without 
restricting the generaUty of the foregoing, any religious 
or educational organization, which the Conference, acting 
either directly or by its board of trustees, may approve as 
suitable t,o enjoy the privilege of so investing. 

Section 3. interests in such (H)imuon trust fund or funds 
shall be lawful investments for any part or all of any of the 
funds which said corporation, the C'onference or any such 



Acts, 1945. — Chap. 78. 57 

rhurch or approved organization holds tor jnvestiuent either 
as fiduciary or otherwise; provided, that in the case of funds 
held as fiduciary such investment will not be inconsistent 
with any special terms or conditions respecting the invest- 
ment of such funds which may attach thereto in particular 
cases. 

Section' 4. Said corporation shall have power to acquire, 
receive, hold in trust or otherwise, and manage all property 
in any amount necessary- or proper for any of the objects 
of said corporation, and to sell, convey, mortgage, or other- 
wise dispose of any property held by it; provided, that none 
of its income or profits shall ever be divided among its mem- 
bers or used or appropriated for other than charitable pur- 
poses, including, without restricting the generality of the 
foregoing, religious and educational purposes. 

Section 5. 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 until the first 
day of July, nineteen hundred and forty-five, and until their 
successors shall be chosen as hereinafter provided. 

Section 6. The terms of the members of said corpora- 
tion first chosen to succeed the persons named in the first 
section of this act shall begin on the first day of July, nine- 
teen hundred and forty-five. The by-laws of said corpora- 
tion shall specify the number of members and the terms for 
which they are respectively to be chosen. The members of 
said corporation, other than those named in the first section 
of this act, shall be elected by the board of trustees of the 
Conference and said board shall also fill .all vacancies oc- 
curring in the membership of said corporation; provided, 
that every person elected to membership in said corporation 
shall ha\'e been previoush' nominated by the then members 
thereof. No by-laws made by said corporation shall take 
effect until approved by the board of trustees of the Con- 
ference. Except as aforesaid, said corporation shall have 
all power to make by-laws now or hereafter enjoyed by 
charitable corporations under anj' and all general laws. 

Approved March 5, 1946. 



An Act relative to the recording of deeds of cities C7/ar>. 78 

AND towns conveying LAND ACQUIRED THROUGH FORE- 
CLOSURE OF TAX TITLES. 

He it enacted, etc., as follows: 

Chapter sixty of the General Laws is hereby amended by q. l. (Ter 
inserting after section seventy-seven, as amended, the fol- new'§^77A, 
lowing section: — Section 77 A. In case of the sale of land inserted. 
acquired by a city or town through foreclosure under any orTon'n after 
provision of this chapter, the purchaser shall be required as [°p^,rlw';;f 
a condition of the sale to authorize the official or officials 
executing the deed on behalf of the city or town to record 
the same, and the expense of such recording shall be paid 



58 Acts, 1945. — Chaps. 79, 80. 

by such purchaser. Such official or officials shall cause such 
deed to be recorded in the proper registry of deeds within 
fifteen days after the execution thereof. 

Approved March 5, 19j^5. 



Chap. 79 An Act authorizing the town of wareham to refund a 

CERTAIN SUM OF MONEY TO THE DUDLEY L. BROWN POST 
NO. 2846, VETERANS OP FOREIGN WARS, AND THE ONSET 
woman's CLUB. 

lie it enacted, etc., as follows: 

Section 1. The town of Wareham is hereby authorized 
to pay to the Dudley L. Brown Post No. 2846, Veterans 
of Foreign Wars, and the Onset Woman's Club the sum of 
four hundred and fifty dollars, as a refund of a portion of 
the beano license fee issued to them in nineteen hundred 
and forty-three, which license was cancelled by reason of 
the passage of chapter two hundred and sixty-seven of the 
acts of nineteen hundred and forty-three. 

Section 2. This act shall take full effect upon its accept- 
ance by vote of the inhabitants of the town of Wareham 
at an annual town meeting. Approved March 5, 1945. 



Cfiap. 80 An Act respecting the corporate powers of the old 

SOUTH church IN BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The Old South Church in Boston, incorpo- 
rated as of November fourth, nineteen hundred and forty, 
under sections forty-seven to fifty-four, inclusive, of chapter 
sixty-seven of the General Laws, ma}^ accept from the Old 
South Society in Boston, which was incorporated by chapter 
two hundred and twenty-nine of the acts of eighteen hun- 
dred and forty-five under the name of "Old South Church 
in Boston", a transfer of any property now or hereafter held 
by said society in trust or otherwise, and may hold such 
property for the same purposes and subject to the same 
uses and trusts as when held by said society. 

Section 2. Said church may hold real and personal 
property, including beneficial interests in real and personal 
property held by others, to a total amount not exceeding 
five million dollars. 

Section 3. This act shall not affect any existing require- 
ment of law that any particular property held in trust by 
said society may be transferred to said church only as 
authorized by a decree of a coin-t of competent jurisdiction. 

Section 4. This act shall take full effect on its accept- 
ance by vote of said chuich at its annual meeting or any 
other meeting called for the purpose and held before Janu- 
ary first, nineteen hundred and forty-six, and the fifing with 
the state secretary of a certified copy of said vote, but not 
otherwise. Approved March 6, 19^5. 



Acts, 1945. — Chaps. 8J, 82. 59 



An Act AirHORiziNG the establishmk.nt ok trtstee f '/^^^p ^| 

ACCOT^NTS IN CREDIT UNIONS. 

He it enacted, etc., as follows: 

Section ten of chapter one hundred and seventy-one of g^i- '^J^''- ^^^ 
tlie General Laws, as appearing in the Tercentenary Edition, amoncica.' 
is hereby amended b}' inserting after the word "deposits" 
in the twentieth Hne the following two sentences : — Sub- Tmsue 
ject to the foregoing limitations in respect to shares and rn*c'redk 
deposits which one person may own and requirements rela- unions. 
tive to notice, shares may be subscribed for and deposits 
may be accepted in the name of one person in trust for 
another, provided the name and residence of the beneficiary 
is disclosed, and such shares and deposits shall be carried 
in the name of the shareholder or depositor as trustee. 
Payments on account of said shares and deposits may be 
made to the trustee. In case of the death of the trustee, 
if no notice of the existence and terms of a trust other than 
as above has been given in writing to the corporation, thp 
then balance of said shares and deposits, with the dividends 
thereon, may be paid to the beneficiary or his legal representa- 
tive, and all paj-ments so made shall be valid payments. 

Approved March 5, 194-5. 



An Act relative to real estate mort(;a(;e loans by CJuip. 82 

CREDIT UNIONS. 

Be it enacted, etc., as follows: 

Section twent3-four of chapter one hundred and seventy- fj ' ■ 'J^^- 
one of the General Laws, as most recently amended by §'24.'ef'o.,' 
chapter one hundred and two of the acts of nineteen him- '^"'enried. 
dred and forty-one, is hereb}- further amended by striking 
out subdi\dsion (B), as appearing in the Tercentenary 
I'Mition, and inserting in place thereof the following 
subdivision : — 

(B) Loans Secured by Mortgages of Real Estate. 

A credit imion having assets of not more than seventy-- i^eai estate 
five thousand dollars may invest not more than fiftv per "oans^''^*' 
cent of the aggregate of its shares, deposits and guaranty 
fund, and a credit union having assets of more than seventy- 
five thousand dollars may in\'est not more than seventy 
per cent of said aggregate, in real estate mortgages, but the 
total liability of one member to it upon loans so secured 
shall not exceed five per cent of the assets of the credit 
union, nor shall it exceed eight thousan(i dollars. Such 
investments shall be made only as follows: 

L First mortgage loans upon improved real estate may 
be made in amounts not in excess of sixty per cent of the 
value of the property mortgaged, as determined b>' the 
credit committee. Every such loan shall be evidenced b}' 



60 Acts, 1945. — Chaps. 83, 84. 

a note payable upon demand or not more than three years 
from the date thereof. 

2. First mortgage loans upon luiimproved and unproduc- 
iive real estate may be made in amounts not in excess of 
fifty per cent of the value of the i)roperty mortgaged, as 
determined bj^ the credit committee. Every such loan 
shall be evidenced by a note payable upon demand or not 
more than three years after the date thereof. 

3. First mortgage loans upon improved real estate may 
be made in amoimts not in excess of eighty per cent, and 
second mortgage loans may be made upon such real estate 
in amounts which, together with the amount of the first 
mortgage on the same property, will not aggregate more 
than eighty per cent, of the value of the property mortgaged, 
as determined by the credit committee; provided, tliat 
every such first mortgage, or every such second mortgage 
and the hrst mortgage upon the same property, requires or 
require amortization of the indebtedness secured thereby 
by weekly, monthly or quarterly payments, such principal 
payments being at the rate of at least six per cent per annum 
and continuing at least until the balance or balances due 
thereon do not exceed sixty per cent of the then value of the 
propertj^ mortgaged. Approved March 6, 1945. 



Chap. 83 An Act defining the term "loaded shotgun or rifle" 

AS USED in laws RELATIVE TO INLAND FISHERIES, BIRDS 
AND MAMMALS. 

Be it enacted, etc., as follows: 

E(io,' iliT" Section one of chapter one hundred and thirty-one of the 

hl'Ju^A General Laws, as amended, is hereby further amended by 

inserting after the paragraph defining "Inland waters", as 
appearing in section two of chapter five hundred and ninety- 
nine of the acts of nineteen hundred and forty-one, the fol- 
lowing paragraph: — 

"Loaded shotgun or rifle", any shotgun or rifle having 
shells or cartridges in either the magazine or chamber thereof. 

Approved March 5, 1945. 



Minp 



( 'lidj). 84 An Act relative to the installation and use of 

VOTINC; MACHINES FOR PRIMARIES AND ELECTIONS IN THE 
CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Ed.KMr" Section thirty-four of chapter fifty-four of the General 

§34,' etc., Laws, as most recently amended by section two of chapter 
two hundred and eighty-one of the acts of nineteen hundred 
and thirty-eight, is hereby furthei- amended by striking out, 
in the second line, as appearing in section one of chapter 
two hundred and five of the acts of nineteen hundred and 
thirty-six, the word ''except" and inserting- in place thereof 



atnended. 



Acts, 1945. — Chap. S5. 61 

the word : — including, — so as to read as follows : - — Sec- \-otmg 
fion 34- Thp aldermen of a city, including Boston, or a ^^''^f"-''*'' 
town, may, at a meeting held at least ninety days before 
the primary or election at which voting machines are to be 
used, determine upon and purchase, or lease, one or more 
voting machines approved as provided in section thirty-two, 
and order the use thereof at primaries and elections of state, 
city or town officers in such city or town; and thereafter 
at all primaries and elections of state, city or town officers 
in that city or town, until otherwise orderi!d by the alder- 
men in a city, and the selectmen in a town, said machines 
shall be used at primaries and for voting for the officers to 
1)0 elected at such elections and for taking the vote upon 
(questions submitted to the voters. Notice of such deter- 
mination to use voting machines or to discontinue the use 
thereof shall be sent to the state secretary by the cit}' or 
town clerk within five days after such action. 

Approved March 5, 194-j- 



An Act authorizing the countv commissioners of the /t; o;- 

county of norfolk to provide adequate accommoda- '^^'p- ' '^ 
tions and facilities for the norfolk countv agri- 
cultural school at w'alpole. 

lie it enacted, etc., as follows: 

Section 1. For the purpose of providing adequate ac- 
commodations and facilities for the Norfolk county agri- 
cultural school at Walpole the trustees of said school and 
the county commissioners of Norfolk county, subject to the 
approval of the commissioner of education, may construct 
and originally furnish and equip a new dormitory, and an 
addition to the existing agricultural school building. 

Section 2. For the purpose aforesaid the treasurer of 
said county, with the approval of the county commissioners, 
may borrow upon the credit of the county such sums as may 
be necessary, not exceeding, in the aggregate, three hundred 
and nineteen thousand dollars, and may issue bonds or notes 
of the county therefor which shall bear on their face the 
words, Norfolk County Agricultural School Loan, Act of 
1945. Each authorized issue shall constitute a separate loan 
and such loans shall be payable not more than ten years 
from their dates. The bonds or notes shall be signed by 
the county treasurer and countersigned by a majority of 
the county commissioners. The county may sell the said 
securities at public or private sale, upon such terms and 
conditions as the county commissioners may deem proper, 
l.>ut not for less than their par value. Indebtedness incurred 
hereunder shall, except as herein provided, be subject to 
chapter thirty-five of the General Laws. The county treas- 
urer, with the approval of the county commissioners, may 
issue temporary notes of the county, payable in not moie 
than one year from their date, in anticipation of the issue 



62 Acts, 1945. — Chap. 86. 

of serial bonds or notes iindor this act, but the time within 
which such serial bonds or notes shall become due and pay- 
able shall not, by reason of such temporary notes, be ex- 
tended beyond the time fixed by this act. Any notes issued 
in anticipation of the serial bonds or notes shall be paid 
from the proceeds thereof. 

Section 3. Any sums received from the federal govern- 
ment for the purposes of this act, and from the sale of 
.s(^curities held in the post-war rehabilitation fund estab- 
lished by chapter five of the acts of nineteen hundred and 
forty-three, may be applied towards payments either of the 
expenditures authorized by section one of this act or of the 
principal of the bonds or notes hereby authorized. 

Section 4. This act shall take full effect upon its ac- 
ceptance within two years by the county commissioners of 
the county of Norfolk, but not otherwise. 

Approved March 5, 1946. 



Chap. 86 An Act authorizino the county commissioners ok the 

COUNTY OF NORFOLK TO PROVIDE ADRQUATE ACCOMMODA- 
TIONS AND FACILITIES FOR THE PROBATE COURT A\l) 
REGISTRY OF DEEDS AT DEDHAM. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of jiroviding adequate 
accommodations and facilities for the probate court and 
registry of deeds at Dedham the county conmiissioners of 
Norfolk county may construct and originally furnish and 
equip additions to the existing registry of deeds building 
in said town. 

Section 2. For the purpose aforesaid the treasurer of 
said county, with the approval of the county commissioners, 
may borrow upon the credit of the county such sums as 
may be necessary, not exceeding, in the aggregate, one 
hundred and ninety thousand dollars, and may issue bonds 
or notes of the county therefor which shall bear on their 
face the words, Norfolk County Probate Court and Registry 
of Deeds Loan, Act of 1945. Each authorized issue shall 
constitute a .separate loan, and such loans shall be payable 
not more than ten years from their dates. The bonds or 
notes shall be signed b}' the county treasurer and counter- 
signed by a majority of the county commissioners. The 
county may sell the said securities at public or private sale, 
upon such terms and conditions as the county commissioners 
may deem proper, but not for less than their par value. 
Indebtedness incurred hereunder shall, except as herein 
provided, be subject to chapter thirty-five of the General 
Laws. The county treasurer, with the approval of the 
coimty cojnmissioners, may issue temporary notes of the 
county, payable in not more than one year from their date, 
in anticipation of the issue of serial bonds or notes under 
this act, but tlie time within which such .serial bonds or 



Acts, 1945. — Chaps. 87, 8S. 68 

notes shall become due and pa3'able shall not, by reason of 
such temporary notes, be extended beyond the time fixed 
by this act. Any notes issued in anticipation of the serial 
bonds or notes shall be paid from the proceeds thereof. 

Section 3. Any sums received from the federal govern- 
ment for the purposes of this act, and from the sale of securi- 
ties held in the post-war rehabilitation fund established 
by chapter five of the acts of nineteen hundred and forty- 
three, may be applied towards payments either of the ex- 
penditures authorized by section one of this act or of the 
principal of the bonds or notes hereby authorized. 

Section 4. This act shall take full effect upon its accept- 
ance within two years b}^ the county commissioners of 
Norfolk county, but not otherwise. 

Approved March 5, 1945. 



Chap. 87 



An Act ref.ative to employment of women in certain 
establishments shortly before confinement. 

He it enacted, etc., as follows: 

Chapter one hundred and forty-nine of the General Laws g. l. (Ter. 
is hereby amended by striking out section fifty-five, as ap- f^,^;,,]^^- ^ ^•''• 
pearing in the Tercentenary Edition, and- inserting in place 
thereof the following section : — Section 55. No female per- Employment 
son shall knowingly be employed in laboring in a mercan- ghoTtTy before 
tile, manufacturing or mechanical establishment within four and after 
weeks before or four weeks after childbirth. The foregoing forwafie'f."* 
provision shall be included in the notice with regard to the 
employment of women required to be posted in such estab- 
lishments. Approved- M arch 6, 1945. 



An Act relative to the limitation upon the liabilities phf,,.. qq 

OF A PERSON TO A TRUST COMPANY WHEN SECURED BY I • ^ 

obligations of the UNITED STATES. 

Be it enacted, etc., as follows: 

Section forty of chapter one hundred and seventy-two of ^j^{I,^'"- 
the General Laws, as amended by section two of chapter four § 40,' etc",' 
hundred and eighty-four of the acts of nineteen hundred and '^"'«"''''d- 
forty-one, is hereby further amended by inserting after the 
word "but" in the twelfth line the words: — any such limi- 
tation shall be increased to one fourth part of the total of 
the surplus account and the paid up capital stock of the 
corporation in the case of any borrower whose liabilities in 
excess of such limitation are secured by at least an equal 
par value of obligations of the United States, — and by 
striking out, in the same line, the word "the" and insert- 
ing in place thereof the word: — The, — so as to read as 
follows : — Section 40. The total liabilities of a person, in- Liability of 
eluding in the liabilities of a firm the liabilities of its several s^.^to^trSst' 
members, for money borrowed from and drafts drawn on company 

' "^ limited. 



64 Acts, 1945. — Chap. 89. 

any such corporation having a capital stock of five hundred 
thousand dollars or more shall at no time exceed one fifth 
part of the total of the surplus account and the paid up 
capital stock of such corporation, and such total liabiUties 
to any such corporation having a capital stock of less than 
five hundred thousand dollars shall at no time exceed one 
fifth part of the paid up capital stock of the corporation, or 
one tenth part of the total of the surplus account and the 
paid up capital stock of the corporation; but any such limi- 
tation shall be increased to one fourth part of the total of 
the surplus account and the paid up capital stock of the 
corporation in the case of any borrower whose liabilities in 
excess of such limitation are secured by at least an equal 
par value of obligations of the United States. The discount 
of bills of exchange drawn in good faith against actually 
existing values, and the discount of commercial paper or 
business paper actually owned by the person negotiating it, 
shall not be considered as money borrowed. The total lia- 
bilities to any one such corporation of any foreign govern- 
ment or political subdivision thereof shall not exceed one 
tenth part, and the total liabilities of all foreign govern- 
ments and political subdivisions thereof to any one such 
corporation shall not exceed one fifth part, of the total of 
its surplus account and paid up capital stock. The total 
liabilities to any one such corporation of any state of the 
United States other than this commonwealth, or of any 
political subdivision of any such state, shall not exceed one 
tenth part of the total of the surplus account and paid up 
capital stock of the corporation. The limitations contained 
in this section shall not apply to investments in obligations 
which are unconditionally guaranteed as to the payment of 
principal and interest by the United States. 

Approved March 6, 1945 



Chap. 89 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 prior to the year nineteen hundred 
and forty-four, the total of such bills being one thousand 
five hundred and thirty-two dollars and five cents as shown 
by a list filed in the office of the director of accounts in the 
department of corporations and taxation, as are legally unen- 
forceable 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, or for any other reason. 

Section 2. No bill shall be paid under authority of this 
act unless and until a certificate has been signed and filed 



Acts, 1945. — Chaps. 90, 91. 65 

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. 

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 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 March 9, 1945. 



An Act authorizing the expenditure of money by (jJiQ/p qq 

THE COUNTY OF DUKES COUNTY AND THE TOWNS THEREOF 
FOR THE DESTRUCTION OF RODENTS. 

Be it enacted, etc., as follows: 

Section 1. In order to protect food supplies, agricultural 
produce, growing crops, live stock, manufactured goods and 
buildings and safeguard the public health in the county of 
Dukes county, the county commissioners of said county 
may, subject to appropriation, expend annually sums, not 
exceeding thirty-five hundred dollars, for the purpose of tak- 
ing necessary measures to destroy or to" control, rats, mice 
and woodchucks, and such other rodents, not protected by 
law, as they may from time to time determine should be 
destroyed or controlled for any such purpose. In perform- 
ing such duties said county commissioners may, by them- 
selves or by their authorized agents, with the consent of the 
owner or tenant, enter upon private premises for any of such 
purposes at any reasonable time. The several towns in the 
county of Dukes county may appropriate money for the 
above named purposes to be expended in co-operation with 
the county commissioners or under the direction of the board 
of health or the selectmen. Section eighty-seven of chapter 
one hundred and thirty-one of the General Laws shall not 
apply to the destruction of rodents under this section. 

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

Approved March 9, 1945. 



An Act to authorize the placing of offices, positions (Jfiav Ql 

AND employments IN THE HIGHWAY DEPARTMENT OF THE 
TOWN OF MONTAGUE UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The offices, positions and employments in 
the highway department of the town of Montague shall, 
upon the effective date of this act, become subject to the 



66 Acts, 1945. — Chap. 92. 

civil service laws, and the rules and regulations made there- 
under. The permanent incumbent on said effective date 
of every such office and position classified in the official 
service shall be subjected to a non-competitive qualifying; 
examination for such office or position by the division of 
civil service of the department of civil service and registra- 
tion. If such an incumbent passes said examination, he 
shall be certified for said office or position and shall be deemed 
to be permanently appointed thereto without serving any 
probationary period, and his tenure of office, as well as the 
tenure of office of any subsequent incumbent of said office or 
position, shall be unlimited, subject, however, to the pro- 
visions of said civil service laws. If such an incumbent does 
not pass such non-competitive qualifjdng examination, he 
may continue to serve in said office or position, but shall not 
be subject to the provisions of said civil service laws. The 
tenure of office of permanent employees in the labor service 
of said department of said town shall be imlimited, subject, 
however, to said laws; but the permanent employees in such 
labor service on said effective date may continue to serve as 
such. 

Section 2. This act shall be submitted to the voters of 
said town at the annual town meeting in the year nineteen 
hundred and forty-six in the form of the following question, 
which shall be placed upon the official ballot to be used for 
the election of town officers at said meeting: — "Shall an 
act passed by the "general court in the year nineteen hun- 
dred and forty-five, entitled 'An Act to authorize the plac- 
ing of offices, positions and employments in the highway 
department of the town of Montague under the civil service 
laws', be accepted?" If a majority of the votes cast in 
answer to said question is in the affirmative, then this act 
shall thereupon take full effect, but not otherwise. 

Approved March 9, 19J^5. 



C/inf). 92 An Act fixing standard weights of containers for 

CERTAIN FLOURS, MEALS AND OTHER GRAIN PRODUCTS. 

Be it enacted, etc., as follows: 

KiV /'"■ Section 1. Chapter ninety-four of the General Laws is 

ti'rwV*i74A. hereby amended by inserting after section one hundred and 
iMsoricd. seventy-four, as appearing in the Tercentenary Edition, the 

standard following sectiou: — Section 17Ji.A. No person shall pack 

wntainers for for salc, sell, offcr Or cxpose for sale in this commonwealth, 
prwfuotr^'" except in containers of net avoirdupois weights of two, five, 
ten, twenty-five, fifty and one hundred pounds, and mul- 
tiples of one hundred pounds, any of the following commodi- 
ties : — wheat flour, self-rising wheat flour, phosphated wheat 
flour, bromated flour, enriched flour, enriched self-rising flour, 
enriched bromated flour, corn flour, corn meals, hominy and 
hominy grits; provided, that this section shall not apply to 
(a) the retailing of flours, meals, hominy and hominy grits 



Acts, 1945. — Chap. 93. 67 

direct to the consumer from bulk stock, or (h) the sale of 
flours and meals to commercial bakers or blenders or for 
export in containers of more than one hundred pounds, or 

(c) flours, meals, hominy and hominy grits packed in car- 
tons the net contents of which are less than five pounds, or 

(d) the exchange of wheat for flour by mills grinding for toll. 
Whoever violates any provision of this section shall be pun- 
ished b}^ a fine of not less than twenty-five nor more than 
five hundred dollars. 

Section 2. Section one hundred and seventy-five of said KdV'oJ'l' 175, 
chapter ninety-four, as so appearing, is hereby repealed. rcpoui.Ki'. 

Approved March 9, 1945. 



An Act to authorize the town of oran(;e to establish (^jkid \y.\ 
a board of commissioners for the management of 
the municipal airport, and definino the powers and 
duties of said board. 

Be it enacted, etc., as follows: 

Section 1. There is hereby established in the town of 
Orange a board, consisting of five commissioners, to have 
the custody, care and management of the airport owned by 
the town. The initial members of said board shall be elected 
by official ballot, one to serve for one year, two to serve for 
two years each, and two to serve; for three years each, from 
the date of the annual town election at which they are elected, 
and thereafter, when the term of any member expires, his 
successor shall be so elected to serve for three years. In all 
cases the members shall serve until their successors are 
qualified. 

The members of the board shall, forthwith after each elec- 
tion, elect one of its members to act as chairman for th(; 
ensuing year. 

Anj'^ vacancy in said board may be filled in the manner 
provided by section eleven of chapter forty-one of the Gen- 
eral Laws, and the person so appointed shall perform the 
duties of the office until the next annual meeting of said 
town. 

Section 2. The board may make rules and regulations 
for the use of the airport and may let or lease the same or 
any part thereof for a period not to exceed ten years, and, 
with the approval of the town, for such longer period not 
exceeding twenty years as the town may vote. 

Section 3. The board shall appoint and fix the salary 
of all the employees appointed or employed by it subject to 
the appropriations voted by the town. 

Section 4. This act shall take effect upon its acceptance 
by a majority of the voters of the town of Orange present 
and voting thereon at a town meeting called for the purpose 
within three years after its passage; but the number of 
meetings so called in any one j^ear shall not exceed three. 

Approved March 9, 1945. 



68 Acts, 1945. — Chap. 94. 



Chap, 94 An Act authorizing the town of weymouth to con- 
struct AND operate a SYSTEM OF SEWERS. 

Be it enacted, etc., as follows: 

Section 1. The town of Weymouth may lay out, con- 
struct, maintain and operate a system or systems of main 
drains and common sewers for a part or the whole of its 
territory, with such connections and other works as may be 
required for a system of sewage disposal, and ma}'^ construct 
such sewers or drains over and under land in said town as 
may be necessary to conduct the sewage to the south metro- 
politan sewerage system, and, for the purpose of pro\'iding 
better surface or other drainage, may make, lay and main- 
tain such drains as it deems best. And for the purposes 
aforesaid, the town may, within its limits, make and main- 
tain sub-drains, and, with the approval of the department of 
}Miblic health, discharge the water from such sub-drains into 
any brook, stream or water course within the town. 

Section 2. The town may make and maintain, in any 
way therein where main drains or common sewers are con- 
structed, such connecting drains, under-drains and sewers 
within the limits of such way as may be necessary to connect 
any estate which abuts upon the way. 

Section 3. The board of sewer commissioners, acting for 
and on behalf of said town, may take by eminent domain 
under chapter seventy-nine of the General Laws, or acquire 
b}^ purchase or otherwise, any lands, water rights, rights of 
way or easements, public or private, in said town, necessary 
for accomplishing any purpose mentioned in this act, and 
may construct such main drains and sewers, sub-drains and 
imder-drains under or over any bridge, railroad, railway, 
boulevard or other public way, or within the location of any 
railroad, and may enter upon and dig up any private land, 
public land or railroad location, for the purpose of laying 
such drains and sewers and of maintaining and repairing the 
same, and may do any other thing proper or necessary for 
the purposes of this act; provided, that they shall not take 
in fee any land of a railroad corporation, and that they 
shall not enter upon or construct any drain or sewer within 
the location of any railroad corporation except at such time 
and in such manner as they may agree upon with such cor- 
poration, or, in case of failure to agree, as may be approved by 
tlie department of public utilities. 

Section 4. Any person injured in his property by any 
action of said board of sewer commissioners under this act 
may recover damages from said town under said chapter 
seventy-nine. 

Section 5. The town shall by vote determine whether 
it shall pay the whole or a portion of the cost of said system 
or systems of sewerage and sewage disposal and, if a portion, 
what proportion. If the town votes to pay less than the whole 
cost, in providing for the payment of the remaining portion 



Acts, 1945. — Chap. 94. 69 

of the cost of said system or systems the town may ;ivail 
itself of any or all of the methods permitted by general laws 
and the provisions of said general laws relative to the assess- 
ment, apportionment, division, reassessment, abatement and 
collection of sewer assessments, to liens therefor and to in- 
terest thereon, shall apply to assessments made under this 
act. At the same meeting at which it determines that any 
portion of the cost 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. The collector 
of taxes of said town shall certify the payment or payments 
of such assessments or apportionments thereof to the said 
board who shall preserve a record thereof. 

Section 6. For the purpose of paying the necessary ex- 
penses and liabilities incurred under this act, other than 
expenses of maintenance and operation, the town may bor- 
row such sums as may be necessary, not exceeding, in the 
aggregate, five hundred thousand dollars, and may issue 
bonds or notes therefor, which shall bear on their face, the 
words, Wej^mouth Sewerage Loan, Act of 1945. Each au- 
thorized issue shall constitute a separate loan. Indebted- 
ness incurred under this act shall be in excess of the statu- 
tory limit, but shall, except as provided herein, be subject 
to chapter forty-four of the General Laws. 

Section 7. The receipts from sewer assessments and 
from payments made in Heu thereof shall be appropriated 
for and applied to the payment of charges and expenses in- 
cident to the maintenance and operation of said system of 
sewerage and sewage disposal or to the extension thereof, 
to the payment of interest upon bonds or notes issued for 
sewer purposes or to the payment or redemption of such 
bonds or notes. 

Section 8. The board of sewer commissioners may annu- 
ally appoint a clerk and may appoint a superintendent of 
sewers who shall not be a member of the board. It may 
remove the clerk or superintendent at its pleasure and shall 
define their duties. Said board may, at its discretion, pre- 
scribe for the users of said sewer system or systems such 
annual rentals or charges based upon the benefits derived 
therefrom as it may deem proper, subject, however, to such 
rides and regulations as may be fixed by vote of the tow^n. 

Section 9. All contracts made by the board of sewer 
commissioners shall be made in the name of the town and 
shall be signed by the board, but no contract shall be made 
or obligation incurred by said board for any purpose in ex- 
cess of the amount of money appropriated by the town 
therefor. 

Section 10'. Said board may, from time to time, pre- 
scribe rules and regulations for the connection of estates and 
buildings with main drains and sewers, and for the inspec- 
tion of materials, the construction, alteration and use of all 
connections and drains entering into such main drains or 
sewers, and may prescribe penalties, not exceeding twenty 



70 Acts, 1945. — Chap. 95. 

(iollai's, for (^ach violation of any such rule or regulation. 
Such rules and regulations shall be published at least once 
a week for three successive weeks in some newspaper pub- 
lished in the town of Weymouth, if any there be, and if not, 
then in some newspaper published in the county of Norfolk, 
and shall not take effect until such publications have been 
made. 

Section 11. No act shall be done under authority of 
the preceding sections, except in the making of surveys and 
other preliminarj^ investigations, until the plans of said 
.system of sewerage and sewage disposal have been approved 
by the department of public health. Upon application to 
said department for its approval, it shall give a hearing, after 
due notice to the public. At such hearing, plans showing in 
detail all the work to be done in the construction of said 
system of sewerage and sewage disposal shall be submitted 
for approval by said department. 

Section 12. Chapter forty-seven of the acts of nineteen 
hundred and thirty-four is hereby repealed, and the action 
of the town of Weymouth in accepting said act is hereby 
voided as of the effective date of this act. 

Section 13. This act shall be submitted for acceptance 
to the legal voters of said town at an annual or special town 
meeting called for the purpose held within five years after 
its passage and, if not accepted theretofore, may be resub- 
mitted within said period, in the form of the following ques- 
tion, which shall be placed upon the official ballot used for 
the election of town officers at an annual meeting, or on a 
ballot if submitted at a special meeting: — "Shall an act 
passed by the general court in the year nineteen hundred 
and forty-five, entitled 'An Act authorizing the town of 
Weymouth to construct and operate a system of sewers ', be 
accepted?" If a majority of the votes cast on said ques- 
tion is in the affirmative this act shall thereupon take full 
effect, but not otherwise. No expenditure shall be made and 
no liability incurred hereunder until such acceptance. 

Approved March 9, 1945. 



( 'hup. 95 An Act authorizing the town of westwood to acquire 

THE CEMETERY LOCATED IN SAID TOWN, KNOWN AS THE 
WESTWOOD CEMETERY, AND MAINTAIN THE SAME AS A 
PUBLIC CEMETERY. 

Be it enacted, etc., as follows: 

Section 1. The Westwood C'emetery Association, a cor- 
poration duly incorporated by law and situated in the town 
of Westwood, and the First Parish of Westwood, a corpora- 
tion duly incorporated by law and situated in said town, 
may, by deeds duly executed, convey and transfer to said 
town, and said town is hereby authorized and empowered to 
recei\ e, and thereafter to hold and maintain, but for ceme- 
tery purposes only, and subject to all rights heretofore exist- 



Acts, 1945. — Chap. 95. 71 

inj? in any burial lots, all the right, title and interest held 
by said corporations, respectively, in and to the cemetery 
located in said town and known as th<» Westwood Cemetery, 
not subject to any trust, and thereupon, and upon the trans- 
fer of the trust funds as hereinafter provided, the Westwood 
Cemetery Association shall be dissolved; and the said ceme- 
tery shall be and become a public burial place, ground or 
(lemetery. 

Section 2. In so far as authorized b}^ a decree of a court 
(jf competent jurisdiction and in compliance with the terms 
and conditions of such decree, said town may receive a con- 
veyance and transfer of, and administer, all funds or other 
property held by the said First Parish of Westwood in trust 
for the perpetual care of the lots in said cemetery and all 
funds or other property held by said Westwood Cemetery 
Association for said purpose and for other purposes, and 
also any property devised or bequeathed to said corpora- 
tions, or either of them, for the purposes of said cemetery, 
under the will of any person living at the time of said trans- 
fer or conversance 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 au- 
thority of section thirtj^-seven or thirty-eight of chapter one 
hundred and sixtj^-eight of the General Laws, or with any 
other banking institution, for the benefit of said Westwood 
Cemetery Association, or of said First Parish in Westwood, 
in relation to its right, title and interest in and to said ceme- 
tery, or for the benefit of any lots in said cemetery, may, 
after such conveyance, be paid l)y such bank or institution 
to the treasurer of said town; and upon such payment 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 b}^ said town under authority of this act, 
and all rights now held in said cemetery by the town, shall 
be held and managed by said town in the same manner in 
which cities and towns are authorized b}' law to hold and 
manage property for cemetery purposes; provided, that all 
rights which an}^ persons have acquired in said cemetery, 
or any lots therein, shall remain in force to the same ex- 
tent as if this act had not been passed and such transfer 
had not occurred. The records of said Westwood Cemetery 
Association, and the records of said First Parish in West- 
wood relating to said cemetery, shall be delivered to the 
clerk of said town, and such clerk may certify copies thereof. 

Section 4. This act shall take full effect upon its accept- 
ance by a majority of the registei'ed voters of the town of 
Westwood voting thereon at a regular or special town meet- 
ing called for the purpose held within two years of the pas- 
sage of this act, but not otherwise. 

Approved March 9, 1945. 



72 Acts, 1945. — Chap. 96. 



Chap. 96 An A(;t authorizing the city of medford to skij. (Cer- 
tain PARK LANDS LOCATED THEREIN. 

Be it enacted, etc., as follows: 

The city of Medford, acting by its board of park com- 
missioners, is hereby authorized to sell the following parcels 
of land now held for park purposes : — 

(1) A certain parcel of land, situated in Medford, with 
the buildings and improvements thereon, being shown as 
lot B on plan No. 15470, entitled City of Medford, Engi- 
neering Department, Plan of land proposed for purchase, 
Fulton Street and Winslow Avenue, dated May 10, 1939, 
recorded Book 6345 end, Middlesex South District Registry 
of Deeds, and bounded and described as follows : — Lot B : 
Beginning at a point approximately one hundred sixty feet 
distant southeasterly from a stone bound at the end of a 
curve at the corner of Fulton street and Winslow avenue 
on the northerly side of said avenue; thence the line runs 
about northeasterly by lot 18 as shown on plan referred to, 
ninety-eight and twenty-six one-hundredths feet to a point; 
thence turning and running southeasterly by lot E as shown 
on said plan, forty-three feet to lot 19 on said plan; thence 
turning and running southwesterly by said lot 19, ninety- 
five and eleven one-hundredths feet to Winslow avenue; 
thence turning and running northwesterly on said Winslow 
avenue forty-two and twenty-six one-hundredths feet to the 
point of beginning; containing three thousand eight hun- 
dred sixty-seven square feet according to said plan; being 
any and all measurements or contents more or less, how- 
ever bounded and described. 

(2) A certain parcel of land, situated in Medford, with 
the buildings and improvements thereon, being shown as 
lot 19 on Plan No. 15470, entitled City of Medford, Engi- 
neering Department, Plan of land proposed for purchase, 
Fulton Street and Winslow Avenue, dated May 10, 1939, 
recorded Book 6345 end, Middlesex South District Registry 
of Deeds, and bounded and described as follows : — Lot 19 : 
Beginning at a point on northerly side of Winslow avenue 
about forty-two and twenty-six one-hundredths feet distant 
from lot B as shown on said plan, the lines run northeasterly 
by said lot B on said plan, ninety-five and eleven one-hun- 
dredths feet to a point on lot E as shown. on said plan; thence 
turning and running southeasterly by said lot E, sixty-five 
and seventy-five one-hundredths feet to lot 20 on said plan; 
thence turning and running southwesterly by said lot 20, 
ninety feet to Winslow avenue ; thence turning and run- 
ning northwesterly by said Winslow avenue, thirty-five feet 
to the point of beginning; containing four thousand five 
hundred thirtj^-four square feet according to said plan; be- 
ing any and all measurements or contents more or less, how- 
ever bounded and described. Approved March 10, 1945. 



Acts, 1945. — C^haps. 97, 98. 73 



An Act exclitdin(; deposits in SAviNCis banks of the nhQj) 07 

FUNDS OF THE SAVINGS BANKS EMPLOYEES RETIREMENT ' ^' 
ASSOCIATION FROM PROVISIONS OF LAW LIMITING THE 
AMOUNTS OF DEPOSITS. 

Be it enacted, etc., as follows: 

Section thirty-one of chapter one hundred and sixty-eight a. l. ciyt. 
of the General Laws, as appearing in the Tercentenary Edi- anlemjeu ^ '"' 
tion, is hereby amended by adding at the end the follow- 
ing: — , or of the funds of the Savings Banks Employees 
Retirement Association, — so as to read as follows : — Sec- ".^""^H"^ "f 
tion SI. Such corporation may receive on deposit from any limitefL 
person not more than four thousand dollars; and may allow 
interest upon such deposits, and upon the interest accumu- 
lated thereon, until the principal, with the accrued interest, 
amounts to eight thousand dollars; and thereafter upon no 
greater amount than eight thousand dollars; but this sec- 
tion shall not apply to deposits by a religious or charitable 
corporation or labor union, or credit union, or fraternal 
benefit society, or in the name of a judge of probate, or by 
order of any court, or on account of a sinking fund of a 
town in the commonwealth or of any trust fund held by a 
town for public uses, or of the funds of any state, county or 
municipal retirement or pension system or association, or 
of the funds of the Savings Banks Employees Retirement 
Association. Approved March 10, 1945. 



An Act making certain corrections and changes in cjm^^ oc 

THE GENERAL LAWS RELATIVE TO MARINE FISH AND FISH- 
ERIES. 

/>'« it enacted, etc., as follows: 

Section 1. Section one of chapter one hundnMl and ^.; f • *'|''"' . 
thirty of the General Laws, as appearing in section one of n.otn, ' 
chapter five hundred and ninety-eight of the acts of nine- ■'"^^"•''■''• 
teen hundred and forty-one, is hereby amended by striking 
out the words "coastal waters" in the definition of "Fish" 
and inserting in place thereof the words : — ocean or its con- 
necting waters, — so as to read as follows : — 

"Fish", any animal life inhabiting the ocean or its con- 'ImsIi •, 
necting waters including any crustacean or marine fish, ■''^''"'^'"" i^'- 
whether free swimming or free moving, and any shellfish 
or sea worms, whether or not imbedded in the soil. All pro- 
visions of the chapter relative to fish shall, so far as apt, 
apply also to lobster meat and crab meat after the same has 
been taken from the shell. 

Section 2. Said section one of said chapter one hundred EJ)'j[J(f- 
and thirty, as so appearing, is hereby further amended by § i', etc., ' 
striking out the last paragraph and inserting in place thereof "'"'^"^''''' 
the following paragraph: — 

This chapter and regulations made under authority theic>of Apuiicatioi. 



74 



Acts, 1945. — Chap. 98. 



G. L. (TcT. 
Ed.), IW, § 2, 
etc., amended. 



Penalty. 



G. L. CJVr. 
Ed.), i:W, 
§ 31, etf., 
amended. 



Wilful de- 
.structiou of 
weirs, nets, etc. 
Penalty. 



(;. I,. (Ti'i 

Kd.), lao, 
§ .sa, etc., 

amended. 



.\nnual 
reports of 
catches to 
be made. 
Penalty for 
failure. 



shall apply to all fisheries within the jurisdiction of the com- 
monwealth and to all fish within the jurisdiction thereof, 
except fish being transported through the commonwealth 
under authority of the laws of the United States; but this 
provision shall not be construed so as to limit the authority 
of the director to protect anadromous fish by providing for 
their passage from the coastal waters to spawning grounds 
in streams and ponds in inland waters and to regulate com- 
mercial fisheries therein for the taking of such anadromous 
fish. 

Section 3. Section two of said chapter one hundred and 
thirty, as so appearing, is hereby amended by striking out 
the last paragraph and inserting in place thereof the follow- 
ing paragraph : — 

Whoever violates any provision of this chapter or any 
rule or regulation made under authority thereof, unless 
otherwise provided, shall be punished by a fine of not less 
than ten nor more than fifty dollars, or by imprisonment for 
not more than one month, or both. 

Section 4. Section thirty-one of said chapter one hun- 
dred and thirty, as so appearing, is hereby amended by in- 
serting after the word "Whoever" in the first line the words: 

— without the consent of the owner takes or uses or, — and 
by striking out, in the third line, the words "set for the 
taking of fish", — so as to read as follows: — Section 31. 
Whoever without the consent of the owner takes or uses or 
wilfully destroys, injures or molests any weir, pound net, 
fish trap, seine, set net or lobster or crab pot or other fishing 
gear, or any fish car or other contrivance used for the pur- 
pose of storing fish, including any such fishing gear which 
is swept ashore by storm or tide or other natural causes and 
deposited upon the shore, beaches or flats, whether public or 
private, or takes fish therefrom without the consent of the 
owner, shall be punished by a fine of not less than one hun- 
dred nor more than three hundred dollars or bj^ imprison- 
ment for two months, or both. 

Section 5. Section thirty-three of said chapter one hun- 
dred and thirty, as so appearing, is hereby amended by 
striking out, in the fifth line, the words "in the coastal 
waters", — by striking out, in the sixth and seventh lines, 
the words "between October first and twentieth" and in- 
serting in place thereof the words: — before January thirty- 
first, — and by striking out, in the twelfth line, the words 
"September thirtieth" and inserting in place thereof the 
words: — December thirty-first, — so as to read as follows: 

— Section 33. The owner of every boat, and the owner of 
every pound net, fish trap, weir, fyke net or similar contriv- 
ance, fishing pier, seine, drag or gill net, lobster or crab pot 
or trap or other fishing gear, hereinafter referred to as de- 
vices, used for fishing purposes, and every licensee under 
section thirty-eight shall annually, before January thirty- 
first, make a written report, on oath, to the director, of the 
number of pounds and the value of each kind of edible fish 



Acts, 1945. — Chap. 98. 75 

caught by him with such boat or such devices and the num- 
ber of lobsters and edible crabs taken by him in pots or traps 
for the twelve months ending on the preceding December 
thirty-first, and the number and value of the devices, if any, 
used in such catching or taking, and the number of persons, 
if any, employed therein; and for such purpose the director 
shall annually, on or before March fifteenth, provide him, 
upon his application, with suitable blank forms for such 
reports, so arranged that each month's catch may be sepa- 
rately recorded thereon; and, in filling out such reports, 
such owner shall give, so far as practicable, the above re- 
quired results of each month's fishing. In lieu of said annual 
report the director may require such owner to submit a 
monthly report of such facts listed herein as the director 
may deem advisable. Such owner shall apply to the director 
for such blank forms. The owner of any fish cars or other 
contrivances used for keeping fish, lobsters or edible crabs 
shall have his name and residence legibly marked thereon. 
The license, permit or certificate of any person to take such 
fish, lobsters or edible crabs who refuses, or knowingly or 
wilfully neglects to make the report I'equired hereby or 
knomngly or wilfully makes a false report shall be suspended 
and he shall not receive a new licen.se, certificate or permit 
until such report is made. Whoever knowingly and wil- 
fully violates any provision of this section shall be punished by 
a fine of not less than ten nor more than one hundred dollars. 

Section 6. Section sixty-nine of said chapter one hun- g. l. (Ter. 
dred and thirty, as so appearing, is hereby amended by feg.'ifa! 
striking out, in the sixth line, the words "and imprisonment amended, 
for" and inserting in place thereof the words: — or by im- 
prisonment for not exceeding, — so as to read as follows : — 
Section 69. Whoever takes or has in possession quahaugs or seed <iua- 
soft-shelled clams less than two inches in longest diameter, I'lauTH.^p^laity 
hereinafter referred to as seed quahaugs or seed clams, to f'"' <'''^i"K- 
the amount of more than five per cent of any batch shall be 
punished by a fine of not less than five nor more than fifty 
dollars or by imprisonment for not exceeding thirty days; 
provided, that it shall not be unlawful to take seed quahaugs 
or seed clams or have the same in possession under authority 
of a permit therefor, which the director is hereby authorized 
to grant, for replanting in waters or flats within the common- 
wealth. 

Section 7. The third paragraph of section eighty of said {^i^Viw'^' 
chapter one hundred and thirty, as so appearing, is hereby § so," et<-..' 
amended by striking out, in the second line, the words ''in '*""'"''''' 
the shell", — by striking out, in the third line, the words 
"for shell stock", — and by striking out, in the fourth line, 
the words "so distributing", — so as to read as follows: — 

No person, as a dealer, shall engage in the commercial ^,gf,'^j^ 
distribution of shellfish without first obtaining a dealer's certificate. 
shellfish certificate, and no person shall operate a shucking 
plant without a dealer's shellfish certificate for an approved 
shucking plant. Approved March 10, 19/f5. 



76 Acts, 1945. — Chaps. 99, 10(). 

(^hap. 99 Am Act EXEMPTiNr; scallops from certain provisions 

OF THE marine FISHERY T,\WS RELATIXO TO CONTAMI- 
NATED AREAS. 

Be it enacted, etc., an follows: 

KdV'lalr' Section 1. Section seventy-four of chapter one hundred 

s' 74,' etc..' and thirty of the General Laws, as appearing in section one 
;irii.>nd.d. ^j- (.[jg^p^^ij. fjyf, liundred and ninetj^-eight of tlie acts of 

nineteen hundred and forty-one, is hereb}' amended b\' 
imntwr''*^" adding at the end tlie following sentence: — This section 

shall not apply to scallops. 
Fd V' i-lo' Section 2. Section eighty-one of said chapter one hun- 

§'81,' etc.,' dred and thirty, as so appearing, is hereby amended by 
amended . adding at the end the following sentence : — This section 

Application i n . i . n 

limited. shall not apply to scallops. 

c!^ L. (Ter. Section 3. Sectlon eighty-two of said chapter one hun- 

s'sk^'etc!*^' dred and thirty, as so appearing, is hereby amended by 

amended. adding at the end the following sentence: — This section 

lunih'f '"" shall not apply to scallops. Approved March 10, 1945. 

Chap. 100 An Act amending the military law relative to the 

DATES OF FILING OF CERTAIN RETURNS AND CERTIFICATES. 

Be it enacted, etc., as follows: 

FdV tP'" Section thirty-nine of chapter thirtj^-three of the General 

S^M,' etc'., Laws, as appearing in section one of chapter four hundred 

amended. ^j^^ twenty-fivc of the acts of nineteen hundred and thirt}^- 

nine, is hereby amended by striking out, in the fourth and 
in the seventeenth lines, the word "November" and insert- 
ing in place thereof, in each instance, the word: — June, — 
Annual SO as to read as follows: — Section 39: The mayor of a 

relative to city, Or the selectmen of a town, providing an armory or 
armories, or headquarters, for the use of the organized 
militia, shall annually on or before June first make returns 
thereof to the state quartermaster. All statements con- 
tained therein shall be made under penalty of perjury. All 
such returns shall give the designation and location of each 
armory or headquarters, the name of each command or 
headquarters therein quartered, the rental paid or charged 
therefor, and when required by the state quartermaster the 
expense incurred in heating, lighting and repairing the 
same, in furnishing water, telephones and janitor service, 
as well as the aggregate cost of the land and buildings. The 
state quartermaster shall examine each return so made and 
allow or disallow, in whole or in part, the sums so returned, 
his decision being subject to review ;md amendment by the 
adjutant general. He shall annually, not later than June 
thirtieth, file with the state (iomptroUer his certificate, 
stating the sum allowed for each armory, the name of the 
command or headquarters occupying it, and the city or 
town making the return, and thereupon he shall notif}^ the 
mayor or the selectmen of the sum allowed, _ which shall be 
paid to such city or town. Approved March 10, 1945. 



armories. 



Acts, 1945. — Chaps. 101, 102. 77 



An Act eliminatinc the word "pauper" from the laws ('f^Qjj i()[ 

RELATIVE TO ARREST ON MESNE PROCESS AND SUPPLE- ^' 

MENTARY PROCEEDINGS IN CIVIL , ACTIONS AND BAIL. 

Be it enacted, etc., as follows: 

Section 1. Section twelve of chapter two hundred and EdV. 224T'§ 12, 
twenty-four of the General Laws, as appearing in the Ter- amended." 
centenary Edition, is hereby amended by striking out, in 
the second line, the word "pauper" and inserting in place 
thereof the words: — poor person, — so as to read as fol- 
lows: — Section 12. If the defendant or debtor while con- S".pi)<>'t 
fined in jail on mesne process or on execution claims support 
as a poor person, the jailer shall furnish his support at the 
rate of one dollar and seventy-five cents a week, to be paid 
by the plaintiff or creditor, who in such case shall, if required 
l\y the jailer, either from time to time advance the money 
necessary for the support of the prisoner or give the jailer 
satisfactory security therefor. If the plaintiff or creditor 
neglects to do so for twenty-four hours after demand upon 
him, his attorney or the committing officer, the jailer shall 
discharge the prisoner. 

Section 2. Section twentj^-three of chapter two hundred g-,^,"; 22(3'_'^§ -sj,. 
and twenty-six of the General Laws, as so appearing, is amended. 
hereby amended by striking out, in the second line, the 
word "pauper" and inserting in place thereof the words: — 
poor person, — so as to read as follows: — Section 23. If a Support 
principal, surrendered by his bail and committed to jail, '" ^"^''' 
claims support as a poor person, the jailer may require the 
plaintiff or his attorney in the action to give security or to 
advance the money for support of the defendant in like 
manner as if the commitment had been made by an officer. 
If the plaintiff fails so to do for twenty-four hours after 
being so required, the jailer may discharge the defendant. 

Approved March 10, 1945. 



An Act authorizing the town of webster to receive C/ki p. 102 

AND administer THE PROPERTY OF THE LAKESIDE CEME- 
TERY' association in SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The Lakeside Cemetery Association, a cor- 
poration duly incorporated by law and situated in the town 
of ^^'ebster, 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 cor- 
poration not subject to any trust, and thereupon, and upon 
the transfer of the trust funds as liercinafter provided, the 
corporation shall be dissolved; and the cemetery of the cor- 



78 Acts, 1945. — Chap. 102. 

poration shall be and become a public burial place, sif'i^mcl 
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 ludd 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 
section 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 propertj^ 
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 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. The action of the inhabitants of the town 
of Webster, at its annual town meeting in the year nineteen 
hundred and forty-four, 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 and 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 accept- 
;ince by a majority of the registered voters of the town of 
Webster voting thereon at a regular or special town meeting 
held in the current year, but not otherwise. 

Approved March 10, 194-5. 



Acts, 1945. — Chaps. 103, 104. 79 



An Act extending the effective period op certain war Chan \()',\ 

EMERGENCY LEGISLATION RELATING TO CIVIL SERVICE. 

J'e it enacted, etc., as follows: 

Chapter thirteen of the acts of nineteen hundred and 
forty-two is hereby amended by strilving out section twelves 
and inserting in phice thereof the following section : — Sec- 
tion 12. The provisions of this act, other than s(!Ction five, 
shall cease to be in effect upon the termination of all existing 
states of war between the United States and foreign coun- 
tries, or upon the adoption by both branches of the general 
court of a joint resolution stating that said provisions are no 
longer necessary for the public good and safety, whichever 
first occurs. The provisions of said section five shall cease 
to be in effect upon the expiration of one vear after the 
termination of all such existing states of war. 

Approved March 10, 19^5 . 



An Act to provide for the payment of pensions by ('/ifjp j()4 

PARTICIPATING BANKS OF THE SAVINGS BANKS EMPLOYEES 
retirement ASSOCIATION, AND ALSO TO PERMIT THE AS- 
SIGNMENT TO SUCH BANKS OF DEFERRED ANNTTITY CON- 
TRACTS PURCHASED FOR THEIR EMPLOYEES. 

Be it enacted, etc., as follows: 

Section 1. Section fifty-eight of chapter one hundred S-.VDy- 
and sixty-eight of the General Laws, inserted by chapter s'V.s.'etc.,' 
two hundred and forty-nine of the acts of nineteen hundred •■^""^"''"' 
and forty-three, is hereb}- amended by inserting after the 
word "annuity" in the thirtieth and thirty-first lines, in each 
instance, the words: — or pension, — so that the third para- 
graph will read as follows: — 

Eligible employees may contribute a portion of their c.mtrii.utions 
salaries or wages, to be deducted by the employing banks e|„pi'fy'^e's. 
and paid to the association. A participating l^ank 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 contribute for past service, as defined in 
the by-laws, amounts necessaiy to provide eligible employ- 
ees with ^n annuity or pension to begin at age sixty-five or 
later, such aniuiity or pension 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. 

Section 2. Section sixty of said chapter one himdred 9j';|go''- 
and sixty-eight, inserted by said chapter two hundred and §60." etc.,' 
forty-nine, is hereby amended by adding at the end the fol- •'"""'"''"'' 
lowing: — , except that deferred annuity contracts pur- 



80 Acts, 1945. — Chaps. 105, 106. 

chased by a participating bank on account of past service of 
eligible employees may be assigned to such bank prior to 
Property. actual retirement, — so as to read as follows : — Section 60. 

from ta^xa-™"^* The property of the association, the portion of the wages or 
tion. etc. salary of any employee deducted or to be deducted under 

sections fifty-eight and fifty-nine, the right 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 association. No assign- 
ment of any right in or to said funds or of any pension 
or annuity payable under section fifty-eight shall be valid, 
except thai deferred annuity contracts purchased by a 
participating bank on account of past service of eligible 
employees may be assigned to such bank prior to actual 
retirement. Approved March 12, 191^^5. 



(7/<://;.l()5 An Act extending the emergency allotment plan of 

THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter five himdred and six- 
teen of the acts of nineteen hundred and forty-three is 
hereby amended by striking out, in the fourth and in the 
fifth lines, the word "forty-four" and inserting in place 
thereof, in each instance, the word: — forty-five, — so as 
to read as follows: — Section 2. The maj^or of said city 
may by executive order continue in full force and effect the 
provisions of section one for the fiscal year of the city of 
Boston beginning January first, nineteen hundred and forty- 
five and ending December thirt^^-first, nineteen hundred and 
forty-five; provided, that, if said mayor shall modify the 
amount of emergency compensation allotment paid during 
said last mentioned period to those officials and employees 
of the city of Boston or the county of Suffolk whose salaries 
are not determined or limited 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. 

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

Approved, March 14, 19J,5. 



C hap. lOQ An Act validating a certain special town meetinc; 
OF the town of hopkinton held in the current year. 

Be it enacted, etc., as follows: 

Section 1. The acts and proceedings of the town of 
Ilof)kinton ixi a special town meeting lield on February 
Iwelfth in the current year, and all acts done in pursuance! 



Acts, 1945. — Chaps. 107, 108. 81 

thereof, are hereby confirmed and made valid, to the same 
extent as if the said meeting had been called, held and con- 
ducted in strict compHance with law. 

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

Approved March IJ^, 1945. 



An Act validatinc a zoning ordinance ok the city ok (^JKinAOl 

REVERE. 

He it enacted, etc., as folloivs: 

Section 1. A certain measure entitled "Zoning Ordi- 
nance of the City of Revere", passed to be ordained by the 
city council of the city of Revere on July tenth, nineteen 
hundred and twenty-nine, and approved by the mayor of 
said city on July twelfth, nineteen hundred and twenty- 
nine, is hereby validated and confirmed as an ordinance of 
said city if and in so far as it is invalid by reason of failure 
to comply with the provisions of law relating to the publi- 
(iation of such ordinance. 

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

Approved March 14, 1945. 



An Act relative to overlay dekicits in the city ok ('l,(in\()^ 

boston. 

He it enacted, etc., as follows: 

Section 1. Chapter two hundred and twenty-five of the 
acts of nineteen hundred and forty-one is hereby amended 
by striking out section four and inserting in place thereof 
the following section : — Section 4- The assessors of said 
city, for the purpose of avoiding fractional divisions of the 
amount to be assessed in the apportionment thereof and 
providing for abatements granted on account of taxes as- 
sessed, shall add to the amount to be assessed, in each of 
the years nineteen hundred and forty-one and nineteen 
hundred and forty-two, an overlay of four per cent thereof, 
and in each year thereafter, until all loans issued under 
authority of said section one of this act and of section one 
of chapter two hundred and thirty-five of the acts of nineteen 
hundred and thirty-eight, are paid, an overlay of not less 
than three per cent thereof; provided, that should the 
amounts authorized to be borrowed under said section one 
of this act, or of said section one of said chapter two hun- 
dred and thirty-five, be inadequate for the purposes speci- 
fied in section two of this act and in section two of said 
chapter two hundred and thirty-five, respectively, or should 
the amount which said assessors are authorized, under this 
section, to add to the amount to be assessed be inadequate, 
in any year, for the purposes specified in this section, said 
assessors shall add to the amount to be assessed in the fol- 



82 Acts, 1945. — Chaps. 109, 110. 

lowinti year such additional anioiint as may be required fully 
(o meet all of such purposes. 

The provisions of this section, requirinj^ an overlay of 
four per cent in each of the years nineteen hundred and 
forty-one and nineteen hundred and fortj'-two, and an over- 
lay of not less than three per cent in each year thereafter 
until all loans issued under authority of said section one of 
said chapter two hundred and thirty-five are paid, are in 
substitution for and not in addition to the provisions of 
section four of said chapter two hundred and thirty-five. 

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

Approved March 14', 1945. 



(7/0/;. J 09 An Act making certain laws relative to cold stor- 
age WAREHOUSES INAPPLICABLE TO LOCKER PLANTS, SO 
CALLED 

Re it enacted, etc., as follows: 

KdV'sI*^'^' Chapter ninety-four of the General Laws is hereby 

newVesA, amended by inserting after section sixty-six the following 
inaerte(. scction I — Scction 66 A. Neither the provisions of section 

tiontTnor" sixty-six which require licensees maintaining cold storage or 
\!!^k\T^lnn\i refrigerating warehouses to make reports to the department 
of public health nor the provisions of section seventy or 
sevent3'-one shall apply with respect to articles of food re- 
ceived or stored in any locker in any such warehouse. The 
word "locker", as used in this section, shall mean any sepa- 
rate and individual compartment in any such warehouse, 
having a capacity of not more than twenty-five cubic feet, 
which is provided for use by an individual under lease or 
otherwise for the sole purpose of storing or freezing articles 
of food owned by him and intended for use and consump- 
tion by him or his famil3^ Approved March 14, 194^. 



CJKtp.Wi) An Act relative to the trustees of a fund for the 

BENEFIT OF CERTAIN PERSONS WHO CONSTITUTED COMPANY 
F, SIXTH INFANTRY, MASSACHUSETTS NATIONAL GUARD ON 
APRIL SIXTH, NINETEEN HUNDRED AND SEVENTEEN. 

lie it enacted, etc., as follows: 

Section 1. Chapter one hundred and fortj^-five of the 
acts of nineteen hundred and twenty-nine is hereby amended 
by striking out section one and inserting in place thereof 
the following section:- — Section 1. The Marlborough co- 
operative bank is hereby authorized and directed to transfer 
all funds, consisting of matured shares, now in its possession 
and standing in the name of Co. F, Sixth Regiment, M. V. M., 
to three residents of the city of Marlborough to be designated 
l)y the adjutant general of the commonwealth to act as 
t rustees of said fund, and thereupon ■ all liability of said 
bank in relation to said funds shall terminate. Said funds 



Acts, 1945. — Chap. 111. 83 

or the proceeds of said matured shares shall be held by said 
trustees or their successors in office, hereinafter referred 
to as said trustees, for the benefit of the officers and enlisted 
men who constituted company F, sixth infantry, Massa- 
chusetts national guard on April sixth, nineteen hundred 
and seventeen. Said trustees shall from time to time dis- 
burse said funds among such officers and men, but only in 
accordance with regulations to be made by said trustees, 
subject to the approval of the adjutant general. In the 
event of a vacancy in the office of trustee of said fund, 
whether caused by death, disability or otherwise, the adju- 
tant general shall designate from the residents of said city 
of Marlborough a successor trustee, who shall have and 
exercise all the powers and privileges, and shall be subject 
to all the duties and obligations, of a trustee originally 
designated hereunder. Upon the termination of said trust, 
the trustees then in office shall transmit to the adjutant 
general all books, records and papers in their possession 
relating to the administration of said trust. 

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

Approved March 14, 1945. 



An Act relative to loans by a savings bank to its (JJiap 111 

TRUSTEES. 

Be it enacted, etc., as follows: 

Section twenty-nine of chapter one hundred and sixty- g. l. (Ter. 
eight of the General Laws, as amended by section twelve foij.'iuf,' 
of chapter three hundred and thirt^'-four of the acts of nine- amended. 
teen hundred and thirty-three, is hereby further amended 
by inserting after the word "to", in the twentieth line, 
the words : — loans to trustees of the corporation who 
hold no other office therein, or to, — so as to read as 
follows : — Section 29. No president, treasurer, member Loans to 
of a board of investment, or officer of such corporation forbtlffen'!*''' 
charged with the duty of investing its funds, shall borrow 
or use any portion thereof, be surety for loans to others 
or, directly or indirectly, whether acting individually or 
as trustee holding property in trust for another person, 
be an obligor for money borrowed of the corporation; and 
if such member or officer, either individually or as trustee 
holding property in trust for another person, becomes the 
owner of real estate upon which a mortgage is held by the 
corporation, his office shall become vacant at the expiration 
of sixty days thereafter unless he has ceased to be the owner 
of the real estate or has caused said mortgage to be dis- 
charged or assigned. No such corporation shall make a 
loan to any of its employees. This section shall not apply 
to loans held by such corporation on June eighth, nineteen 
hundred and eight, or to renewals thereof, or to the deposit 
of money, as provided in section fifty-four, in banks or 
trust companies of which one or more trustees or officers 



84 



Acts, 1945. — Chaps. 112, 113. 



of such corporation are directors, or to loans to trustees 
of the corporation who hold no other office therein, or to 
loans on deposit boolcs made under section fifty-one A. 

Approved March 14, 1945. 



Chap. 112 An Act authorizIxNtg the repeal of certain provisions 

OF THE CHARTER OF THE CITY OF QUINCY IMPOSING RE- 
STRICTIONS RELATIVE TO THE ERECTION OF A CITY HALL. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-one of chapter three hun- 
dred and forty-seven of the acts of eighteen hundred and 
eighty-eight is hereby repealed. 

Secti0x\ 2. This act shall take full effect upon its ac- 
ceptance during the current year by a two thirds vote of the 
city council of the city of Quincy, with the approval of the 
mayor, but not otherwise. Approved March 14, 1945. 



Chap. lis An Act further defining stillborn children for the 

PURPOSES OF VITAL STATISTICS. 



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



Certificates 
for stillborn 
children. 

"Stillborn" 
defined. 



Be it enacted, etc., as follows: 

Section nine of chapter forty-six of the General Laws, as 
amended by chapter one hundred of the acts of nineteen 
hundred and thirty-six, is hereby further amended by 
striking out, in the twenty-first and twenty-second lines, 
the words "five months" and inserting in place thereof the 
words : — twenty weeks, — so as to read as follows : — Sec- 
tion 9. A physician or registered hospital medical officer 
shall forthwith, after the death of a person whom he has 
attended during his last illness, at the request of an under- 
taker or other authorized person or of any member of the 
family of the deceased, furnish for registration a standard 
certificate of death, stating to the best of his knowledge and 
belief the name of the deceased, his supposed age, the disease 
of which he died, defined as required by section one, where 
same was contracted, the duration of his last illness, when 
last seen alive by the physician or officer and the date of 
his death. A physician or officer attending at the birth 
of a child dying immediately thereafter, or a physician or 
officer attending at the birth of a child born dead, shall 
forthwith furnish for registration a certificate, stating that 
to the best of his knowledge and belief such child either 
died immediately after birth or was born dead. Both the 
birth and death of such child shall be recorded and, if it was 
born dead, the word "stillborn", shall be entered in both 
the record of birth and death. A stillborn child shall be 
deemed to be a foetus born after a period of gestation of 
not less than twenty weeks, in which foetus there is no at- 
tempt at respiration, no action of heart and no movement 



Acts, 1945. — Chaps. 114, 115. 85 

of voluntary muscle. A physician or any such officer neglect- 
ing or refusing to make such certificate or making a false 
statement therein shall forfeit not more than fifty dollars. 

Approved March 14, 1945. 



An Act relative to limitations upon investments by Chap. IIA 

SAVINGS BANKS IN CERTAIN STATE, MUNICIPAL OR CORPO- 
RATE INTEREST BEARING OBLIGATIONS MADE ELIGIBLE FOR 
INVESTMENT BY ACTION OF THE COMMISSIONER OF BANKS 
ON REQUEST OF THE MUTUAL SAVINGS CENTRAL FUND, INC. 

Be it enacted, etc., as follows: 

Clause Fifteenth of section fifty-four of chapter one g l. (Ter. 
hundred and sixty-eight of the General Laws, as amended §'54,' etc..' 
by section nine of chapter four hundred and thirteeti of the a^mended. 
acts of nineteen hundred and forty-one, is hereby further 
amended by striking out subdi\dsion (d) and inserting in 
place thereof the following subdivision : — 

(d) Subject to the limitations upon amounts that may investment 
be invested in obligations referred to in clauses Third, umited.^ 
Fifth D and Sixth A, respectively, not more than five 
per cent of the deposits of any such bank shall be invested 
in the obligations made legal under subdivision (c) of this 
clause, nor shall more than one half of one per cent of such 
deposits be invested in any one such obligation. 

Approved March I4, 1945. 



An Act relative to limitations upon the total lia- Chav.Wb 

BILITY OF one BORROWER ON MORTGAGES TO A CO-OPERA- 
TIVE BANK. 

Be it enacted, etc., as follows: 

Section thirty-six A of chapter one hundred and seventy g. l. (Ter. 
of the General Laws, inserted by section one of chapter f aijA^etc., 
two hundred and ninety-three of the acts of nineteen hun- amended. 
dred and forty-one, is hereby amended by adding at the end 
the following : — , or to loans upon property purchased 
from the corporation; and provided, further, that all the 
loans to any one borrower b}^ any such corporation, other 
than loans upon property purchased from the corporation, 
and upon matured or paid-up shares, shall not exceed the 
limit on one borrower's liability established by this section, 
or that established by section sixteen, whichever is greater, 
— so that the last paragraph will read as follows : — 

The aggregate amount of such loans to any one borrower Aggregate 
by an}'- such corporation shall not exceed ten thousand fo™nsto°^ 
dollars or one per cent of the aggregate amount of all loans f,"^j.°^gr 
secured by mortgages of real estate held by such corpora- limited. 
tion, whichever is greater, but in no event shall such ag- 
gregate amount of such loans to any one borrower by any 
such corporation exceed fifty thousand dollars; provided. 



86 Acts, 1945 — Chaps. 116, 117. 

that the conditions contained in this paragraph shall not 
apply to any loan the real estate securing which has been 
sold to a bona fide purchaser who is deemed by such cor- 
poration to be a responsible person and who has agreed in 
writing with such corporation to assume payment of the 
note according to its terms and to comply with and perform 
the conditions of the mortgage, or to loans upon property 
purchased from the corporation; and provided, further, that 
all the loans to any one borrower by any such corpora- 
tion, other than loans upon property purchased from the 
corporation, and upon matured or paid-up shares, shall 
not exceed the limit on one borrower's liability established 
by this section, or that established by section sixteen, 
whichever is greater. Approved March 14, 1945. 



Chap. 116 An Act further regulating assessments to be made 

BY the co-operative CENTRAL BANK ON MEMBER 
BANKS. 

Be it enacted, etc., as foUoivs: 

Section one of chapter seventy-three of the acts of nine- 
teen hundred and thirty-four, as most recently amended by 
section two of chapter two hundred and twenty-seven of 
the acts of nineteen hundred and thirty-nine, is hereby 
further amended by striking out the fifth sentence, as ap- 
pearing in section two of chapter two hundred and forty- 
four of the acts of nineteen hundred and thirty-eight, 
and inserting in place thereof the following sentence: — On 
July first, nineteen hundred and forty-five, and on July 
first of each year thereafter while a member bank, such 
bank shall pay to the corporation an annual assessment 
equal to one twelfth of one per cent of its share liabilities 
and notes payable as shown by its last preceding annual 
report to the commissioner. Approved March 14, 194-5. 



Cha]). 117 An Act authorizing the transfer of two certain 

PARCELS OF LAND IN THE CITY OF HOLYOKE FROM THE 
PARKS AND RECREATION DEPARTMENT TO THE SCHOOL 
COMMITTEE OF SAID CITY. 

Be it enacted, etc., as foUoivs: 

Section 1. The parks and recreation department of 
the city of Holyoke is hereby authorized to transfer, free 
from all restrictions, to the school committee of said city 
two certain parcels of land in said city acquired for park 
or other recreational purposes and bounded and described 
as follows : — 

Parcel number one. Stalling at a poini on the westerlj^ 
side of Northampton street, said point being the northeast 
corner of the property now or formerly of Dillon and the 
southeast corner of land of the city of Holyoke, parks 



Acts, 1945. — Chap. 118. 87 

and recreation department; thence running westerly at an 
included angle of 94* — 04',. a distance of 99.87 feet to a 
point; thence running westerly at an included angle of 
192° — 10', a distance of 817 feet, more or less, to a point; 
thence running northerly a distance of 388 feet, more or 
less, to the point of curve of the southerly line of Dwight 
street extension at station 115+70.89 of said Dwight street 
extension ; thence easterly along the southerly line of Dwight 
street extension and along the westerly line of Northampton 
street to the point of beginning. 

Parcel 7iumher two. Starting at a point on the westerly 
side of Northampton street at the southeast corner of land 
now or formerly of Thomas J. and Helen McCarthy; thence 
running westerh^ along the southerly line and northerly 
along the westerly line of said property of Thomas J. and 
Helen McCarthy and thence northerly along the westerly 
line of property now or formerly of George T. and Winifred 
Reardon to a point on the southerly side line of the East- 
hampton road; thence westerly along the southerly line of 
the Easthampton road to a stone bound thereon located 
about 373 feet westerly from the west line of Northamp- 
ton street; thence running southerly along a line directed 
towards a point on the center line of Dwight street extension 
located 400 feet westerly from the center line of Northamp- 
ton street, a distance of 275 feet to a point; thence westerly 
along a line parallel to the center line of Dwight street 
extension, a distance of 110 feet to a point; thence southerly 
along a line at right angles to the center line of Dwight street 
extension a distance of 73 feet, more or less, to a point 
on the northerly side line of said Dwight street extension; 
thence easterly along the northerly side line of Dwight 
street extension and northerly along the westerly side line 
of Northampton street to the point of beginning. 

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

Approved March 15, 1945. 

An Act changing the title of the office of court C/iaw.118 

OFFICER AND CONSTABLE IN THE PENAL INSTITUTIONS 
department of the city of boston to the OFFICE OF 
COMMITMENT AND TRANSFER OFFICER AND AUTHORIZING 
THE PLACING OF SAID OFFICE UNDER CIVIL SERVICE. 

Be it enacted, etc., as follows: 

Section 1. Each office of court officer and constable in 
the penal institutions department of the city of Boston shall 
hereafter be known as the office of commitment and transfer 
officer in the penal institutions department of the city of 
Boston. 

Section 2. Each office of commitment and transfer 
officer e.stablished by this act shall, upon the effective date 
thereof, become subject to the civil service laws and rules 
and regulations, and the tenure of office of any incumbent 



8^ Acts, 1945. — Chaps. 119, 120. 

thereof shall be unlimited, subject, however, to said laws,, 
but each of the persons holding the office of court officer 
and constable in the penal institutions department of the 
city of Boston immediately [jrior to said effective date shall 
be subjected by the division of civil service to a non-com- 
petitive qualifying examination for the office of commitment 
and transfer officer established by this act, and 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. 

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

Approved March 16, 1943. 



Chap.119 An Act relating to the chief engineer of the ware 

FIRE DISTRICT NUMBER ONE. 

Be it enacted, etc. , as follows: 

Section 1. The chief engineer of the Ware Fire District 
Number One in office at the time of the acceptance of 
chapter forty-five of the acts of nineteen hundred and 
thirty-eight by said district shall be deemed to be the chief 
of the fire department referred to in said act and the ac- 
ceptance of said act by the district shall be considered to 
have extended tenure of office, so called, to the said chief 
engineer in his said capacity as chief of the fire department. 

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

Approved March 15, 1945. 



Chap.120 An Act relative to recording notices issued by the 

COURT on petitions TO AUTHORIZE FORECLOSURE OF 
MORTGAGES IN WHICH SOLDIERS AND SAILORS MAY BE 
INTERESTED, AND SEIZURES OF PROPERTY THEREUNDER. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter fifty-seven of the 
acts of nineteen hundred and forty-three is herebj^ amended 
by striking out the last paragraph and inserting in place 
thereof the following paragraph : — 

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 nam.ed in the bill, shall be 
sufficient service of said notice, unless the court otherwise 
orders, provided however that prior to the return day fixed 
in said notice, or within such further time before decree 
as the coLU"t may allow, a copy thereof shall be recorded 
in each registry of deeds and city or town clerk's office in 
which such mortgage is recorded. 

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

Approved March 16, 1946. 



Acts, 1945. — Chaps. 121, 122. 89 

An Act authorizing the county commissioners of the (J]i(ij) \2\ 

COUNTY OF NORFOLK TO PROVIDE ADDITIONAL FACILITIES 
AT THE NORFOLK COUNTY HOSPITAL IN BRAINTREE. 

Be it enacted, etc., as follows: 

Section 1. To provide additional facilities at the Nor- 
folk Count}^ Hospital at Braintree, the county commission- 
ers of Norfolk county are hereby authorized to construct 
additions, make alterations to any of the existing buildings 
of said hospital, furnish and equip the same, and may expend 
therefor a sum not exceeding three hundred and ninety 
thousand dollars. 

Section 2. For the purposes aforesaid, the treasurer 
of said county, with the approval of the county commis- 
sioners, may borrow from time to time upon the credit of 
the county such sums as may be necessary, not exceeding, 
in the aggregate, three hundred and ninety thousand dollars, 
and may issue notes or bonds of the county therefor, which 
shall bear on their face the words, Norfolk County Hospital « 

Loan, Act of 1945; and such notes or bonds shall be pay- 
able in not more than twenty years from their dates. Each 
authorized issue shall constitute a separate loan. Such notes 
or bonds shall be signed by the treasurer of the county and 
countersigned by a majoritj- of the county commissioners. 
Such securities may be sold at public or private sale upon 
such terms and conditions as the said treasurer and county 
commissioners may deem proper, but not for less than their 
par value. Indebtedness under this act shall, except as 
herein provided, be subject to chapter thirty-five of the 
General Laws. All sums necessary to meet interest pay- 
ments on notes or bonds issued under this act and payments 
on account of principal as the same mature shall be assessed 
upon the twenty-six towns and one city of said county 
constituting the Norfolk coimty hospital district, with other 
assessments made under section eighty-five of chapter one 
hundred and eleven of the General Laws, as amended. 

Approved March 15, 1945. 



An Act relative to the maintenance of a bridge by' (JJiqj) ^22 
syxvania electric products inc. over barton square ' 

in the city of SALEM. 

Be it enacted, etc., asfolloivs: 

Section 1. Upon petition, and after seven days' notice 
inserted in at least one newspaper published in the city of 
Salem, and a public hearing thereon, the city council of 
said city, by a two thirds vote, with the approval of the 
mayor, may grant and issue a permit to Sylvania Electric 
Products Inc., a corporation duly established and existing 
under the laws of the commonwealth, its successors and 
assigns, to maintain a bridge over Barton square, a public 
highway in said city, at a point where said corporation 



90 Acts, 1945. — Chap. 123. 

leases portions of two buildings on opposite sides of said 
way, for the purpose of connecting said buildings, said 
bridge having been erected pursuant to authority of the 
city council and approval of the mayor of said city, as 
authorized by the governor by Executive Order No. 65, 
dated December thirty-first, nineteen hundred and forty- 
three. Said permit shall be granted upon the condition of 
such leasing and occupancy by Sylvania Electric Products 
Inc. and upon such further conditions and subject to such 
restrictions as said city council may prescribe. Any permit 
granted hereunder may be revoked by said city council 
with the approval of said mayor. 

Section 2. Any structure maintained under a permit 
granted as aforesaid shall be maintained in such manner 
that the bottom chord shall not be less than thirty-four 
feet above the grade line of said way; said structure shall 
not be more than four feet, six inches in width, and no part 
of said structure or its support shall rest on the surface of 
the way, nor shall any such structure be maintained over 
any portion of said way not owned in fee by said Sylvania 
Electric Products Inc. without written consent of the owner 
of such portions in each instance, filed with said city council. 
Such consent of the city of Salem, if and when necessary, 
may be given by vote of the said city council with the 
approval of the mayor. 

Section 3. If a traveler on the highway while in the 
exercise of due care sustains bodily injury or damage in 
his property by reason of the maintenance of said structure, 
he may recover damages therefor in an action of tort brought 
in the superior court against said Sylvania Electric Products 
Inc., or its successors or assigns, within one year after the 
date of such injury or damage; provided, that such notice 
of the time, place and cause of the said injury or damage 
be given to said Sylvania Electric Products Inc., or its 
successors or assigns, by, or on behalf of, the person or 
persons sustaining the same as is, under the provisions of 
chapter eighty-four of the General Laws, valid and sufficient 
in cases of injury or damage sustained by reason of a defect 
or a want of repair in or upon a way, if such defect or want 
of repair is caused by or consists in part of snow or ice, or 
both. The remedy herein' provided shall not be exclusive, 
but shall be in addition to any other remedy provided by 
law. Approved March 15, 194o. 



Chap.l2S An Act relative to the powers of the county com- 
missioners OF MIDDLESEX COUNTY, ACTING AS THE 
WALDEN POND STATE RESERVATION COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and ninety-nine of 
the acts of nineteen hundred and twenty-two is hereby 
amended by striking out section three A, inserted by section 



Acts, 1945. — Chap. 124. 91 

one of chapter twenty-six of the acts of nineteen hundred 
and twenty-five, and inserting in place thereof the follow- 
ing : — Section 3 A . Said commission may make rules and 
regulations for the government of the said reservation in- 
cluding the waters of Walden pond, for the use of said 
reservation and for the use of said waters for the purpose of 
boating and bathing. The commission shall cause such 
rules and regulations to be posted in the reservation and 
shall also cause the same to be pubHshed at least three 
times in one or more newspapers published in said county, 
and such posting and publication shall be sufficient notice 
to all persons. The sworn certificate of smy one of the said 
commissioners or of their clerk of such posting and publish- 
ing shall be prima facie evidence thereof. Whoever violates 
any rule or regulation made hereunder shall be punished by 
fine not exceeding twenty dollars. 

Section 2. Nothing in this act shall be construed to 
prohibit fishing between the hours of one half hour before 
sunrise and two hours after sunset, between April fifteenth 
and July thirty-first, inclusive, in each year, from a boat 
or canoe or from the shore, except from that portion of the 
shore set aside as a public bathing beach. Said commission 
is hereby authorized to regulate the use of outboard motors 
and sail and motor boats on said pond, but shall have no 
power under this act to regulate the use of boats propelled 
by muscular power, except from that portion of the shore 
set aside as a public bathing beach. Said commission shall 
provide reasonable access to and from said pond for the 
owners of boats or canoes for the purpose of transporting 
the same for use in fishing. 

Section 3. This act shall take full effect upon its ac- 
ceptance by the county commissioners of Middlesex county; 
provided, that such acceptance occurs prior to December 
thirty-first in the current year, but not otherwise. 

Approved March 16, 194^. 



An Act authorizing cities and towns to appropriate Chav.V24: 

MONEY FOR A STABILIZATION FUND. 

7)6 a enacted, etc., as folloios: 

Chapter forty of the General Laws is hereby amended EdVio^*^"^' 
by inserting after section five A, as amended by chapter new '§ sb, 
thirty-four of the acts of nineteen hundred and thirty- '°^«'"*®<*- 
seven, the following section: — Section 5B. For the pur- Appropna- 
pose of creating a stabilization fund cities and towns may 8'tabiifz°ation 
appropriate in any year an amount not exceeding five per ^""'^8. 
cent of the amount raised in the preceding year by taxation 
of real estate and tangible personal property or such larger 
amount as may be approved by the Emergency Finance 
Board established under section one of chapter forty-nine 
of the acts of nineteen hundred and thirty-three. The 
aggregate amount in the fund at any time shall not exceed 



92 Acts, 1945. — Chap. 125. 

forty per cent of the amount raised by taxation of real 
estate and tangible personal property in the year next prior 
to that in which an appropriation for a stabiUzation fund 
is first voted. Any interest shall be added to and become a 
part of the fund. 

The treasurer shall be the custodian of the fund and may 
deposit the proceeds in national banks or invest the pro- 
ceeds by deposit in savings banks or trust companies organ- 
ized under the laws of the commonwealth, or invest the 
same in such securities as are legal for the investment of 
funds of savings banks under the laws of the commonwealth. 

The stabilization fund may be appropriated, in a town 
at an annual town meeting by a two thirds vote and in a 
city by a two thirds vote of the city council, for any purpose 
for which the town or city would be authorized to borrow 
money under section seven or eight of chapter forty-four 
or for such other municipal purpose as is approved by said 
emergency finance board. Said board, in addition to the 
powers and duties otherwise conferred or imposed upon it, 
is authorized to perform the further duties imposed by this 
section. . 

The members of the board aforesaid when acting under 
this section shall receive from the commonwealth compen- 
sation to the same extent as provided for services under 
section one of chapter seventy-four of the acts of the current 
year. Approved March Id, 1943. 



Chap. 125 An Act relative to the use and operation of motor 

VEHICLES ON LANDS, ROADW^AYS AND PARKWAYS UNDER 
THE CARE AND CONTROL OF THE DEPARTMENT OF CON- 
SERVATION. 

Be it enacted, etc., as folloios: 

EiV 9o'"§ IS Section eighteen of chapter ninety of the General Laws, 
ameAded. ' as appearing in the Tercentenary Edition, is hereby amended 
by inserting after the word "commission" in the seventeenth 
line the words : — or of the department of conservation, — 
Special speed SO as to read as follows: — Section IS. The city council 
for m^oto"" or the selectmen and park commissioners, on ways within 
vehicles. their control, may make special regulations as to the speed 

of motor vehicles and as to the use of such vehicles upon 
particular ways, and may prohibit the use of such vehicles 
altogether on certain ways; provided, that no such special 
regulation shall be effective unless it shall have been pub- 
lished in one or more newspapers, if there be any, published 
in the town in which the way is situated, otherwise in one 
or more newspapers published in the county in which the 
town is situated; nor unless notice of the same is posted 
conspicuously by the town or park commissioners making 
the regulation at points where any way affected thereby 
joins other ways; nor until after the department of public 
works shall have certified in writing, after a public hearing, 



Acts, 1945. — Chaps. 126, 127. 93 

that such regulation is consistent with the pubHc interests; 
and no regulation shall be valid which excludes motor 
vehicles from any state highway or from any main highway 
leading from any town to another; provided, that nothing 
herein contained shall be construed as affecting the right 
of the metropolitan district commission or of the department 
of conservation to make rules and regulations governing 
the use and operation of motor vehicles on lands, roadways 
and parkways under its care and control. The aldermen 
or the selectmen may, after a public hearing, upon special 
occasions and subject to such regulations concerning the 
closing, use and control of the way as they deem necessary 
for public convenience and safety, grant permits to persons 
to drive motor vehicles in hill-climbing contests during a 
specified time and upon specified parts of a public way at 
any rate of speed. Approved March 16, 1945. 



An Act relative to the acceptance of an act author- CIiap.126 

IZING THE TOW^N OF DENNIS TO RECEIVE AND ADMINISTER 
THE PROPERTY OF THE WEST DENNIS CEMETERY CORPORA- 
TION IN SAID TOWN. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy-four of the acts of nine- 
teen hundred and forty-three is hereby amended by striking 
out section four and inserting in place thereof the following 
section: — Section 4- This act shall take full effect upon 
its acceptance by a majority of the registered voters of the 
town of Dennis voting thereon at any town meeting of said 
town held prior to the year nineteen hundred and forty- 
seven, but not otherwise. Approved March 15, 1945. 



An Act postponing the date upon which certain acts Chap. '[27 

RELATIVE TO STATE WIDE VERIFICATION OF VOTING LISTS 
SHALL BE PERFORMED. 

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, as amended, and inserting in place 
thereof the following section : — 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- 
eight and December thirty-first in the j^ear nineteen hun- 
dred and forty-nine, verify the voting lists and certify them 
as required by section three of this act, and for this purpose 
may appoint such temporary assistant registrars as may be 
necessary. 

Section 2. Said chapter four hundred and fifty is hereby 
further amended by striking out section two, as amended, 



94 Acts, 1945. — Chap. 127. 

and inserting in place thereof the following section : — Sec- 
tion 2. The state secretary shall, on or after June fii*st in 
the year nineteen hundred and forty-eight, 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 secretary ma}' 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 previousl}^ 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 fifty voting list and by each appli- 
cant for registration on or after December first in the year 
nineteen hundred and forty-eight. Such cards shall be 
used at polling places for the purpose of identification of 
voters after January first, nineteen hundred and fifty. 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, as amended, 
and inserting in place thereof the following section : — &ec- 
tion 3. Upon the completion of the verification of the 
voting list, but in no event later than December thirty- 
first in the year nineteen hundred and forty-nine, the regis- 
trars shall file with the mayor in cities or the selectmen in 
towns, as the case may be, the following certificate : — 

We, the registrars of voters or election commissioners of 
the city (or town) of ' do hereby certify that we 

have verified the list 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-nine. 

Section 4. Section four of said chapter four hundred 
and fifty, as amended, is hereby further amended b}' striking 
out, in the second fine, the word " forty -seven " and inserting 
in place thereof the word : — fifty, — so as to read as fol- 
lows: — Section 4- On January first, nineteen hundred and 
fifty, the registrars shall revise the general register and 
the annual register compiled under section thirty-seven of 
chapter fifty-one of the General Laws as affected by this 
act and strike therefrom the names of all persons who have 
not signed the registration 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, 



Acts, 1945. — Chaps. 128, 129. 95 

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 opportunit}' to follow said procedure. 

Approved March 15, 1945. 



An Act relative to the old ladies' home association, CJiap. 128 

OF HAVERHILL. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter one hundred and 
forty of the acts of eighteen hundred and fifty-six and chapter 
eighty-seven of the acts of eighteen hundred and eighty- 
nine are hereb}^ repealed. 

Section 2. Notwithstanding any provisions to the 
contrarj^ in section one of chapter one hundred and forty 
of the acts of eighteen hundred and fifty-six, the Old Ladies' 
Home Association, of Haverhill, shall have and may exercise 
all the powers and privileges granted to similar corporations 
incorporated under any provision of chapter one hundred 
and eighty of the General Laws. 

Approved March 15, 1945. 



An Act relative to the salaries of the mayor and the Qliaj) 129 

MEMBERS OF THE CITY COUNCIL OF THE CITY OP QUINCY. I ' " 

Be it enacted, etc., as follows: 

Section 1. The mayor of the city of Quincy shall receive 
for his services such salary, not exceeding six thousand dol- 
lars, as the city council shall by ordinance determine and 
shall receive no other compensation from the city. The 
council, by a two thirds vote of all its members taken by 
yeas and nays, may establish a salary for its members not 
exceeding one thousand dollars each. Action may be taken 
hereunder notwithstanding any provision of chapter forty- 
three of the General Laws to the contrary. 

Section 2. This act shall be submitted for acceptance 
to the qualified voters of the city of Quincy at the regular 
municipal election in the current year in the form of the 
following question, which shall be placed upon the official 
ballot to be used at said election: — "Shall an act passed 
by the general court in the current year, entitled 'An Act 
relative to the salaries of the mayor and the members of the 
city council of the city of Quincy', be accepted?" If a 
majority of the votes cast on said question is in the affirma- 
tive, this act shall thereupon take full effect; otherwise it 
shall be of no effect. Approved March 15, 1945. 



96 Acts, 1945, — Chaps. 130, 131, 132. 



Chap. 130 A-N Act providing a charge for a certificate given in 

CASES OF PAYMENT OF TAXES BY PERSONS OTHER THAN 
OWNERS OF THE FEE. 

Be it enacted, etc., as follows: 
G-jL. (Ter.^^ Chapter sixty of the General Laws is hereby amended 
amended. ' by Striking out section sixty, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following sec- 
Payment of tlon : — Sectton 60. If a person other than the owner of the 
persoil'other fee rightfully pays the taxes assessed on land to the collector 
o'f'fpe"''"'^'^ or treasurer, before a taking or sale, the collector or treas- 
urer shall at the request of the person so paying give him a 
certificate of such payment stating the name of the person 
to whom the land is taxed, of the person paying the tax, 
and a substantially accurate description of the land. Such 
collector or treasurer shall charge one dollar for each certifi- 
cate so issued, and the money so received shall be paid 
into the town treasury. Such certificate being recorded in the 
registry of deeds within thirty days from its date shall jbe 
notice to all persons of such payment and of the lien therefor. 
A person whose tax is paid by another shall upon repaying 
the same have the same right to recover it from the town, 
if illegally assessed, which he would have had if the tax had 
been paid by him under written protest. 

Approved March 15, 1945. 



Chap. 131 An Act removing from civil service the positions of 

CALL firemen IN THE TOWN OF ANDOVER WITH RESPECT 
TO APPOINTMENTS THERETO HEREAFTER MADE. 

Be it enacted, etc., as follows: 

Section 1. The civil service laws, and the rules and 
regulations made thereunder, shall not appl}^ to positions of 
call firemen in the town of Andover which are to be filled 
after the effective date of this act. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of a majority of the registered voters of 
said town present and voting thereon at an annual town 
meeting, but not otherwise. Approved March 15, 1945. 



Chap. 132 An Act providing for the enforcement of certain 
provisions of law relating to firearms and other 
dangerous weapons, and ammunition therefor, by 
officers charged with the enforcement of the 
fish and game laws. 

Be it enacted, etc., as follows: 

G. h. (Ter. Sectiou oue hundred and thirty of chapter one hundred 

U36/^°' and forty of the General Laws, as appearing in the Ter- 
centenary Edition, is hereby amended by adding at the 
end the following sentence : — The officers specially charged 



ampn<lo( 



Acts, 1945. — Chap. 133. 97 

with the enforcement of chapter one hundred and thirty-one 
shall take cognizance of violations of this section and enforce 
the provisions thereof, and they shall have all powers neces- 
sary therefor, — so as to read as follows: — Section 130. Penalty for 
Whoever sells or furnishes to a minor under the age of fifteen fireL"ms^to' 
or to an unnaturalized foreign-born person any firearm, air ^l^o"" °'' 
gun or other dangerous weapon or ammunition therefor, 
or whoever sells or furnishes to any minor fifteen years of 
age or over who does not possess and display a license then 
in force to carry a pistol or revolver issued to him under 
section one hundred and thirty-one ammunition for any 
firearm as defined in section one hundred and twenty-one, 
shall, except as provided by section one hundred and twenty- 
eight, be punished by a fine of not less than one hundred nor 
more than five hundred dollars; but instructors and teachers 
may furnish military weapons to pupils for instruction and 
drill. The officers specially charged with the enforcement of 
chapter one hundred and thirty-one shall take cognizance of 
violations of this section and enforce the provisions thereof, 
and they shall have all powers necessary therefor. 

Ay-proved March 15, 1945. , 



Chap.lSS 



21, 



An Act making certain minor perfecting changes 
IN the general law^s relative to the school attend- 
ance AND employment OF CHILDREN UNDER SIXTEEN. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-one of chapter seventy-one g. l. (Ter. 
of the General Laws, as appearing in the Tercentenary amended.^ 
Edition, is hereby amended by striking out, in the fifth 
line, the word "certificates" and inserting in place thereof 
the words : — permits described in section one of chapter 
one hundred and forty-nine, — and by inserting after the 
word "chapter" in the eighth line the words: — three hun- 
dred and eleven, — so as to read as follows: — Section 21. Continuation 
Every town which has accepted chapter three hundred and courses of 
eleven of the General Acts of nineteen hundred and nine- '"«*'""''tio"- 
teen, and in which, in any year, two hundred or more minors 
under sixteen are employed not less than six hours per day 
by authority of employment permits described in section 
one of chapter one hundred and forty-nine or home permits 
described in section one of chapter seventy-six, exclusive 
of minors employed only during vacations, shall, except as 
otherwise pro\dded in this section, and any other town 
which has accepted said chapter three hundred and eleven, 
may, through its school committee, local board of trustees 
for vocational education, or both, establish at the beginning 
of the next school year and maintain continuation schools 
or courses of instruction for the education of such minors, 
and for such others as maj^ be required to attend under 
section twenty-five. The said schools or courses shall be in 
session the same number of weeks in each year as the local 



98 



Acts, 1945. — Chap. 133. 



G. I>. (Ter. 
Ed.). 71, 
§ 54, etc., 
amended. 



Physical 
examination' 
of pupils, etc. 



G. L. (Ter. 
Kd.), 149, 
§ I, etc., 
amended. 



"Employment 
permit", 
definition of. 



G. L. (Ter. 
Ed.), 149, 
§ 70, etc., 
amended. 

Fee for 
badges for 
newsboys. 



high schools, and the sessions shall be between the hours of 
eight in the morning and five in the afternoon of any work- 
ing days except Saturday. If in a town required to estab- 
lish continuation schools or courses under this section, after 
examination of the records required to be kept under sec- 
tions eighty-six and eighty-nine of chapter one hundred 
and forty-nine, it appears that in each of two consecutive 
years the number of employed minors described above falls 
below two hundred, the school committee of said town may 
apply to the department for exemption from the provisions 
of this section, and, if specifically exempted by the depart- 
ment under conditions defined by it, said town shall be 
deemed to have come under the permissive provisions of 
this section and shall so remain until two hundred or more 
such minors in any year are employed therein. 

Section 2. Section fifty-four of said chapter seventy- 
one, as amended by section one of chapter two hundred 
and sixty-five of the acts of nineteen hundred and tliirty- 
eight, is hereby further amended by striking out, in the 
ninth line, the word "certificate" and inserting in place 
thereof the word : — permit, — so as to read as follows : — 
Section S/f. Every school physician shall make a prompt 
examination of all children referred to him as provided in 
this chapter, and such further examination of teachers, jani- 
tors and school buildings as in his opinion the protection of 
the health of the pupils may require. Every such physician 
who is assigned to perform the duty of examining children 
who apply for health certificates shall make a prompt ex- 
amination of every child who wishes to obtain an employ- 
ment permit, as provided in section eighty-seven of chapter 
one hundred and forty-nine, and who presents to said phy- 
sician the pledge or promise of the employer, as provided 
in said section; and the physician shall certify in writing 
whether or not in his opinion such child is in sufiiciently 
sound health and ph3^sically able to perform the work de- 
scribed in said pledge or promise. 

Section 3. Section one of chapter one hundred and forty- 
nine of the General Laws, as amended, is hereby further 
amended by striking out the paragraph inserted by section 
four A of chapter four hundred and sixty-one of the acts of 
nineteen hundred and thirty-nine, and inserting in place 
thereof the following : — 

"Employment permit" or "permit for employment", 
shall include any permit required by an}^ provision of this 
chapter, in order to enable a child to be employed in any 
employment as herein defined, or in domestic service or 
service on a farm, or at home, or in an employment co- 
operating in a co-operative course. 

Section 4. Said chapter one hundred and forty-nine 
is hereby further amended by striking out section seventy, 
as amended by chapter ninety-four of the acts of nineteen 
hundred and thirty-nine, and inserting in place thereof the 
following: — Section 70. No minor under sixteen shall en- 



Acts, 1945. — Chap. 133. 99 

gage or be employed in any of the trades or occupations 
mentioned in section sixty-nine unless such minor complies 
with all the provasions of sections seventy-one, seventy-two 
and seventy-three and with all the legal requirements con- 
cerning school attendance, and unless a badge has been 
issued to such minor by the officer authorized to issue 
employment permits in tlie cit}' or town where such minor 
resides. The charge, if any, for such a badge issued to such 
a boy engaged or employed in the sale of newspapers in a 
street shall be such sum, not more than twenty-five cents, 
as shall be determined by the officer issuing the same. 

Section 5. Section seventy-one of said chapter one g. l. crer. 
hundred and forty-nine, as appearing in the Tercentenary amended." ^ '^^' 
Edition, is hereby amended by striking out, in the fourth 
and fifth lines, the word "certificate" and inserting in place 
thereof the word : — permit, — so as to read as follows : — 
Section 71 . Such badge shall not be issued until the officer issue of 
issuing the same shall have received, examined, approved newsboys 
and filed evidence that such boy is twelve or over, which regulated. 
shall consist of the proof of age required by section eighty- 
seven for the issuing of an employment permit. Such officer 
may refuse to issue such badge to any boy who in his opin- 
ion, after due investigation, is found physically or mentally 
incompetent or unable to do such work in addition to the 
regular school attendance required by law. 

Section 6. Section eighty-eight of said chapter one g. l. (Ter. 
hundred and forty-nine, as so appearing, is hereby amended fis.'ame'nded. 
by striking out, in the first line, the words "the preceding 
section" and inserting in place thereof the words: — section 
eighty-seven, — and by striking out, in the sixteenth and 
nineteenth lines, the word "certificate" and inserting in 
place thereof, in each instance, the word : — permit, — so as 
to read as follows : — Section 88. The school record required ^f'^^^^l'^ 
bj' section eighty-seven shall be filled out and signed by the employment 
principal or teacher in charge of the school which the child ""ertificate. 
last attended, and shall be furnished only to a child who, 
after due examination and investigation, is found to be en- 
titled thereto. Said school record shall state the grade last 
completed by such child and the studies pursued in comple- 
tion thereof. It shall state the number of days during which 
such child has attended school during the twelve months 
next preceding the time of application for said school record. 
It shall also give the name, date of birth, and the residence 
of the child as shown on the records of the school and the 
name of the parent, guardian or custodian. If the school 
record is not obtainable from the principal or teacher in 
charge of the school which such child last attended, the re- 
quirement of a school record may be waived. 

No such school record shall be issued or accepted and 
no employment permit granted unless the child possesses 
the educational qualifications described in section one of 
chapter seventy-six; provided, that a child over fourteen 
who does not possess such qualifications may be granted a 



100 



Acts, 1945. — Chap. 133. 



G. L. (Ter. 

Ed.). 149, 

§ 89, amended. 



Contents of 
employment 
certificate. 



limited employment permit good only during hours when 
school is not in session. 

No such school record shall be issued or accepted unless 
the child has regularly attended the public or other law- 
fully approved schools for not less than one hundred and 
thirty days after becoming thirteen; provided, that the 
school record may be accepted in the case of a person who 
has been an attendant at a public day or other lawfulty 
approved school for a period of not less than seven years, 
if in the opinion of the superintendent of schools such person 
is mentally incapable of acquiring the educational qualifi- 
cations herein prescribed; and provided, further, that the 
superintendent may suspend this requirement in any case 
when in his opinion the interests of the child will best be 
served thereby. 

Section 7. Said chapter one hundred and forty-nine 
is hereby further amended by striking out section eighty- 
nine, as so appearing, and inserting in place thereof the 
following section : — Section S9. The emplo3Tnent permit 
required under this chapter shall state the name, sex, date 
and place of birth and the place of residence of the child, 
and describe the color of his hair and eyes and any dis- 
tinguishing facial marks. It shall certify that the child 
named in such permit has personally appeared before the 
person issuing the permit and has been examined, and, 
except in the case of a limited permit, found to possess the 
educational qualifications described in section one of chap- 
ter seventy-six, and that all the papers required by section 
eighty-seven have been duly examined, approved and filed 
and that all the conditions and requirements for issuing 
an employment permit have been fulfilled. It shall state 
the grade last completed by said child. Every such permit 
shall be signed in the presence of the person issuing the 
same by the child in whose name it is issued. It shall state 
the name of the employer for whom, and the nature of the 
employment in which, the permit authorizes the child to be 
employed. It shall bear a number, show the date of its 
issue and be signed by the person issuing it. No fee shall 
be exacted by a town clerk or other official for an employ- 
ment permit or for any paper required by sections eighty- 
seven to ninety-five, inclusive. No duplicate employment 
permit shall be issued until it shall appear to the satisfaction 
of the person authorized to issue permits that the original 
has been lost. A record giving all the facts contained on 
every employment permit issued shall be filed in the oflace 
issuing the same, together with the papers required by 
section eighty-seven. A record shall also be kept of the 
names and addresses of all children to whom permits have 
been refused, together with the names of the schools which 
said children should attend and the reasons for refusal. All 
the aforesaid records and papers shall be preserved until 
such children, if living, have become sixteen. Such records 
and statistics concerning the issuance of employment per- 



Acts, 1945. — Chap. 133. 101 

mits as may be prescribed by the department of education 
shall be kept, and shall be open to the inspection of said 
department, its officers or agents. The blank permits and 
other papers required in connection with the issuing of 
employment permits and educational certificates under this 
chapter shall be furnished to the local school committees by 
the department of labor and industries, by which they shall 
be prepared after conference with the department of educa- 
tion and the approval of the forms thereof by the attorney 
general. Said permits, certificates and papers may bear ex- 
planatory matter necessary to facilitate the enforcement of 
this chapter or to comply with future legislative requirements. 

Section 8. Said chapter one hundred and forty-nine is g. I;. (Tor. 
hereby further amended by strildng out section ninety, as f,ti\a^a! * ""' 
so appearing, and inserting in place thereof the following : — 
Section 90. Whoever employs a child under sixteen, or Penalties for 
whoever procures, or, having under his control a child under pioyme,u'of 
sixteen, permits him to be employed in violation of section '!^f^^^'''^^^^^^^^ 
eighty-six, shall be punished by a fine of not less than ten altering em- ' 
nor more than fifty dollars or by imprisonment for not cCTtificaTe, etc. 
more than one month; and whoever continues to employ 
a child under sixteen in violation of said section, after being 
notified thereof by a supervisor of attendance or by an 
inspector, shall for ever}^ daj^ thereafter while such employ- 
ment continues 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; and whoever forges, or pro- 
cures to be forged, or assists in forging a certificate of birth 
or other evidence of the age of such child, and whoever 
presents or assists in presenting a forged certificate or evi- 
dence of birth to the superintendent of schools or to a person 
authorized by law to issue permits, for the purpose of fraud- 
ulently obtaining the employment permit required by sec- 
tion eight3--six, shall be punished hy a fine of not less than 
ten nor more than five hundred dollars or by imprisonment 
for not more than one year, or both. Whoever, being 
authorized to sign an employment permit, knowingly cer- 
tifies to any materially false statement therein shall be 
punished by a fine of not less than ten nor more than two 
hundred dollars. Whoever, without authority, alters an 
employment permit after the same is issued shall be pun- 
ished by a fine of ten dollars. 

Section 9. Section ninety-five of said chapter one hun- g. l. (Ter. 
dred and forty-nine, as so appearing, is hereby amended amendet?.' ^ ^^' 
by striking out, in the eleventh line, the word "certificates" 
and inserting in place thereof the word : — permits, — so 
that the first paragraph will read as follows : — No minor Educational 
over sixteen and under twentj'-one shall be employed in a formrnor^i^ 
factory, workshop, manufacturing, mechanical or mercantile ^ggj^^^d^'"^' 
establishment, or in a public or private bowling alley, pool twenty-one. 
or billiard room, bootblack stand or establishment, barber 
shop, or in the construction or repair of buildings, or by an 
express or transportation company, except as provided for 



102 



Acts, 1945. — Chap. 134. 



pupils in co-opprative courses, unless his employer procures 
and keeps on file an educational certificate showing the age 
of the minor and whether or not he meets the requirements 
for the completion of the sixth grade of the public schools 
of the town where he resides. Such certificates shall be 
issued by the person authorized by section eighty-seven to 
issue employment permits. The person authorized to issue 
such educational certificates shall, so far as practicable, 
require the proof of age stated in said section. He shall 
examine the minor and certify whether or not he meets 
the requirements for the completion of the sixth grade as 
aforesaid. Every such certificate shall be signed, in the 
presence of the person issuing it, by the minor in whose 
name it is issued. Approved March 15, 1945. 



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



Information 
to be sup- 
plied by 
inilk dealers 



(7m.7>.134 An Act relative to the furnishing to the milk con- 
trol BOARD OF CERTAIN INFORMATION BY LICENSED MILK 
DEALERS. 

Be it enacted, etc., as follows: 

Section thirteen of chapter ninety-four A of the General 
Laws, inserted therein by section two of chapter six hundred 
and ninety-one of the acts of nineteen hundred and forty- 
one, is hereby amended by adding at the end the two follow- 
ing subsections : — 

(e) Except as to markets in which there is in operation 
and effect an order or regulation issued bj-^ the legally con- 
stituted authorities of the United States regulating the mar- 
keting of milk in such markets, and except as to markets 
in which there is in operation and effect an order issued 
by the board regulating the marketing of milk in such 
markets upon a market-wide pool basis, each milk dealer 
Exceptions, etc. rcquircd to be licensed under this chapter, except a milk 
dealer eligible for exemption under subsection (b) of section 
four, shall, within such period as the board by order, rule or 
regulation requires, but not later than ten days after the 
close of each delivery period with respect to milk or cream 
received by such milk dealer, file with the director, in detail 
and form approved by the board, a report as follows : — 

(1) The receipts at each plant from producers, including 
the quantity, if any, of his own production; 

(2) The receipts at each plant from any other milk dealer, 
including a milk dealer who is also a producer; 

(3) The respective quantities of milk which were sold, 
distributed or used within each market, including sales to 
other milk dealers, in each use classification established by 
the board. 

The director shall compute for each such milk dealer who 
purchases or receives milk from producers on the composite 
or on a base rating plan the percentage of milk sold, dis- 
tributed or used by him in each such use classification and, 
notwithstanding the provisions of subsection (d), shall an- 



Acts, 1945. — Chap. 135. 103 

nouncp b>" mail, postage prepaid, to all such milk dealers 
and to all milk producers associations within the common- 
wealth the results of such computation, and the minimum 
composite price, or minimum base and excess prices which 
on the basis of said report such milk dealer, pursuant to the 
orders, rules and regulations of the board, is required to pay 
per hundredweight of milk containing tliree and seven tenths 
per cent butter fat content, delivered to the plant of such 
milk dealer by producers during each delivery period. 

Such announcement shall be made on or before the fifteenth 
day after the end of each deHvery period. If any such milk 
dealer receives milk from producers at more than one plant 
subject to the provisions of this subsection, such percentage 
and such minimum price or prices shall be separately com- 
puted and announced by the director for each such plant. 

The words "delivery period", as used in this subsection, 
shall mean, with respect to milk dealers who buy no milk 
from producers, a monthly period beginning on the first 
day of each month and, with respect to all other milk dealers, 
the delivery period apphcable to such milk dealers as deter- 
mined by order of the board. The composite plan and base 
rating plan referred to in this subsection shall mean the 
composite plan and base rating plan as determined by order 
of the board. 

(/) Subsection (e) shall be construed as being in addition How 
to and in no way limiting the power and authority of the 
board under subsection (6). Approved March 15, 1945. 



An Act authorizing the acquisition by boston edison Chap.lSb 

COMPANY, FOR ELECTRIC TRANSMISSION LINE AND OTHER 
PURPOSES, OF EASEMENTS IN LANDS OWNED AND HELD 
BY THE CITY OF CAMBRIDGE FOR WATER SUPPLY PUR- 
POSES AND LOCATED IN THE TOWN OF LEXINGTON AND 
IN THE CITY OF WALTHAM. 

Be it enacted, etc., as folloios: 

Section 1. The city of Cambridge, hereinafter called 
the city, acting by its city manager with the approval of a 
majority of its city council and of the department of public 
utilities, may sell and convey to Boston Edison Company, 
an electric company organized and existing under the laws 
of the commonwealth, hereinafter called the company, per- 
petual rights and easements for the transmission of electric 
current and for telephone and signal line purposes incidental 
thereto under, upon and over such portion or portions of 
the lands situated in the town of Lexington and in the city 
of Waltham which were taken or otherwise acquired by the 
city of Cambridge in connection with the water supply of 
the city as may be approved by the selectmen of said town 
of Lexington and the city council of said city of Waltham 
with respect to said lands situated within their respective 
municipalities, for such prices and upon such terms and 



104 Acts, 1945. — Chaps. 136, 137. 

restrictions for the continued use of said lands in connection 
with and for the protection of the water supply of the city 
of Cambridge as may be agreed upon by the city manager 
of the city and by the company and approved by a ma- 
jority of the city council of the city and the department of 
public utilities. 

Section 2. The company, acting by its board of directors 
and provided it has obtained, after notice and pubhc hear- 
ing, the authorization of the department of public utilities 
and the approval of the department of public health, may 
take by eminent domain under chapter seventy-nine of the 
General Laws perpetual rights and easements for the trans- 
mission of electric current and for telephone and signal line 
purposes incidental thereto under, upon and over a portion 
or portions of the lands situated in the town of Lexington 
and in the city of Waltham, which were taken or otherwise 
acquired by the city of Cambridge in connection with the 
water supply of the city. The taking or takings by emi- 
nent domain, authorized herein, shall be limited to such an 
interest in lands to which said takings relate as the depart- 
ment of public health shall find will not materially interfere 
with the use of said lands in connection with or for the 
protection of the water supply of the city. 

Approved March 19, 1945. 



ChapASQ An Act prohibiting assessors from holding the office 

OF COLLECTOR OF TAXES. 

Be it enacted, etc., as follows: 
^•L-^(Ter.^^ SECTION 1. Scction twcnty-four of chapter forty-one of 
anipndoci. " ' the General Laws, as appearing in the Tercentenary Edi- 
tion, is hereby amended by adding at the end the following 
paragraph : — 
ofric's"^*^''''' ^^ assessor shall not hold the office of collector of taxes. 
^^^^^'^' Section 2. If at the time this act becomes effective a 

.jf act. person holds both the office of assessor and the office of 

collector of taxes, the office held by him as assessor shall 
thereupon become vacant. Approved March 19, 19Jf5. 



C]iap.lS7 An Act requiring notice to the commissioner of cor- 
porations AND taxation OF CERTAIN ABATEMENTS BY 
THE APPELLATE TAX BOARD. 



G. L. (Ter 
Ed.), 59 



Be it enacted, etc., as follows: 

Section seventy-four of chapter fifty-nine of the General 
§"74,' etc.. Laws, as most recently amended by section three of chap- 
ainended. ^^^ twcnty-four of the acts of nineteen hundred and thirty- 

nine, is hereby further amended by inserting after the word 
"commissioners" in the sixth and ninth fines, in each 
instance, the words: — , appellate tax board, — so as to 
Notice to read as follows: — Section 74- Whenever an abatement is 

coniinis.sioner 



Acts, 1945. — Chaps. 138, 139. 105 

finally made to any corporation taxable under chapter of certain 
sixty-tliree upon any tax assessed by the assessors of any abatements. 
town, upon or in respect of works, structures, real estate, 
motor vehicles, trailers, machinery, poles, underground 
conduits, wires and pipes, the assessors, commissioners, 
appellate tax board or court granting such abatement shall 
forthwith notify the commissioner thereof, and shall state 
in such notice what sum was determined by such assessors, 
commissioners, appellate tax board or court to have been 
the full and fair cash value of such works, structures, real 
estate, machinery, poles, underground conduits, wires and 
pipes on the first day of January on which the tax so 
abated was originally assessed or to have been the proper 
value of an}^ such motor vehicle or trailer owned by such 
corporation and assessed under chapter sixty A. 

Approved March 19, 1945. 



An Act relative to polling hours at regular, pre- Chap. 1S8 

LIMINARV AND SPECIAL CITY ELECTIONS IN THE CITY OF 
LAWRENCE. 

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 Lawrence 
shall be open shall be fixed by the city council of said city 
in accordance with the provisions of the General Laws 
relating to polling hours at city elections, notwithstanding 
any provision of Part II of chapter six hundred and twenty- 
one of the acts of nineteen hundred and eleven or any act 
in amendment thereof or in addition thereto. 

Approved March 19, 1945. 



An Act to facilitate voting by absent voting ballots Phnr) 139 

AT CERTAIN REGULAR MUNICIPAL ELECTIONS IN THE CITY 
OF BOSTON BY RESIDENTS OF SAID CITY IN THE ARMED 
FORCES OF THE UNITED STATES AND BY OTHERS. 

Be it enacted, etc., as follows: 

Section L For the purposes of any regular municipal 
election in the city of Boston to which this act applies, the 
following provisions of law shall be effective : — 

(1) Nomination papers of candidates for election at any 
such election shall be issued bj^ the board of election com- 
missioners on and after but not before the twenty-third 
Tuesda}^ instead of the eleventh Tuesday, preceding such 
election. 

(2) The last time for filing nomination papers of candi- 
dates for election at any such election shall be five o'clock 
post meridian on the twentieth Tuesday, instead of on the 
eighth Tuesday, preceding such election. 

(3) The time for completion of certification of signatures 



106 Acts, 1945. — Chap. 139. 

on nomination papers of candidates for election at any such 
election shall be five o'clock post meridian on the seventeenth 
Tuesday, instead of on the thirty-fourth day, preceding 
such election. 

(4) The last time for filing withdrawals of or objections 
to nominations of candidates for election at any such election 
shall be five o'clock post meridian on the sixteenth Tuesday, 
instead of on the twenty-eighth day, preceding such election. 

(5) The last time for filing substitutions to fill vacancies 
caused by withdrawal or ineligibility of candidates for 
election at an}^ such election shall be five o'clock post meri- 
dian on the sixteenth Friday, instead of on the twenty- 
seventh day, preceding such election. 

(6) The voting list of the year preceding that in which 
any such election is held, as amended and revised up to and 
including December thirty-first of such preceding year, 
shall be used for the certification of names, on nomination 
papers of candidates for election at such election, or on 
petitions or other papers filed for the purpose of placing 
questions on the official ballot to be used thereat; provided, 
that, if the name of anj^ person whose signature is referred 
to in the following sentence cannot be found on the voting 
list of such preceding year but is found on the voting list 
of the then current year, if available, such name may be 
certified hereunder. Any other provision of law to the con- 
trary notwithstanding, persons whose signatures appear 
on such nomination papers, petitions or other papers shall 
state thereon their residence as of January- first in such 
preceding year and their present residence. 

(7) No question which, under the provisions of any 
general or special law, is required to be placed on the official 
ballot to be used at such an election upon the filing of a 
petition or other paper shall be placed on the official ballot 
to be used thereat unless the petition or other paper shall 
have been submitted to the board of election commissioners 
of said city for certification of the names thereon on or 
before five o'clock post meridian on the twenty-second 
Tuesday preceding such election and shall have been filed 
in compliance with law on or before five o'clock post meri- 
dian on the twenty-first Tuesday preceding such election. 

(8) The provisions of section ninety of chapter fifty-four 
of the General Laws shall not be operative. 

Section 2. The words "armed forces of the United 
States" as used in this act, and, for the purposes of any 
regular nmnicipal election in the city of Boston to which 
this act applies, the words aforesaid as used in chapter three 
hundred and ninety of the acts of nineteen hundred and 
forty-three, shall include persons serving in the merchant 
marine of the United States, and persons serving in the 
American Red Cross, the Society of Friends, the Women's 
Auxiliary Service Pilots or the United Service Organizations 
and attached to and serving with such armed forces, and 
shall also include veterans of World War II, so called. 



Acts, 1945. — Chap. 139. 107 

Section 3. The board of- election coinmissioners of 
said city may determine and prescribe the weight, color 
and kind of paper to be used for absent voting ballots and 
envelopes and accompanying voting instructions to be 
pro\ided for use at any such regular municipal election 
in said city by members of the armed forces of the United 
States, in so far as may in its opinion be necessary for the 
purpose of facilitating voting by absent voting ballots by 
said members at such an election or for the purpose of secur- 
ing the necessary paper in view of the present shortage, 
and may make such provision for the mailing and delivery 
of said ballots to said members as may in its opinion be 
necessary for such purpose. On the back of each such 
ballot, when folded, shall be printed the words, "Official 
War BaUot". 

Section 4. Any form of written communication from 
a member of the armed forces of the United States evidenc- 
ing a desire that an absent voting ballot be sent to him 
for use for voting at any such regular municipal election 
in said city shall be given the same effect as an application 
for an absent voting ballot made in a form prescribed by 
law, and any such communication, whether or not in the 
form of an application so prescribed, shall, if such member 
of said armed forces is not a registered voter, also be given 
the same effect as an application for his registration made 
by kindred in compliance with chapter three hundred and 
ninety of the acts of nineteen hundred and forty-three. No 
such communication shall be adversely acted upon except 
after investigation by the board of election commissioners. 
Section 5. Any action in connection with voting by 
absent voting ballots which maj' lawfully be taken under 
chapter three hundred and ninety of the acts of nineteen 
hundred and forty-three or anj^ other provision of law by, 
before or in the presence of an official authorized by law to 
administer oaths or a commissioned officer in the military 
or naval forces of the United States or by a clerk of a court 
of record may, in the case of voting by absent voting ballots 
by members of the armed forces of the United States at 
any such regular municipal election in said city, be taken 
with like effect by, before or in the presence of anj- com- 
missioned officer, noncommissioned officer not below the 
rank of sergeant, or petty officer, in the military or naval 
forces of the United States, or by, before or in the presence 
of any member of the merchant marine of the United States 
who may be designated by the Administrator of the War 
Shipping Administration for the purpose of administering 
and attesting oaths in connection with voting by absent 
voting ballots. 

Section 6. No mere informality in the manner of 
carrying out any provision of law affecting voting by absent 
voting ballots by members of the armed forces of the United 
States at any such regular municipal election in said city 
shall invalidate such election or constitute sufficient cause 



108 Acts, 1945. — Chap. 140. 

for the rejection of the returns thereof; and such provisions 
shall be construed liberall}- to effectuate their purposes. 
Section 7. This act shall take effect upon its passage, 
but shall not apply to any regular municipal election held 
in the city of Boston after the expiration of one year follow- 
ing the termination of the existing states of war between 
the United States and certain foreign countries. 

Approved March 20, 1945. 



Chap. 140 An Act exempting persons serving in the armed forces 
OP the united states in time of war who own dogs, 

AND the keepers OF SUCH DOGS, FROM PAYMENT OF 
CERTAIN LICENSE FEES. 

proambir' WkereGs, The license fees to which this act relate fall due 

on April first in the current 3^ear, therefore this act is de- 
clared to be an emergency law necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

EdV ilo'^ Chapter one hundred and forty of the General Laws is 

§' 137, etc., hereby amended by strildng out section one himdred and 

amended. thirty-seven, as amended, and inserting in place thereof the 

Licenses following section : — Section 137. A person who at the 

and collars "^ jpi. . ^ . ii- 

for d(jss. commencement or a license period is, or who during any 

license period becomes, the owner or keeper of a dog three 
m.onths 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 licensed for 
such period. The registering, numbering, describing and 
Hcensing of a dog, if kept in Boston shall 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 
subject 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 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 at- 
tached a tag in a form prescribed by the director, and upon 
which shall appear the license number, the name of the 
town issuing such license and the year of issue. Such tags 
shall be furnished in the same manner as the license blanks, 



Acts, 1945. — Chap. 141. 109 

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 police commissioner, at a cost 
of ten cents which, if received by a town clerk, shall be 
retained by him unless otherwise provided by law. This 
section shall not apply where it is otherwise provided by 
law, nor shall it apply to a person having a kennel license. 
In the case of a dog belonging to a person in the military 
or naval service of the United States in time of war, the 
license required hereunder shall be issued free of charge 
to the owner or keeper of such dog; provided, that such 
license shall be in a form prescribed by the director. If 
such license is for a female dog which has been spayed and 
has thereby been deprived of the power of propagation, the 
certificate required under section one hundred and thirty- 
nine shall be filed with said clerk or police commissioner. 

Approved Majxh 20, 19If.5. 



An Act relative to assignments of accounts receiv- CJurpA^l 

ABLE. 

Be it enacted, etc., as follows: 

Section 1. The General Laws are hereby amended by o, l. (Xf-r. 
inserting after chapter one hundred and seven the following JPhapterioTA, 
new chapter: — inserted. 

Chapter 107A. 

ASSKJNMENTS OF ACCOUNTS RECEIVABLE. 

Section 1 . For the purposes of this chapter the following Definitions. 
words, unless the context or subject matter otherwise re- 
quires, shall have the following meanings : — 

"Account" means an account receivable. It includes 
sums owing, although not yet payable, under an existing 
contract, but not sums to become due for goods not yet 
completed or services not yet rendered. It excludes a 
judgment, note, draft, acceptance, conditional sale contract 
and other instrument for the payment of money, the assign- 
ment of which is usually made by endorsement on or dehvery 
of the instrument and sums due for personal services of an 
employee. 

"Assignment" includes any transfer, sale, pledge or 
mortgage of an account, or of a part thereof. 

"Assignor" includes transferor, seller, pledgor and mort- 
gagor. 

"Assignee" mcludes transferee, purchaser, pledgee, mort- 
gagee and persons with rights acquired from or through such 
assignee. 

"Account debtor" means a person obligated to pay an 
account. 

"Subsequent assignee" means a later assignee of an 
account, mediately or inunediately claiming under an as- 
signor who has previously assigned such account. 



no 



Acts, 1945. — Chap. 141, 



Effect of 
aesignment 
ef «ccoun<. 



Defences 
of account 
debtor. 



Accountability 
of mssignee 
to sissignor. 



"Value" means any consideration sufficient to support 
a simple contract, including an antecedent debt or liability, 
whether an account is taken in satisfaction thereof or as 
security therefor. 

Section 2. An assignment of an account transfers from 
the date of its making all rights which the assignor has 
power to transfer and shall be and be deemed to be valid 
and fully perfected as of the date it is made, if 

(a) it is in writing; 

(6) the assignee has given value therefor; 

(c) the assignee takes the assignment in good faith; and 

{d) whether or not notice of the assignment is given to 
the account debtor or the account debtor assents to said 
assignment. 

After the making of such an assignment no existing or 
future creditor of the assignor and no subsequent assignee 
shall or can acquire any right, title, lien or interest in or 
to such account, or any proceeds thereof, or any judgment, 
instrument, token or writing given as evidence thereof or in 
substitution therefor, equal or superior to or in diminution 
of the rights of the assignee under such assignment. 

Section S. Whenever, prior to notice to him of an assign- 
ment of an account, the account debtor shall have 

(a) made payment of the account, in whole or in part; or 

(h) given a negotiable instrument in pa>Tnent or as evi- 
dence, in whole or in part thereof; or 

(c) effected a novation in respect thereto; or 

{d) become liable upon a final judgment thereon; such 
payment or the assumption or suffering of such substitute lia- 
bility shall, to the extent thereof, be a good and valid dis- 
charge of the account debtor's liability upon such account. 
Further, nothing in this chapter shall deprive the account 
debtor of any valid defence to which he would otherwise be 
entitled or any valid right existing under the contract from 
which the assigned account arose or of any right of set-off 
or counterclaim against the assignor existing at the time 
the account debtor receives notice of the assignment. 

Section ^. If an account is assigned as provided in 
section two, the assignor and any subsequent assignee of 
the account and any creditor of such assignor, other than a 
creditor realizing on a lien acquired prior to such assign- 
ment, shall be liable and accountable to the assignee under 
such assignment for all sums thereafter received by such 
assignor, subsequent assignee or creditor in payment, in 
whole or in part, of such account; and any such assignor, 
subsequent assignee or creditor who after the date of such 
assignment obtains an instrument, token or writing in 
pajonent or as evidence, in whole or in part, of such account, 
or effects a novation with respect thereto, or obtains an 
order, judgnaent or decree for the payment of such account, 
shall be deemed to have received, effected or obtained thf- 
same for the use and benefit of the assignee under such 
assignment and shall be liable and accountable to him there- 



Acts, 1945. — Chap. 142. HI 

for and for the proceeds thereof; provided, that any action 
to enforce any rights under this section against any party 
other than the assignor shall be commenced only within one 
year from the date such funds are received, such novation 
is effected, or such instrument, token, writing, order, judg- 
ment or decree is obtained, as the case msiy be. 

Section 5. If, in the case of any assigned account, mer- Recover- of 
chandise sold, or any part thereof, is returned to or recov- ^fa^^ff^^t^of. 
ered by the assignor from the account debtor and is there- 
after dealt with by the assignor as his own property, or if 
the assignor grants credits, allowances or adjustments to 
the account debtor, the right to or lien of the assignee upon 
any balance remaining owing on such account and his right 
to or lien upon any other account assigned to him by the 
assignor shall not be invalidated, irrespective of whether the 
assignee shall have consented to, or acquiesced in, such acts 
of the assignor. 

Section 6. This chapter shall not apply to the rights Application 
of the United States in any case of an assignment of a claim ° '^'^*' 
against the United States but shall apply to the rights of 
all other persons interested in such an assignment. 

Section 2. Section five of chapter two hundred ^^d g^l. ^Ter 
thirty-one of the General Laws, as appearing in the Ter- amended.' 
centenary Edition, is hereb}^ amended by adding at the 
end the words : — except as otherwise provided in section 
three of chapter one hundred and seven A, — so as to read 
as follows: — Section 5. The assignee of a non-negotiable Action by 
legal chose in action which has been assigned in writing ofclose 
may maintain an action thereon in his own name, but subject '"^ action. 
to all defences and rights of counter-claim, recoupment or 
set-off to which the defendant would have been entitled 
had the action been brought in the name of the assignor 
except as otherwise provided in section three of chapter 
one hundred and seven A. Approved March 20, 1945. 



An Act relative to contested elections and election (^f^^'p ^42 

RECOUNTS in CASES WHERE VOTING MACHINES HAVE BEEN 
USED. 

Be it enacted, etc., as follows: 

Section one hundred and thirty-five A of chapter fifty- g. l. (Xer. 
four of the General Laws, as amended by section twenty-five f tii^f etc. 
of chapter four hundred and eleven of the acts of nineteen amended. 
hundred and forty-three, is hereby further amended by 
inserting after the word "clerk" in the twelfth hne the 
following : — All voting machines used in an election shall ^o^j^^ng 
remain locked and sealed for the period of thirty days next recount where 
succeeding the date of the election, after which time the ohinefS." 
voting machines may be unsealed and unlocked and made ^*'^^- 
available for preparation for use in the succeeding election; 
provided, that upon receipt of notice of contest, as provided 
by section one hundred and thirty-four, or a petition for a 



112 Acts, 1945. — Chaps. 143, 144. 

recount under section one hundred and thirty-five, the 
registrars of voters shall, within five days from the receipt 
thereof, proceed to inspect and examine the voting machines 
showing the votes cast for such contested office, and shall 
make a record of the votes for said contested office as shown 
on said voting machines, which record, if correct, they shall 
duly certif}^ as correct over their signatures, and shall pre- 
serve such records so that the same may be available in 
such contest or recount as evidence of the votes cast for 
such office upon said voting machines. Such record shall 
be received as evidence as fully and with as full force and 
effect as if proved by the oral testimony of the persons 
who shall sign the same, or by the production of said vot- 
ing machines in court or before said board. The principals 
of such contest or recount, and their authorized representa- 
tives, shall be notified in writing of, and be permitted to 
be present at, the aforementioned inspection, examination 
and recording of the results as shown on said voting machines. 
After such inspection, examination and recording of the 
results thereof, the said voting machines shall immediately 
thereafter be released and shall be available for preparation 
for use in the succeeding election. 

Approved March 20, 1945. 

ChctpA4:3 An Act relative to the assessment of mortgaged or 

PLEDGED PERSONAL PROPERTY. 

Be it enacted, etc., as follows: 
G^L.^Ter. Chapter fifty-nine of the General Laws is hereby amended 

§19,' etc., by striking out section nineteen, as amended by section 
amended. thirty-oue of chapter two hundred and fifty-four of the 

acts of nineteen hundred and thirty-three, and inserting in 
Assessment placc thereof the following section : — Section 19. Personal 
per"o°na?^^'"' property mortgaged or pledged shall be assessed to the 
property, etc. owucr Or to the mortgagee or pledgee in actual physical 

possession thereof on January first. 

Approved March 20, 1945. 



Chap. 14:4: An Act relative to polling hours at elections in 

THE city of BEVERLY. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and forty of the acts 
of nineteen hundred and twenty-two is hereby amended 
by strildng out section one and inserting in place thereof 
the following section : — Section 1 . On the third Tuesday 
preceding every municipal election in the city of Beverly 
at which any elective municipal office is to be filled, ex- 
cept as is otherwise provided in section eight, there shall be 
held a preliminary election for the purpose of nominating 
candidates therefor. No special election for mayor or any 
other officer shall be held until after the expiration of forty 
days from the calling of a preliminary election, except as 



Acts, 1945. — Chaps. 145, 146. 113 

is otherwise provided herein. At ever}^ biennial, preUminan- 
and special election the polls shall be open during such hours, 
in accordance with general law, as the board of aldermen 
may prescribe, and the laws of the commonwealth relative 
to citj' elections shall apply thereto, except as is otherwise 
specifically provided herein. 

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

Approved March 23, 1945. 

An Act adopting the international log rule as the Chaj).\4:b 

STANDARD LOG RULE FOR DETERMINING THE BOARD FEET 
CONTENT OF SAW LOGS IN THIS COMMONWEALTH. 

Be it enacted, etc., as follows: 

Chapter ninety-six of the General Laws is herebj^ amended S-,^ j^T'^''- 
b}' adding at the end the following section: — Section 11 A. ncw'§nA, 
The international log rule, based upon one fourth inch saw '"''"'''' 
kerf, as expressed in the formula (D ^ X 0.22) - 0.71D) lo^'gl-uie*'"""' 
X 0.904762 for four foot sections (D represents top di- 
ameter of log in inches; taper allowance, one half inch per 
four feet lineal), shall be the standard log rule for deter- 
mining the board foot content of saw logs in this common- 
wealth, and all contracts entered into for the purchase and 
sale of saw logs shall be deemed to be made on the basis of 
such standard rule, imless some other method of measurement 
is specifically agreed upon. Approved March 23, 194-5. 

An Act relative to fees to be charged by the sealer CJ^d/p 146 

OF WEIGHTS AND MEASURES OF THE CITY OF CAMBRIDGE 
FOR SEALING CERTAIN WEIGHING AND MEASURING DEVICES. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of section fifty-six of 
chapter ninety-eight of the General Laws, as amended, 
the sealer of weights and measures of the citj?' of Cambridge 
shall receive the following fees for sealing the following 
weighing and measuring devices : — 

Scales. Fees. 

A. Platform, over ten thousand pounds Three Dollars 

R. Platform, five thousand to ten thousand 

pounds Two l^ollars 

C. I'^latform, one hundred to five thousand 

pounds . ... 

D. Counter, one hundred pounds or over 

E. Counter, under one hundred pounds 

F. Beam, one hundred pounds or over 
C. Beam, under one hundred pounds . 
H. Springe, one hundred pounds or over 
T. J^pring, under one hundred pounds . 
J. Computing, one hundred pounds or over One Dollar 
K. Computing, under one hundred pounds Twenty-five Cents 
L. Personal \\'eighing (slot) .... One Dollar 

M. Prescription Twenty-five Cents 

N. Jewelers' Twentv-five Cents 



One Dollar 
One Dollar 
Twenty-five Cents 
One Dollar 
Twenty-five Cents 
One Dollar 
Twent^^-five Cents 



114 



Acts, 1945. — Chap. 147. 



Weights. Fms. 

Avoirdupois Five Cents 

Apothecar}' Five Cents 

Metric Five Cents 

Troy Five Cents 

Capacity Measurements. 

Vehicle tanks, one hundred gallons or less r)iie Dollar 
Vehicle tanks, each additional one hundred 

g;allons or less Fifty Cents 

Liquid, one gallon and under .... Five Cents 

Liquid, over one gallon Ten Cents 

Oil jars Five Cents 

Dry Five Cents 

J'uel baskets Five Cents 

Automatic Me.\surino Devices. 

Meters, one inch inlet or less .... Fifty Cents 

Meters, over one inch inlet .... Three Dollars 

Grease measuring meters Fifty Cents 



Gasoline pumps 1 

Quantity measure on pumps i 
Oil measuring pumps j 

Quantity measure on pumps j 
Bulk station meter system 
Tank truck meter system 



Ten Cents 

Ten Cents 

One Dollar 
One Dollar 



Linear Measurements. 

Leather measuring machines (semi-annually) One Dollar 

Yardsticks Five Cents 

Tapes . . Five Cents 

Cloth measuring devices Five Cents 



Taxi meters 



Taxi Meters. 

One Dollar 
Approved March 2S, 1945. 



(^Jurp. 14:7 An Act relative to the discharge of inmates of cer- 
tain OF THE MASSACHUSETTS TRAINING SCHOOLS. 

Be it enacted, etc., as follows: 

Section tw^enty of chapter one hundred and twenty of the 
General Laws, as appearing in the Tercentenary Edition, 
is hereby amended by striking out the first sentence and 
inserting in place thereof the following sentence: — The 
trustees may discliarge and return to his parents, guardian 
or protector any boy who, in their judginent, ought for 
any cause to be removed from the Lyman school or the 
industrial school for boys, and they may discharge and return 
to her parents, guardian or protector any girl who, in their 
judgment, ought for any cause to be removed from the 
industrial school for girls. Approved March 23, lO^o. 



G. L. (Ter. 
Ed.), 120, § 20, 
amended. 



Discharge 
of imnatPB. 



Acts, 1945. — Chaps. 148, 149, 15U. 115 



An Act kxiiondinc; ifir KhFKcrrvF'] pkhiod ok CKurAiN ('j,ff,) |4v^ 

TEMPORARY PROVISIONS OF LAW RELATIVE TO THE MARK- 
ING OF COMFORTERS, QtJILTS AND PUFFS CONSISTING IN 
WHOLE Olt IN PART OF REPROCESSED MATERIAL, 

lie it enacted, etc., as fullows: 

Chapter three hundred and eighty-one of the acts of 
nineteen hundred and forty-three is hereby amended by 
striking out section four and inserting in place thereof the 
ibllowing section : — Section 4- This act shall be operative 
onl}' until July first, nineteen hundred and forty-six. 

Approved March 23, 1945. 



An Act relative to the number of signatures to be (^}^m) \^() 

CERTIFIED ON RECOUNT PETITIONS. 

Be it enacted, etc., as follows: 

Section one hundred and thirty-five of chapter fifty-four g. l. (Tor. 
of the General Laws, as most recently amended by chapter §^'}35,^eiV., 
four hundred and seventeen of the acts of nineteen hundred amended. 
and forty-three, is hereby further amended by inserting after 
the first paragraph the following paragraph : — 

In the case of am- petition for a recount hereunder, the certitic:.ti(Hi 
registrars need not certify a greater number of names than "^ "■■^""■''■ 
is required hereby for the holding of the recount, increased 
b}' one fifth thereof. Approved March 23, 1945. 



An Act further regulating the parole of defective fj^dp i^() 

DELINQUENTS AND DRUG ADDICTS. 

Be it enacted, etc., as follows: 

Section one hundred and eighteen of chapter one hundred g. l. (Tor. 
and twenty-three of the General Laws, as most recently §'ii8, etV'., 
amended b}^ section six of chapter one hundred and eighty- ■'""•"''''''• 
five of the acts of nineteen hundred and forty-three, is 
hereb}' further amended b>' striking out, in the eighth and 
ninth lines, the words ''said person is recommended" and 
inserting in place thereof the words : — the matter of the 
parole of said person is presented, — and by striking out, 
in the twelfth line, the words "for parole", — so as to read 
as follows: — Section IIS. The parole board in the depart- Paroie of 
ment of correction may parole inmates of the departments aoifn^irejits. 
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 delinquents or 
for drug addicts, unless and until the matter of the parole 
of said person is presented by the superintendent and physi- 
cian of the institution at which the department is established, 
or if established at the state farm, by the superintendent 



116 Acts, 1945. — Chaps. 151, 152, 153. 

and medical director thereof, for consideration by the 
parole board. In all other respects the parole of defective 
delinquents may be regulated by rules of the parole board. 

Approved March 2S, 1945. 



Chap. 151 An Act relative to the membership of the trustees 

OF AMHERST COLLEGE. 

prpambiT'^ ^Vheretts, The deferred operation of this act would prevent 

the corporation referred to therein from increasing its 
membership as authorized thereby prior to the time of the 
commencement exercises at Amherst College 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. The number of members of the Trustees 
of Amherst College, including the president and the treas- 
urer of said college, who shall each, ex officio, be one of said 
members, shall never be greater than eighteen. 

Section 2. All acts and parts of acts limiting the num- 
ber of the members of the Trustees of Amherst College 
to less than eighteen are, to the extent of such limitation, 
hereby repealed. Approved March 26, 1945. 



Chap.152 An Act extending further the duration of a law 
providing for the trial or disposition of certain 

CRIMINAL cases BY DISTRICT COURT JUDGES SITTING IN 
THE SUPERIOR COURT. 

Be it enacted, etc., as follows: 

Chapter four hundred and sixty-nine of the acts of nine- 
teen hundred and twenty-three is hereby amended by 
striking out section five, as most recently amended by 
chapter one hundred and forty of the acts of nineteen hun- 
dred and fort^^-three, and inserting in place thereof the 
following section: — Section 5. This act shall not be op- 
erative after December thirty-first, nineteen hundred and 
forty-seven. Approved March 26, 1945. 



Chap. 153 An Act relative to the licensing of recreational 

CAMPS, OVERNIGHT CAMPS OR CABINS AND TRAILER CAMPS. 

Be it enacted, etc., as follows: 

EdV iJo'^' Chapter one hundred and forty of the General Laws is 

§ 32ii, etr., hereby amended by striking out section thirty-two B, as 
amended. amended by chapter three hundred and ninety-six of the 

acts of nineteen hundred and forty-one, and inserting in 
Licenses for placc thereof the following section : — Section 32 B. The 
and trailer board of health of any city or town, in each instance after 

camps. 



Acts, 1945. — Chap. 154. 117 

a hearing, reasonable notice of which shall have been pub- 
lished once in a newspaper published in such city or town, 
may grant, and may suspend or revoke, licenses for recrea- 
tional camps, overnight camps or cabins or trailer camps 
located within such city or town, which license, unless pre- 
viously suspended or revoked, shall expire on December 
thirty-first in the year of issue, but may be renewed annually 
upon application without such notice and hearing. The fee 
for each original hcense shall be three dollars and for each 
renewal thereof fifty cents. Such board of health shall at 
once notify the state department of public health of the 
granting or renewal of such a license, and said department 
shall have jurisdiction to inspect the premises so licensed 
to determine that the sources of water supply and the works 
for the disposition of the sewage of such premises are sanitary. 
If upon inspection of such premises said department finds 
the sources of water supply to be polluted or the works for 
the disposition of the sewage to be insanitary, or both of 
such conditions, said department shall forthwith notify such 
board of health and such licensee to that effect by registered 
mail and said board shall forthwith prohibit the use of 
any water supply found by said department to be polluted. 
Unless such licensee shall, within thirty days following the 
giving of such notice, correct the conditions at such premises 
to the satisfaction of both said department and such board 
the license so granted shall be suspended or revoked by such 
board. Any license so suspended may be reinstated by such 
board when the conditions at such premises, as to sources 
of water supply and works for the disposition of sewage, are 
satisfactory to said department and such board. The board 
of health of a city or town may adopt, and from time to time 
alter or amend, rules and regulations to enforce this section 
in vsuch city or town. Approved March 26, 1945. 



An Act authorizino hampden county to expend a cer- Ch(iV.l^4: 

TAIN STTM OF MONEY FOR THE PURPOSE OF PAYING CERTAIN 
BILLS OF THE YEAR NINETEEN HUNDRED AND FORTY-FOUR. 

Be it enacted, etc., as follows: 

Section 1. The county of Hampden may expend eleven 
thousand, six hundred and sixty-eight dollars and twenty- 
three cents for the purpose of paying certain bills incurred 
during the year nineteen hundred and forty-four, as shown 
in the list on file in the office of the county commissioners of 
said county, the said sum to be included in the appropriations 
for the current year for said county. 

Said bills, when approved by the county commissioners, 
may be paid by the treasurer from any available funds or 
from the proceeds of loans made in anticipation of taxes of 
the year nineteen hundred and forty-five. 

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

Approved March 27, 1945. 



118 Acts, 1945. — Chaps. 155, 156. 

(liapAbb An Act giving the governor certain emergency war 

POWERS FOR protecting THE PUBLIC HEALTH DURING THE 
PRESENT FOOD SHOUTA(JE. 

pn'ambie'^ Wkeveas, The deferred operation of this act would tend to 

defeat its purpose, which in part is to empower the governor 
to take without delay in the existing emergencj' of war the 
action authorized thereby, therefore it is herebj' declared to 
be an emergency law, necessary for the immediate preserva- 
tion of the public health and convenience. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of protecting the health 
of the inhabitants of the commonwealth, particularly those 
confined in hospitals, during the present food shortage 
emergency brought about by existing war conditions and 
aggravated by certain unlawful practices in the sale and 
distribution of certain foods and especially poultry, the 
governor may take possession of any poultiy wherever found 
in this commonwealth. He may sell or distribute poultry 
so taken to and among hospitals maintained by the common- 
wealth or any of its political subdivisions and may sell such 
poultry to private hospitals. He shall, with the approval of 
the council, award reasonable compensation to the owners 
of poultry of which he may take possession under authority 
of this act, and the awarding of such compensation shall be 
subject to the provisions of paragraphs (d), (e) and (/) of 
section six of chapter seven hundred and nineteen of the acts 
of nineteen hundred and forl3'-one. 

Section 2. The govei'nor ma}', by writings signed by 
him, confer upon the commissioner of public safety and such 
other official or officials of the conunonwealth or any political 
subdivision thereof, full power and authority to do in his 
name whatever may be necessary to carry into effect the 
powers conferred on him by this act. 

Section 3. This act shall remain in force until the gov- 
ernor, with the advice and consent of the council, proclaims 
that the said food shortage emergency is ended; provided, 
that it 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 health. 

Approved March 27, 1945. 



Chfi]).15Q -^N Act providing sick leaves for laborers, workmen 

AND mechanics REGULARLY EMPLOYED BY CERTAIN CITIES 
AND TOWNS. 

Be it enacted, etc., a ■'^ follows: 

EdVii ' ('hapter forty-one of the General Laws is hereby amended 

new § 111 H, by inserting after section one hundred and eleven A the 
o'^Vi' following section: — Section lUB. Any laborer, workman 

Sick leave " . •' . ' i ■ i 

for laborers, or mccliamc regularly employed by any city or town wlucli 

etc., of cer- * » ./ .^ V ^ 



Acts, 1945. — Chaps. 157, 15S. 119 

accepts this section shall, when entitled thereto, be granted ^nd t^i^^?. 
sick leaves aggregating not more than fifteen days in any 
year, exclusive of Sundays and holidays, wthout loss of pay; 
provided, that sick leave allowances not used in any par- 
ticular year may be accumulated, for such number of years 
as may be determined by the city council of any such city 
or selectmen of any such town, for use in any subsequent 
yesLT. Approved March 27, 1945. 



An Act PROviDiN<i that applicants for examination for (j/'^Qp 257 

ADMISSION TO THE BAR SHALL NOT BE RESTRICTED AS TO 
THE NUMBER OF EXAMINATIONS WHICH THEY MAY TAKE. 

Be it enacted, etc., as follows: 

Section thirty-six of chapter two liundred and twenty-one p^|V^9i''''j :j,; 
of the General Laws, as appearing in the Tercentenary Edi- ampmied.' 
tion, is hereby amended by inserting after the word "edu- 
cation" in the ninth line the following: — ; and provided, i^'J,'",',^^'"",^" 
further, that no applicant for an examination for admission 
to the bar sIimII be restricted as to the number of times he 
may take such an examination. 

Approved March 27, 1943. 



An Act making changes in the laws relative to county C ha p. 158 

FINANCE WHICH HAVE BECOME NECESSARY OR ADVISABLE 
BY REASON OF THE AMENDMENT TO THE CONSTITUTION 
PROVIDING FOR ANNUAL SESSIONS OF THE GENERAL COURT 
AND FOR AN ANNUAL BUDGET, AND FOR OTHER REASONS. 

He it enacted, etc., as follows: 

Section 1. Chapter thirty-five of the General Laws is (!. h. q\-r. 
hei-eby amended by striking out section twenty-eight, as §'28,' etc., 
most recently amended by section one of chapter five hun- amended. 
dred and one of the acts of nineteen hundred and thirty- 
nine, and inserting in place thereof the following: — Section Estimates 
28. The county comiuissioners shall annually prepare esti- "Ip °n "es^ etc. 
mates of county receipts and expenditures for the ensuing 
year, in the form prescribed by the director of accounts and 
upon blanks by him furnished, including estimates for con- 
struction and repair of county buildings and for effecting 
insurance providing indenmity for or protection to the officers 
and employees of the county against loss by reason of their 
liability to pay damages to others for bodily injuries, includ- 
ing death at any time resulting therefrom, or for damage to 
property, caused by the operation, within the scope of their 
official duties or employment, of motor or other vehicles 
owned by the county, to an amount not exceeding five 
thousand dollars on account of injury to or death of one 
person, and not e.xceeding one tliousand dollars on account 
of damage to property, or for providing indemmty or protec- 
tion as aforesaid without insurance, with a statement of the 



120 



Acts, 1945. — Cuav. 158. 



(;. I.. (Tcr. 
K(l.). :io, 

§ I'fl, ftc, 
MiiiiMuled. 



County ex- 
penditures 
nuthorizod by 
general court. 



G. h. (Ter. 
Ed.). 35, 
§ 30, etc., 
n.mended. 



Aii\ount of 
county tax 
regulated. 



G. L. (Tor. 
Ed.), 35, 
« 34. etc., 

:iiucri<lt«l. 



corresponding appropriations for the preceding year, and 
expenditures for each of the three preceding years, explaining 
any difference between the amount of any such estimate and 
the latest appropriation for the same purpose, and citing the 
laws relating thereto. The clerk of the county commissioners 
shall record the foregoing in a book kept therefor, and, on or 
before January twentietli, shall send a copy tliereof, by him 
attested and signed by the chairman, to the said director, 
who shall analyze and classify said estimates, and report the 
same to the general court not later than Febmary tenth next 
following. The director shall upon their request send a copy 
of said report to the mayor of each city and the selectmen of 
each town in the commonwealth. 

Section 2. Section twenty-nine of said chapter thirty- 
five, as amended by section two of said chapter five hundred 
and one, is hereby further amended by striking out, in the 
second line, the words "in each year", — by striking out, in 
the third and fourth lines, the words "for such year", — 
and by striking out, in the eighth hnc, the words "for the 
preceding year", — so as to read as follows: — Section 29. 
The expenditure of money by the several counties shall 
be in accordance with the appropriations of the general 
court, which shall specify as separate appropriations the 
several items of expenditure, as prescribed by the director 
of accounts. At the closing of the county treasurer's books 
on January tenth, the balance to the credit of each appro- 
priation shall become a part of the general unappropriated 
balance in the county treasury; but no special appropriation 
shall lapse until the work for which it was made has been 
completed, the bills paid and the account closed. 

Section 3. Said cliapter thirty-five is hereby further 
amended by striking out section thirty, as most recently 
amended by chapter thirty-nine of the acts of nineteen 
himdred and forty-three, and inserting in place thereof 
the following: — Section SO. The amount which the county 
commissioners of each county, except Suffolk and Nantucket, 
shall levy as tlie county tax shall be as authorized annually 
by the general court, and as computed by adding together 
the amounts of the annual appropriation and of any new 
special appropriation, so far as the money therefor is to be 
raised by taxation, and deducting therefrom the probable 
receipts from all sources, except loans, and so much of the 
unappropriated balance in the county treasury at the closing 
of the treasurer's books for the previous year as is in exce-ss 
of ten per cent of the tax levy for said year. The county 
commissioners shall also levy annually as a county tax a simi 
sufficient to meet the debt and interest maturing in that 
year, if no other provision therefor has been made. 

Section 4. Section tliirty-four of said chapter thirty- 
five, as most recently amended by section four of chapter 
five hundred and one of the acts ol nineteen iiundred and 
thirty-nine, is hereby further amended by striking out, in 
the second line, the word "odd-numbered", — so as to read 



Acts, 1945. — Chap. loS. 121 

as follows: — Section S/f. On and after Januaiy first in each paymeuts 
year and before the rRg:nIar appropriations have been made pHa't"]''^''^" 
by the general court, the county commissioners and other balances. 
officers authorized to incur liabilities payable by the county 
may incur liability for general maintenance and operation of 
regular county activities at a rate of expenditure which does 
not exceed in any month the simi spent for a similar purpose; 
in any one month in the preceding year; provided, tljat saitl 
conunissioners or officers may expend in any one month foi- 
any office or board created by law an amount not exceeding- 
one twelfth of the estimated cost for said year for said office 
or board. Payments therefor n^ay be made from any avail- 
able funds in the county treasury, to be charged to the regular 
appropriation when made. No new or unusual expense shall 
be incurred, or permanent contract made, or salary increased, 
until an appropriation sufficient therefor has been made by 
the general court. 

Section 5. Section thirty-six A of said chapter thirty- a. l. (Tor. 
five, as most recently amended by chapter eighty of the acts |''35vvf eu- 
of nineteen hundred and forty-three, is hereby further ampiKiod, 
amended by inserting after the word "by" in the third line 
the words : — the majority of the members of, — so that 
the first sentence will read as follows : — For the purpose of Emprsionoy 

.,.„,« 1 c loans r)v 

providmg funds lor any coimty for any emergency- purpose counties. 
approved bj^ the majority of the members of a board com- 
posed of the attorney general, the state treasurer 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 determined by said 
board, and ma}^ issue a note or notes therefor, 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 advance. 

Section 6. Section twenty-eight of chapter seventy-four a. i,. (Ter. 
of the General Laws, as amended by section six of chapter l^os.'Jtt'., 
five hundred and one of the acts of nineteen hundred and Amon.ir.i. 
thirty-nine, is hereby further amended by striking out, in 
the first and second lines, the words "in each even-numbered 
year", — and also by striking out, in the sixth line, the 
words "each of the next two ensuing years" and inserting 
in place thereof the words: — the ensuing year, — so as 
to read as follows: — Section 28. On or before December Maintenance 
fifteenth the trustees of the schools mentioned in section "grlouiTifr:!! 
twenty-five shall, in consultation with and with the approval ^<-^^<f'^^- 
of the commissioner, prepare estimates of the amounts nec- 
essary to equip and maintain their respective schools for 
the ensuing year. The amounts of such estimates shall be 
included by the respective county commissioners in the esti- 
mates required by section twenty-eight of chapter thirtj'^- 
five. 

Section 7. Section twenty-eight A of chapter thirty-five g. l. (Ter. 
of the General Laws, inserted by section two of chapter four f 28Afetc., 

amended. 



122 Acts, 1945. — Chaf. LVJ. 

hundred and fourteen of the acts of nineteen hundred and 
forty-three, is hereby amended by striking out, in the fourth 
and fifth lines, the words ", in each evcui numbered year." 
and inserting in place thereof the word: — annually,- — b}' 
striking out, in the sixth and seventh hnes, the words "each 
of the two ensuing years" and inserting in place thereof the 
words: — the ensuing year, — and by striking out, in the 
tenth and elev(^nth hnes, the words "in the following year", 
Budget sys- — go as to read as follows: — Section 28 A, The county 
lubercuiosis commissionors of each county having a tubercidosis hospital 
iiospitaiH. established under sections seventy-eight to ninety, inclusive, 

of chapter one hundred and eleven shall annually prepare 
estimates of receipts of said hospital and of the cost of its 
care, maintenance and repair for the ensuing year 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, shall send a cop}' 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 director, upon request of the mayor or selectmen of any 
city or town in the tuberculosis hospital district of any such 
count}', shall send to him or them so much of said report as 
relates to such district. Approved March 28, 1946. 



ompatiir 



ChapA59 An Act relating to the annual statements of insur- 
ance COMPANIES. 

Be it enacted, etc., as follows: 
G-jL. (Ter. Section twenty-five of chapter one hundred and seventy- 

§''2'5,'etc.! five of the General Laws, as amended, is hereby further 
.ui.ende.1. amended by strikmg out the second paragraph, as appearing 

in the Tercentenary Edition, and inserting in place thereof 
the. following paragraph : — 
Annual Sucli aunual statement shall be made on a blank furnished 

of insuranc- by the comnussioner under section fifteen or on an alternate 
form acceptable' to him. There shall be embodied therein, 
80 far as appropriate to the several coinjianies, tJie substance 
of the forms provided for in this section, with any additional 
inquiries the (tonmiissioner may require for the purpose of 
eliciting a complete and accurate exhibit of the condition 
and transactions of the companies. The assets and liabilities 
shall be computed and allowed in such statement in accord- 
ance with the rules stated in sections nine, ten, eleven and 
twelve. SucJi statement shall be subscribed and sworn to 
by the president and secretary, or, in their absence, by two 
of its principal officers. The commissioner may at other 
times require any such statements as he may deem necessary. 

Approved March 28, 1945. 



Acts, 1945. — Chaps. 160, 161. 123 



An Act authorizing the granting to certain war ('j^Qp jgy 
veterans' organizations of temporary licenses to 

SELL certain ARTICLES FOR CHARITABLE PURPOSES. 

Be it enacted, etc., as follows: 

Section thirty-thrcG of chapter one hundred and one of pjl'iof' 
the General Laws, as appearing in the Tercentenary Edition, §'33.*ainende.i. 
is hereby amended by inserting after the word "work" in 
the third hne the words: — , or to a post of any incorporated 
organization of veterans who served in the militarj' or naval 
service of the United States in time of war or insurrection, — 
and bj"" inserting after the word "organization" in the tenth 
and twelfth lines, in each instance, the words: — or post, ■ — 
so as to read as follows : — Section SS. The board of public Temporary 
welfare in any city or the selectmen in any town may, under Heiranlcks 
such conditions as they may deem proper, grant to any for charitable 
organization engaged exclusively in charitable work, or to a '^"'"''°''®^- 
post of an}^ incorporated organization of veterans who served 
in the militarj^ or naval service of the United States in time 
of war or insurrection, a special license authorizing it, upon a 
particular day and for a charitable purpose named in such 
license, to sell, through its accredited agents in the streets 
and other public places within such city or town, or in 
any designated part thereof, flags, badges, medals, buttons, 
flowers, souvenirs and similar small articles; provided, that 
no person under sixteen \'ears of age shall be accredited as 
such agent, that each agent shall wear in plain sight while 
engaged in selling such articles a badge, provided by such 
organization or post and approved by the authority issuing 
the license, bearing upon it the name of such organization 
or post and the date on which the license is to be exercised, 
and that no such agent shall be authorized to make or attempt 
to make such sales in front of any private premises against 
the objection of the owner or occupant thereof. The exer- 
cise of the licenses hereb}^ provided for shall be subject to 
the provisions of all statutes, ordinances, by-laws, rules and 
regulations not inconsistent herewith. 

Approved March 28, 19JfO. 



An Act elkviinating certain reports of the commis- f 7^^|>, \a\ 
signer of corporations and taxation relative to 
personal income taxes and extendincj the time for 
filing bank tax returns. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-nine of chapter fifty-eight o. l. ^Ter. 
of the General Laws, as appearing in the Tercentenary fmencf^.* ^^' 
Edition, is hereby amended by striking out the paragraph 
numbered (4). 

Section 2. Section tiiree of chapter sixty-three of the c. l. (Ter. 
General Laws, as most recently amended by section five of fs/;!*!!!,' 

amended. 



124 



Acts, 1945. — Chap. 162. 



Annual 
returns 
by banks, 
contents of. 



chapter three hundred and twenty-three of the acts of nine- 
t<}eii hundred and thirty-four, is hereby further amended by 
striking out, in the second jmd third lines, the words "within 
the first ten days of January make a return as of January 
first" and inserting in place thereof the following: — annu- 
ally on or before March hfteenth make a return, — so as 
to read as follows : — Section 3. ICvery bank shall annually 
on or before March fifteenth make a return, sworn to bj' its 
cashier or by its treasurer, or in their absence or incapacity 
b.y an}' other principal officer, in such form as the commis- 
sioner prescribes, giving : — 

A copy of such parts as the commissioner may designate 
of the federal return or returns for the year by the income of 
which the tax is to be measured, provided that if any bank 
shall have participated in filing a consolidated return of 
income to the federal government, it shall file with the com- 
missioner a statement of net income in such form as he may 
prescribe, showing its gross income and deductions in ac- 
cordance with the law and regulations governing the usual 
federal returns of corporations not so participating; and 
such additional information as he may require to determine 
the net income as defined in section one. 

Whenever the time for filing the federal return has been 
extended, the commissioner may extend the time for filing the 
return required under this section. 

Approved March 28, 1945. 



Chap. 162 An Act relative to loans by savings banks for financ- 
ing THE REPAIR AND REHABILITATION OF CERTAIN REAL 
ESTATE MORTGAGED TO SUCH BANKS. 



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



IJcpriir, etc. 
loiin.s. 



Be it enacted, etc., as follows: 

Clause Tenth A of section fifty-four of chapter one lum- 
dred and sixty-eight of the General Laws, inserted by chap- 
ter one hundred and six of the acts of nineteen himdred and 
forty-one, is hereby amended by striking out, in the sixth 
fine, the words "five hundred" and inserting in place thereof 
the following: — one thousand, — by striking out, in the 
seventh line, the word "three" and inserting in place thereof 
the word: — five, — and by striking out the word "one", 
the second time that such word occurs in the fotirteenth line, 
and inserting in place thereof the word: — two, — so as to 
read as follows : — 

Tenth A. In loans to owners of improved real estate, 
upon which such corporation holds mortgages, for the pur- 
pose of financing the repair, alteration or rehabilitation 
thereof or the purchase and installation of fixtures to be 
affixed thereto; provided, that any such loan shall not ex- 
ceed one thousand dollars with respect to any one parcel of 
sucli real estate, shall be payable at a tinu; not exceeding 
five years from the dat(^ thereof, and shall re(|uire payments 
to be made on account of the principal in equal monthly 



Acts, 1945. — Chaps. 163, 164. 125 

installments, such paymeuivs; to comnience not Uiiev than one 
month ;ifter the date of the note, and to be in amounts 
which, at the maturity of the note, shall (>qual (he original 
amount of the loan; and provided, further, that the total 
of all such loans outstanding at any one time shall not 
exceed two per cent of the deposits and income of such 
corporation. Approved March 28, 1945. 



An Act authokizino increases in the salaries of the Qfiaj) 163 

MAYOR AND THE OTHER MEMBERS OF THE CITY COUNCIL 
OF THE CITY OF LAWRENCE. 

Be it enacted, etc., as folio ivs: 

Section 1. Section fiftA'-two of Part II of chapter six 
hundred and twenty-one of the acts of nineteen hundred 
and eleven is hereby amended by striking out, in the first 
and second lines, the words "thirty-five hundred" and in- 
serting in place thereof the words: — six thousand,- — and 
by striking out, in the fourth line, the words "twenty-five 
hundred" and inserting in place thereof the words: — four 
thousand, — so as to read as follows : — Section 52. The 
salary of the mayor shall be six thousand dollars per an- 
num, and the salary of each of the remaining four members 
of the city council shall be four thousand dollars per annum. 
These salaries shall be payable in equal monthly install- 
ments. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Lawrence at the regular 
nmnicipal election in the current year in the form of the 
following question which shall be placed upon the official 
ballot to be used at said election: — "Shall an act of the 
general court passed in the current year, entitled 'An Act 
authorizing increases in the salaries of the mayor and the 
other members of the city council of the city of Lawrence', 
be accepted?" If a majority of the voters voting thereon 
vote in the affirmative in answer to said question this act 
shall thereupon take full effect, but not otherwise. 

Approved March 28, 1945. 



An Act to enable banks to deposit securities owned CJ^qj) \Q4. 

BY them with other BANKS FOR SAFEKEEPINO UNDER 
REGULATIONS OF THE COMMISSIONER OF BANKS. 

Be it enacted, etc., as follows: 

Chapter one hundred and sixty-seven of the General Laws c. l. (Ter. 
is hereby amended by striking out section six, as appearing f r,;^amtndod. 
in the Tercentenaiy Edition, and inserting in plac(^ thereof 
the following section : — Section 6. The commissioner may Books, 
Ijrescribe the numner and form of keeping the books and Hpposits*"'"'' 
accounts of a bank, the extent to which tliey shall be audited. 



12G 



Acts, 1945. — Chaps. 165, 16G. 



the maimer of safeguarding its money and securities, and 
regulations imder wliicli it may deposit its securities witli 
tiiist companies or banking associations for safekeeping. 

Approved March 28, 1946. 



f 7/a/>».165 An Act ciiANciiNd the laws iiklativk to the sale of 

MEAT AND MEAT PliODlJCTS CONTAININC; CERTAIN PRE- 
SERVATIVES. 



(;. L. (Ter. 
Ed.), 04. 
§ 153A, il<- 
:itni'ndp(l. 



lllegul sale of 
certain meats. 



Penalty. 



Be it enacted, etc., as follows: 

Chapter ninety-four of the General Laws is hereby 
amended by striking out section one hundred and fifty- 
three A, as amended by chapter three Imndred and eleven 
of the acts of nineteen hundred and thirty-three, and in- 
serting in place thereof the following section : — Section 
158 A. Whoever hims(-lf or by his agent sells or offers for 
sale any meat or meat product to which has been added 
any sulphur dioxide or compound thereof, except beef sau- 
sage made of fresh beef and (jnclosed in casings, whicli con- 
tains sulphur dioxide or compound thereof not in excess of 
1-10 of 1%, when calculated as anhydrous sodium svdphite, 
if contained in a package which has conspicuously labelled 
on the outside thereof in not less than eight point type the 
following: — "contains not more than 1-10 of 1% sodium 
sulphite," shall be pimished by a fine of not less than fifteen 
nor more than one hundred dollars. 

Approved March 28, 19If.5. 



Emergency 
preaitiVjlo. 



(V/o/^.lGG An Act to facilitate voting by absent voters, members 

OF THE ARMED FORCES AT CITY AND TOWN ELECTIONS. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to provide sufficient time for 
printing and mailing absent voting war ballots to members 
of the armed forces and to facilitate voting by such members 
in cities and towns where the provisions of law in respect to 
absent voting in city or town elections are in effect, 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. This act shall be operative for any regular 
city or town election, except in Boston, upon vote of the 
mayor and aldermen in cities or selectmen in towns, and 
shall, notwitlistanding any contrary provisions of general or 
special laws, apply in such cities and towns where the pro- 
visions of law in respect to absent voting are in effect. The 
mayor and aldermen in cities, except in Boston, or selectmen 
in towns may, during the period of time in which this act is 
in effect in such city or town, fix the day of holding of pre- 
Uminary elections in cities or city or town primaries. Where 
the tiling of nomination papers and certification of names 



Acts, 1945. — Chap. 166. 127 

thereon in cities IIimI. have preHniinary elections is based 
upon the day of the election, they may lix the time for tiling 
nomination papers and the certification of the names thereon. 
Where nominations for election at a city or town election are 
made by nomination pai)crs, or by caucuses or conventions, 
they may hx the last day for tiling certificates of nomination 
and nomination papers. In any such city or town where 
petitions to phice questions on the official ballot are filed, 
they shall also hx the last day for filing such petitions. All 
such petitions shall be filed witli the election commissioners 
or registrars of voters for certification of the names thereon 
on or before the seventh da}^ preceding the day so fixed for 
filing. 

In any city or town where this act is operative wherein 
the voting list of the current year is not available for the 
purpose of certifying names, the \'oting list of the preceding 
year, as amended or revised from time to time, may be used 
therefor. 

Except as otherwise pro\ided in iliis act all provisions of 
general or special laws pertaining to elections shall apply to 
any regular city or town election held under this act. 

Any action taken by the maj'or and aldermen or select- 
men fixing an}- day as authorized in this act shall be taken 
not later than the sixtieth day prior to the day so fixed, and 
such da\^ so fixed shall be prior to the day now provided by 
general or special law, and if not so fixed general or special 
laws shall otherwise apply thereto. 

Notice of such action shall be published in one or more 
local newspapers, if any, or posted in at least five public 
places within the city or town. 

Section 2. The provisions of section ninety of chapter 
fifty-four of the General Laws shall not be operative. 

Section 3. The words "armed forces of the United 
States" as used in this act and in chapter three hundred 
and ninet}' of the acts of nineteen hundred and forty-three, 
shall, for the purposes of an}- regular city or town election, 
include persons serving in the merchant marine of the United 
States, and persons serving in the American Red Cross, the 
Society of Friends, the Women's Auxiliary Service Pilots or 
the United Ser\ ice Organizations and attached to and serv- 
ing with such armed forces, and shall also include veterans 
of World War II, so called. 

Section 4. The cit}- or town cUu'k or election commis- 
sioners may determine and prescribe the weight, color and 
kind of paper to be used for absent Noting war ballots and 
envelopes and accompanying voting instructions to be pro- 
vided for use at any regular city or town election by mem- 
bers of the armed forces of the United States, in so far as 
may in their opinion be necessary for the purpose of facili- 
tating \ oting b\' absent voting war ballots b.y said members 
at such an election or for the purpose of securing the neces- 
sary paper in view of the present shortage, and may make 
such provision for the mailing and delivery of said ballots to 



128 Acts, 1945. — Chap. ]66. 

said members as may in their opinion be necessary for sucli 
purpose. On the back of each such ballot when folded, shall 
be printed the words, "Official War Ballot". 

Section 5. Any form of written communication from a 
member of the armed forces of the United States evidencing 
a desire that an absent voting ballot be sent to him for use 
for voting at any regular city or town election shall be given 
the same effect as an application for an absent voting ballot 
made in a form prescribed by law, and any such communi- 
cation, whether or not in the form of an application so pre- 
scribed, shall, if such member of said armed forces is not a 
registered voter, also be given the same effect as an appli- 
cation for his registration made by kindred in compliance 
with chapter three hundred and ninety of the acts of nine- 
teen hundred and forty-three. No such communication shall 
be adversely acted upon except after investigation by the 
election commissioners or registrars of voters. 

Section 6. Any action in connection with voting by 
absent voting ballots which may lawfully be taken under 
chapter three hundred and ninetj^ of the acts of nineteen 
hundred and forty-three or any other provision of law by, 
before or in the presence of an official authorized by law to 
administer oaths or a commissioned officer in the military or 
naval forces of the United States or by a clerk of a court of 
record may, in the case of voting by absent voting ballots 
by members of the armed forces of the United States at 
any regular city or town election, be taken with like effect 
by, before or in the presence of any commissioned officer, 
noncommissioned officer not below the rank of sergeant, or 
petty officer, in the military or naval forces of the United 
States, or by, before or in the presence of any member of the 
merchant marine of the United States who may be desig- 
nated by the Administrator of the War Shipping Adminis- 
tration for the purpose of administering and attesting oaths 
in connection with voting by absent voting ballots. 

Section 7. No mere informality in the manner of carry- 
ing out any provision of law affecting voting by absent 
voting ballots by members of the armed forces of the United 
States at any regular city or town election shall invalidate 
such election or constitute sufficient cause for the rejection 
of the returns thereof; and such provisions shall be con- 
strued liberally to effectuate their purposes. 

Section 8. This act shall not apply to any regular city 
or town election held after the expiration of one year follow- 
ing the termination of the existing states of war between 
the United States and certain foreign countries. 

Approved March 29, 191^5. 



Acts, 1945. — Chaps. 167, 168, 169. 129 

An Act to limit the time within which a city council (J/jq^^ igy 
OR selectmen may act as a boakd of appeals under ' 

THE ZONING LAW. 

Be it enacted, etc., as follows: 

Section thirtj^ of chapter forty of the General Laws, as c. l. (Ter. 
amended, is hereby further amended by inserting after the fso.'efc'., 
word "appeals" in the fourth line, as appearing in section amended, 
one of chapter two hundred and sixty-nine of the acts of 
nineteen hundred and thirty-three, the words : — , for a 
period of not more than three months after the adoption 
of such ordinance or by-law, — so that the first paragraph, 
as so appearing, will read as follows : — Such ordinances or Local bourd 
by-laws shall provide for a board of appeals which may be piw^s^^and 
the existing board of appeals under the local building or duties. 
planning ordinances or by-laws. Pending provision for a 
board of appeals, for a period of not more than three months 
after the adoption of such ordinance or by-law, the city 
council or selectmen shall act as a board of appeals. Any 
new board of appeals established hereunder shall consist of 
at least three members, who shall be appointed by the mayor, 
subject to the confirmation of the city council, or by the 
selectmen, for terms of such length and so arranged that 
the term of one appointee will expire each year; and said 
board shall elect annually a chairman from its own number. 
Any board so established may also act as the board of 
appeals under the local building or planning ordinances or 
by-laws. Approved March 29, 1945. 

An Act relative to quorums of town meeting members (ninf) 168 

IN THE TOWN OF FAIRHAVEN. ^' 

Be it enacted, etc., as folloios: 

The second paragraph of section three of chapter two 
hundred and eighty-five of the acts of nineteen hundred and 
thirty is hereby amended by striking out the second sen- 
tence and inserting in place thereof the following sentence: 
— One hundred town meeting members shall constitute a 
quorum for doing business; but a less number may organize 
temporarily and may adjourn from time to time, and at an 
adjourned meeting seventy-five town meeting members shall • 
constitute a quorum. Approved March 29, 1945. 

An Act relative to the date as of which valuations QJiay 169 

SHALL BE determined BY THE COMMISSIONER OF CORPO- 
RATIONS AND TAXATION FOR THE PURPOSE OF APPOR- 
TIONMENT OF COSTS IN THE SOUTH ESSEX SEWERAGE 
DISTRICT. 

Be it enacted, etc., as follows: 

Section eighteen of chapter tliree hundred and thirty- 
nine of the acts of nineteen hundred and twenty-five is 
hereby amended b}- striking out in the sixth line of the fifth 



130 Acts, 1945. — Chaps. 170, 171. 

paragraph under the heading (/i), said paragraph having 
been most recently amended b}^ section one of chapter 
twenty-two of the acts of nineteen hundred and twenty- 
nine and being the last paragraph as appearing in said sec- 
tion one, the word "April" and inserting in place thereof 
the words: ■ — January of tlie }'ear, — so that said paragraph 
will read as follows : — 

The commissioner of corporations and taxation shall an- 
nually, beginning in the year nineteen hundred and thirty, 
determine and report to said board prior to February first 
the respective taxable valuations of said cities of Salem, 
Beverly and Peabody and of said town of Dativers, as of 
the first day of January of the year next preceding, and the 
valuations, as of said day, as determined by said commis- 
sioner, of the institutions served by the sewerage system 
herein provided for; provided, that no part of the valua- 
tions of the Essex count}' sanatorium, Danvers state hos- 
pital, Essex count}^ agricultural school and the industrial 
camp shall for purposes of apportionment be included in the 
valuation of the town of Danvers. 

Approved March 29, 1945. 



C]i(ipA70 A.N Act changixg the name of the episcopal society in 

CAMBRIDGE TO CHRIST CHURCH, CAMBRIDGE. 

Be it enacted, etc., as follows: 

The name of the Episcopal Society in Cambridge, incor- 
porated by chapter eighty-two of the acts of eighteen hun- 
dred and fifteen, which act was approved on Februarj^ ninth, 
eighteen hundred and sixteen, is hereb}' changed to Christ 
Church, Cambridge. Approved March 29, 194d. 



CJ)ap.l71 An Act relative to the purchase by co-operative 

BANKS FROM FEDERAL AGENCIES OF CERTAIN LOANS MADE 
BY SUCH AGENCIES. 

Be it enacted, etc., as follows: 

KriV lYo^' Chapter one hundred and seventy of the General Laws 

i/ow'§30A, is hereby amended by inserting after section thirty-nine, 
"'^'''"'' as amended, the following section: — Section 39 A. Notwith- 

purchirsos standing any other provision of law, an}'^ such corporation, 
from federal jj^ order to assist any federal agency in the process of liqui- 
authorized. dating its assets, may purchase first mortgage loans from 
such agency, subject to the following provisions : — eacii such 
mortgage loan so purchased shall be upon improved real 
estate situated in the commonwealth, shall not have a bal- 
ance due which, together with municipal liens, is in ex- 
cess of eight thousand dollars, shall not exceed eighty per 
cent of the value of the mortgaged property as certified by 
the security committee of such corporation, and shall by its 
terms or b}^ extension agreement call for monthly or quar- 



Acts, 1945. — Chaps. 172, 173. 131 

torly payments of interest and principal, such payments of 
principal to be in substantially equal amounts which will 
fully pay the mortgage debt at a time not beyond twenty 
years from the date of pui'chase; the aggregate amount of 
all such loans purchased under this section by any such 
corporation shall not at the time of any such pvu'chase ex- 
ceed ten per cent of the aggregate of all loans secured by 
mortgages of real estate held by such corporation, nor shall 
the aggregate amount of such loans to any one borrower 
so purchased by any such corporation exceed one per cent 
of the aggregate of all loans secured by mortgages of real 
estate held by such corporation. 

Approved March 29, 194o. 



An Act increasing from three hundred to five hun- Chap. 172 

DRED DOLLARS THE AMOUNT TO BE USED FOR REPAIRS, IN 
CONNECTION WITH THE REDUCTION OF CERTAIN LOANS IN 
CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Section thirty-three of chapter one liundred and seventy g. l. (Tcr. 
of the General Laws, as amended by chapter one hundred §^33,' eY".' 
and ninety of the acts of nineteen hundred and thirtj^-five, amendeti.' 
is hereby further amended by striking out, in the seventh 
line, the word "three'' and inserting in place thereof the 
word : — five, — so that the first sentence will read as fol- 
lows : — With the approval of the board of directors, any Co-operativc 
shares pledged for a real estate loan ma}-, at the request of uon'^onoanr." 
the owner thereof, be cancelled, whereupon there shall be 
endorsed on the mortgage note as a credit upon the amount 
of the loan the full value of such shares, less all monthly 
instalments of interest and fines in arrears, unpaid taxes, 
and an amount not in excess of five hundred dollars to be 
expended for repairs, both at the option of the directors, 
an>' other legal charges and such sum as will leave the 
amount of the loan a multiple of fifty dollars. 

Approved March 29, 1945. 



Ax Act relative to the monthly payments upOxN direct C/kijj 173 

REDUCTION LOANS IX CO-OPERATIVE BANKS. 

Be it enacted, etc., as folloivs: 

Section thirty-six B of chapter one hundred and seventy g. l. (Tcr. 
of the General T^aws, inserted b.y section one of chapter two l^ieBl^etc. 
hundred and ninety-three of the acts of nineteen hundred amended, 
and forty-one, is hereby amended by adding at the end the 
following sentence : — - Whenever one or more shares of such 
corporation is or are pledged as security for any such loan, 
the board of directors may reduce the fixed monthly pay- 
ments by an amount not greater than the monthly dues 
payable on the share or shares so pledged, — so as to read 



132 



Acts, 1945. — Chap. 174. 



Monthly 
payments on 
direct rcdvic- 
tion loans. 



as follows: — Section 36 B. Any such corporation may ac- 
cept principal payments in excess of payments required 
iinder any mortgage written imder section thirty-six A, in 
which event the directors may reduce the monthly payments 
as set forth in said mortgage; provided, that such reduced 
i:)ayments shall not extend the original term of the mort- 
gage, except as authorized by section thirty-six D. When- 
ever one or more shares of such corporation is or are pledged 
as security for any such loan, the board of directors may re- 
duce the fixed monthly payments by an amount not greater 
than the monthly dues payable on the share or shares so 
pledged. Approved March 29, 194^. 



Chap. 174: An Act authorizing additional loans for the benefit 
OF certain real estate mortgaged to co-operative 
banks. 



G. L. (Ter. 
Ed.), 170. 
new § 36E, 
added. 



Additional 
loans on cer- 
tain real estate 
authorized. 



Be it enacted, etc., as follows: 

Chapter one hundred and seventy of the General Laws is 
hereby amended by inserting after section thirty-six D, in- 
serted by section one of chapter two hundred and ninety- 
three of the acts of nineteen hundred and forty-one, the 
following section : — Section 36 E. Any such corporation may 
also make loans and advances of credit to owners of im- 
proved real estate upon which it holds mortgages, in any 
form, for the purpose of financing the repair, alteration, 
improvement or rehabilitation thereof or the purchase and 
installation of fixtures to be affixed thereto or diu-able appli- 
ances to be used in the maintenance and ordinary use of 
said real estate; provided, that, at the time of maldng any 
loan hereunder, all such loans with respect to any one par- 
cel of real estate then outstanding, together with the loan 
then being made, shall not exceed one thousand dollars nor, 
combined with the balance due upon mortgages held by 
such (;orporation u))on said parcel of real estate, exceed the 
value of said parcel of real estate as then certified by the 
security committee of such corporation; and provided, fur- 
ther, that such loans shall be payable at a time not ex- 
ceeding five years from the date thereof, and shall require 
payments to be made on account of the principal in sub- 
stantially equal monthh^ installments, such payments to 
commence not later than one month after the date of the 
note, and to be in amounts wiiich, at the maturity of the 
note, shall equal the original amount of the note. Sucii 
loans and advances of credit may be secured or unsecured 
and effected in such form and manner as the security com- 
mittee may determine. Approved March 29, 1945. 



Acts, 1945. — Chaps. 175, 176. 133 



An Act providing that operators of certaixN ships and (]^}^fip 175 

VESSELS SHALL BE COMMON CARRIERS WHEN FURNISHING 
OR RENDERING CERTAIN SERVICES, AND THAT SUCH SERV- 
ICES SHALL BE SUBJECT TO REGULATION BY THE DEPART- 
MENT OF PUBLIC UTILITIES. 

He it enacted, etc., as follows: 

Section twelve of cluipter one hundred and fifty-nine of p^j','- ^Jg"" § ,., 
(he Genertd Laws, as appearing in the Tercentenary Edition, aniemied." 
is hereby amended by striking out paragraph (a) and in- 
serting in place thereof the following paragraph : — 

(a) The transportation or carriage of persons or property, ^-yT'ers 
or both, between points within the commonwealth by rail- fuVisTu.tion. 
roads, street railways, in this chapter called railways, elec- 
tric railroads, trackless trolleys and ships or vessels in ex- 
cess of one hundred gross tons using steam or Diesel engine 
as means of propulsion, including express service and car 
service carried on, upon or rendered in connection with 
such railroads, railways, electric railroads, trackless trolleys 
or ships or vessels in excess of one hundred gross tons using 
steam or Diesel engine as means of propulsion. 

Approved March 29, 194-0. 



An Act relative to construction loans in co-opera- C7/op.l76 

TIVE BANKS. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-seven of chapter one hun- g. l. (Xer. 
dred and seventy of the General Laws, as appearing in chap- f 27,'eVa,' 
ter one hundred and forty-four of the acts of nineteen hun- amended, 
dred and thirty-three, is hereby amended by inserting after 
the first sentence the following sentence: — In the case of 
a construction loan the shares so pledged may, at the option 
of the directors, be subscribed for in a series to be issued 
not later than six months after the date of the note, — so 
as to read as follows: — Section 27. For every loan made Loans on 
upon real estate a note shall be given, accompanied by a "'''' ''^***^' 
transfer and pledge of the requisite number of shares stand- 
ing in the name of the borrower, and secured by a mortgage 
of real estate situated in the commonwealth, the title to 
which is in the name of the borrower and which is unen- 
cumbered by any mortgage or lien other than numicipal 
liens or such as may be held by the corporation making the 
loan. In the case of a construction loan the shares so pledged 
may, at the option of the directors, be subscribed for in a 
series to be issued not later than six months after the date 
of the note. No loan upon one parcel of real estate shall 
exceed eight thousand dollars, and no loan shall exceed 
eighty per cent of the value of the mortgaged property, 
if improved real estate, nor more than fifty per cent ol' 
such value, if vacant land, as certified by the security com- 
mittee. The shares so pledged shall be held by the corpora- 



34 



Acts, 1945. — Chap. 177. 



G. L. (Tor. 
Kd.), 170, 
§ 36A, etc, 
amended. 



Monthly 
payments 
on construc- 
tion loans. 



tion as ('olIalerHl sfouriiy for the. perform an c<^ of the condi- 
tions of the note and mortgage. The note and mortgage 
shall recite the number of sliares and the series to which the 
shares belong and the amount of money advanced thereon, 
and shall be conditioned upon the payment at or before the 
stated meetings of the corporation of the monthly dues on 
said shares, and the interest upon the loan, with all fines on 
payments in arrears, until said shares reached their matured 
value or until said loan is otherwise cancelled and discharged. 
If the borrower fails to offer security satisfactory to the di- 
rectors within the time prescribed by the by-laws, his right 
to the loan shall be forfeited and he may be charged with 
one month's interest at the determined rate, and with such 
part of the expenses incurred as may be determined by 
the board of directors; and the money appropriated for such 
loan may subsequently be reloaned. 

Section 2. Section thirty-six A of said chapter one hun- 
dred and seventy, inserted by section one of chapter two 
hundred and ninetj^-three of the acts of nineteen hundred 
and forty-one, is hereby amended by adding after the para- 
graph amended by chapter one hundred and fifteen of the 
acts of the current year the following paragraph : — 

In the case of a construction loan the monthly payments 
may be computed and fixed so that any or all of the first 
six monthly payments may be less than the remaining 
monthly payments by such amounts as otherwise would be 
applied to principal. Approved March 29, 1945. 



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



Share 

saving.s 

accounts. 



Chav.lll An Act relative to share savings accounts in co- 
operative BANKS. 

Be it enacted, etc., as follows: 

Section 1. Section twelve of chapter one hundred and 
seventy of the General Laws, as most recently amended by 
chapter seventy-three of the acts of nineteen hundred and 
forty-one, is hereby further amended by adding at the end 
the following: — In order to enable prospective purchasers 
of paid-up shares to accumulate savings with which to pur- 
chase such shares, such corporation may accept payments, 
subject, however, to withdrawals from time to time, to be 
held by the corporation in share savings accounts to which 
there shall be credited at every regular distribution date 
interest on such rate basis as the directors may determine, 
not exceeding the divid(>nd rate payable upon paid-up 
shares, computed without regard to fractions of a dollar; 
provided, that interest shall not be credited upon amounts 
withdrawn between distribution dates, and shall be cred- 
ited upon amounts deposited from and after the bank day 
next following. From time to time, as the value of any 
such account equals or exceeds the cost of a paid-up share, 
the holder of such account shall become entitled to paid-up 
shares to tlie equivalent of such cost. The holders of such 



tiori loans. 



Acts, 1945. — Chap. 177. 135 

share savings accounts shall be deemed members of the 
corporation, with the voting rights of unmatured share- 
holders. In the event of dissolution or winding up of such 
corporation, by process of law or otherwise, any holder of 
such an account shall not thereby be entitled to any pref- 
erence over any shareholder, but such account shall be held 
and treated in the same general class of liability as unma- 
tured shares. For all the purposes of chapter forty-five of 
the acts of nineteen hundred and thirty-two, as amended, 
and of chapter seventy-three of the acts of nineteen hundreil 
and thirty-four, as amended, the liability of any such cor- 
poration upon such share savings accoimts shall be deemed 
to be and treated as share liability. 

Section 2. Section thirty-six A of said chapter one hun- o. l. (Ter. 
dred and seventy, as amended, is hereby further amended f teX.^lu-., 
by striking out, in the eighteenth and nineteenth lines, as •'■•■pn.ie.i. 
appearing in section one of chapter two hundred and ninety- 
three of the acts of nineteen hundred and fortj^-one, the 
words " , holding one or more unmatured, matured or paid-up 
shares in his own name", — so that the first paragraph, as 
so appearing, will i-ead as follows: — Anv such corporation Direct reciuc- 
may also make loans, to be known as du'ect-reduction loans, 
upon improved real estate situated in the commonwealth, 
the title to which is in the name of the borrower and which 
is unencumbered by any mortgage or lien other than munic- 
ipal liens or such mortgages as may be held by the cor- 
poration making the loan. All such loans shall be subject 
to the following provisions: — each such loan shall be evi- 
denced bj'^ a promissory note in the full sum loaned, signed 
by the borrower; each note and mortgage taken hereunder 
shall contain provisions calling for fixed monthly payments, 
in the same amount during the term of the loan, which pay- 
ments shall be first applied to interest and the balance 
thereafter remaming applied to principal; interest upon 
each such loan shall be computed monthly on the unpaid 
balance thereof; the borrower and each subsequent owner 
of the equity of redemption shall at all times be a member 
of such corporation; and any mortgage taken hereunder 
may contain provisions requiring the payment each month 
of a monthly apportionment of estimated taxes, betterment 
assessments and insurance premiums, or any of them. Fail- 
ure to comply with any of the foregoing requirements con- 
tained in such a mortgage or note shall constitute a breach 
of condition for which the unpaid balance of such loan shall 
become due and payable forthwith at the option of such 
corporation. Approved March 29, 1945. 



136 Acts, 1945. — C^haps. 178, 179, 180. 



Chap. 178 A\ Act ublative to the use ok certain election dis- 
tricts IN THE CITY OF NORTH ADAMS. 

Be it eriaded, etc., as follows: 

Section 1. The wards established by the city council 
in the city of North Adams in the year nineteen hundred 
and forty-four, as authorized by section one of chapter tifty- 
four of the General Laws, shall be used for all primaries 
and elections held in said city; and for such purposes elec- 
t-ion officers shall be appointed and voting lists shall be 
prepared and all other things required by law shall be done 
in accordance with the lines of the wards so established, 
notwithstanding the provisions of section four of said chap- 
ter fifty-four; provided, that upon any subsequent redi vi- 
sion of the city into wards under said section one, the pro- 
visions of said section four shall apply thereto. 

Sfx'tion 2. This act shall take effect upon its passage. 

Approved March 30, 1945. 



Chap. i7^J An Act providing for the appointment of an assist- 
ant messenger of THE SUPERIOR COURT IN THE COUNTY 
OF SUFFOLK AND THE ESTABLISHMENT OF HIS SALARY. 

Be it enacted, etc., as follows: 

G. L. (Ter. SECTION 1. Chapter two hundred and twenty-one of t,he 

ne'lv'§^7«A. General Laws is hereby amended by inserting after sec- 

a.uied. |if)j-j Heventy-six the following new section: — Section 76 A. 

misslTlv ^^^^^ justices of the superior court may appoint an assistant 

of Suffolk messenger of said court sitting in and for the county of 

cowt""^ Suffolk. His salary shall be established by said justices and 

shall be paid by said county. Sections forty-nine to tifty- 

six, inclusive, of chapter thirty-five shall not apply to said 

assistant messenger. 

Effective SECTION 2. This act shall take effect upon its passage. 

Approved March 30, 1945. 



Chap. ISO An Act prescribing terms and conditions which shall 

BE complied with BEFORE PARDONING FELONIES. 

Emergency Whercas, Contentions were made prior to the adoption 

of Article LXXIII of the amendments to the constitution, 
authorizing the general court to prescribe terms and condi- 
tions to be complied with before pardoning felonies, that 
certain existing provisions of law relative to pardons, con- 
tained in chapter one hundred and twenty-seven of the 
General Laws and its amendments, constituted interference 
by the legislative with the executive department, and 

Whereas, Doubt may arise as to the etiect to be given 
said existing statutory ])rovisions of law after the adoption 
of .sMJd arti<rle of ameiulment, and tlie possibility of sucli 



Acts, 1945. — Chap. 181. 137 

doubt should immediately be eliminated, therefore this act 
is hereby declared to be an emergency law, necessary for 
the iuuncdiate preservation of the public convenience. 

F>e it enacted, etc., as follows: 

The general court, acting under authorit}' of Article ^ardon^<. 
LXXIII of the amendments to the constitution, hereby ■"'^suiation of. 
prescribes the provisions of sections one lumdred and hfty- 
two and one hundred and fifty-four of chapter one hun- 
dred and twenty-seven of the General Laws as respectively 
amended, and of section one hundred and fifty-three thereof, 
applicable in the case of petitions for pardons of felonies, as 
terms and conditions which shall be complied with before 
pardoning felonies. Approved March 30, 1946. 



Ax Act to unite the first church of christ in lynn (n.fjvy is^i 
(congregational) and the north congregational ^' 

church of lynn, mass., and for other purposes. 

Whereas, Certain propert}^ rights of the members of the Emergency 
(rhtirches proposed by this act to be united, and property p""^^'"^*^- 
rights of the churches themselves, are now in question and 
it is advisable that the matters in question be determined as 
speedily as possible by the union of the churches referred to 
in said act, and the deferred operation of said act would in 
part defeat its purpose to make such union immediately 
j)Ossible, 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. The North Congregational Church of Lynn, 
Mass., a Massachusetts corporation organized under gen- 
eral law, is hereby authorized to merge in and unite with 
First Chin-ch of Christ in Lynn (Congregational), a corpora- 
lion organized under general law, and said First Church of 
Christ in I^ynn (Congregational) shall in all respects be a 
continuance of, and the lawful successor to, said The North 
Congregational Church of Lynn, Mass., mth all the privi- 
leges, powers and immunities to which other religious cor- 
])orations in the commonwealth are entitled. 

Section 2. Upon said merger and union, the treasurer 
of said The North Congregational Church of Lynn, Mass., 
is hereby authorized to execute and deliver all papers and 
documents that may be deemed necessary and proper for 
effecting the transfer of its property of every kind to said 
First Church of (Tirist in Lynn (Congregational). 

Section 3. All bequests, devises, conveyances and gifts 
heretofore or hereafter made to The North C'ongregational 
Church of Lynn, Mass., however described, or to the Lynn 
First Congregational Parisli or Society, iiovvever described, 
and all the i)0wers and ])rivilcges thereof, shall vest in First 
Church of (yhrist in Lynn (Congregational) and all trusts 



138 Acts, 1945. — Chap. 182. 

heretofore or hereafter vested in any of said corporations 
shall be preserved inviolate, and all powers relating to such 
trusts shall have full force and effect in said First Church of 
Clirist in Lynn (Congregational), in so far as such authorit}^ 
and right may be granted by statute. 

Section 4. Whatever authority or right is granted or 
conferred by this act is hereby declared to be limited to such 
authority or right as the general court may constitutionally 
grant or confer, without prejudice to any proceeding that 
may be instituted in any court of competent jurisdiction to 
effect the purposes of this act. . 

Section 5. The proceedings and votes of said The North 
Congregational Church of Lynn, Mass., and First Church of 
Christ in Lynn (Congregational) relating to the merger and 
union of said churches, and acts and doings thereunder, are 
hereby ratified and confirmed, notwithstanding any infor- 
malities, errors or omissions. 

Section 6. Upon the acceptance of this act by a major- 
ity vote of the members of each of said corporations present 
and voting at meetings dul}^ called for the purpose, certified 
copies of the respective votes of acceptance, sworn to by 
the respective clerics or recording officers of said corpora- 
tions, shall be filed for record in the registry of deeds for the 
southern district of the county of Essex and in the office of 
the state secretar}', and upon such filing said union and 
merger shall be complete, and thereupon the persons who 
are then members of said The North Congregational Church 
of Lynn, Mass., shall be and become inembers of said First 
Church of Christ in Lynn (Congregational). 

Approved April S, 1945. 



Chap. 182 An Act relative to the taking of oaths of office by 

PERSONS ELECTED TO PUBLIC OFFICE WHILE IN THE MILI- 
TARY OR NAVAL SERVICE OF THE UNITED STATES DURING 
THE EXISTING WAR. 

preambiT^ IF/ieretts, Man}^ citizens of this commonwealth are being 

elected to public office while serving in the armed forces of 
the United States and it is deemed to be for the public 
interest that provision be made whereby such persons may 
immediately take the necessary and authorized oaths of 
oflPice while so serving and absent from the commonwealth, 
and the deferred operation of this act would in part 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., as follows: 

If a person elected to public office is unable to take and 
subscribe the oaths required to qualify him for such office 
before an officer authorized otherwise than by this act to 
administer such oaths, by reason of service in the mihtarj^ 
or naval forces of the United States during the existing 



Acts, 1945. — C^iiaps. 183, 184. 139 

.t,a*>- of wfir between ihr. United States and any foreign 
country, such person maj-, except wliere otherwise required 
by the constitution, take and subscribe such oaths before a 
commissioned officer not below tlie rank of colonel in said 
military forces, or the rank of captain m said naval forces. 
Every person who takes and subscribes the oaths before 
such a commissioned officer shall forthwith transmit to the 
state secretary a certificate tliereof signed b}' the conunis- 
sioned officer who administered the same. 

Approved April 2, 1945, 



An Act placing the incumbent of the position of C/utnAS?) 

SECRETARY OF THE BOSTON TRANSIT DEPARTMENT UNDER 
THE CIVIL SERVICE LAWS AND RULES. 

Be it enacted, etc., as follows: 

Section 1. On and after the effective date of this act, 
I he provisional incumbent of the position of secretary of 
the transit department of the city of Boston in ofli(!e on 
January second, nineteen hundred and forty-five, shall be 
considered to be properly classified under the civil service 
laws and rules, subject to his passing a non-competitive 
qualifying examination to which he shall be subjected by 
the division of civil service.' 

Section 2. The person referred to in section one of this 
act shall not be subjected to any probationary period; pro- 
vided, that he passes the non-competitive examination as 
provided in said section one. Approved April S, 1945. 



An Act pertaining to the investment of deposits of (^jian ]S4 

SAVINGS banks AND THE INCOME DERIVED THEREFROM 
IN FIRST MORTGAGES OF REAL ESTATE. 

Be it enacted, etc., as follows: 

Sec'iton 1. Clause First of section fifty-four of chapter g. l. rivr. 
one hundred and sixty-eight of the General Laws, as most j^si.'eu?" 
recently amended by chapter ninety-four of the acts of nine- "mRnrfp'i" 
teen hundred and forty-three, is hereby further amended by 
striking out subdivision (e), as appearing in section two of 
said chapter ninety-four, and inserting in place thereof the 
following subdivision: — 

(e) A loan secured by a first mortgage of real estate located ^^"J^o^rt'T e 
in the conunon wealth, except real estate referred to in sub- ioans not 
section (h) hereof, not exceeding seventy per cent of the value sevent>"per 
of the premises to be mortgaged, may be made for a period of '"f^Vomrse's"'' 
not less than fixe nor more than twenty years from the date 
of the note, provided that the terms of the note shall require 
payments on the loan to be made in periodic installments, 
at intervals not exceeding three months, such payments to 
commence not later than three montlis after the date of the 
note, ami sucii payments on any loan referred to in t])W 



140 



Acts, 1945. — Chap. 184. 



G. L. (Ter. 
Ed.), lliS, 
§ 54, new 
subdivision 
(e^i). added. 

Same subject. 

Loans not 
e.xceeding 
seventy-five 
per cent of 
value of 
premises. 



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



Certification 
and revalua- 
tion of loans. 



subsection shall be in aniounls aggregating jinnuaUy not, le^ss 
( ban three per cent of the original amount of tl)e loan ; except. 
that in the c:use of a construction loan under this subsection, 
such pa3niients at the rate of not less than tliree per cent per 
annum may commence not later than six months after the 
date of the note. No loan under this subsection shall be 
made for a sum in excess of twenty-five thousand dollars. 

Skction 2. Said clause First is hereby further amended 
l\y inserting after subdivision (e), as amended, the following 
subdivision: — 

(e}/2) ^ ioan secured by a first mortgage of real estate 
located in the commonwealth, except real estate referred to 
in subsection (b) hereof, not exceeding seventy-five per cent 
of the value of the premises to be mortgaged, may be made 
for a period of not less than ten nor more than twenty years 
from the date of the note, provided that the terms of the 
note shall require payments 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, 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 amoimt of the 
loan ; except that in the case of a construction loan under this 
subsection, such [payments at the rate of not less than three 
per cent j^er annum may commence not later than six montlis 
after the date of the note. Any mortgage taken imder this 
subsection shall contain a provision requiring payment, at 
least quarterly, of a proportionate part of the estimated real 
estate^ taxes and betterment assessments. No loan under 
this subsection shall be made for a sum in excess of ten thou- 
sand dollars. 

Section 3. Said clause First is hereby further amended 
by striking out the word "and" in the second line of sub- 
division (/), as most recently amended by chapter one hun- 
dred and eighty of the acts of nineteen hundred and thirty- 
seven, and inserting in place thereof a comma, — and by 
inserting, in the same line, after "(e)" the following: — and 
i*'}^)' — so as to read as follows: — 

(/) Not later than three years after the date of the note, 
as provided by subdivisions (d), (e) and {e}/^) hereof, not 
less than two members of the board of investment shall 
certify in writing, according to their best judgment, the value 
of the premises mortgaged; and the premises shall be re- 
valued in the same manner at intervals of not more than three 
years so long as they are mortgaged to such corporation. 
Such report, shall be filed and pre-^erved with the records of 
the corporation. Approved April 4, 194o: 



Acts, 1945. — Chaps. 185, 186. 141 

.\x Act relative to the issue of certain void marriages. (JJiarf 185 

Re it enacted, etc., as follows: 

Section seventeon of chapter two hundred and seven of ^■,\-^J^'^\ ,~ 
tlie General Laws, as appearing in the lercentenary hdition, amended. 
is iiereby amended b)^ inserting after the word "again" in 
the sixth line the words: — , or that there was no former mar- 
riage, — so as to read as follows: — Section 17. If a mar- issue of mar- 
riage is declared void by reason of a prior marriage of either reSon of'prmr 
party and the court finds that the second marriage was con- marriage. 
tracted with the full belief of the party who was capable of 
contracting the second marriage that the former husband or 
wife was dead, or that the former marriage w;is \oid, or that 
a (hvorce liad been decreed leaving the party to. the former 
marriage free to marry again, or that tliere was no former 
marriage, such finding shall be stated in the decree, and the 
issue of the second marriage, if born or begotten before the 
second marriage was declared void, sliall be the legitimate 
issue of the j^arcnt capable of contracting the marriage. 

Approved April 4, 19J,5. 



An Act relative to the practice of medicine by hospital CJiav 18G 

INTERNES, FELLOWS AND MEDICAL OFFICERS. 

Be it enacted, etc., as follows: 

Chapter one hundred and twelve of the General Laws is c;. i„ crcr. 
4iereby amended by striking out section nine, as amended fg.^^tV.,"' 
by chapter one hundred and fifty-two of the acts of nineteen amended. 
iiundred and thirty-three, and inserting in place thereof 
the following section: — Section 9. An appHcant for limited i'>">itcd regis- 
registration under this section who shall furnish the board internes, etr. 
with satisfactory {)roof that he is twenty-one or over and of 
good moral character, that he has creditably completed not 
less than three and one half years of study in a legally char- 
tered medical school having the j^ower to grant degrees in 
medicine, and that he has been appointed an interne, fellow 
or medical officer in a hospital or other institution maintained 
by the commonwealth, or by a county or municipality thereof, 
or in a hospital or clinic which is incorporated under the laws 
of the commonwealth or in a clinic which is affiliated with a 
hospital licensed bv the department of public health under 
authority of section seventy-one of chapter one hundred and 
eleven, may, upon the payment of five dollars, be registered 
by the board as a hospital medical officer for such time as it 
may prescribe; but such limited registration shall entitle the 
.said applicant to practice medicine only in the hospital or 
other institution designated on his certificate of limited regis- 
tiation, (>i- iditsidc such hospital or olher inslitiition for thf 
Irealuient, under the supervision of one of its M!edi(;al officers 
who is a duly registered physician, of persons ac!cepted by it 



142 Acts, 1945. — Chaps. 187, 188. 

as patiente, and in either case under regulations established 
by such hospital or other institution. Limited registration 
under this section nia}' be revoked at any time by the board. 

Approved April 4, 10/, 5. 

(lidpAKI A.N Act authorizing the town of methuen to pay cer- 
tain EMPLOYEES THEREOF WAGES DUE TO THEM FOR THE 
YEAR NINETEEN HUNDRED AND FORTY-TWO. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging;- a moral obli- 
gation, the town of Methuen is hereby autliorized to pay to 
Clifford Duhamel, Carl Renter, Gerald Valcourt and John 
Dwyer, members of the hre department, of said town, the 
balance of wages due to them for the year nineteen hundred 
and forty-two, not exceeding, in the aggregate, four hundred 
and thirty-one dollars and hfty-six cents, and to pay to Frank 
S. Giles, Jr. and Monroe K. Bean, members of the police 
department of said town, the balance of wages due to them 
for said year, not exceeding, in the aggregate, one hundred 
and ninety-hve dollars and ninety-nine cents. Said pay- 
ments shall be subject to the approval of the director of 
accounts. 

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

Approved April 6, 1943. 



Invest uii'iit 



( 'liap.lSS An Act relative to investments by domestic insurance 

companies in CERTAIN MORTGAGES OF REAL PROPERTY. 

Be it enacted, etc., as follows: 

^'•, ^'- < J*'"-. .. Section sixty-three of chapter one hundred and seventy- 
ami;i'Ki.;d.' '' ' fivc of the Gcucral Laws is hereby amended by striking oul 
paragraph seven, as appearing in the Tercentenary Edition, 
and inserting in place thereof the following paragraph: — 
7. In loans upon improved and unencumbered real prop- 
r-.s'prvefi of erty in any state of the United States or in the District of 
inmiranrc Columbia, and upon leasehold estates in improved real prop- 

loiupiuucs. gj.^y JQY jj \QYm of ninety-nine years or more where fifty years 
or more of the term is unexpired and where unencumbered 
except by rentals accruing therefrom to the owner of the fee, 
and where the mortgagee is entitled to b(^ subrogated to all 
the rights under the leasehold. No loan on such real prop- 
erty or such leasehold estate shall exceed sixty-six and t\\'0 
thirds per cent of the fair market value thereof at the time 
of maldng such loan and a certificate of the value of su(;li 
property shall be executed before the making of such loan 
by the persons making or authorizing such loan on behalf of 
the company, v.hic^h certificate shall be recorded on the books 
of the company. The cornuhssioner luay from time to time 
establish a schedule of minimum pa^iiients which the com- 
pany shall require to be made annually on the principal of 



Acts, 1945. — Chap. 189. 143 

any such loan made in an amount in excess of sixty per cent 
of such value. Any such schedule shall apply to all such loans 
for which a compan}- makes a commitment after thirty days 
from its receipt of a written notice of such schedule from the 
commissioner. Real property shall not be deemed to be 
encumbered within the meaning of this paragraph by reason 
of the existence of instruments reserv'ing mineral, oil or tim- 
ber rights,, rights of way, sewer rights, rights in walls, nor by 
reason of building restrictions or other restrictive covenants, 
nor by the reason that it is subject to lease under which rents 
or profits are reserved to the owner; provided, that the se- 
curity for such loan is a first lien upon such real property and 
that there is no condition or right of re-entry or forfeiture 
under which such Hen can be cut off, subordinated or other- 
wise disturbed. Approved April 6, 19/^5. 



An Act authorizing certain cemetery associations ii\ ('jiffy j^y 

THE TOWN OF MARION TO TRANSFER THE CEMETERIES, AND 
OTHER PROPERTY AND TRTTST FUNDS OF SAID ASSOCIATIONS, 
TO SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. Each of the following-named cemetery as- 
sociations situated in the town of Marion, to wit: North 
Marion Cemetery Association, Old Landing Cemetery Asso- 
ciation, Marion Evergreen Cemetery and Friends (Quaker) 
Cemeter}', or any of them, may, b}^ deed executed by the 
president and treasurer of such association, thereunto duly 
authorized, convey and transfer to said town of Marion, and 
said town is hereby authorized to receive, and thereafter to 
hold ;ind maintain, but for cemetery purposes onh-, and sub- 
ject to all rights heretofore existing in any burial lots in sucii 
cemeteiy or cemeteries, the real and personal property of 
such associations, or any of them; and thereupon, and upon 
the transfer of trust funds, as authorized by section two, by 
any such association holding such funds, such association 
shall be dissolved; and the cemetery of such association 
shall be and become a public burial place, ground or ceme- 
tery. 

Any property devised or bequeathed to any of such ceme- 
tery associations transferring its property under authority 
of this act, under the will of any person living at the time 
of the transfer aforesaid or under the will of an}- deceased 
person not then j^robated, shall, at the time when such devise 
or beciuest becomes operative, be paid to said town instead 
of to said association and thereafter be held upon the same 
trusts. 

Section 2. Any cemeter\- dissociation mentioned in sec- 
tion one, upon the transfer of its property thereunder to said 
town, shall also pay over to said town all funds or other prop- 
erty held by it in trust for the perpetual care of the lots in 
iSuch cemetery or otherwise, and said town shall thereafter 



144 Acts, 1945. — Chap. 190. 

hold such trust property upon the same trusts as those upon 
which such trust funds are now held by such cemetery asso- 
ciation. 

Section 3. All real and personal property, and property 
rights, acquired by said town from any cemetery associatioii 
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 any such cemetery or any lots therein shall 
remain in force to the same extent as if this act had not been 
jiassed and such transfer had not occiured. The records of 
;i.ny such association shall be delivered to the clerk of said 
town, and such clerk may certify copies thereof. 

Section 4. Interest and dividends accruing on funds de- 
posited in trust with any savings bank, mider authority of 
.section thirty-seven or thirty-eight of chapter one hundred 
and sixty-eight of the General Laws, or with any other bank- 
ing institution, for the benefit of any such cemetery associa- 
tion or of any lots therein shall, after such conveyance and 
transfer, be paid by such bank to the treasurer of said town, 
and said treasurer, under the direction of the cemetery com- 
missioners of said town, shall use the same for the purposes 
specified by the donor of said funds or by the will of the per- 
son bequeathing the same. 

Section 5. Nothing in this act shall l^e construed to 
authorize or require the diversion of any funds or property 
given in trust for any specified purpose or use to any other 
purpose or use, and said town sliall administer such property 
or funds in accordance with the terms of such a gift or trust 
until otherwise ordered by a court of competent jurisdiction. 

Section 6. This act shall take full effect upon its accept- 
ance by a majority of the registered voters of the town of 
Marion present and voting thereon :)t the annujii town meet- 
ing of said town to be held in the year nineteen hundred and 
forty-five, or at a special town meeting called for the purpose 
to be held prior to Decojiiber thirty-first, nineteen hundred 
and forty-five. Approved April 6, 19/^5. 



Chap. 190 An Act to provide for the establishment of a con- 
tributory co-operative banks employees retirement 
association. 

Be it enacted, etc., as foUoios: 

Ed^.' 17a ■ Chapter one hundred and seventy of the General Laws, as 

new '§§ 59-01 , appearing in chapter one hundred and forty-four of the acts 

"'^'^^ of nineteen hundred and thirty-three, is hereby amended by 

adding after section fifty-eight, under the caption co-opera- 

■I'lVE BANKS employees RETIREMENT ASSOCIATION, the three 

ietiJemen? I'ollowiug s(!ctions ; — Sectiou oU. Fifteen or more co-opera- 
aBsooiatiou. ijvc bauks may form the Co-op(^rative Banks J*]mployees 



Acts, 1945. — Chap. 190. 145 

Retiretiierit Association, in this section and in sections sixty orgamzation 
and sixty-one called the association, for the purpose of pro- 
viding pensions for eligible employees of the jiarticipating 
banks who retire on account of age or disability. 

All co-operative banks established under the laws of the 
commonwealth, the Co-operative Bank League of Massachu- 
setts, the Co-operative Central Bank, nnd such of their re- 
spective employees as may be j^rovided by the by-laws of the 
association shall be eligible for membership in the association. 
For the purposes of this section and sections sixty and sixty- 
one a reference to "TDank" or "banks" shall, unless the con- 
text otherwise requires, mean and include any or all of the 
organizations named in this paragraph, and a reference to 
"board of directors" of a bank shall also, unless the context 
other\^'ise requires, mean and include the go\'erning body of 
each of such organizations. 

Eligible employees may contribute a portion of their sala- 
ries or wages, to be deducted by the employing banks and 
paid to the association. A participating bank may contribute 
to the funds of the association to the extent determined by 
its board of directors, but its contributions for future service, 
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 participating bank 
may also contribute for past service, as defined in the by- 
laws, amounts necessary to provide eligible employees with a 
pension or annuity to begin at age sixty-five or later, such 
pension or 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 anj- emploj^ee who has been continuously 
m the employ of such a bank for ten years or more becomes 
incapacitatecl for further service by reason of physical or 
mental disability before age sixty-five, the employing bank 
may pay him a pension in an amount not to exceed one por 
cent of the average salar}' for the five years preceding the date 
of retirement for each year, not exceeding thirty-five years, 
of continuous service. Any pen.sion paid on accoimt of dis- 
ability may be discontinued at any time by the board of 
directors of the employing bank, and shall be discontinued 
when any such pensioner substantially recovers his earning 
capacity. 

The funds contributed by participating banlvs and mem- 
ber employees shall be held or used by the trustees of the 
association for the purchase of annuities or payment of pen- 
sions to eligible emploj^ees 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 euiployee retiring from service before becoming entitled 
to a j)ension or annuity. Ex[)enses necessary for the admin- 



14() 



Acts, 1945. — Chap. 191, 



lOxemptioii 
from taxation, 
etc., of 
anuuities 
and pensions. 



i«trati(>n <>! I. lie association shall Ix' paid 1>\' parliripaliiig 
banks, on a proportionate basis as provided in the by-laws. 

No annuit.}' or i)ension provided by contributions from a 
participating bank for the benefit of an}- employee shall ex- 
ceed twenty-five hundred dollars yearly, or one half of the 
average salary of the employee for the five years preceding 
the date of retirement, whicliever is less. 

Section 60. The by-laws of the association shall be ap- 
proved by the commissioner and shall prescribe the manner 
in which, and the officers and agents by whom, the associa- 
tion maj' 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 directors of eacli of hfteen or more 
(•o-operati\'e banks, and have been ajjproved bv the commis- 
sioner. Such association shall annually, on or before Deceni- 
ber first, report to the commissioner such statements of its 
membership and financial transactions for the year ending 
on the preceding October thirtj^-first as the commissioner 
may consider necessarj^ to show its business and standing. 
The commissioner may verify such statement b}' an exami- 
nation of the books and papers of the association. 

The association shall not be subject to chapter thirtj^-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 61. The property of the association, the portion 
of the wages or salary of any employee deducted or to be 
deducted under, or under authority of, sections fifty-nine and 
sixty, the right of an employee to an annuitj^ or pension, and 
all his rights in the funds of the association, sliall 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 associa- 
tion, a participating bank, or any employee member of the 
association. No a.ssignment of any right in or to said fund.s 
or of any pension or annuity payable under section fifty-nine 
shall be valid, except that deferred annuity contracts pur- 
chased by a participating bank on account of past service 
of eligible employees may be assigned to such bank prior to 
actual retirement. Approved April 6, 194o. 



Chap. 191 An Act providing for the converting of co-operative 

FORM MORTGAGES TO DIRECT REDUCTION FORM MORTOA(;ES 
BY AGREEMENT IN CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Chapter one hundred and seventy of the General Laws is 
hereby amended by inserting after section thirty-five, as 
amended, the following section: — Section 35 A. With the 
approval of the board of directors, any shares pledged for a 
real estate loan may, at the request of the owner thereof, be 



G. L. (Tcr. 
Ed.), 170, 
new § So.A. 
added. 

Direct reduc- 
tion form 
mortRages in 



Acts, 1945. — Chap. 192. W 

cancelled, whereupon there shall be endorsed on the mortgage co-operative 
note as a credit upon the amount of the loan the full value of '-''"''^ 
such shares, less all monthly instalments of interest and fines 
in arrears, and, at the option of the directors, unpaid taxes 
and an amount not in excess of hve hundred dollars to be * 

expended for repairs, and any other legal charges and such 
sum as will leave the amount of the loan a multiple of fifty 
dollars. Such cancellation and credit may be made even if 
the amount of the loan will not thereby be reduced as to 
principal. Thereupon an agreement shall be executed, ex- 
tending the terms of the mortgage so as to correspond with 
the pertinent i)rovisions of section thirty-six A, and there- 
after said loan shall be subject to and governed by the pro- 
visions of sections thirty-six A to thirtj^-six D, inclusive. 

Neither the note evidencing the loan nor the mortgage 
seciu*ing the same shall be prejudiced by the application of 
the value of shares, notwithstanding the fact that no provi- 
sion for such application was originally made in the note 
or mortgage, and both the note and mortgage, as extended, 
shall continue to be held by the corporation as good and 
sufhcient security for the balance remaining unpaid. 

Approved April 6, 1945. 



An Act to permit investments by banking companies ChapA92 

IN L0.\NS SECl'RED BY MORTG.\GES OF REAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. Clause First of section seven of chapter one o. l. (Ter. 
hundred and seventy-two A of the General Laws, as appear- f 7;^;t^c^"'^' 
ing in section four of chapter four hundred and fifty-two amended. 
of the acts o^ nineteen hundred and thirty-five, is hereby 
amended by striking out the last sentence, — so as to read 
as follows : — 

First. In loans on personal security or secured by the Loans on 
pledge or assignment of any personal property including ^,f",rity, etc. 
certificates issued bj^ it, either full}^ paid up or representing 
payments being made by instalments. 

Section 2. Said section seven of said chapter one bun- o. l. (Ter. 
dred and seventy-two A, as amended, is hereby further f'^'^'Jl"''"' 
amended by adding after clause Third, as so appearing, further 
the lollowmg clause: — 

Fourth. In finst mortgages of residential real estate investment 
located in a city or town within fifteen miles of the main ^^.^"nwrt" 
office of the corporation, but not more than one third of the s^'S"^^ limited. 
whole amount of assets of the corporation shall be so invested. 
No loan on mortgage shall be made except upon written 
application, showing the date, name of applicant, amount 
asked for and security offered, nor except upon the report of 
not less than two members of the executive conuuittee, who 
shall certify on said application, according to their best 
judgment, the value of the premises to be mortgaged; and 
such application shall be filed and preserved with the records 
of the corporation. 



148 Acts, 1945. — Chaps. 193, 194. 

Each such loan shall be made for a period of not less than 
one year nor more than fifteen years from the date of the note, 
and the note shall require repayment of the amount loaned 
in substantially equal instalments, to commence not later 
, than one month from the date of the note, and to be paid at 

intervals of not exceeding one month. No such loan shall 
exceed seventy-five per cent of the value of the premises, to 
be mortgaged, nor shall it be made for a sum in excess of five 
thousand dollars. Approved April 6, 1946. 



Chap A^^ An Act further deferring the exercise bv co-operative 

BANKS OF THE PRIVILEGE OF CONVERTING INTO CERTAIN 
FEDERAL AGENCIES. 

preamble'?^ Whereus, The provision 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 
its enactment still continue and it is accordingly desirable 
that said provision 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. 

He it enacted, etc. . as follows: 

Section two of chapter two hundred and thirt3^-five of the 
acts of nineteen hundred and forty-three is hereby amended 
by striking out, in the third line, the word "two", and insert- 
ing in place thereof the word : — tliree, — so as to read as fol- 
lows: — Section 2. The privilege of conversion permitted by 
said section fifty A shall not be exercised by any co-oper- 
ative bank during Ihe period of three years immediately 
following the effective date of this act. 

Approved April 9, 1945. 

Chap.194: An Act authorizing the town of Orleans to acquire 
for park purposes a portion of a certain cemetery 
located in said town. 

Be it enacted, etc., as follow a: 

Section 1. The town of Orleans may take by eminent 
domain, under chapter seventy-nine of the General Laws, or 
acquire by purchase or otherwise, for the purpose of a public 
park, a certain portion of an old cemetery at the corner of 
Grand Army of the Republic highway (Massachusetts state 
highway, route 6) and Main street in said town, said portion 
being bounded and described as follows: 

Beginning on the southwest side of a granite post in range 
of land of Lloyd B. Wilcox and others; thence N 36° 08' W, 
10.0 feet to a stake; thence N 51° 58' 30" E, 46.8 feet, to a 
stake at a point of curvature; thence b}' a curve to the left, 
of radius, 25.0 feet, a distance of 34.43 feet to a stake at a 
point of tangency: thence N 26° 57' 30" W, 195.0 feet, to 



, Acts, 1945. — Chaps. 195, 196. 149 

land of Frank A. Besse, to the westerly side of a stone post; 
thence N 59° E, about 10 feet to the present fence and the 
westerly Hne of Main street; thence southeasterly,, south- 
erly and southwesterly by the present line of Main street 
and of Grand Armj^ of the Republic highway to a concrete 
bound; thence N 36° 08' W, about 4 feet, to the point of 
beginning. 

Section 2. Upon its acquisition of said portion of said 
cemetery, said town shall remove such bodies, tombstones 
and monuments as may be within said portion and replace 
them in some other location within the limits of said ceme- 
tery. 

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

Approved April 9, 1945. 



An Act providing that the city auditor, the city C}]ar).195 

CLERK AND THE CITY TREASURER OP" THE CITY OF LOWELL 
MAY EACH DESIGNATE A PERSON EMPLOYED IN HIS OFFICE 
TO PERFORM THE DUTIES OF SUCH DESIGNATING OFFICER 
IN CASE OF HIS ABSENCE OR DISABILITY. 

Be it enacted, etc., as follows: 

Section 1. The city auditor, the city clerk and the city 
treasurer of the city of Lowell may each designate in writing 
a person employed in his office who may perform the duties 
and shall have the powers of such designating officer during 
his absence or disability, but shall have no power to make any 
permanent appointments. Each of said officers shall be re- 
sponsible for the official acts of the person so designated by 
him and may revoke such designation at an}^ time. The civil 
service status of any person so designated shall not be affected 
thereby. 

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

Approved April 9, 1945. 



An Act attthorizing the construction and maintenance r7/o/;.196 

OF A structure BRIDGING TAMWORTH STREET IN THE CITY 
OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Upon petition and after seven days' notice 
inserted in at least three newspapers published in the city of 
Boston and a public hearing thereon, the board of street com- 
missioners of the city of Boston may, with the approval of 
the mayor, grant and issue a permit to James F. Flaherty 
and Bernard J. Killion, trustees of the Roessel real estate 
trust under an agreement and declaration of trust dated 
April first, nineteen hundred and forty-three, and recorded 
with Suffolk deeds, book six thou-sand and forty-six, page 
five hundred and eighty-one, their successors and assigns, to 
build ;ind, on sniili conflitions and .subject to such restrictions 



150 Acts, 1945. — Chap. 197. 

as said board may prescribe, permanently maintain a struc- 
ture bridging Tamworth street in said city connecting build- 
ings owned l)y the said James F. Flaherty and Bernard J. 
Killion, as trustees of said Roessel estate trust, on opposite 
sides of said street. Any permit granted under authority of 
this section may be revoked by said board, after due notice 
and a hearing. 

Section 2. The structure authorized by the permit 
granted and issued as provided in section one shall be built 
and maintained at a height not less than twenty-eight feet 
above the grade line of said street and shall be not more than 
eleven feet in width. No part of said structure or its supports 
shall rest on the surface of said street, nor shall any such 
structure be built or maintained over any portion of said 
street not owned in fee by said trustees, or their successors 
in office, without the written consent of the owners of such 
portion in each instance. tSuch consent of the city of Boston 
may be given by said board of street commissioners, with the 
approval of the mayor. 

Section 3. If a traveler on tiie highwa}- while in the 
exercise of due care sustains bodily injury or damage in his 
property by reason of the construction or maintenance of 
said structure, he ma}- recover damages therefor in an action 
of tort brought against the said James F. Flahert}^ and Ber- 
nard J. Killion, in their capacity as trustees of the Roessel 
real estate trust, or their successors or assigns, within one 
year after the date of such injury or damage; provided, that 
such notice of the time, place and cause of said injury- or dam- 
age be given to said trustees, or their successors or assigns, 
by, or on behalf of, the person or persons sustaining the same 
as is, under the provisions of chapter eighty-four of the Gen- 
eral Laws, valid and sufficient in cases of injury or damagf^ 
sustained by reason of a defect or a want of repair in or upon 
a way, if such defect or want of repair is caused by or consists 
in part of snow or ice, or both. The remedy herein provided 
shall not be exclusive, but shall be in addition to any other 
remedy provided by law. 

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

Approved April 9, 19Jj.o. 



('/i(tj)A\)7 An Act pertaining to the investment of deposits ok 
savings banks and the income derived therefrom 
IN certain personal loans. 

Be it enacted, etc., as folloivs: 

Ed.)'; 168,' Section 1. Clause Ninth of section hfty-foiu- of chapter 

{^54,' clause one hundred and sixty-eight of the General Laws, as amended, 
is hereby further amended b,\' adding at the end of the first 
paragraph, as appearing in the Tercentenary Edition, the 
following: — ; and said limitations as to time and total 
individual liabilities of any one borrower shall not apply to 



Ninth, el 
Mtrion 



Acts, 1945. — Chai'. 198. 161 

loaiiy made under sub(iivision (a) of this claiuse, — so as to 
read as follows: — 

Ninth. In loans of the classes hereinafter described, pay- ^oiia<^ "" 
able and to be paid or renewed at a time not exceeding one securUy 
}ear from the date thereof; but not more than one third of baifks"""'^ 
the deposits and income shall so be invested, nor shall the 
total liabilities to such corporation of a person, partnership, 
association or corporation for money borrowed upon per- 
sonal security, including in the liabilities of a partnership or 
company not incorporated the liabilities of the several mem- 
bers thereof, exceed ti\e per cent of such deposits and in- 
come; but said limitations, except as to time in which said 
loans shall be paid or renewed, shall not apply to loans made 
under paragraph (2) subdivision (e) of this clause; and said 
limitations as to time and total individual liabilities of any 
one borrower shall not apply to loans made under subdivision 
(a) of this clause. 

Section 2. Said clause Ninth is hereby further amended <j^- '- ''.'"^•'• 
by striking out subdivision (n), as appearing in the Ter- §'54,'riau'so 
centenary Edition, and inserting in place thereof the follow- f^irth.Vr 

ing subdivision : amended. 

(a) A note of one or more responsible borrowers in such Loans on 
form and at such rate of interest or other charge as the board ""morj °"*^ 
of investment shall b}' rules or regulations determine, with j;'"J''^''^'®[f 
the approval of the commissioner, payable or to be paid in ° 
instalments at intervals of not exceeding one month and all 
within a period of not exceeding eighteen months from the 
date of the note. Such notes may provide for the payment 
of the first instalment on a date not more than three months 
from the date of the note or of some one subsequent instal- 
ment on a date not more than three months from the date 
of the last prior instalment, and may, in the discretion of 
such corporation, be secured or unsecured. The total obli- 
gation of any one person to any such corporation in this class 
of investment shall not exceed one thousand dollars; and 
the aggregate of such loans made by any such corporation 
shall not exceed five per cent of its deposits. The provisions 
of .sections eighty-six to one hundred and ten, inclusive, of 
chapter one hundred and forty shall not apply to loans made 
under this subdivision. Approved April 9, 1945. 



Ax Act authorizing the cottntv of sfffolk to reim- r7/^n>.19.S 

BURSE THE CHIEF PRORATION OFFICER OF THE SOUTH 
BOSTON DISTRICT COURT FOR MONEY STOLEN FROM HIS 
OFFICE. 

lie it enacted, etc., as follows: 

Section 1. The cotmty of Suffolk may pay to Patrick 
.1. Hurley, chjpf probafion officer of the South Boston district 
court, tiic siMii of one hiuidred autl twenty-six dollars an<l 
fifty-five cents, to reimburses him for money stolen from the 
office of said ])robation officer. 



152 Acts, 1945. — Chaps. 199, 200. 

Section 2. 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, subject to the provisions of its charter, 
but not otherwise. Approved April 9, 1945. 



( '/iap.199 A\- Act shortening the time within which the depart- 
ment OF public utilities may alter the forms of 

RETURNS TO BE MADE BY COMMON CARRIERS. 

Ht it enacted, etc., as follows: 

FdV'iMrVi' Section thirty-two of chapter one hundred and fifty-nine 
:mK'nHt(i.' ' '"" of thc General Laws, as appearing in the Tercentenary Edi- 
tion, is hereby amended by striking out the first sentence 
R.tiij;ns, form aud inscrtiug in place thereof the following sentence: — The 
fiUng 'bT ^'" department shall prescribe the forms for the annual returns 
comraoii to be made to it by the several kinds of common carriers 

and may from time to time make changes and additions in 
any such form; provided, that changes therein or additions 
thereto requiring any alteration in the method or form of 
keeping the accounts of such conmion carriers shall not be 
effective until after notice thereof shall have been given, at 
least six months before the beginning of the year or -other 
period for which such changes or additions are prescribed, 
by the department to the common carriers affected thereby. 

Approved, April 9, 1945. 



earners. 



(■flap. 200 An Act increasing the amount of money that the town 

OF AVER MAY BORROW FOR THE PURPOSE OF CONSTRUCT- 
ING and operating a SYSTEM OR SYSTEMS OF SEWERS. 

Be it enacted, etc., as follows: 

Section 1. Section eight of chapter two hundred and 
fifty-five of the acts of nineteen hundred and forty-one is 
hereby amended by striking out, in the fourth line, the word 
"seventy-five" and inserting in place thereof the words:- - 
one hundred and fifty, — so as to read as follows: — Section S. 
For the purpose of paying the necessarj' expenses and lia- 
bilities incurred under this act said town may borrow such 
sums as may be necessary, not exceeding, in the aggregate, 
one hundred and fifty thousand dollars, and may issue bonds 
or notes therefor, which shall bear on their face, the words, 
Ayer Sewerage Loan, Act. of nineteen hundred and forty-one. 
Each authorized issue shall constitute a separate loan. In- 
debtedness incurred under this act shall be in excess of the 
statutory Uniit, but shall, except as provided herein, be sub- 
ject to chapter forty-four of the General Laws. 

Section 2. Tliis act shall take full effect upon its accept- 
ance by vote of the majority of the voters of the town of 
Ayer voiiug thereon at any town nicoting called for ilie pur- 
pose within five years after its passage; but not otherwise. 

Approved April 9, 194o. 



Acts, 1945. — Chap. 201. If^i 



An Act providing a per\u.vEiMT tntekmittext policb Clwp.liO] 

FORCE FOR THE TOWN OF METHTJEN, REGTTLATIN« APPOIAT- 
MENTS THERETO AND THE SERVICE THEREOF. 

Be it enacted, etc., as folloivs: 

Section 1. There is hereby established a j)ernianeiit iii- 
terniiltent pohce force ior the town of Methueii, eoinposed 
of not more than t\\elve members, all or any of whom may be 
called into service as police officers of said town by the chief 
of police or by the selectmen whenever he or they shall deter- 
mine that the service of police officers in addition to those of 
the regular and reserve police forces of said town is required. 
No member of the permanent intermittent police force shall 
be called into service as a police officer .so long as there are 
members of the regular or reserve police forces of said town 
available for service, nor, except as hereinafter provided, so 
long as any vacancy in said regular or reserve police force 
remains unfilled. If a requisition has been made upon the 
director of civil service for the purpose of filling any such 
vacancy and the director certifies that there is no suitable 
eligible list from which certification can be made, such a 
member may be emploj^ed during such time as there is no 
such list or if such a requisition has been made and there is 
such a list, such a member may be employed for a period of 
not exceeding thirty days from the making of such requisi- 
tion, pending the filling of the vacancy from such list. 

Any member of said permanent intermittent police force 
called into service shall, until notified by the chief of police 
or the selectmen of the termination of his service, be com- 
pensated at the daily rate established for the compensation 
of a regular police officer of said town and shall have all of 
the powers, duties and rights of such a police oflacer in said 
town, including any right of such an officer to compensation 
for any injury or disability incurred in line of duty. The 
widow and children of any member of said permanent in- 
termittent police force who is killed, or dies from injuries 
recei\'ed, or dies as a natural and proximate result of under- 
going a hazard peculiar to his emploj'ment, while in the per- 
formance of his duty after a call to service shall have the 
rights and benefits provided by section eighty-nine of chapter 
thirty-two of the General Laws, as most recently amended. 

Said permanent intermittent police force and appoint- 
ments made thereto shall not be subject to the provisions of 
chapter thirtj^-one of the General Laws, and no member of 
.said force shall, by reason of his active .service under call, 
become entitled to any retirement benefits. 

Any member of said permanent intermittent police force 
may be removed by the .selectmen at anj' time forany reason 
satisfactory to them, and members of said force shall wear 
such imiforms, carry such insignia and equipment and be 
subject to such rules and regulations as the selectmen may 
from time to time prescribe. 



154 Acts, 1945. — Chaps. 202, 203. 

The niembers of said permanent intenniitent police force 
shall be av.'iil.-ible for ."service in other f)lac(\«! on refjuisition as 
[)rovided by section ninety-nine of chapter forty-one of the 
General Laws, as most recently amended. 

The selectmen of said town of Methuen shall forthwith 
appoint Harry D. Hargreaves, WiUiam McCarron, James J. 
(Irant, William Cavanaugh, x\lbert Feugill, Raymond Poulin, 
( 'armelo DiUrio, ,)ohn Peever, Horace Moore, John Baker, J. 
Arthur Clark and Raymond lncollinji;o, all of said Methuen, 
1o said force and shall thereafter appoint male re.sidents of 
said town to fill such vacancies as may from time to time occur 
therein. 

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

Approved April 9, 1945. 



('fi(rp.2()2 A.v Act relative to commitments to the massachisetts 

TRAINING SCHOOLS. 

He it enacted, etc., as follow.'<: 

G. L. (Tor^ ^ Chapter one hundred and nineteen of the General Laws 
lun'ended.' '" is hereby amended by striking out section seventy-three, as 
appearing in the Tercentenar}- Edition, and inserting in place 
Commitments thereof the following section : — - Section 73. In criminal pro- 
set^toatnhi^K cecdings under the following sections, district courts other 
schools. \\\axi the numicipal court of the city of Boston, the Boston 

juvenile court and trial justices may commit boys under 
fifteen years of age to the L^^man school, boys between 
fifteen and seventeen years of age to the industrial school 
for bo3^s, and girls under seventeen years of age to the in- 
dustrial school for girls. Approved April 9, 1945. 



67/0/7.203 An Act to incorporate the trustees of the george 
w. davenport home for aged, needy and deserving 
women and couples. 

^]"^Znh\P Whereas, The erection and operation at the earliest possible 

moment of the home referred to in this act is a matter of 
immediate public convenience to the eligible inhabitants of 
the towns therein referred to, and the deferred operation 
of this act would in part tend to defeat its purpose which 
i.s to immediately^ proceed on the erection of such a home, 
therefore this act is hereby declared to be an emergency law, 
necessary for the iuunediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section 1. William A. Davenport, Harry J. Wentworth 
.and Isabelle O. Fairhurst, trustees under the will of George 
W. Davenport, and their successors in said trust, are hereby 
made a corporation, under the name of the Trustees of the 
George W. Davenport Home for Aged, Needy and Deserv- 
ing Women and Couj)les, for the purpose of erecting, estab- 



Acts, 1945. — Chap. 204. 155 

lisliing, nuiiuiging and directing a home for aged women and 
couplps, native born inhabitants of the towns of Greenfield, 
J.-eydeD and Bernardston, and residejit therein, with all the 
powers, privileges and exemptions, and subject to all the du- 
ties, restrictions and liabilities, set forth in all general laws 
now or hereafter in force relating to such corporations. 

Spx;tion 2. Said corporation is hereby authorized and 
empowered to receive and manage bequests, gifts and other 
contributions for similar and other purposes relating to the 
use of said home by or for other aged persons. 

Approved April 11, 1945. 



An Act regulating the making of certain excavations nhr,qf OO-I 

IN THE CITY OF BOSTON. ^ 

Be it enacted, etc., as follows: 

Section 1. No person shall excavate any land in the city 
of Boston to a depth of more than five feet for the purposes 
of obtaining and removing sand, gravel or loam without first 
obtaining a permit from the building commissioner of said 
city. Apphcation for such permit shall contain a description, 
of the proposed excavation including a statement of the pur- 
pose thereof and the building commissioner may require 
that plans of the i^roposed excavation be filed before issu- 
ance of the permit. Said permit shall contain, by way of con- 
dition, such requirements with respect to drainage, shoring, 
fencing and other precautions as in the judgment of the 
building commissioner are necessary for the protection of 
neighboring land and structures thereon and of the public. 
In case such requirements are imposed by the building com- 
missioner the permit shall not issue until the applicant files a 
bond, with the building commissioner as obligee, with a 
siu'ety company authorized to do business in the common- 
wealth as suret,y, and conditioned upon the performance by 
the applicant of said requirements of the building commis- 
sioner. The penal sum of said bond shall be in an amount 
satisfactory to the building commissioner and suit may be 
commenced on said bond in the name of the building com- 
missioner by any person sustaining damage to person or 
))ro]ierty as a result of a breach of said requirements so 
imposed. 

Any person aggrieved by any act or omission of the build- 
ing conunissioner under this act shall have all remedies by 
way of appeal proxided in sections one hundred and eighteen 
and one hundred and nineteen of chapter four hundred and 
seventy-nine of the acts of nineteen hundred and thirty- 
eight. 

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

Approved April 11, 1945. 



15(3 Acts, 1945. — Chaps. 205, 206, 207. 



C/wp.205 Am Act providing that persoxs held in clstody, not 

CHARGED WITH A FELONY, SHALL BE PERMITTED TO COM- 
MUNICATE WITH RELATIVES, FRIENDS OK ATTORNEY, OK 
TO PROCURE BAIL, BY USE OF TELEPHONE SERVICE MAIN- 
TAINED IN THE PLACE OF CUSTODY. 

Be it enacted, etc., as follows: 

Ed 'r 276'' (Chapter two hundred and seventy-six of the General Laws 

new§33A, is hereby amended by inserting after section thirty-ttiree, 
''^^^'^^' as appearing in the Tercentenary Edition, the following 

Certain per- sBction: — Section 33 A. The police official in charge of the 
c^tody to° station or other place of detention having a telephone wherein 
tousITde-'''' ^ person is held in custody, not charged with a felony, shall 
phone to permit the asc of the teleplione for the purpose of allowing the 

'f(>r1^fn, tto. arrested person to communicate with liis farail.Y' or friends, 
or to arrange for release on bail, or to engage the services 
of an attorney. Approved April 11, 19J,.5. 



('/iap.2{}6 An Act authorizing Bristol county to expend a cer- 
tain SUM OF MONEY FOR REPAIRINC!, FURNISHIN(i AND 
improving COUNTY BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. The county of Bristol may expend a sum 
not exceeding ten thousand dollars for the purpose of re- 
pairing, furnishing and improving county buildings, in addi- 
tion to amounts already available for that purpose, said 
sum to be included in the appropriation for the current year 
for said county. 

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

Approved April 12, 194-5. 



C/ni]).2{)7 An Act authorizing contributions by the county of 

BARNSTABLE FOR THE CONSTRUCTION OF SEA WALLS OR 
other FORMS OF SHORE PROTECTION FOR TOWNS IN SAID 
COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The county of Barnstable is hereby author- 
ized to contribute to the cost of constructing sea walls or 
other works to be built by the state department of public 
works during the years nineteen hundred and forty-five, 
nineteen hundred and forty-six, nineteen hundred and forty- 
seven and nineteen hundred and fort\'-eight imder authority 
of section eleven of chapter ninety-one of the General Laws 
for the protection of the shores of the towns in said county 
from erosion by the sea, and the coimty treasurer, with the 
approval of the coimty commissioners, may pay the county's 
proportion of such cost from the highway appropriation for 
the year during which the agreement to ui.uke such [)ayment 
is entered into or, for the purpose of so contributing, may 



AcTH, 1945. — Chap. 208. , 157 

borrow fioni time l<» tinip on tb^ ci'edit of the coimty sue;!* 
sums as may be necessary, not exceeding, in the aggi-egate, 
one hundred thousand dollars, and may issue bonds or 
notes of the county therefor, which shall bear on their face 
the words Barnstable County Shore Protection Loan, Act of 
194.5. Each authorized issue shall constitute a separate 
loan, and such loans shall be payable in not more than hve 
years from their dates. Such bonds or notes shall be signed 
by tiie county treasurer and coimlersigned b}- a majoritv 
of the county conunissioners. The county may sell such 
seciu-ities at public or private sale upon such terms and 
conditions as the county commissioners may deem proper, 
but not for less than their par value. Indebtedness incurred 
umler this act shall, except as herein provided, be subject to 
chapter thirty-five of the General Laws. 

Section 2. The coimty treasurer, with tlie approval of 
the county conmiissioners, may issue temj>orary notes of 
the county pa;>able in not more than one year from tlieii- 
tlates, in anticipation of the issue of serial bonds or notes 
under section one, but the time within which such serial 
bonds or notes shall become due and payable shall not, b}- 
rea.son of such temporar}^ notes, be extended bej'ond the time 
fixed by said section. Any notes issued in anticipation of 
the serial bonds or notes shall be paid from the proceeds 
thereof. 

Section ;>. This act shall take effect upon its passage. 

Approved April 12, 1945. 



A\ Act atthorizinc the payme.vt in whole or in part CJinp.2()S> 

ay THE COUNTY OF BRISTOL OF A CERTAIN BILL OF WILLIAM 
MCAFLIFFE FOR REPAIR WORK DONE AT THE RECilSTRY OF 
DEEDS BUILDING AT NEW BEDFORD. 

lie it enacted, etc., as follows: 

The county treasurer of Bristol county may pay to Wil- 
liam McAulifTe of New Bedford the sum of two thousand 
and forty-five dollars and fifty cents, or such lesser amount 
as the county commissioners of said county may deter- 
mine, in payment in whole or in part of his bill, dated Octo- 
ber sixteenth, nineteen hundred and forty-four, against said 
county for labor and materials furnished in making repairs 
to the registry of deeds building at New Bedford on account 
of damage caused by the hurricane of September fourteenth, 
nineteen hundred and forty-four, said work having been 
ordered by said county commissioners. Paj-meht authorized 
hereunder shall be from the proceeds of a loan incurred under 
authority of section thirty-six A of chapter thirty-five of the 
General Laws. Approved April ] 2, 194 f>. 



158 Acts, 1945. — Chaps. 209, 210. 

C'Ar//).209 ■'^^ ^^'^'''' AlTTHOlMZlNfi TIIK PAYMENT HV TMK COUNTY Ol'' 
BKISTOIi OK A CERTAIN BILL OF VV1LLIA.M MCAULIFFE FOK 
REPAIR WORK DONE AT THE REGISTRY OF DEEDS BUILDING 
AT NEW BEDFORD. 

Be it enacted, etc., asfolhnvs: 

The county treasurer of Bristol county may pay to Wil- 
liam McAuliffe of New Bedford tlie sum of twenty-one hun- 
dred and eiglity-four dollars in payment of his bill, dated 
October ninth, nineteen iumdred and forty-four, aj^ainst said 
county for labor and materials furnished in making repairs 
to the registry of deeds building at New Bedford on account 
of damage caused by the hurricane of September fourteenth, 
nineteen hundred and forty-four, said work having been 
ordered by the county commissioners of said county. Pay- 
ment authorized hereunder shall be from the proceeds of a 
loan incurred under authority of section thirty-six A of 
(chapter thirty-iive of the General Laws. 

Approved April 12, 1945. 



( 'lt(ii).2i() An Act consolidating the first [txiversalist sociepy 

IX LOWELL AND THE GRACE UNIVERSALIST PARISH OF 
LOWELL. 

Be it enacted, etc., as follows: 

Section 1. The First Universalist Society in Lowell and 
the Grace Universalist Parish of Lowell, corporations estab- 
lished under the laws of the commonwealth, are hereby 
authorized to consolidate into one corporation, with all the 
l)rivileges, powers and immunities to which other religioiLS 
societies in this commonwealth are by law entitled, under 
the name of First-Grace Universalist Parish in Lowell, which 
shall in all respects be a continuation of, and the lawful suc- 
cessor to, said existing corporations. 

Section 2. Upon such consolidation, all bequests, de- 
vises, conveyances and gifts heretofore or hereafter made to 
either of said existing corporations, however described, and 
all the powers and privileges thereof shall vest in said con- 
solidated corporation and all trusts now or hereafter vested 
in either of said existing corporations shall be preserved 
inviolate, and all provisions relating thereto shall have full 
force and effect in said consolidated corporation, in so far as 
such authority and right may be granted by statute. 

Section 3. Upon such consolidation, the treasurers of 
said existing (Corporations are hereby respectively authorized 
to execute and deliver all papers and documents that may be 
deemed necessary or proper for the purpose of vesting in 
t lie consolidated corporation the property belonging respec- 
tively to the existing corporations. 

Section 4. Whatever authority or right is granted or 
conferred by this act, is liereby declared to be limited to such 
uulhority or riglit, as the general court may constitutionally 



Acts, 1945. — Chap. 211. 159 

grant or confer, without prejudice to any proceeding that 
ma}' be instituted in any court of competent jurisdiction to 
effect the purposes of this act. 

Section 5. Upon the acceptance of this act by eacii of 
tlie existing corporations at a meeting duly called for the 
purpose, duly certified copies of the respective votes of ac- 
ceptance shall be filed in the registry of deeds for the north- 
ern district of Middlesex county and in the office of the state 
secretar}^, and the consolidation of said corporations shall 
thereupon be complete. Approved April 12, 1945. 



AiV Act regulating the lighting of public halls and (^1,^,,^ 9i i 

STAIRS IN tenement HOl'SES IN THE CITY OF HOLYOKE. ^ ' 

Be it enacted, etc., as follows: 

Section 1. In every tenement house in the city of PIol- 
yoke where the public halls and stairs are not, in the opinion 
of the board of health, sufficientl}- lighted, the owner of the 
liouse shall keep a proper light burning in the hallway, near 
the stairs, upon each floor, as may be necessar^^, from sun- 
rise to sunset. 

In ever}'^ tenement liouse in said city occupied by more 
than two families a proper light shall be kept burning by 
the owner in the public halls, near the stairs, upon the en- 
trance floor, and upon the second floor above the entrance 
floor of the house, every night from sunset to sunrise through- 
out the year, and upon all other floors of the said house from 
sunset until ten o'clock in the evening. 

Whoever violates smy provision of this act shall be pun- 
ished by a fine of not less than ten dollars. 

Section 2. The following words as used in this act shall 
have the following meanings : — 

"Public hall", a hall, corridor or passageway not within 
an apartment. 

"Tenement house", any house or ]>uilding, or part thereof, 
which is rented, leased, let or liirod out, to be occupied, or is 
occupied, or intended, arranged or designed to be occupied, 
as the home or residence of two or more families (a family 
may consist of one or more persons), living independently 
of each other and doing their cooking on the premises and 
having a common right in the halls, stairways, yard, courts, 
cellar, sinks, water closets or privies, or any of them. Where 
the occupants of dwelling houses contiguous and vertically 
divided, each occupied, or intended, arranged or designed to 
be occupied, as the home or residence of one family or more, 
have a common right in or use in common the halls, stair- 
ways, yards, cellars, sinks, water closets or privies, or any 
of them, such dwelling houses shall be deemed to be tene- 
ment houses and shall be subject to this act. 

Section 3. For the purpose of enforcing the provisions 
of this act, there shall be available to the proper officers of 
said city all means provided by chapter one hundred and 



160 Acts, 1945. — Chaps. 212, 218. 

forty-four of the General Laws for enforcing the provisions 
thereof similar to those contained in section one of this act. 
Section 4. , This act shall take full effect upon its accept- 
ance during the current year by the mayor and board of 
aldermen of said city, b\it not otherwise. 

Approved April 12, 19//). 



Cha'p.212 An Act authorizing the county of dukes county to 

ACQUIRE property, AND TO CONSTRUCT, MAINTAIN AND 
OPERATE THE SAME AS A PUBLIC AIRPORT. 

He it enacted, etc., as follows: 

Section 1. The county of Dukes County, actinj;- by ita 
county commissioners, is hereby authorized to acquire by 
purchase or otherwise land or other property for public air- 
port purposes, and, upon the acquisition of such property, 
said county, acting as aforesaid, is hereby authorized to con- 
struct thereon an airport and to maintain and operate the 
same as a public airport. 

Section 2. Said county commissioners may make rules 
and regulations for the use of such airport, and they may let 
or lease such airport, or any part thereof, for a period not 
exceeding twenty years. 

Section 3. Subject to appropriation, said county com- 
missioners shall employ such persons as they may deem 
necessary in the maintenance and operation of such airport, 
and fix their salaries or compensation. 

Approved April 12, 19J^5. 



C]iap.2\?> An Act relative to annual rentals or charges for 

USERS OF THE SEWER SYSTEM IN THE TOWN OF BARN- 
STABLE. 

Be it enacted, etc., as follows: 

Section ten of chapter two hundred and seventy-four 
of the acts of nineteen hundred and thirty-one is hereby 
amended by adding at the end the following paragraph : — 

The provisions of chapter eighty-three of the General 
Laws applicable to annual charges for the use of common 
sewers authorized by section sixteen of said chapter, includ- 
ing provisions relative to liens for such charges, shall apply 
in the case of annual rentals or charges prescribed under 
this act. Approved April 12, 191^5. 



Acts, 1945. — Chaps. 214, 215. 161 

An Act authorizing special judges of probate and in- QjiQjf 214 

SOLVENCY AND SPECIAL JUSTICES OF DISTRICT COURTS, ' 

WHEN NOT HOLDING COURT, TO DISPENSE WITH THE FIVE 
DAY NOTICE OF INTENTION OF MARRIAGE, AND VALIDAT- 
ING CERTAIN MARRIAGES. 

He it enacted, etc., as follows: 

Section 1. Section thirty of chapter two hundred and ^-M^^^"^- 
seven of the General Laws, as amended by section one of §'30,' etc' 
chapter eleven of the acts of nineteen hundred and thirty- '^"^^"ded. 
seven, is hereby further amended by striking out, in the 
eighth Hne, the words "when holding court", — so as to 
read as follows : — Section SO. Upon application by both of Authorizing 
the parties to an intended marriage, when both parties are Fustices to^"^ 
residents of the commonwealth or both parties are non-resi- thTfive^iTy^ 
dents, or upon application of the party residing within the notice of 
commonwealth when one of the parties is a resident and the marHage.'' 
other a non-resident, a judge of probate or a justice of a 
district court, or a special judge of probate and insolvency 
or special justice of a district court, may, after hearing such 
evidence as is presented, grant a certificate stating that in 
his opinion it is expedient that the intended marriage be 
solemnized without delay. Upon presentation of such a cer- 
tificate, or, in extraordinary or emergency cases when the 
death of either party is imminent, upon the authoritative 
request of a minister, clergyman, priest, rabbi or attending 
physician, the clerk or registrar of the town where the notice 
of intention has been filed shall at once issue the certificate 
prescribed in section twenty-eight. 

Section 2. All marriages which have been solemnized 
within the commonwealth pursuant to waivers, so called, of 
the five day notice of intention, granted by special judges of 
probate and insolvency or special justices of district courts 
when not holding court and which are invalid solely because 
granted by such special judges or special justices when not 
holding court, are hereby validated and confirmed. 

Approved April 12, 194-5. 



An Act to eliminate unfair competition and other Chav.215 

TRADE abuses IN THE SALE OF ALCOHOLIC BEVERAGES. 

Whereas, The practice of price cutting and loss-leader Emergency 
selling, so-called, results in unfair competition and other pi^eamhie. 
trade abuses; and 

Whereas, Such practice results in creating undue stimu- 
lation of sales of alcoholic beverages and contributes to a 
disorderly distribution and sale of alcoholic beverages and is 
detrimental to the proper regulation of the sale of alcoholic 
beverages ; 

Therefore, It is hereby declared to be against the public 
welfare and public policy of the commonwealth to permit 
price cutting and loss-leader selling, so-called, in connection 



added 



162 Acts, 1945. — Chaps. 216, 217. 

with the sale, of alcoholic beverages in the commonwealth; 
and 

Whereas, The deferred operation of this act would unduly 
interfere with the proper enforcement of the laws relating to 
the sale of alcoholic beverages; 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: 

FdV'ns'^' Chapter one hundred and thirty-eight of the General 

new I 23A, Laws, as appearing in section two of chapter three hundred 
and seventy-six of the acts of nineteen hundred and thirty- 
three, is hereby amended by inserting after section twenty- 
Tenaityfor three, as amended, the following section: — Section 23 A. 
p"u-tj.ef?n Whenever a holder of a license or permit issued under this 
Vi'iH.hoHc*'^ chapter is found guilty by the commission of violating any 
bcvoriiges. of the provislons of sections fourteen A to fourteen K, in- 
clusive, of chapter ninety-three, the commission shall sus- 
pend such license or permit for a period of thirty days for 
the first violation, for a period of ninety days for the second 
violation, and shall revoke such license or permit for the 
third violation. The commission may determine whether 
such a violation has taken place upon evidence secured by 
its own inspectors, investigators or agents, or from evidence 
submitted to it by any person or trade organization, or both. 

Approved April 16, 1943. 



preamble. 



('hnn.216 ^^ ^ct revivinCx rauch & lang, inc. 

lOiiiprgeiicy Wkeveas, The deferred operation of this act would tend 

to defeat its purpose, which is, in part, to permit the imme- 
diate collection of a claim for a large amount, which may 
otherwise be uncollectable, 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 folloivs: 

Rauch & Lang, Inc., a corporation dissolved by section 
one of chapter one hundred and fortj^-eight of the acts of 
nineteen hundred and thirty-eight, is hereby revived, witli 
the same powers, duties and obligations as if said chapter 
had not been passed. Approved April 16, 1945. 



Chan. 217 ^^ -^<^t relative to the reinstatement of war veter- 
ans IN teaching positions in the public schools. 

Emergency Wkei^eas, The deferred operation of this act would tend 

preamble. .^^ ^^^^^ ^^ defeat its purpose, which is t,o provide for the 

immediate reinstatement of certain veterans to teaching posi- 
tions in the public schools, therefore it is hereby declared to 
be an emergency law, necessary for the inuiiediate preserva- 
tion of the public convenience. 



Acts, 1945. — Chaps. 218, 219. lO:^ 

lie a enacted, etc., as folloivs: 

Section six of chapter seven hundred and eight of the acif? 
of nineteen hundred and forty-one is hereby amended by 
adding at the end thereof the following paragraph: — 

For the purposes of this act the employment of a person 
defined as a teacher in section six of chapter thirty-two of 
the General Laws shall be deemed employment under an 
appointment for an indefinite period and not for a fixed 
term, whether or not said teacher serves at the discretion 
of the school committee as provided in section forty-one of 
chapter seventy-one of the General Laws; and this para- 
graph shall applj^ to any person who terminated his employ- 
ment as a teacher on or after January first, nineteen hun- 
dred and fort}', for the purpose of serving in the military 
or naval forces of the United States. 

Approved April 16, 1945. 



An Act providing for furnishing without charge cer- (,'//(//;. 218 
tain copies of records to be used in furthering 
claims of certain veterans against the united 
states or the commonwealth, 

Be it enacted, etc., as follow s: 

Chapter two hundred and sixty-two of the General Laws o. l. (Xer. 
is hereby amended b}' striking out section forty-six A, as §'46A!etc., 
amended by chapter four hundred and eighty-four of the amended, 
acts of nineteen hundred and forty-three, and inserting in 
place thereof the following section : — Section J^SA . No fee Certain rec- 
for a cop3' of an>' record relating to the birth, death, mar- furnished'' 
riage, divorce, adoption or change of name of any person without fee. 
who served in the armed forces of the United States in time 
of war or insurrection, and received a discharge therefrom 
which is other than a dishonorable one, or a release from 
active dutj^ therein, hereinafter called the veteran, or relat- 
ing to any person a copy of whose like record is necessary to 
assist in proving a claim against the United States or the 
commonwealth, by the veteran, or by his or her spouse, 
widow, widower, children, dependents or legal representa- 
tives, shall be demanded or received by any officer of the 
commonwealth, or of any county, city or town thereof, who 
has charge of such records, from the veteran or from his or 
her spouse, ^idow. widower, children, dependents or legal 
rppresentatives ; provided, that such copy is for use in rela- 
tion to such a claim against the United States or the com- 
monwealth. Approved April 16, 194-5. 

An Act authorizi\(; the city of peabody to appropri- (7?ap.219 

ATE money for THE PAYMENT OF, AND TO PAY, CERTAIN 
(JNPAID BILLS. 

Be it enacted, etc., a.'i folloivs: 

Section L The city of Peabody is hereby authorized to 
appropriate money for the paj-ment of, and after such appro- 



1(34 Acts, 1945. — Chaps. 220, 221. 

priation the treasurpr of said city is hereby authorized to 
paj", such of the unpaid bills incurred by said city and total- 
ing five thousand and forty dollars, as set forth in the list 
on file in the office of the director of accounts in tlie depart- 
ment of corporations and taxation, as are legally unenforce- 
able against said city, either by reason of their being incurred 
in excess of available appropriations or by reason of the fail- 
ure of said city to comply with the provisions of its charter, 
and as are certified for payment by the heads of the depart- 
ments wherein the bills were contracted; provided, that the 
money so appropriated to pay such bills shall be raised by 
taxation in said city. 

Section 2. No bill shall be approved by the city auditor 
of said city for payment or paid by the treasm^er 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 cit}^ 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 b^y 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. Tliis act shall take effect upon its passage. 

Approved April IS, 1945. 



Ghap.220 An Act transferring the control of o'donnell park, 

so called, in the city of BROCKTON FROM THE PARK 

department to the playground department. 
lie it enacted, etc., as follows: 

Section 1. The control of O'Donnell park, so called, in 
the city of Brockton is hereby changed from the park de- 
partment to the playground department of said city. 

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

Approved April IS, 194o. 



Chap.221 An Act authorizing the city of boston to grant a per- 
mit relative to the construction and imaintenance 
OF a structure bridging chapman place in said city. 

Be it enacted, etc., as follows: 

Section 1. Upon petition, and after seven days' notice 
inserted in at least one newspaper pubhshed in the city of 
Boston, and a public hearing thereon, the board of street 
commissioners of the cit3' of Boston, with approval of the 
mayor, may grant and issue a permit to G. J. Sherrard 



Acts, 1945. — (^hap. 222. 165 

Company, a corporation duly established and existing under 
the laws of this commonwealth, and its successors and as- 
signs, to build and, on such conditions and subject to such 
restrictions as said board may prescribe, to permanently 
maintain a structure bridging Chapman place in said city, 
hereinafter called the way, at a point where said corpora- 
tion owns buildings on opposite sides of the way, for the 
purpose of connecting said buildings. Any permit granted 
hereunder may be revoked by said board with the approval 
of the mayor. 

Section 2. Any structure maintained under a permit 
granted as aforesaid shall be maintained in such manner that 
the bottom chord shall not be less than twenty-four feet 
above the grade line of the way, and no part of said structure 
or its support shall rest on the surface of the way, nor shall 
any such structure be maintained over any portion of the 
way not owned in fee by said G. .1. Sherrard Company with- 
out written consent of the owner of such portions in each in- 
stance, filed with the said board. Such consent of the city 
of Boston, if and when necessary, may be given b\' vote of 
the said board with the approval of the mayor. 

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

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

Approved April IS, 1945. 



An Act changing the time for the holding of munici- Clian.222 

PAL elections in THE CITY OF REVERE. 

Be it enacted, etc., as follows: 

Chapter two hundred and twenty of the acts of nineteen 
hundred and thirty-nine is hereby amended by striking out 
section one and inserting in place thereof the following sec- 
tion : — Section 1 . Beginning with the year nineteen hun- 
dred and forty-five, municipal elections in the city of Revere 
for the choice of mayor, collector of taxes, city treasurer, 



166 Acts, 1945. — Chaps. 223, 224. 

eouncilmen, assessors and members of the school committee 
shall be held biennially on the first Tuesday of November 
in every odd-numbered year. Approved April 18, 1946. 



(li(ip.22Z An Act giving to certain superintendents of schools 
IN superintendency unions the tenure benefits 
granted to other school superintendents. 

lie it enacted, etc., as follows: 

?:k\" 7i'l' m Section 1. Section sixty-three of chapter seventy-one of 
iimendecl the General Laws, as appearing in the Tercentenary lOdi- 

tion, is hereby amended by adding at the end the following 

paragraph : — 
ntTorce^rtafii ^ Superintendent in a union who has served continuously 
superintend- in the Same union for more than three years and who has 
fn super^in-"° "^ been employed at least twice as superintendent in said union, 
teudency each for a term of three years, shall not be removed except 

unions. ' m • 1 1 • • 

lor mefhciency, incapacity, conduct unbecoming a superin- 
tendent, insubordination or other good cause, nor without 
full compliance with the provisions of section forty-two, rela- 
tive to teachers and other superintendents, as to notice of 
intention to dismiss, specification of charges, hearing and 
substantiation of charges. 

Section 2. Notwithstanding the provisions of section 
one of this act, a superintendent of a superintendency union 
in office on its effective date shall not be entitled to the bene- 
fits thereof except after he has been re-employed in said 
office. Approved April IS, 1946. 



C}i(ii).224: An Act providing for the holding of biennial munici- 
pal elections in the city of attleboro in odd-num- 
bered YEARS and establishing THE DATE OF SAID 
ELECTIONS. 

Be it enacted, etc., as follotos: 

Section 1. Beginning with the year nineteen hundred 
and forty-nin(^, biennial municipal elections in the city of 
Attleboro for the choice of mayor, city clerk, city treasurer, 
city collector, eouncilmen at large and eouncilmen by wards 
shall be held on the first Tuesday 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-six, the 
mayor, city clerk, city treasurer, city collector and council- 
men shall bo elected for terms of three years each, and at 
each biennial municipal election thereafter shall ])e elected 
for terms of two years each. 

Section 3. At the biennial municipal election to be held 
in said city in the year nineteen hundred and forty-six, the 
members of the school committee to be elected thereat shall 
be elected to hold office until the qiiaUfication of their sue- 



Acts, 1945. —Chap. 225. 1^7 

oessors who shall be elected at the biennial municipal elec- 
tion hi the year nineteen hundred and fifty-one. I^he term 
of office of the members of the school committee elected in 
the year nineteen hundred and forty-four shall continue until 
the qualification of their successors who shall be elected at 
the biennial municipal election in the year nineteen hundred 
and forty-nine. Beginning with the biennial municipal elec- 
tion to be held in the year nineteen hundred and forty-nine, 
;ill members of the school committee shall be elected for 
terms of four years each. 

Section 4. No regular municipal election shall be held 
in said city in the year nineteen hundred and forty-seven or 
in the year nineteen hundred and forty-eight. 

Section 5. Such provisions of chapter six hundred and 
eighty of the acts of nineteen hundred and fourteen and of 
chapter three hundred and thirty-one of the acts of nine- 
teen hundred and twenty-seven, and acts in amendment 
thereof or in addition thereto, as are inconsistent with this 
act are hereby repealed. 

Section 6. This act shall be submitted to the registered 
voters of the city of Attleboro at the biennial state election 
in the year nineteen hundred and forty-six 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-five, entitled 'An Act providing for the 
holding of biennial municipal elections in the city of Attle- 
boro in odd-numbered years and establishing the date of 
said elections', be accepted?" If a majority of the votes in 
answer to said question is in the aflSrmative, then this act 
shall thereupon take full effect, but not otherwise. 

Approved April 18, 1945. 



An Act requiring the filinc^ of annual returns by Ch(ip.226 
corporations organized for the purpose of conduct- 
ing SCHOOLS of medicine. 

Be it enacted, etc., as follows: 

Section twenty-six A of chapter one hundred and eighty o. l. (Ter. 
of the General Laws, inserted therein by section one of chap- f 26A.^ltc., 
ter two hundred and thirty-six of the acts of nineteen hun- amended. 
dred and thirty-three, is hereby amended by inserting after 
the word "twenty-six" in the third and fourth lines the 
words: — , or for the purpose of conducting a school of 
medicine, - so as to read as follows: — Section 26 A. Every Corporations 
corporation heretofore or hereafter organized under general s°ho"is*^o?" 
or special law for any purpose mentioned in section twenty- aJe'annuai'^ 
six, or for the purpose of conducting a school of medicine, returns. ' 
shall annually, on or before November first, prepare and sub- 
rait to the state secretaiy a certificate which shall be signed 
and sworn to by its president and treasurer, or its presiding 
and financial officers having the powers of president and 



168 Acts, 1945. — Chaps. 220, 227. 

treasurer, and a majority of its directors, or officers havrng 
the powers of directors, stating ; - 

1. The name of the corporation. 

2. The location (with street address) of its principal office 
or headquarters. 

;i The date of its last preceding annual meeting. 

4. The imnie.s and addresses of all the officers and direc- 
tors, or officers having the powers of directors, of the cor- 
l)oration, and the date at which the term of ofhce of each 
expires. 

The slate secretary shall examine such certificate, and if 
he finds that it conforms to the requirements of this chapter 
he shall, upon payment of a fee of two dollars, file the same 
in his office. 

Failure by such a corporation for two successive years to 
submit such a certificate siiall be sufficient cause for the 
revocation of its charter by the state secretary. 

This section shall not appi}' to literary, benevolent, chari- 
table, scientific or religious corporations whose real or })er- 
sonal property is exempt from taxation. 

Approved April 18, 194o. 



(^hap.226 An Act relative to the conclusiveness of decrees 

FORECLOSING TAX TITLES. 

Be it enacied, etc., as follows: 

G L. (Tor. Section 1. Section sixty-nine of chapter sixty of tlie 

§69,' etc'., General Laws, as amended by section four of chapter two 
amended. hundred and twenty-four of the acts of nineteen hundred 

and thirty-five, is hereby further amended by adding at the 
Decree foro- cud the foUowuig sentcncc : — If no innocent purchaser for 
mie"^*'"' value has acquired an interest, such decree may be vacated 
in the discretion of the court upon petition filed by the peti- 
tioner at any time, 
o. L. (Ter. SECTION 2. Said chapter sixty is hereby further amended 

new §^69A, ^^Y inserting after section sixty-nine, as amended, the fol- 
added. ' lowiug soction : — Section 69 A. No petition to vacate a 
s^tute of decree of foreclosure entered under section sixty-nine and 
no proceeding at law or in equity for reversing or modifying 
such a decree shall be commenced by any person other than 
the petitioner except within one year after the final entry of 
the decree if the decree is entered on or after September first, 
nineteen hundred and forty-five or within one year after 
said date if the decree was entered prior to said date. 

Approved April 18, 1945. 



limitation. 



(Viap. 227 An Act relative to the release or discharge of per- 
sons COMMITTED TO THE MONSON STATE HOSPITAL. 

Be it enacted, etc., as follows: 
G. L. (Ter. Scctjon sixty-uiuc of chapter one hundred and twenty- 

.^rneAdef?' ^ *'**' t^^''*-<' *^* ^'^^ General Laws, as appearing in the Tercentenary 



Acts, 1945. — Chaps. 228, 229. 169 

Edition, is hereby amended by adding at the end the follow- 
ing sentence: — Any person subject to epilepsy, committed 
to the Monson state hospital in the manner pro\ided for 
t he commitment of dipsomaniacs and inebriates, may be de- 
tained in the hospital until such time as he is deemed by tlio 
superintendent to be suitable for release or discharge in ac- 
cordance witli the provisions of sections eighty-eight, eighty- 
nine, and ninety to ninety-three, inchisivp, — so as to read 
:is follows: — Section 69. A person who is subject to epi- Reieasi, <-i.-., 
lei')sy, if he is not a criminal, an inebriate, or violently in- committed to 
sane, ma.v, if insane, be committed to the Monson state ^0°^*^°" ^^^^^ 
hospital, in accordance with the provisions of this chapter 
relative to the commitment of other insane persons, or, if 
dangerous to himself or others by reason of epilepsy, may 
be committed thereto in the manner provided for the com- 
mitment of dipsomaniacs and inebriates. Any person sub- 
ject to epilepsy, coTiimitted to the Monson state hospital in 
the manner provided for the commitment of dipsomaniacs 
and inebriates, may be detained in the hospital imtil such 
time as he is deemed by the superintendent to be suitable 
for release or discharge' in accordance with the provisions 
of sections eighty-eight, eighty-nine, and ninety to ninety- 
three, inclusive. Approved April 18, 1945. 



A.v Act reducing the rate of interest allowed on Cliap.22H 

CERTAIN FUNDS UNDER THE RETIREMENT SYSTEM OF THE 
CITV of WORCESTER. 

Be it enacted, etc., as follows: 

Chapter four hundred and ten of the acts of nineteen 
hundred and twenty-three is hereby amended by striking 
out paragraph (k), as amended by chapter two hundred and 
eighty-one of the acts of nineteen hundred and thirty-nin<', 
and inserting in place thereof the following paragraph : — 

(k) "Regular interest" shall mean interest at three per 
centum per annum compounded annually. 

Approved April 18, 1945. 



An Act providing a penalty for breaking and enter- C},fij) 229 

ING A BUILDING, SHIP OR VESSEL WITH INTENT TO COMMIT 
A MISDEMEANOR. 

He it enacted, etc., as follows: 

Chapter two hundred and sixty-six of the General Laws g. l. (Xei. 
is hereby amended by inserting after section sixteen, as ne^wS^foA, 
amended, the following section: — Section WA. Whoever in added. 
the nighttime or daytime breaks and enters a building, ship hr^eTidng^ami 
or vessel with intent to commit a misdemeanor shall be entering with 
punished by a fine of not more than two Imndred dollars or commit^a 
by imprisonment for not more than six months, or both. niisdemoanor. 

Approved April 18, 1945. 



J 70 



Acts, 1945. — Chaps. 230, 231. 



(7/^//>.230 



G. L. (Tit. 
Kd.), 265. 
§ 13A, etc., 
amended. 



Suiiinioiis ill 
lieu of ii 
warrant in 
cases of 
assault, etc:. 



An Act to provide for the issuance of a summons in 

LIEU of a warrant IN CASES OF ASSAULT OR ASSAULT 
AND BATTERY. 

Be it enacted, etc., as follows: 

Section thirteen A of chapter two hundred and sixty-five 
of the General Laws, inserted by section one of chapter two 
hundred and fifty-nine of the acts of nineteen hundred and 
fortj'-three, is hereby amended by adding at the end the fol- 
lowing paragraph : — 

A summons may be issued instead of a warrant for tlie 
arrest of any person upon a complaint for a violation of anj^ 
provision of this section if in the judgment of the court or 
justice receiving the complaint there is reason to believe 
that he will appear upon a summons. 

Approved April 18, 1945. 



C/llin,2'Sl A^' ■^^'T RELATIVE TO THE FORM OF CERTAIN AFFIDAVITS 

UNDER THE ABSENT VOTING LAW. 

Be it enacted, etc., as follows: 

Section 1. The second paragraph of the first affidavit in 
subsection (c) of section eighty-seven of chapter fifty-four 
of the General Laws, as appearing in section two of chapter 
one hundred and sixty-two of the acts of nineteen hundred 
and thirty-seven, is hereb}' amended by inserting after the 
word "me" in the second line the words: — or identified to 
my satisfaction, — so as to read as follows: — 



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



Forui of 
affidavit 
under absent 
voting law. 



Subscribed and sworn to l^efore nie by the above affiant, i)er- 
sonally kno-wn to me or identified to my satisfaction, this 
da>' oi" , 19 , in the city or town of , state 

f)f , and I hereb}' certify that when I was alone ^vit.h 

the afliant he showed me the ballot herein enclosed, vmmarked, 
and tlien in my presence marked the same without my seeiiifi 
liow ho niarked it, after which he sealed said ballot in this envelope. 
I had no communication with the affiant as to how he was to A'ote. 



(Seal, if any 



Name 

Residence 

Official title or miHtar-\- or naval rank 



G. L. CJer. 
Ed.), 54, 
S 87, etc., 
further 
amended. 



Section 2. The second paragraph of the second affidavit 
in said subsection (c), as appearing in section two of chapter 
four hundred and four of the acts of nineteen hundred and 
thirty-six, is hereby amended by inserting after the word 
"me" ui the second line the words: — or identified to my 
satisfaction, • — so as to read as follows: — 



Same 
subject. 



Subscribed and sworn to before me by the above afliant, i)er- 
sonally known to me or identified to my sati.sf action, this 
day of ,19 , in the city {or town) of , and 

1 hereby certify that Avhen I was alone with the afliant he showed 
me the l)allot herein enclosed, unmarked, antl then in my presence 



Acts, 1945. — Chaps. 232, 231:;. 1 7 

marked the same without iny seeuiK how he marked it. after which 
he sealed said ballot in this eriA'elope. 1 had no commtinication 
with the athant as to how he was to \ote. 
Name 

Clerk of the city (or totnt) of (name of city or town). 

Approved April 18, 1945. 



An Act relative to the protection of the wood dick. (^jf^Qt) 232 

He it enacted, etc., as follows: 

( Jhapter one hundred and thirty-one of the General Laws g t>. (Ter. 
is hereby amended b}- inserting after section sixty-one, as new i^'iVa, 
appearing in section two of chapter five hundred and ninety- adrfea. 
nine of the acts of nineteen hundred and forty-one, the 
following section : — Section 61 A . There shall be no open ivnaity for 
season declared on wood duck and it shall be unlawful to wmlTduik. 
hunt wood duck at any time. Whoever violates this section 
shall be punished as provided in section fifty-three. 

Approved April 23, 1945. 



Ax Act relative to the regulation of outdoor adver- Qfiav 233 

TISING. 

lie it enacted, etc., as foUoivs: 

Chapter ninety-three of the General Laws is hereby g. l. (Ter. 
amended by striking out section thirty, as appearing in the §'36, amended. 
Tercentenary Edition, and inserting in place thereof the fol- 
lowing section: — Section 30. No person, firm, association Certuin bui- 
or corporation shall post, erect, display or maintain on any foThidden^.'^" 
public way or on private property within public view from 
any highway, public park or reservation any billboard or 
other advertising device, whether erected before August 
twenty-fifth, nineteen hundred and twent}^ or not, wliich 
advertises or calls attention to any business, article, sub- 
stance or any other thing, unless such billboard or device 
conforms to the rules and regulations and ordinances or by- 
laws established under section twenty-nine; provided, that 
this section shall not apply to signs or other de\'ices erected 
and maintained in conformity with law and which advertise 
or indicate either the person occupying the premis' s in ques- 
tion or the business transacted thereon, or advertise th(? 
jjroperty itself or any part thereof as for sale or to let and 
which contain no other advertising matter or which are 
maintained on land owned by a person, firm, association or 
corporation engaged in the outdoor advertising business if 
owned by the same person, firm, association or corporation 
on January first, nineteen hundred and twenty-five, and if 
billboards or other de\ices were maintained thereon prior to 
August twenty-fifth, nineteen hundred and twenty, and have 
been maintained thereon from that time until Januar^^ first, 
nineteen hundred and forty-five. 

Approved April S3, 1945. 



172 Acts, 1945. — Chaps. 234, 235. 



Chap.2S4 ^N -^CT A.UTH0KIZING the city of MARLBOROUGH TO AP- 
PROPRIATE MONEV FOR THE PAYMEIVT OF CERTAIN OVER- 
DRAFTS AND UNPAID BILLS AND TO PAY SAID BILLS. 

Be it enacted, etc., as follows; 

Section 1. The city of Marlborough is hereby author- 
ized to appropriate a sum not to exceed four thousand, one 
hundred and forty-eight dollars and seventeen cents for the 
payment of overdrafts in the accounts of the year nineteen 
hundred and forty-three, and also to appropriate a sum not 
to exceed three thousand and five dollars and two cents for 
tlie payjnent of, and to pay, such of the unpaid bills in- 
(iurred in the year nineteen hundred and forty-three, all as 
shown by a list filed with the director of accounts in the 
department of corporations and taxation, as are legally un- 
enforceable against said city by reason of its failui'e to com- 
ply with the provisions of its charter or by reason of the 
fact that no appropriation was available at the time of in- 
curring such bills. 

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 
l)erjury that the goods, materials or services for which such 
bill has been submitted were ordered b>' 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 thirty-three. 

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

Section 4. This act shall take effect upon its {)assage. 

Approved April £-(, 194-^i- 

^ '/////>. 235 An Act amendinc; the law kelative to the admission 

TO BAIL of persons CHAROED WITH CFRTAIN SEX CHIMES, 
SO CALLED. 

icniergency Wkeretts, llie prevalence of sex crimes, so called, requires 

iwain ,: ^j^^^ ^j^^ provlsioHS of this act which provide a means for 

curbing such crimes take effect without delay, therefore it 

is hereby declared to be an emergency law, nec^essary for 

the immediate preservation of the public safet^^ 

Be it enacted, etc., as follows: 

G L. (Ter. SectioH fifty-scven of chapter two hundred and seventy- 

§57,' etc..' six of the General Laws, as most recently amended by 
amended. (chapter three hundred and thirty of the acts of nineteen 



sex crimes. 



Acts, 1945. — Chap. 286. 178 

hundred and forty-three, is hereby further amended by 
striking out the second paragraph and inserting in place 
thereof the following paragraph: — 

Before the amount of bail of a prisoner charged with an Bail of 
offence punishable by imprisonment for more than one year charged with 
is fixed in court, the court shall obtain from its probation 
officer all available information relative to prior criminal 
prosecutions, if any, of the prisoner and the disposition of 
each of such prosecutions. If the offence with which such a 
prisoner is charged is a violation of any provision of sections 
twenty-two to twent}'-four, inclusive, of chapter two hun- 
dred and sixty-five or section thirty-four or thirty-five of 
chapter two hundred and seventy-two, and it appears from 
such information or otherwise that he had been previously 
prosecuted for a violation of any such provision, the court 
shall, before the amount of bail is fixed, obtain from the 
department of mental health a report containing all infor- 
mation in its possession relative to the prisoner, particularly 
with respect to any mental disease or defect with which ho 
may have been afflicted; and said department shall furnish 
any such report to the court promptly upon its request. 

Approved April 21+. 19/^5. 



Ax Act kelative to the compexsatiox of .ir-RORs. C7iap.236 

Whereas, The increase of compensation of jurors as pro- Emergency 
vided by this act should be paj^able without undue delay ''""*"*'"^®- 
in view of the increase in the cost of li\ang due to the exist- 
ence of the present state of war, therefore it is hereby de- 
clared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

lie it enacted, etc., as follows: 

Section 1. Section twenty-five of chapter two hundred g. l. (Ter. 
and sixty-two of the General Laws, as riiost recently amended f 25,'eu;^,' 
by chapter one hundred and forty-one of the acts of nine- =i'"e"dfi'i- 
teen hundred and thirty-four, is hereby further amended b}' 
striking out, in the third line, the word "six" and inserting 
in place thereof the word: — eight, — and by striking out, 
in the fourth line, the word "five" and inserting in place 
thereof the word: — six, — so as to read as follows: — Sec- jurors' 
tion 25. The compensation of traverse jurors impanelled to f^^^- «*<" 
trj' cases of murder in the first degree shall be eight dollars, 
and that of all other traverse jurors and of grand jurors six 
dollar?, for each day's service. All jurors shall receive for 
each day of actual attendance five cents a mile for travel 
out and home, but not for such time as the jury is held 
under restraint, by order of court, at the expense of the 
county. If the expense of a juror who attends court, neces- 
sarily and actually incurred for transportation out and home 
once in each day, exceeds the amount of the said allowance 
for travel, he shall be allowed the amount of such expense 
in lieu of the said travel allowance. If a grand or traverse 



174 



AcT8, 1945. 



Chap. 237. 



Piffective 
date. 



juror is required to be in attendance for five or more (con- 
secutive days he shall receive his fees not later than the end 
of ever}' hfth day of such attendance. 

Section 2. This act shall take effect on the first Monday 
of May in the current year. Approved April ^4, 1940. 



Chav.2S7 An Act to aid in computinc the len(;th of certain 

PERIODS UNDER THE LAWS RELATIVE TO PRIMARIES. 

Be it enacted, etc., as follows: 

Section 1. The second paragraph of section seven- 
teen A of chapter fifty-three of the General Laws, inserted 
by chapter three hundred and ninetj^-seven of the acts of 
nineteen hundred and thirty-eight, is hereby amended by 
striking out, in the first fine, the words "ten days" and in- 
serting in place thereof the words : — the tenth day, — so as 
to read as follows : — 

Said convention shall be held not later than the tenth day 
])rior to the time provided for the filing of nomination papers 
for said membership, and shall be held in the ward or town 
within the senatorial district which cast the highest vote at 
the preceding biennial state election for the political party 
candidate for governor. 

Section 2. Section twenty-one of said chapter fifty- 
three, as appearing in the Tercentenaiy Edition, is hereby 
amended by striking out, in the second line, the words "less 
than sixty days" and inserting in place thereof the words: 

— later than the sixtieth day, — so as to read as follows: — 
Section 21. Applications shall be filed with the state secre- 
tary not later than the sixtieth day before the election at 
which the questions are to be submitted. Not more than 
two questions under section nineteen shall be placed upon 
the ballot at one election, and they shall be submitted in the 
order in which the applications are filed. No question nega- 
tived and no question substantially the same shall be sub- 
mitted again in less than three years. 

Section 3. Section thirty-eight of said chapter fifty- 
three, as most recently amended by section fifteen of chap- 
ter three hundred and thirty-four of the acts of nineteen 
hundred and forty-three, is hereby further amended by 
striking out, in the fifth line, the words "of tliirty-one daj'S 
prior to a primary" and inserting in place thereof the words: 

— beginning with the thirty-first day prior to a primary and 
endmg witJi the day prior thereto, — so as to read as fol- 
lows : — Section S8. No voter enrolled under this or the 
preceding section shall be allowed to receive the ballot of 
any poHtical party except that with which he is so enrolled; 
but a voter may, except within a period beginning with the 
thirty-first dny prior to a i^iijuary and etiding with the day 
prior thereto, establish, change or cancel his enrolment by 
appearing in person before a member of the board of regis- 
trars of voters and requesting in writing to have his enrol- 



G. L. (Ter. 
Ed.). 53, 
§ 17A, etc., 
nriieiided. 



Dale for 

holding 

conventions. 



G. L. (Ter. 
Ed.). 53, § 21, 
amended. 



Questions of 
public policy, 
filing of 
applications. 



(;. L. {'IVr. 
Ed.), 53, 
§ 38, etc., 
amended. 



Time uHfhin 
which party 
enrolment 
may be 
chang«d. 



Acts, 1945. — Chap. 238. 175 

men I established with a party, changed to another party, 
or cancelled, and such enrolmeut, 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 lie receive more than one 
party ballot. 

Section 4. Section fifty-seven of said chapter fifty-three, o. l. n\r. 
as amended by chapter four hundred and ten of the acts of §''-,7,' ot!'.. 
nineteen hundred and thirty-seven, is hereby further amended '""emitii. 
by striking out, in the third line, the words "less than thirty 
days" and inserting in place thereof the words: — later than 
the thirtieth daj'", — so as to read as follows : — Section 57. Notico of 
Notices of intention to participate in primaries shall be fur- paA'^cipate" 
nished to the city or town clerk, not later than the thirtieth in primaries. 
day prior to the day on which the primaries are to be held, 
by the city and town committees of such political and 
municipal parties as are entitled to and desire to participate 
therein. Approved April 21^, 1945. 



An Act relative to the distributive share of the ('h(ip.2'4'S 

ESTATE OF A DECEASED PERSON TO WHICH A SURVIVING 
HUSBAND OR WIFE IS ENTITLED WHERE THERE ARE KIN- 
DRED AND NO ISSUE. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hmidred and (j. t,. (icr. 
ninety of the General Laws, as appearing in the Tercen- ■iniende!t "" ' 
tenar>' Edition, is hereby amended by striking out, in the 
eighth line, the tenth line, the twelfth line and the twenty- 
fifth line the word "five" and inserting in place thereof, in 
each instance, the word: — ten, — so that paragraph (1) 
will read as follows : — 

(1) If the deceased leaves kindred and no issue, and it siian; uf 
appears on determination by the probate court, as herein- husband" 
after provided, that the whole estate does not exceed ten "■■ ^'f'' 
thousand dollars in value, the surviving husband or wife 
shall take the whole thereof; otherwise such survivor shall 
take ten thousand dollars and one half of the remauiing 
personal and one half of the remaining real property. If the 
personal property is insufficient to pay said ten thousand 
dollars, the deficiency shall, upon the petition of any party 
in interest, be paid from the sale or mortgage, in the manner 
provided for the payment of debts or legacies, of any interest 
of the deceased in real property which he could have con- 



176 Acts, 1945. — Chap. 289. 

veyed at the time of his death; and the surviving husband 
or wife shall be permitted, subject to the approval of the 
court, to purchase at any such sale, notwithstanding the 
fact that he or she is the administrator of the estate of the 
deceased, person. A further sale or mortgage of any real 
estate of the deceased may later be made to provide for any 
deficiency still remaining. Whenever it shall appear, upon 
petition to the probate court of any party in interest, and 
after such notice as the court shall order, and after a hearing 
thereon, that the whole amount of the estate of the deceased, 
as found by the inventory and upon such other evidence as 
the court shall deem necessary, does not exceed the sum of 
ten thousand dollars over and above the amount necessary 
to pay the debts and charges of administration, the court 
shall itself by decree determine the value of said estate, 
which decree shall be binding upon all parties. If additional 
property is later discovered, the right or title to the estate 
covered by such decree shall not be affected thereby, but 
the court inay make such further orders and decrees as are 
necessary to effect the distribution herein provided for. 
Effective SECTION 2. This act shall apply only in case of estates 

of persons dying on or after August first of the current year. 

Approved April 24, 1945. 



ChciV 239 ^^ ^^'^ RELATIVE TO THE CONSENT OF PARENTS AND OTHERS 

TO THE ADOPTION OF CHILDREN. 

Be it enacted, etc., as follows: 

G. L. (Tf-r. Section three of chapter two hundred and ten of the 

is.etc^' General Laws, as amended by chapter sixty-one of the acts 
amended. ^f nineteen hinidred and forty-one, is hereby further amended 

by striking out, in th(> second line, the words "the preceding 
section" and inserting in place thereof the words : — section 
two, — and by striking out, in the tenth line, the word 
"and" the first time it appears therein and inserting in 
place thereof the word: — or, — so as to read as follows: — 
c:onseiit of Section S. The consent of the persons named in section two, 
m certain'' ' Other thaii the child or lier husband, if any, shall not be re- 
cfsOT*'°" quired if the person to be adopted is of full age, nor shall 

the consent of any sucli person other than the child be re- 
quired if such person is adjudged by the court hearing the 
petition to be hopelessly insane, or is imprisoned in anj- 
jienal institution in this commonwealth under sentence for 
ii term of which more than three years remain unexpired 
at the date of the petition; or if he has wilfully deserted or 
neglected to provide proper care and maintenance for such 
child for one year last preceding the date of the petition; or 
if he has suffered such child to be supported for more than 
one year continuously prior to the petition by an incorpo- 
rated charitable institution or bj' a town or by the com- 
monwealth; or if he has been sentenced to imprisonment for 
(irunkenness upon a third conviction within one year and 



Acts, 1945. — Chap. 240. 177 

neglects to provide proper care and maintenance tor such 
child; or if such person has been convicted of being a. com- 
mon night walker or a lewd, wanton and lascivious person, 
and neglects to provide proper care and maintenance for 
such child. A giving up in writing of a child, for the purpose 
of adoption, to an incorporated charitable institution shall 
operate as a consent to any adoption subsequent!}^ approved 
by such institution. Notice of the petition shall be given 
to the department of public welfare, if the child is supported 
by a town or by the commonwealth, and if the child is 
supported by a town, notice shall also be given to the board 
of public welfare thereof, and in Boston said notice shall be 
given both to the overseers of the public welfare in the city 
of Boston and to the institutions department. 

Approved April 24, 1945. 



An Act making records relating to all public assist- CJKijt.'lM) 

ANCE confidential, PROHIBITING MISUSE OF SUCH REC- 
ORDS AND CREATING A PENALTY FOR SUCH MISTtse. 

He it enacted, etc., as follows: 

Section 1. Section seventeen A of chapter sixty-six of ^jV-^J*'''- 
the General Laws, as most recently amended by chapter one §'i7a. etc., 
himdred and sixty-nine of the acts of nineteen hundred and '^™*'"''*'''- 
forty-three, is hereby further amended by striking out, in 
the fourth line, the words "old age assistance and to aid to 
dependent children" and inserting in place thereof the words: 
— all public assistance, — so as to read as follows : — Section inspection 
17 A. The records of the department of public welfare and reo'^dr" 
of the several city and town welfare departments and bu- 'pstrictj.i. 
reaus of old age assistance relative to all public assistance, 
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 repre- 
sentatives of the federal government, foi- 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 applicant for public 
assistance or a recipient thereof may be disclosed to him or 
his duly authorized agent. 

Section 2. Chapter one hundred and twenty-one of the g. l. (Tcr. 
General Laws is hereby amended by striking out section § 4a', etc.'. 
four A, inserted by section three of chapter six hundred and ^"lenfiwi 
thirty of the acts of nineteen hundred and forty-one, and 
inserting in place thereof the following section: — Section oida^e 
4A. The department shall have power to establish and en- records!'^*' 
force reasonable rules and regulations governing the custody, rlgutated"" 
use and preservation of the records, papers, files and com- 
munications of the department and of city and town welfare 
departments and bureaus of old age assistance, relating to 
all public assistance. No other department, bureau or agency 



178 



Acts, 1945. — Chap. 241. 



G. L. (Ter. 
Ed.), 271, 
I 43, ptc, 

:iiMcll(lorl. 



Illegal use 
of certain 
records, 
penalty. 



of the commonwealth or of any pohtical subdivision thereof, 
which, under any provi.sion of law, is furnished with the 
names of recipients of public assistance, shall permit the pub- 
lication of lists of such names or make use thereof for pur- 
poses not directly connected with the administration of 
such assistance. 

Section 8. Section forty-three of chapter two hundred 
and seventy-one of the General Laws, inserted by section 
four of said chapter six hundred and thirty, is hereby amended 
by inserting before the word "old", in the thirteenth line, the 
words: — general public assistance, — so as to read as fol- 
lows: — Section 4S- Any person who, except for purposes 
directly connected with the administration of general public 
assistance, old age assistance, aid to the blind, or aid to de- 
pendent children, and in accordance withthe rules and regu- 
lations of the department of public welfare made under 
authority of section four A of chapter one hundred and 
twenty-one, or of the department of education made under 
authority of section twenty-six A of chapter sixty-nine, as 
the case may be, shall solicit, disclose, receive, make use of, 
or authorize, knowingly permit, participate in, or acquiesce 
in the use of, any list of, or names of, or any information 
concerning, persons applying for or receiving general public 
assistance, old age assistance, aid to dependent children or 
aid to tJie blind, directly or indirectly derived from the rec- 
ords, papers, files or communications of the department of 
public welfare, any city or town welfare department or bu- 
reau of old age assistance, or the department of education, 
as the case maj^ be, or acquired in the course of the perform- 
ance of official duties, shall be i)unished by a fine of not 
more than one hundred dollars. Approved April 24, 1945. 



('hav.241 An Act authorizing the making of rules and regula- 
tions RELATIVE TO THE ISSUE AND DISPLAY OF WINDSHIELD 
STICKERS, SO CALLED, ON MOTOR VEHICLES, AS EVIDENCE 
OF THEIR BEING PROPERLY EQUIPPED, AND RELATIVE TO 
THE CONSTRUCTION AND EQUIPMENT OF SCHOOL BUSES. 

Be it enacted, etc., as follows: 

Section 1. C'hapter ninety of the General Laws is 
7ii, hereby amended by striking out section seven A, as most 
'"'• recently amended by section two of chapter two hundred 
1 and seventy-one of the acts of nineteen hundred and thirty- 
two, and section seven B, inserted by section three of said 
chapter two hundred and seventy-one, and inserting in 
place thereof the three following sections: — Section 7 A. 
The registrar shall include in the rules and regulations pre- 
pared by him under section thirt5'--one, rules and regulations 
providing for the periodic inspection of all motor vehicles 
and trailers, for the purpose of determining whether they 
are provided with the following equipment maintained in 
good order, to wit: brakes, lights, horn, muffler, steering 



G. L. (Ter. 
Kd.), 90, 
§§ 7A and 
etc., anien( 
and new 
§ 7C, adde 



Periodic 
inspection 
of motor 
vehicles. 



AOTs, 1945. — Chap. 241. 179 

g:ear, wiudsliiekl cleaner and iimuber plates, and also rules 
and regulations in respect to school buses, providing, in 
addition to the pei'iodic inspections hereinbefore referred to, 
for the inspection of those not subject to the jurisdiction of 
the department of public utilities, during the first week of 
the months of January, March, May, September and Novem- 
ber in each year. Such rules and regulations may provide 
for the issuance of a windshield sticker, so called, to the 
owner or person in control of every motor veiiicle so inspected 
and found to be properly equipped and for the display of 
such sticker on the windshield of each vehicle so inspected 
and found to be properly equipped. 

Section 7B. No person shall operate any school bus, and l^/t'" o^era"*'' 
the owner or custodian of a school bus shall not permit the tion of srhooi 
same to be operated upon or to remain upon any way, imless ""'*'''■ 
the following requirements are complied with: (1) Tiie 
words "SCHOOL BUS" shall be painted on the front and 
rear of each such vehicle in black letters of not less than six 
inches in height and in strokes of not less than three quarters 
inch in width on a white or yellow background, or shall be 
painted upon signs attached to the front and rear of each 
vehicle; (2) Each school bus shall contain adequate seating 
accommodations for each passenger transported therein, pro- 
vided that any such bus in which adequate straps, handles or 
other supports are available for standing passengers may 
carry not exceeding twenty-five per cent more passengers 
than those for whom adequate seating accommodations are 
provided; (3) All doors shall be kept closed while the bus 
is in motion; (4) Each school bus shall be operated by a 
person twenty-one years of age or over who is licensed under 
this chapter; (5) No fueling shall take place while any 
school bus is occupied by passengers. 

Section 7C. The registrar, after a public hearing and s<-hooi busos, 
with the approval of the commissioner and associate com- construoti,,Ii 
missioners of public works, may make, alter, rescind or add "^' '"'' ■ 
to rules and regulations establishing minimum standards 
for construction and equipment of school buses. A viola- 
tion of any rule or regulation made under this section shall 
be punished in the same manner as a violation of a rule or 
regulation made under section thirty-one. 

Section 2. Section six of chapter sixteen of the General li^.l' {jr'"''- 
Laws, as most recently amended by section two of chapter §'o', et'',' 
three hundred and ninety-three of the acts of nineteen htm- ^"""•''•"' 
dred and thirty-nine, is hereby further amended bj' striking 
out, in the second line, the word "section" and inserting in 
place thereof the words: — sections seven A and, — so as 
to read as follows: — Section 6. Except as otherwise pro- Rules and 
vided by sections seven A and thirty-one of chapter ninety '■*'^" "*'""'*• 
and section sixty of chapter one hundred and forty, all rules 
and regulations within the jurisdiction of the department 
shall be drafted by the commissioner and associate com- 
missioners and shall take effect when approved by them, 
and at such time as they shall designate. Said commis- 



180 



Acts, 1945. — Chap. 242. 



Effectivp 
date. 



sioiier and associate commissioners shall also have power to 
make all needful rules and regulations for carrying out the 
provisions of law relating to the department. 

Section 3. The provisions of this act, except those au- 
thorizing the making of rules and regulations relative to 
windshield stickers, so called, and the making of rules and 
regulations establishing minimum standards for construction 
and equipment of school buses and except the provisions of 
section two, shall take effect when the rules and regulations 
establishing such mininmm standards become effective; pro- 
vided, that the provisions of chapter ninety of the General 
Laws and of the rules and regulations prepared under section 
thirty-one of said chapter relative to the construction and 
equipment of school buses which are in effect immediately 
prior to the date when rules and regulations relative to such 
construction and equipment established under authority of 
this act become effective shall continue to apply in respect 
to school buses operated as such pr^or to said effective date. 

Approved April 24, 1945. 



G. L. (Ter. 
Ed.), 4. 
§ 7, etc, 
amended. 



" Fiscal yt 
defined. 



(Jhap.242 An Act .making changes in the laws relative to state 

FINANCE WHICH HAVE BECOME NECESSARY OR ADVISABLE 
BY REASON OF THE AMENDMENT TO THE CONSTITUTION 
PROVIDING FOR ANNUAL SESSIONS OF THE ({ENTERAL COURT 
AND FOR AN ANNUAL BUDGET. 

Be it enacted, etc., as follows: 

Section 1. Section seven of chapter four of the General 
Laws is hereby amended by striking out clause Ninth, as 
most recently amended by section one of chapter five hun- 
dred and nine of the acts of nineteen himdred and forty-one, 
and inserting in place thereof the following clause: — 

Ninth, "Fiscal year", when used with reference to any of 
the offices, departments, boards, commissions, institutions 
or undertakings of the commonwealth, except the metropoli- 
tan district commission and the metropolitan district water 
suppl}^ commission, established by section one of chapter 
three hundred and seventy-five of the acts of nineteen hun- 
dred and twenty-six, shall mean the year beginning with 
July first and ending with the following June thirtieth and, 
when used with reference to said commissions, shall mean 
the year beginning with December first and ending with the 
following November thirtieth. 

Section 2. Section one of chapter twenty-nine of the 
General Laws, as most recently amended by section two of 
said cluipter five hundred and nine, is hereby further amended 
by striking out the paragraph amended by said section two. 

Section 3. Section three of said chapter twenty-nine, as 
amended by section two of chapter five hundred and two of 
the acts of nineteen hundred and thirty-nine, is hereby fur- 
ther amended by striking out, in the fifth line, the words 
"in each even-numbered year" and inserting in place thereof 



G. L. (Ter. 
Ed.), 29, 
§ 1, etc., 
iiiiiendfd. 



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



Acts, 1945. — Chap. 242. 181 

the word: — amiually, — b}^ striking out, in the ninth and 
tenth hnes, the words "each of the two next ensuing fiscal 
years" and inserting in place thereof the words: — the en- 
suing fiscal year, — and also by striking out, in the seven- 
teenth and eighteenth lines, the words "each of the next 
two ensuing fiscal years" and inserting in place thereof the 
words : — the ensuing fiscal year, — so as to read as fol- 
lows: — Section 3. Ever}^ officer having charge of any office, Estimates 
department or undertaking which receives a periodic appro- rerfuTred^for 
priation from the commonwealth, including periodic appro- maintenance 
priations to be met by assessments, shall, annually, on or departments, 
before September fifteenth, submit to the budget commis- ''*''■ 
sioner statements showing in detail the amounts appropri- 
ated for the preceding and the current fiscal years, and esti- 
mates of the amounts required for ordinary maintenance for 
the ensuing fiscal year, with an explanation of any increased 
appropriations recommended, and with citations of the stat- 
utes relating thereto, and statements showing in detail the 
revenue of the ofiice, department or undertaking in his 
charge for the last completed fiscal j^ear, and the revenue 
and estimated revenue thereof for the current fiscal year, 
and his estimate of the revenue from the same or any addi- 
tional sources for the ensuing fiscal year, with his recom- 
mendation as to any changes in the management, practices, 
rules, regulations or laws governing the office, department 
or undertaking in his charge which would efTect an increase 
or cause a decrease in revenue from operations, fees, taxes 
or other sources, or which w^ould facilitate its collection, to- 
gether with any other information required at any time by 
the budget commissioner. The said estimates shall not in- 
clude any estimate for any new or special purposes or objects 
not authorized by statute. 

Section 4. Section four of said chapter twenty-nine, as g. l. (Ter. 
amended by section three of said chapter five hundred and ffc'^'amendt'd. 
two, is hei-eby further amended by striking out, in the sixth 
and seventh lines, the words "the preceding section shall, 
in each even-numbered year" and inserting in place thereof 
the words: — section three shall, annually, — -so as to read 
as follows: — Section 4- Officers and heads of departments Estimates 
who, in their annual reports or otherwise, recommend or p°il^posM. 
petition for the expenditure of money by the commonwealth 
from an}^ source of revenue, including expenditures to be met 
by assessments or the issue of notes or bonds, for any pur- 
pose not covered by the estimates required to be submitted 
under section three shall, annually, on or before September 
fifteenth, submit detailed estimates thereof to the budget 
commissioner, together with any other information required 
by him. 

Section 5. Said chapter twenty-nine is hereby fur- g. l. (Ter. 
ther amended by striking out section five, as most recently ftc!!'am4nded. 
ainended by section two of chapter six hundred and fifty- 
six of the acts of nineteen hundred and forty-one, and in- 
serting in place thereof the following section : — Section 5. ftatemLnts 



182 Acts, 1945. — Chap. 242. 

to be filed (1) The comptroller shall annually, on or before August fif- 
rom.uissiomr teenth, submit to the budget commissioner statements set- 
by comptroiiei. ^jj^g f^j.^^-^ ^^le following facts and figures for all state pur- 
poses, except those of the metropolitan district commission, 
and the metropolitan district water supply commission es- 
tablished b}' section one of cliapter three hundred and sev- 
enty-five of the acts of nineteen hundred and twenty-six: — 
(fl) Tile expenditures for llie preceding fiscal year, item- 
ized separately' so as to show expenditures made from grants 
from the United States, trust funds and sources other than 
state reveime. 

(b) The appropriations for the precedhig fiscal 3'ear. 

(c) The actual revenue for the three preceding fiscal years, 
itemized so as to show the sources from which received. 

(d) The condition of the cash on hand, itemized separately 
so as to show cash derived from special revenue not avail- 
able for general state purposes, cash held to meet authori- 
zations and obligations previously made and incurred, and 
cash which is unencumbered and available for appropriation. 

(e) The condition of the state debt. 

(/) An itemized statement showing the disposition of any 
funds appropriated to meet emergenc}' or unforeseen con- 
ditions. 

(2) The statements submitted shall also set forth the esti- 
mates for the current and ensuing fiscal years of all expendi- 
tures for payment of claims and all other expenditures author- 
ized by law and not required to be filed under section three. 

(3) The comptroller sliall annually, on or before Decem- 
ber twenty-sixth, submit to the budget connnissioner the 
statements required by paragraphs (1) (a) to (1) (e), inclu- 
sive, of this section, relative to the metropolitan district 
commission and the metropolitan district water supply com- 
mission. Wherever in any of said paragraphs information 
in connection with either of said commissions is requirtid for 
a fiscal .year, it shall be given for the fiscal year of said com- 
mission. The comptroller shall also, annually on or before 
December twenty-sixth, submit to said commissioner the 
estimates for the current fiscal year of said commissions of 
all expenditures for payment of claims and all other expendi- 
tures of said commissions authorized by law and not required 
to be filed under section three. 

(■;. L (icr. Section 6. Section five A of said chapter twenty-nine, as 

ctc;!';umn.i'«'.L uiost recently amended by section five of chapter five hun- 
dred and two of the acts of nineteen hundred and thirty- 
nine, is hereby fiirther amended by striking out, in the third 
line, the words "in each even-mmibered year" and inserting 
in place thereof the word: — annually, — so as to read as 
Annual lure follows : — Sectio'ii 5 A. Eacli department, office and com- 
abie\nnua°' uiissiou respousible for any great amomit of physical prop- 
TxpSm"". <'i*ty shall annually submit with its budget estimates fore- 
casts of probable annual construction expenditures for such 
period of years as shall be appropriate for such departinent, 
f)ffic(> or commission. Sucli forecasts shall be itemized, and 



Acts, 1945. — Chap. 242. 188 

items shall be classified for each year under one of three fol- 
lowing classes: "necessary", "desirable" or "contingent". 
The first class shall include work that is a part of a fixed 
and continuing program or is imavoidably necessarv'. The 
second class shall include items of work advantageously pro- 
vided for at that time, but which might be postponed or 
possibly advanced. The third class shall include work de- 
pendent upon some other developments which cannot be 
definitely predetermined. Such forecasts may be modified 
from time to time to conform to changing conditions. The 
budget commissioner may from tiine to time fix or change 
the form of the forecasts, the classification of the items con- 
tained therein or the period of years to be covered thereby. 

Section 7. Said chapter twenty-nine is hereby further G.L.(Ter. 
lunended by striking out section six, as most recently etc!, 'amended, 
amended by section three of chaf)ter six hundred nnd fifty- 
six of the acts of nineteen hundred and forty-one, and in- 
serting in place thereof the following section: — Section 6. Budget. 
The budget commissioner shall study and review all esti- 
mates and requests for appropriations and other author- 
izations for expenditures of state funds filed with him as 
provided by sections three and four, and shall make such 
investigations as will enable him to prepare a budget for the 
governor, setting forth such recommendations as the gover- 
nor shall determine upon. The governor may call upon the 
comptroller for information relative to finances and for as- 
sistance in the preparation of the budget. The budget shall 
be submitted by the governor to the general court annually 
within three weeks after the general court convenes in regu- 
lar session, and it shall embody all estimates, requests and 
recommendations for appropriations or other authorizations 
for expenditures by the commonwealth. The budget shall 
be classified and designated so as to show separately esti- 
mates and recommendations for: (a) expenses of adminis- 
tration, operation and maintenance; (6) deficiencies or 
overdrafts in appropriations of former years; (c) new con- 
stiTiction, additions, improvements and other capital outlay; 
(d) interest on the public debt and sinking fund and serial 
bond requirements; and (e) all requests and proposals for 
expenditures for new projects and other undertakings; and 
shall include in detail definite reconnnendations of the gov- 
ernor relative to the amounts which should be appropriated 
therefor. The budget shall include a sum, equal at least to 
the total amount received by the division of fisheries and 
game of the department of conservation, during the latest 
fiscal yeai- for which complete data are available, from license 
and other fees and fines under the laws relating to game and 
inland fisheries, and also a sum equal to one half of the 
amount necessary for payment for personal services and 
olher expenses for or on account of the enforcement of said 
laws; and said stuns shall be appropriated for the general 
purposes of said division of fisheries and game. Tlie budget 
shall also include definite recommendations of the governor 



184 



Acts, 1945. — Chap. 242. 



G. L. ClVr. 
Ed.), 2!). § !tA, 
fXc, juiioiidoil. 



Mef ropulitaii 
district 
commission, 
budget. 



G. L. Ci'er. 
Ed.), 20, § 10, 



eU: 



■ikIc.I. 



Coanniission 
njay oontinur 
ftxponditurfts 
:it rate of 

pift-vdiiij; yi-:i 



for tiiuiiicLug the expenditures recojumendf^d, aud the rela^ 
tive amoiuits to bo raised from ordinary revenue, direct 
taxes or loans. All appropriations based upon the budget 
to be paid from taxes or revenue shall be incorporated in a 
single bill to be designated the general appropriation bill. 
With the budget the governor shall submit to the general 
court such messages, statements or supplemental data rela- 
tive thereto as he deems expedient, and from time to time 
during the session of the general court he maj^ submit sup- 
plemental messages on reconnnendations relative to appro- 
priations, revenues and loans. 

Section 8. Section nine A of said chapter twentj'-nine. 
as most recently amended by section four of said chapter 
six hundred and fifty-six, is hereby further anu^nded by 
striking out, in the third and fourth lines, th(^ words "for 
the first fiscal 3''ear of its biennium", — and also by striking 
out the second sentence, — so as to read as follows: — Sec- 
tion 9A. The metropolitan district commission shnll include 
in its budget estimates for each of the functions under its 
control, an item covering tiie amounts contributed by the 
conunonwealth as pensions under sections one to five A, 
inchisive, of cJiapter thirty-two during its preceding fiscal 
year on account of the death or retirement of employees, 
officers and officials formerly employed in the performance 
of such fuiM^tion, including, in the case of those whose serv- 
ices cannot be entirely allocated to any one function, those 
pai'is of such amounts properly allocable to such fvmction 
and also including as employed in the performance of its 
water function those employed by the metropolitan district 
water supply coinniission.. The amount of such item, as 
api)ropriated by the general court, shall be assessed upon 
(h(> proper district as a })art of the cost of maintenance of 
such i'unction; provided, that, in the case of employees, 
officers and officials formerl}^ employed in tlie performance 
of its boulevard functions, only one half the amounts con- 
tiibuted b}' the commonwealth as pensions as aforesaid 
shall be so included and assessed. After an appropriation 
lias been made covering each such item, the amount thereof 
shall be approved for payment by the metropolitan district 
commission as a part of the cost of maintenance of the 
function for which the estimates were made and shall be 
credited to the general revenue of the commonwealth. 

Section 9. Section ten of said chapter twenty-nine, as 
most recently amended by section five of said chapter six 
hundred and fifty-six, is hereby further amended by striking 
out, in the third line, the words "the first fiscal year of its 
biennium" and inserting in place thereof tiie words: — each 
fiscal year, — and also by striking out, in the fourth line, 
the word "thereof", — so as to read as ioWovJs: — Section 
W. The metropolitan (Ustrict conunission may continue ex- 
penditures in each tLscal \ear at the rate authorized by .up- 
propriations for the preceding fiscal year, until the general 
court makes an appropriation therefor or provides otherwiiie. 



Acts, 1945. --Chap. 242. 185 

Section 10. Section eleven of said chapter iwe.Qty=riiiie, «. l. a>r. 
;i.s most recently arapnded by .section sLx of snid chapter six pf,;, rop^iffi:' 
Ijundred and fifty-six, is hereby repoalod. 

Sectiox 11. Said chapter twentj^-nine is hereby fwtlier g. l. (Ter. 
amended b.y striking out section twelve, as amended by etf!,'aineiiripd'. 
section ten of chapter five hundred and two of tlie acts of 
nineteen hundred and thirty-nine, and inserting in place 
thereof the following section: — Section 12. Unless other- Appioprhiiions 
wise specifically provided therein, ap|)ropriations by the gen- foi 'iis("ryV.ir. 
eral court for ordinarj^ maintenance of the several offices, 
departments, boards, connnissions, institutions and under- 
takings of the commonwealth shall be made for the fiscal 
year established for them, respectively, by clause Ninth of 
section seven of chapter four. 

Section 12. Said chapter twenty-nine is h(ireby further ci. l. (T.-r. 
amended by striking out section fourteen, as nmended by '^i''"^' "*'' ^^V 
section eleven of said chapter five hundred and two, and 
inserting in place thereof the following section : — ,S'ecf?'o/t Appiiciition of 
/4- An appropriation for any purpose other than ordinary ro'suht"? "'"" 
maintenance shall not be available for more than two years 
after the effective date of the appropriation, except that 
payments to fulfill contracts and other obligations entered 
into within the said two j^ears may be made thereafter. 

Section 13. Section twenty-six of said chapter twenty- q. i.. (lei;. 
nine, as most recently amended by section eight of ciiapter H,'.;)'afnfiuk.Il'. 
six hundred and fifty-six of the acts of nineteen hundred 
and forty-one, is liereby fiuther amended b}^ striking out, 
in the eleventh and twelfth lines, the words "each fiscal year 
ending in an even-numbered" and inserting in place thereof 
the words: — the fiscal,- — so as to read as follows: — Sec- Expenses not 
Hon 26. Expenses of offices and departments for compen- Ippr''opriifions. 
sation of officers, members and employees and for otiu;r 
]jurposes shall not exceed the appropriations made therefor 
b\' the general court. No obligation incurred by any officer 
01- servant of the conmionweaUh for any piu'i)ose in excess 
of the appropriation for such })ui'pose for the office, depart- 
ment or institution which he represents, shall impose any 
liability upon the connnon wealth. If expenditures are made 
in excess of appropriations, the officer having charge of such 
<ixpenditures shall, within fifteen days Ibllowing the close of 
the fiscal year, report to the comptroller the details thereof 
with the reasons therefor, and he shall make a special report 
of the same to the general court earl}^ in its next regular 
session. 

Section 14. Said chai)ter twenty-nine is hereby further g. r>. (Ter.^ 
amended by striking out section fifty, as most recently offVamfmiod. 
amended by section ten of said chapter six hundred and 
fifty-six, and inserthig in place thereof the following section : 
— Section 50. The state treasurer shall annually in Decem- Amount to be 
her certify to the budget comriiissioner the amount necessar\^ statellfx'" 
to be included in the state tax for the fiscal year beginning on 
July first following, to provide for serial payments of any 
bonds or .scnp of tiie connnonwealth, and each such amount 



186 Acts, 1945. — Chap. 243. 

shall be included in thp state tax for the year for which it i/s 
so certified. 
G. L. iTiir Section 15. Section forty-two of chapter one hundred 

etc!, 'amended^' 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, is liereb}^ amended by 
striiving out, in the eighth line, the word "biennial", — so 
I'ropiiK.'itiou that the last sentence will read as follows: — i'he commis- 
,'ippropSon sioner, in his i)udgel estimates, filed pursuant to section 
ie(i.ie,sts for. (Iireeof chaptrr twenty-nine, shall include a statement of 
appropriation or appropriations recommended by him for 
the purpose of carrying this section into effect. 
G L. (Tor. Section 16. Section forty-three of said chapter one 

etc!, 'amended.' hundred and tliirty, as so appearing, is hereby amended by 
striking out, in the thirty-ninth hue, the word "biennial", — 
s,Tn,.sui.jp.( so that the last sentence will read as follows: — The com- 
missioner in his budget estimates, filed pursuant to section 
thcee of chapter twenty-nine, shall include a statement of 
appropriation or appropriations recommended by him for 
(he purpose of carrying this section into effect. 

Approved April 24, 1946. 



('Jl(ll). 24'S ^^' ^^'^ RELATIVE TO APPEALS FROM DECISIONS MADE IN THE 
ADMINISTRATION OF THE BriLDIVO OKOINANCES OF THE 
CITY OF SPRINGFIELD. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter three himdred and forty-nine of the 
acts of nineteen hundred and ten is hereby amended b}' 
striking out section two and inserting in place thereof the 
following section : — Section 2. The city council shall as a 
part of said building department create a board of appeal, 
consisting of not more than five nor less than three members, 
to be appointed by the mayor and confirmed by the board of 
aldermen. The city council may prescribe by ordinance the 
qualifications, terms of office and compensation of the mem- 
bers of said board. No member of such board of appeal 
shall act in a case in which he has a personal interest, and 
when a member is so dis(}ualified, or absent, the remaining 
members shall designate a substitute. 

Section 2. (a) A person whose application for a permit 
under the building ordinances of the city of Springfield has 
been refused by the building commissioner of said city may 
appeal to the board of appeal established under the provi- 
sions of chapter three hundred and forty-nine of the acts of 
nineteen hundred and ten, ;is amended by section one of this 
act, within thirty days after receipt of written notice of 
such refusal. A person who has been ordered by said com- 
missioner to incur expense may so appeal within tliirty days 
from the date of such order, except that,, in case of a building 
or structiu'e which, in tlie opinion of the commissioner, is 
unsafe or dangerous, the commissioner may in his order 
limit the time tor such appeal to a shorter period. A person 



Acts, 1945. — Chap. 243. 187 

aggrieved by an adverse interpretation of the building ordi- 
nances of said city and a disallowance by the commissioner 
of proposed construction thereunder ma}' so appeal from 
such disallowance witliin tliirty days after the date thereof. 
Appeals hereunder shall be on forms provided by said com- 
missioner and shall be accompanied by such fee as may be 
established by the commissioner, with the approval of the 
mayor. The said commissioner may refer without fee to 
the said board of appeal for its decision such cases as, in his 
oi)inion, justice requires. 

(6) The said board of appeal, when so appealed to and 
after due notice and a hearing, may vary the application of 
any provision of the said building ordinances to any particu- 
lar case where in its opinion the enforcement thereof would 
do manifest injustice, provided that the decision of the board 
shall not conliict with the spirit of any provision of said 
building ordinances. 

(c) Every decision of said board shall be in writing, shall 
indicate the vote of each member upon the decision, and if 
it is to vary the application of any provision of said building 
ordinance or modify an order of the commissioner, shall re- 
quire the unanimous assent of the board if composed of 
four or less than four members and the assent of at least 
four members if the board is composed of five members. 
Every decision shall be promptly filed in the office of said 
commissioner, and shall be open to public inspection; a cer- 
tified copy shall be sent by mail or otherwise to the appel- 
lant, and a copy shall be kept publicly posted in the office 
of said commissioner for two weeks after filing. 

(d) A decision of said board to vary the application of 
any provision of said building ordinances, or to modify an 
order of the said commissioner, shall specify in what man- 
ner such variation or modification is made, the conditions 
upon which it is made, and the reasons therefor. 

(e) Said board shall in every case reach a decision with- 
out unreasonable or unnecessary delay. 

(/) If the refusal, order or disallowance of the said com- 
missioner is reversed or modified, or the application of any 
provision of said building ordinances is varied b}' a decision 
of said board, the said commissioner shall immediately take 
action in accordance with such decision; but no decision of 
said board shall be regarded as establishing a precedent or 
be held to amend said building ordinances or the said com- 
missioner's interpretation thereof. 

ig) A person aggrieved by a decision of said board, whether 
previously a party to the proceeding or not, or a municipal 
officer or board, may, within fifteen days after the filing of 
such decision in the office of said commissioner, bring a peti- 
tion in the supreme judicial court or the superior court for 
the county of Hampden for a writ of certiorari to correct 
errors of law in such decision, and the provisions of section 
four of chapter two hundred and forty-nine of the General 
Laws, as amended, shall apply to such petition. 



188 Acts, 1945. — Chaps. 244, 245, 246. 

The person tiling the i^etition shall also file a bond with 
siiffitnenl, surety, to be approved by the court, for such sum 
as shall be fixed by the court, to indemnity and save harmless 
the person or persons in whose favor the decision was ren- 
dered from all damages and costs which they may sustain 
in case the decision of said board is affirmed. In case the 
decision of the board is affirmed, the court, on motion, shall 
assess damages and execution shall issue therefor. 

Approved April 24, 1945. 

Chap.24:4: An Act confirming the election of officers and other 

PROCEEDINGS OF A MEETING OF THE INHABITANTS OF THE 
TOWN OF SAVOY IN THE CURRENT YEAR. 

Be it enacted, etc., as follows: 

Section 1. The electioji of officers and other proceed- 
ings at a meeting of the inhabitants of the town of Savoy 
held on February nineteenth in the current year, if other- 
wise valid, are hereby validated and confirmed, notwith- 
standing that the annual meeting of said town was called 
for February fifth in said year and adjourned to said Febru- 
ary nineteenth, and said meeting is hereby declared to be the 
annual town meeting of said town for the current year. 

Section 2. This act shall take effect upon its passage. 
" Approved April 25, 1945. 

C/iap. 245 An Act relative to the compensation of assistant 
town clerks in towns of u.nder twenty thousand 
inhabitants. 

Be it enacted, etc., as follows: 

^•I'lTer. The last sent(Mice of section nineteen of chapter forty-oiu- 

ctcl.'.amciidcii'. of the General Laws, as most recently amended by chapter 
^'ixty-six of the acts of nineteen hundred and thirty-eight, 
is hereby further amended by striking out, in the first line, 
the word "No" and inserting in place thereof the words: — 
In towns of imder twenty thousand inhabitants no, — so as 
Assistant lowii to read as follows: — In towns of under twenty thousand 
pcnsation'of, inhabitants no {)erson appointed as assistant clerk shall re- 
ceive any salary for servicers as such from the town, but his 
compensation, if any, for such .services shall be paid by the 
clerk, to whom all fees received by the assistant shall be 
paid. Approved April 25, 1945. 

Chap. 24:6 An Act phovidin(; for continuous registration of vot- 
ers in cities and in certain towns. 

Be it enacted, etc.. as follows: 

G l. (Ter. Section thirty-three of chapter fifty-one of the General 

amended. "" l^aws, as appearing in the Tercentenary Edition, is hereby 

amended by adding at the end the following paragraph: — 
^^s^tra'ti'^ of 1^^ cities, and in towns of over ten thousand inhabitants, 



in ('ertiiin 
towns. 



Acts, 1945. — Chaps. 247, 248. 189 

HUy person sliall be registered as aforesaid during regular v''t..,s u, 
business hours on application except during such time as Inrl^n fow„- 
registration is not permitted by law. 

Approved April 25, 1945. 



Ax Act relative to the HOLDiNn of property by the Cli(ip.247 

KORSYTH DENTAL INFIRMARY FOR CHILDREN, AND TO THE 
NUMBER OF THE TRUSTEES OF SAID CORPORATION. 

Be it enacted, etc., as foUoios: 

Section 1. Section two of chapter two hundred and 
ninety-four of the acts of nineteen hundred and ten, as 
amended bj' section three of chapter one hundred and ninety- 
two of the Special Acts of nineteen hundred and sixteen, is 
hereby further amended by striking out, in the last hue, the 
word "four" and inserting in place thereof the word: — six, 
— so as to read as follows : — Section 2. Said corporation 
may receive and hold for tlie purposes of said corporation 
real and personal estate wliich may from time to time be 
given, granted, bequeathed or devised to it and accepted by 
the corporation. Said corporation may convey and turn 
over any propert}' received by it to any trust company in- 
corporated under the laws of the commonwealth upon such 
trusts for its benefit as tlie corporation may declare and 
determine, and any such trust company may receive and 
hold in trust any such property and also any other prop- 
erty, real or personal, which may be conveyed to it by will, 
trust deed, or otherwise, by any person or other corporation 
for the benefit of said corporation. The aggregate value of 
real and personal property so held by said corporation and 
so held in trust for its benefit shall not exceed six million 
dollars. 

Section 2. Section five of said chapter two hundred and 
ninety-four is hereby amended by striking out, in the third 
line, the word "ten" and inserting in place thereof the 
word: — twelve, — so as to read as follows : — 5ec/zon 5. 
Said corporation may delegate any of its powers to a board 
of trustees, consisting of not less than five nor more than 
twelve members, who shall be elected by ballot at any legal 
meeting of the corporation. Said corporation may adopt 
such by-laws, create such offices, elect such officers, and 
otherwise manage the affairs thereof in such manner as it 
sees fit. Approved April 25, 1945. 



An Act relative to payment of allowances for travel CJi(ip.24S 

AND OTHER EXPENSES TO MEMBERS OF THE GENERAL 
COURT. 

Whereas, I'he deferred operation of this act would tend Emergency 
to defeat its purpose, which in part is to provide foi- pay- '^^^'" 
Mient of allowances for travel and other expenses to members 
(»f the general court iluring tlie ctu'ient session, in addition 



190 Acts, 1945. — Chap. 248. 

fo those heretofore authorized b)^ law, in thai the payment 
of a substantial part of such allowances of such nnembers 
would be unduly deferred, 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: 

(i. L. rivr. Section 1. Chapter three of the General Laws is hereby 

etc;!'am(*)ii'.ii, aujcuded by striking out section nine, as most recently 
^('ido'."* § ■''^' amended by section one of chapter thirtj^-eight of the acts 
of nineteen hundred and forty-five, and inserting in place 
CDnipensatioii thereof th(; following two sections: — Section 9. Each rnem- 
of the^KomTiii ber of the general court shall receive, for each regular animal 
court session, twenty-five hundred dollars. The president of the 

senate and the speaker of the house of representatives 
shall each receive twenty-five hundred dollars additional 
compensation. Each member of the general court shall be 
entitled to be j)aid his compensation for such regular session 
at the rate of two hundred dollars for each full month of the 
session. Such payments shall be made to him, upon his 
request, on the last legislative day in which the general court 
is in session preceding the fifteenth day of each month and 
on the day preceding the last legislative day of each month, 
and shall be for an amount not exceeding the proportion 
then due at the aforesaid rate; provided, that the state 
treasurer, in his discretion, ma}^, during such regular ses- 
sion, mak(» additional payments on accoimt, in excess of 
such monthly rate, to axvy member making written request 
therefor, but the amount of sucli additional payments shall 
not exceed, in the aggregate, three hundred dollars in any 
one such session, or eight hundred dollars if such session 
continues beyond July first, and in no event shall the amount 
of all payments under this section during such session to any 
member exceed, in the aggregate, the compensation of such 
member for such session. 
Allowances for Scction 9A. Exccpt as otherwise expressly provided 
trave , .>tc. herein, each member of the general court shall receive for 
general expenses a basic allowance of ten dollars for each 
week of the regular annual session. In addition to such 
basic allowance, each member who resides not more than 
fifty miles from the place of sitting of the general court shall 
receive an allowance of twenty- two and one half cents for 
each such week for every mile of ordinary traveling distance 
from his place of abode to the place of sitting of the general 
court, and returning therefrom, but not less than four dol- 
lars and fifty cents for each such week, and each member 
who resides more than fifty miles from such place of sitting 
shall receive an allowance of four and one half cents for 
each such week for every mile of ordinary traveling distance 
from his place of abode 1o the place of such sitting, and 
returning therefrom, nnd a further allowance of twenty dol- 
lars for each such week for hotel and living expenses or extra 
travel. If no formal session of a branch of the general couri^ 



Acts, 1945. — Chap. 24<S. 191 

is held ill any week, the presiding officer of sunh branch 
shall certify such fact to the state treasurer and no payment 
under the provisions of this section shall he made for such 
week to any member of such branch; provided, that, if 
during the first sixty days from the date of its first assembly 
the general court is in recess for any week no such certifi- 
cate shall be required and no payment of any allowance as 
provided herein shall be made to any member. Such allow- 
ances for any month shall be payable on the day preceding 
the last legislative day of such month, as certified to the 
state treasurer by the clerks of the senate and house of 
representatives, respectively. 

Section 2. Said chapter three is hereby further amended g. l. (Ter. 
by striking out section ten, as amended by section two of ^t'il'amlndej. 
said chapter thirty-eight, and inserting in place thereof the 
following section: — Section 10. Each member of the gen- Coinpeusation 
cral court chosen to fill a vacancy, or who resigns his seat chosen" to mi 
during a regular annual session, shall be entitled to a per ^'•'*'"="""''^^' «'<'• 
diem compensation for the time of his membership at the 
I'ate of twenty-five liundred dollars for each regular annual 
session, and the allowances for travel and other expenses 
for the time of his membership as provided in section nine A. 

Section 3. Section eighteen of chapter twenty-nine of 9- f-, (Ter. 
the General Law^s, as appearing in the Tercentenary Edi- amemiVti.^ ^^' 
tion, is hereby amended by striking out the last sentence 
and inserting in place thereof the following sentence: — No Comptroller's 
certificate shall be required from the comptroller for pay- '"ertitieato. 
meiit of the pay rolls of the members of the council and gen- 
eral court, or for the traveling and other expenses of mem- 
bers of the general court as provided in section nine A of 
chapter three. 

Section 4. Any allowance for travel or mileage received Temporary 
by any member of the gcnieral court before the effective '"'"''"'"""^ 
date of this act shall be deduct (>d from an}- sum payable to 
such member under this act. 

Section 5. To provide for payments authorized by this Appio,,riMii.,„s. 
act, the sums herinnafter set forth are hereby appropriated 
from the general fund or revenue of the commonwealth, the 
same to be in addition to any amounts heretofore appro- 
priated for the purpose: 

Item 

0101-02 For expenses of senators, including travel, for 
tlie fiscal year ending June thirtieth, nine- 
teen hundred and forty-five $18,400 00 

Q 10 1-04 For expenses of representatives, including 
travel, for the fiscal year ending June thir- 
tieth, nineteen hundred and forty-five . . 110,100 00 

Approved April 26, 1946. 



192 Acts,, 1945. — Chaps. 249, 250. 

Chap. 249 An Act reviving the southern Berkshire marble co. 

FOR the sole purposes OF SELLING AND CONVEYING 

certain real estate and distributing the proceeds 
thereof. 

pr^ambi^^*^ Whereus, The deferred operation of this act would tend 

to defeat its purpose, which is to revive the corporation 
therein referred to for tiie purpose of making an innnedi- 
ate sale and conveyance of certain property, 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: 

Southern Berkshire Marble Co., a corporation dissolved 
by section one Of chapter one hundred and nine of the 
Special Acts of nineteen hundred and eighteen, is hereby 
revived for the sole purposes of selling and conveying title 
to certain real estate situated in the town of Sheffield and 
of distributing the proceeds of said sale among those en- 
titled thereto. Approved April 25, 1945. 

Chap.250 An Act to provide for the summoning of witnesses to 

APPEAR AT hearings ON APPLICATIONS FOR COMPLAINTS 
CHARGING PERSONS WITH THE COMMISSION OF CRIME. 

Be it enacted, etc., as follows: 
G. L. (Ter. SECTION 1. Scction thirty-seven of chapter two hundred 

amended.' ' ' ' and eighteen of the General Laws, as appearing in the Ter- 
centenary Edition, is hereby amended by striking out, in 
the fourth line, the words "the preceding section" and in- 
serting in place thereof the words: — section thirty-six, — 
and by inserting after the word "cases", in the fifth line, 
the words: — , and at all hearings upon apphcations for 
complaints wherein a person may be charged with the coin- 
Process for mission of a crime. — so as to read as follows : — Section 37. 
defendants^n District courts, justiccs, special justices, clerks, assistant 
'nveJilioMles <-'lerks, temporary clerks and temporary assistant clerks 
thereof, trial justices, and justices of the peace designated 
and commissioned under section thirty-six, m.ay issue sum- 
monses and other processes for witnesses in criminal cases, 
and at all hearings upon applications for complaints wherein 
a ])erson may be charged with the commission of a crime, 
and such processes and likewise warrants and other processes 
in such cases, issued bj^ said courts or persons, may be 
directed to a court officer or probation officer of the court 
issuing the process, or either specifically or in general terms 
to any person in the commonwealth qualified to serve crimi- 
nal process, and any such process may be served and exe- 
cuted in any part of the commonwealth by the person to 
whom it is delivered for that purpose. This section shall 
apply to summonses, warrants and other processes for par- 
ties and witnesses in cases of waj'^ward, delinquent or neg- 
lected children. 



Acts, 1945. — Chaps. 251, 252. 193 

Section 2. Chapter two hundred and thirty-thre(! of the g. l. (Xer. 
General Laws is hereby amended by striking out section one, amende^cf.' ^ ^' 
as so appearing, and inserting in place thereof the follow- 
ing section: — Section 1. A clerk of a court of record, a witnesses, how 
notary public or a justice of the peace may issue summonses '""""^^°*' 
for witnesses in all cases pending before courts, magistrates, 
auditors, referees, arbitrators or other persons authorized to 
examine witnesses, and at all hearings upon applications for 
complaints wherein a person may be charged with the com- 
mission of a crime; but a notary public or a justice of the 
peace shall not issue summonses for witnesses in criminal 
cases except upon request of the attorney general, district 
attorney or other person who acts in the case in behalf of 
the commonwealth or of the defendant. If the summons is 
issued at the request of the defendant that fact shall be 
stated therein. The summons shall be in the form hereto- 
fore adopted and commonly used, but may be altered from 
time to time like other writs. Approved April 25, 1945. 



An Act authorizing the hunting or trapping and the C hap. 2bl 

POSSESSION OF BEAVERS DURING A PORTION OF THE YEAR 
NINETEEN HUNDRED AND FORTY-SIX. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of section sixty-eight of 
chapter one hundred and thirty-one of the General Laws, 
as appearing in section two of cliapter five hundred and 
ninety-nine of the acts of nineteen hundred and forty-one, 
any person may, during the month of February in the. year 
nineteen hundred and forty-six, hunt or trap, and have in 
possession, not more than six beavers. 

Approved April 25, 1945. 

An Act relative to the contents of the blue book Chap. 232 

EDITION OF THE ACTS AND RESOLVES. 

Be it enacted, etc., as follows: 

Section two of chapter five of the General Laws is hereby g. l. (Xer. 
amended by striking out paragraphs (4) and (6), as respec- ftt! 'amended. 
tively amended by section eight of chapter five hundred and 
eight of the acts of nineteen hundred and thirty-nine, and 
inserting in place thereof the two following paragraphs : — 

(4) In the volume of the j^ear immediately following a Certain cou- 
state election, all constitutional amendments and proposed Biue^Book!' 
laws approved by the people at said election. 

(6) In the volume of the year immediately following a 
state election, a statement showing what constitutional 
amendments, proposed laws and laws were submitted to 
the people at said election, with the aggregate vote on each 
such measure, both affirmative and negative, arranged in 
such detail as the state secretary may determine. 

Approved April 25, 1945. 



194 



Acts, 1945. — Chaps. 253, 2:A, 255. 



Chap.25^ An Act relative to the posting of additional names 

ON VOTING LISTS. 

Be it enacted, etc., as follows: 

Chapter fifty-one of the General Laws is hereby amended 
by striking out section fifty-eight, as appearing in the Ter- 
centenary Edition, and inserting in place thereof the follow- 
ing secUon: — Section 58. If a new name is added to the 
annual register after the voting lists have been posted, reg- 
istrars shall cause it to be added to the lists posted in their 
principal office. If a city or town shall authorize the regis- 
trars to publish the names added to the register, they may, 
instead of posting them, cause all additional names to be 
printed in a newspaper published in the city or town, if any, 
otherwise in a newspaper published in the county. 

Approved April 25, 19^5. 



G. L. (Ter. 
Ed.). 51. § 58, 
iiinoiidod. 



Additional 
names on 
voting lists. 



Chap.254 An Act repealing provisions of law relative to the 

POSSESSION OF firearms BY ALIENS. 



G. L. (Tei 
Ed.), 140, 
§ 129A. 

repealed. 



Be it enacted, etc., as follows: 

Section one hundred and twenty-nine A of chapter one 
hundred and forty of the General Laws is hereby repealed; 
but nothing in this act shall be construed to relieve any 
])orson subject to said section, as formerlj' in force, from the 
ronspquences of any act done in violation of any provision 
of said section, as formerly in force, or to affect any prose- 
cution for any violation of said section pending on the 
effective date of this act. Approved April 25, 1945. 



CJiap.255 An Act relative to review by the appellate division 

OF THE superior COURT OF CERTAIN SENTENCES TO THE 

reformatory for women. 

Be it enacted, etc., as follows: 

Section L Chapter two hundred and seventy-eight of 
the General Lsiws is hereby amended by striking out section 
twenty-eight A, inserted by section one of chapter five 
hundred and fifty-eiglit of the acts of nineteen hundred and 
forty-three, and inserting in place thereof the following: — 
Section 28 A. There shall be an 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 sentence could not have been im- 
posed, and for the review of sentences to the reformatory 
for women for terms of more than five years imposed by 
final judgments in such criminal cases. Said appellate divi- 
sion shall consist of three justices of the superior court to 
be designated from time to time by the chief justice of said 
court, and shall sit in Boston or at such other place as may 
be designated by the chief justice, and at such times as he 



(i. 1,, cr.T. 

Ed.), 27S, 
§ 28A, otc. 
aiiicndrd. 



Appt'llatr 
division of 

Muporior m 



Acts, 1945. — Chap. 255. 195 

shall detei-mine. No justice shall sit or act ou an appeal 
from a sentence imposed by hini. Two justices shall con- 
stitute a quorum to decide all matters before the appellate 
division. 

A designation by the chief justice of the members of the 
;ippellate 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. 

Section 2. Section twenty-eight B of said chapter two ^;, '- ^^g''"'- 
lumdred and seventy-eight, as so inserted, is hereby amended §"28b. etc., 
by inserting after the word "prison" ui the seventh line '*'"«""'"'' 
the words: — or reformatorA- for women, — so that the first 
paragraph will read as follows: — A person aggrieved by a procedure 
sentence which may be reviewed may within three days {'afc di^sim!' 
after the date of the imposition thereof, notwithstanding any 
partial execution of such sentence, file with the clerk a re- 
quest for leave of the justice who imposed the sentence to 
appeal to the appellate division for the review of such sen- 
tence. Upon the imposition of such a sentence to the state 
prison or reformatory for women 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 sentence may grant such 
leave at any time before the request to the appellate divi- 
sion 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 judg- 
ment 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 ap- 
pealed 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 
and shall make such a statement within seven days if re- 
(juested to do so b}' the appellate division. 

Section 3. Section twenty-eight C of said chapter two g.l. (Tor. 
hundred and seventy-eight, as so inserted, is hereby amended f 28a efr., 
by inserting after the word "prison" in the third fine the '""e"d«^- 
words: — or the superintendent of the reformatory for 
women, as the case may be, — so as to read as follows: — 
Section 28C. If an appeal is dismissed, the clerk for the Disraiswai of 
county where the judgment was rendered shall forthwith *pp^*'^- 
notify the appellant and the warden of the state prison or 
the superintendent of the reformatory for v/omen, as the 
case may be. If the judgment is amended by an order sub- 
stituting a different sentence or sentences, or disposition of 



196 



Acts, 1945. — Chaps. 256, 257. 



Kflfeotivi' dale. 



the case, the court sitting in any convenient county shall 
resentence the defendant 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 sentence. 

Section 4. This act shall take effect on September lii-st 
in the current year. Approved April 25, 1945. 



O. L. (Ter. 
Ed.). 148, 
§ .39A, etc., 
amended. 



Permits for 
displays of 
fireworks. 



Chap.25Q An Act relative to the approval of competent opera- 
tors TO HANDLE DISPLAYS OF FIREWORKS. 

Be it enacted, etc., as follows: 

Section thirty-nine A of chapter one hundred and forty- 
eight of the General Laws, inserted by section two of chapter 
two hundred and ninety-one of the acts of nineteen hundred 
and forty-three, is hereby amended by striking out, in the 
eighth line, the words "chiefs of the police and fire depart- 
ments," and inserting in place thereof the words: — chief 
of the fire department, — so as to read as f ollows : — <Sec- 
tion 39 A. The marshal shall make rules and regulations 
for the granting of permits for supervised displays of fire- 
works by municipalities, fair associations, amusement parks 
and other organizations or groups of individuals. Such rules 
nnd regulations shall provide in part that (a) every such dis- 
play shall be handled by a competent operator to be approved 
by the chief of the fire department 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 hazard- 
ous to property or to endanger any person or persons, (6) 
npplication 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. 

Approved April 26, 1945. 



Chap. 257 An Act acthorizino a corporation known as trustees 

OF THE MINISTERIAL FUND OF THE AMHERST NORTH PAR- 
ISH TO TRANSFER THE FUNDS IN ITS CUSTODY TO THE 
NORTH CONCRECATIONAL CHURCH OF AMHERST. 

Be it enacted, etc., as follows: 

Section 1. In so far as authoilzed by a decree of a court 
of competent jurisdiction, and in compliance with the terms 
and conditions of such decree, the corporation known as 
Trustees of the Ministerial Fund of Amherst North Parish 
may convey and transfer, and the corporation known as 
The North Congregational Church of Amherst may receive 
from said tirst-mentioned corporation :i convej^jmce and 
transfer of, and administer, all funds and other property 
held by said first-mentioned corporation under authority of 



Acts, 1945. — Chaps. 258, 259. X97 

chapter one hundred and fifteen of the acts of eighteen hun- 
dred and twenty-six, as amended, or under any other legal 
authority; provided, that said The North Congregational 
Church of Amherst shall administer all funds received under 
authority of this act in accordance with the pertinent pro- 
\isions of said chapter one hundred and fifteen, as amended, 
and the provisions of the aforesaid decree. 

Skction .2. This act shall not take full effect until it shall 
have been accepted on the i)art of the corporations known 
as Trustees of the Ministerial Fund of Amherst North Parish 
and as The North Congregational Church of Amherst by 
vote of the boards of directors thereof, or of such other 
officers or boards thereof as may be legally empowered to 
take such action in tlieir behalf, and a certified copy of each 
of said votes shall have been filed with the clerk of the town 
of Amherst and with the state secretary. 

Approved April 25, 1945. 

An Act exempting certain persons discharged from diar) 258 

THE MILITARY OR NAVAL SERVICE OV THE UNITED STATES 
FROM THE PAYMENT OF A FEE FOR A COMPETENCY EXAMI- 
NATION TO RENEW A LICENSE TO OPERATE MOTOR VEHI- 
CLES. 

lie it enacted, etc., as follows: 

Section 1. No fee shall be charged or collected for an 
examination for the renewal of a license to operate motor 
vehicles which expires while the holder thereof is serving in 
the mihtary or naval forces of the United States in World 
War 11 if application for such renewal is made b}' such holder 
within six months after the termination of such service, 
notwithstanding the requirements of section thirty-three of 
chapter ninety of the General Laws. 

Section 2. This act shall take effect as of November 
first, nineteen hundred and forty-four. 

Approved April 25, 1945. 



An Act authorizing the city of boston to make neces- 
sary RENOVATIONS IN THE SO-CALLED HOUGHTON AND 
DITTTON BUILDING. 

lie it enacted, etc., as follows: 

Section 1. For the purpose of making such renovations 
and improvements in the so-called Houghton. and Button 
Building, Boston, as may be necessary to make quarters in 
said building acceptable for renting purposes to various gov- 
ernment agencies, the city of Boston may borrow from time 
to time such sums as may be necessary, not exceeding, in 
the aggregate, three hundred thousand dollars, and may 
issue bonds or notes therefor, which shall bear on their face 
the words, Board of Real Estate Commissioners Renovation 
Loan, Act of 1945. Fach authorized issue shall constitute 



Chap.259 



198 Acts, 1945. — Chap. 260. 

53 separate loan, and such loans shall be paid in not more 
than five years from their date. Indebtedness incurred un- 
der 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. The proceeds 
of loans issued hereunder shall be expended by the board of 
real estate commissioners for the purposes herein stated. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a vote of the city council of said city, subject 
to the provisions of its charter, but not otherwise. 

Approved April 26, 19^5. 



Cha'p.2Qi) An Act making appropriations for the fiscal year 

ENDING JUNE THIRTIETH, NINETEEN HUNDRED AND FORTY- 
FIVE, TO PROVIDE FOR SUPPLEMENTUSJG CERTAIN EXIST- 
ING APPROPRIATIONS, AND FOR CERTAIN NEW ACTIVITIES 
AND PROJECTS. 

Be it enacted, etc., as follows: 

Section 1. To provide for supplementing certain exist- 
ing appropriations, and for certain new activities and pro- 
jects, 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 reve- 
nue of the commonwealth, unless some other source of reve- 
nue 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-five, in said section two referred to as the year 
nineteen hundred and forty-five, or for such other period as 
may be specified; this act being enacted in advance of final 
action on the general appropriation bill for the next fiscal 
year pursuant to a message of the governor dated March 
twenty-fourth, nineteen hundred and forty-five. 

Section 2. 

Service of the Legislntive DeporlmeiiL. 
Item 

0101-04 For compensation for travel of representatives 
for the year nineteen hundred and forty-five, 
to be in addition to any amount heretofore 
appropriated for the purpose $212 00 

0101-05 I'or the salaries of the clerk of the senate and 
the clerk of the house of representatives, to 
be in addition to any amount heretofore ap- 
propriated for the purpose . 1,500 00 

0101-06 For the salaries of the assistant clerk of the 
senate and the assistant clerk of the house 
of representatives, to be in addition to any 
amount heretofore appropriated for the 
purpose . 625 00 

0101-18 For personal services of the counsel to the 
senate and assistants, including not more 
than four permanent positions, to be in ad- 
dition to any amount heretofore appropri- 
ated for the purpose .... 1,362 50 



Acts, 1945. — Chap. 260. 199 

ft.eru 

0101-19 For personal services of tbe counsel to the 
house of representative^! and assistants, in- 
cluding not more than seven permanent 
positions, to be in addition to any amount 
neretofore appropriated for the purpose $1,500 00 

0102-01 l'(^r traveling and such other expenses of the 
committees of the present general court as 
may be authorij;ed by order of either branch 
of the general court, to be in addition to 
any amount heretoifore appropriated for 
the purpose . 8,823 91 

0102 04 I'or 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 two permanent positions in the 
year nineteen hundred and forty-five, to be 
in addition to any amount heretofore appro- 
priated for the purpose 5,600 00 

0102 13 For the purchase of outline sketches of mem- 
bers of the senate and house of representa- 
tives, to be in addition to anyv amount here- 
tofore appropriated for the purpose 1,500 00 

0102-22 For expenses of the committee on conserva- 
tion in connection with its investigation 
relative to the acquisition by the United 
States of property in this commonwealth 
for the establishment of migratory bird reser- 
vations, as authorized by an order of the 
general court ...... 4,000 00 

Service of the Organized Militia. 

1)403- IT) To cover certain small claims for damages to 
private property arising from military ma- 
neuvers, to be in addition to any amount 
heretofore appropriated for the purpose . fiOO 00 

Service of the State JAbrorij. 

0423 1)2 For i)ersonal services of the regular library 
assistants, temporarj'^ clerical assistance, and 
for services for cataloguing, including not 
more than twenty-two permanent position.s, 
to be in addition to any asnount heretofore 
appropriated for the purpose . . . 1,995 00 

Service of the I\f asiiachusetts Aeronautics Commis-non. 

0442-01 For personal services of employees, including 
not more than three permanent positions, 
to be hi addition to any amount heretofore 
appropriated for the purpose 1,850 00 

Service of the Secretary of tfie Cominorm'ealth. 

0504-05 For services and expenses of the electoral col- 
lege, to be in addition to any amount here- 
tofore appropriated for the purpose 250 00 

Service of the Treasurer and Receiver-General. 

OfiOl-02 For salaries of officers and employees holding 
positions established by law and additional 
clerical and other assistance, including not 
more than thirty-eight permanent positions, 
to be in addition to any amount heretofore 
appropriated for the purpose . . 3^,052 00 



200 



Acts, 1945. — Chap. 260. 



0601 



0.^ For services other than persoual, traveUiig ex- 
penses, office supphes and equipment, to be 
in addition to any amount heretofore appro- 
priated for the purpose .... 



$700 00 



Service of the State Knieryency Fuhlic Works C'o//^//^^.s•.^"^o//. 

(MiOCi 01 I'or personal services and other expenses of 
the state emergency public works commis- 
sion, including not more than si\ permanent 
positions, to be in addition to any amount 
iieretofore appropriated for the purpose 



Service of the Department of Agriculture. 
0908-01 (This item omitted.) 

Service of the Department of i'onservntion. 

Division of Fisheries and (Same: 
1004-32 l''<^r othei' maintenance expenses of game farms 
and fish hatcheries, and for the propagation 
of game birds and animals ami food fish, to 
ije in addition to' any amovmt heretofore ap- 
propriated for the purpose 

Damages by wild deer and wild moose : 
1004-35 I'or the payment of damages caused bj^ wild 
deer and wild moose, for the year nineteen 
hundred and forty-five and for previous 
years, as provided by law, to be in addition 
to any amount heretofore appropriated for 
the purpose ...... 

Bounty on seals: 
1004-91 I'or bounties on seals, to be in addition to any 
amount heretofore appropriatefl for the pur- 
pose ....... 

Service of the Deporlnienl of Kduailion. 

Administration: 
1301-02 lor |)ersonal services of oliicers, agents, clerks, 
stenographers and other assistants, includ- 
ing not more than forty-nine permanent 
positions, to be in addition to any amount 
heretofore appropriated for the purpose 

ITniversity E.xtension Courses: 
1301-02 l"'or other expenses, to be in addition to an}- 
amount heretofore appropriated for the 
purpose ....... 

Division of I'ublic Libraries: 
1303-01 i'or personal services of regular agents and 
other assistants, including not more than 
eight permanent positions, to be in addition 
to any amount heretofore appropi-jated for 
the purpose ...... 

Division of the Blind: 
1304-21 ('i'his item omitted.) 

Massachusetts INlaritinie Academy: 
1 306-01 For personal services of the secretary and ollice 
assistants, including not more than three 
permanent positions, to be in addition to 
any amount heretofore appropriated^ for the 
purpose ....... 



7,100 00 



2,()0{) 00 



1,000 00 



KM) 00 



1,515 00 



5,000 00 



480 00 



25 00 



Acts, 1945. — Chap. 260. 201 

/tem 

1806-10 For the maintenance of the academy and ship, 
in eluding not more than thirty-two permji- 
nent positions, to be in addition ixt any 
amount heretofore appropriated for the 
purpose $i;i,000 00 

Service of llie DeparlmeyU of Civil Service and ]\'eyi}^tr<ili(>H. 

Board of Registration of Public Accountants: 
1414-02 For expenses of examinations, including the 
preparation and marking of papers, and for 
other expenses, to be in addition to any 
amount heretofore appropriated for the 
purpose ....... 500 00 

Service of the Department of Labor and Industries. 

Massachusetts Development and Industrial 
Commission: 
1603-02 For administrative expenses, including ofhce 
rent and other incidental expenses, and for 
the promotion and development of the in- 
dustrial, agricultural and recreational re- 
sources of the commonwealth, to be in addi- 
tion to any amount heretofore appropriated 
for the purpose . 10,000 00 

Service of the Department of Correction. 

1803-22 I''(»r the purchase and installation of certain 

kitchen equipment at the state prison . . 1 7,000 00 

Service of the Department of Fvhlic Welfare. 

Division of Juvenile Training, Trustees of 
Massachusetts Training Schools: 
1908-50 F'or the cost of a vocational and educational 
studj' of the institutions under the control 
of the trustees of the Massachusetts train- 
ing schools 5,000 00 

Service (f the l)eparlmenl of I'uhlic Works. 

2202 04 I'or the compensation of dumping inspectors, 
to be in addition to any amount heretofore 
appropriated for the purpose . . 500 00 

For Expenses on .Account of the Existing War Emergency. 

'I'he appropriations under this heading are -for certain agencies and 
activities made necessary by the present war emergencj-. Expenditures 
under these items shall cease not later than sixty days after the gover- 
nor, with the advice and consent of the council, shall have proclaimed 
that the existing emergency has ended. No part of these appropria- 
tions shall be available for the salaries of positions on a permanent 
basis, and persons whose employment is created b.y reason of monej' 
herein appropriated shall not be subject to 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. The amounts herein appropriated 
are to be in addition to any amounts heretofore authorized for tht se 
purposes. 

.\djutant General: 

3204-01 (This item omitted.) 

3204-03 For personal services and other expenses in 
connection with the operation of the war 
records project, so called .... $0,600 00 



202 



Acts, 1945. — Chap. 261. 



Item 
3204^4 



For personal services and other expenses in 
connection with the oi>eration of the Massa- 
chusetts women's defense corps, so called . 



*3,50() 00 



Emergency Conservation Director: 
3204-44 For personal services and other expenses 2,500 00 

Seasonal Farm Labor Committee: 
3204-45 For personal services and other expenses 1,500 00 

Educational Committee on Personal and 
Religious Liberties: 
3204-03 For personal services and other expenses 500 (M) 

Veterans' Rehabilitation and Re-employ- 
ment Committee: 
3204-04 For personal services and other expensas . 4,000 00 

Massachusetts Committee on Recreation: 
3204-08 For personal services and other expenses . (iOO 00 

Victory Garden Program: 
3204-69 For certain personal services and other ex- 
penses in connection with the operation of 
the victorj' garden program, so-called . 2,000 00 

Reformatory for Women: 
3218-00 For expenses for boarding pris(jners at the 

Greenfield jail 4,500 00 

3218-07 For personal services for boarding prisoners at 

the Greenfield jail . . . 1,850 00 

The unexpended balances of amounts heretofore provided from the 
War Emergency Fund, as authorized by section ten of chapter three 
hundred and seventy of the acts of nineteen hundred and forty-three, 
are hereby made available for expenditure until the end of the present 
fiscal year. 

The following appropriation is made from the Port of Boston Fund: 

Semce of the Department of Puhlic Works. 
3132-1 4 For personal services and other exp(Mises of the 
cost of operating the Logan airport, to be in 
addition to any amount heretofore appro- 
priated for the purpose .... 

Totals: 

General Fund ..... 
Port of Boston Fund 



$15,000 00 



$124,340 41 
$15,000 00 



Section 



This act shall take effect upon its passage. 
Approved April 26, 194-5. 



Chap. 261 An Act relative to the educational requirements for 

ADMISSION TO THE BAR OF PERSONS WHO SERVED IN THE 
ARMED FORCES OF THE UNITED STATES DURING WORLD 
WAR II. 



G. L. (Ter. 
Ed.), 221, new 
§ 36A, added. 

Educational 
requirement H 
for admisHion 
to the bar. 



Be it enacted, etc., as follows: 

Chapter two hundred and twenty-one of the General 
Laws is hereby amended by inserting after section thirty- 
six, as amended, the following section: — Section 36 A. No 
rule requiring that an applicant for admission to the bar 
shall have completed any college work shall apply to any 
person who served in the armed forces of the United States 
during World War II. Approved April 27, 194-0. 



Acts, 1945. — CnAr. 262. 2()3 



An Act rstablishtng the soirrn sagamore watrk dis- (jJmjjf 262 

TKICT IN THE TOWK OF fiOURNE. 

Be it enacted, etc., asfolloics: 

Section 1. The inhabitants of the town of Bourne, hable 
to taxation in said town and residing within the territory 
comprised within the following boundary hues, to wit: — 
beginning at the intersection of the boundary hue between 
the town of Bourne and the town of Sandwich with the Cape 
Cod canal and running westerly by the Cape Cod canal to 
a point three thousand feet west of the center line of the 
Sagamore bridge; and thence turning and running south 
(true meridian) from the mean high water line of the Cape 
Cod canal on its soutlieiiy bank a distance of three thou- 
sand feet; and thence turning and running east (true me- 
ridian) to the boundary line between the town of I^ourne 
and the town of Sandwich; and thence turning and running 
northeasterly by the boimdary line between the town of 
Bourne and the town of Sandwich to the Cape Cod canal, 
the point of beginning, — shall constitute a water district 
and are hereby made a body corporate by the name of the 
South Sagamore water district, hereinafter called the dis- 
trict, for the purpose of supplying themselves with water for 
the extinguishment of fires and for domestic and other pur- 
poses, with power to establish fountains and hydrants and 
to relocate and discontinue the same, to regulate the use of 
such water and to fix and collect rates to be paid therefor, 
and for the purposes of assessing and raising taxes as pro- 
vided herein for the payment of such services, and for de- 
fraying the necessary expenses of carrying on the business 
of said district, subject to all general laws now or hereafter 
in force relating to such districts, except as otherwise pro- 
vided 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 or chapter eighty A of the General Laws, or 
acquire by lease, purchase or otherwise, and hold, the waters, 
or any portion thereof, of any pond, spring or stream, or of 
any ground sources of supply by means of driven, artesian 
or other wells, within the town of Bourne not already ap- 
propriated for the purposes of a public supply, and the water 
and flowage rights connected with any such water sources; 
and for said puiijoses may take as aforesaid, or acquire by 
purchase or otherwise, and hold, all lands, rights of way and 
other easements necessary for collecting, storing, holding, 
purifying and preserving the purity of the water and for 



204 Acts, 1945. — Chap. 262. 

conveying the same to any part of said district; provided, 
that no source of water supply or lands necessary for pre- 
serving the cjuality of tlu; water siiall be so taken or used 
without first obtaining the advice and approval of the de- 
partment of pubhc health, and that the location and arrange- 
ment of all dams, reservoirs, springs, wells, pumping, puri- 
fication and filtration plants ;uid such other works as may 
be necessary in (tarrying out the provisions of this act shall 
be subject to the approval of said department. The district 
may construct and maintain on the lands acquired and held 
imder this act proper dams, wells, springs, reservoirs, stand- 
pipes, tanks, pmnping plants, buildings, fixtures and other 
structures including also the establishment and maintenance 
of filter beds and purification works or systems, and may 
make excavations, procure and operate machinery and pro- 
vide such other means and appliances, and do such other 
things as may be necessary for the establishment and main- 
tenance of complete and effective water works; and for that 
purpose may construct pipe lines, wells and reservoirs and 
establisli pumping works, and may construct, lay, acquire 
;ind maintain aqueducts, conduits, pipes and other works 
under or over any land, water courses, railroads, railways 
and public or otlier ways, and along such ways, in said 
town, in such manner as not urmecessarily to obstruct the 
same; and for the purposes of constructing, laying, main- 
taining, operating and repairing such aqueducts, conduits, 
pipes and other works, and for all proper purposes of this 
iict, the district may dig up or I'aise and embank any such 
lands, highways or other ways in such manner as to cause 
the least hindrance to public travel on sucli ways; provided, 
that the nuinner in which all things are done upon any such 
way shall be subject to the direction of the selectmen of the 
town of Bourne. The district shall not enter upon, or con- 
struct 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 
departnitjnt of public utilities. The district may enter upon 
any lands for the purpose of making surveys, test wells or 
l)its and borings, and may take or otherwise acquire the 
right, to occupy temporarily any lands necessary for the con- 
struction of an}^ work or lor 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 nscover such damages from the 
district under said chapter seventy-nine or said chapter 
eighty A; but the right to damages for the taking of any 
water, water right or water source, or for any injury thereto, 
shall not vest until water is actually withdrawn or diverted 
under authority of this act. 

Section 4. For the purpose of paying the necessary ex- 
penses and liiibilities incurred under this act, other than 



Acts, 1945. — Chap. 262. 205 

expenses of uiamtejiance and operation, the district may 
borrow from time to time such sums as may be necessary, 
not exceeding, in the aggregate, one hundred thousand dol= 
lars, and may issue bonds or notes therefor, which shall 
bear on their face the words, South »Sagamore Water Dis- 
trict Loan, Act of 1945. Each authorized issue shall consti- 
tute a separate loan, and such loans shall be payable in not 
more than thirty years from their dates. Indebtedness in- 
curred under this act shall be subject to the provisions of 
chapter forty-four of the General Laws pertaining to such 
districts. 

Section 5. The district shall, at the time of authorizing 
said loan or loans, provide for ihv. payment thereof in ac- 
cordance with section four of this act : and, when a vote to 
that effect has been passed, a sum which, with the income 
derived from water rates, will be sufficient to pay the annual 
expense of opcratiiig its water works and th(» interest as it 
accrues on the bonds or notes issued as aforesaid by the 
district, and to make such payments on the principal as 
may be I'equired under this act, shall without fui'ther vote 
be assessed u]")on th(^ district by the assessors of said town 
of Bourne annually thei-eafter until the debt incurred by 
said loan or loans is extiiiguished. 

Section 6. Any land taken or acquir(^d under this act 
shall be managed, improved and controlled by the board of 
water connnissioners 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 bo 
subject to section nine. 

Section 7. Whenever a tax is duly voted by the district 
for tlie purposes of this act, the clerk shall send a certified 
copy of the vote to thv. 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 
coimnissioners 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 jn 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 
wat(^r fj'om said systf.'in 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 
hst of the estates exempt from taxation under the provisions 
of this section shall annually be sent by said board of water 
commissioners to said assessors, at the same time at which 
the clerk shall send a certified copy of the vote as aforesaid. 
The assessment sliall be coiuiiritted to tlie town collector, 
who shall collect said tax in {\if maimer provided by law 
for the collection of town taxes, and shall dtiposit the pro- 



2Q6 Acts, 1945. - Chap. 262. 

ceeds thereof with the district treasurer for the use and 
benefit of the district. The district maj^ collect interest on 
overdue taxes in the manner in which interest is authorized 
to be collected on town taxes. 

Section 8. Any meeting of the voters of the territory 
included within the boundaries set forth in section one to 
be held prior to the acceptance of this act, and any meeting 
of the voters of the district to be held prior to the qualifica- 
tion of a majority of the water connnissioners, shall be called, 
on petition of ten or more legal voters therein, by a warrant 
from the selectmen of said town, or from a justice of the 
peace, directed to one of the petitioners, requiring him to 
give notice of the meeting by posting copies of the warrant 
in two or more public places in the district seven days at 
least before the time of the meeting. Such justice of the 
peace, or one of the selectmen, shall preside at such meeting 
until a clerk is chosen and sworn, and the clerk shall pre- 
side until a moderator is chosen. At any meeting lield here- 
under prior to the acceptance of this act, after the choice of 
a moderator for the meeting the question of the acceptance 
of this act shall be submitted to the voters, and if it is ac- 
cepted by a majority of the voters present and voting thereon 
it shall thereupon take effect, and the meeting may then 
proceed to act on the other articles in the warrant. After 
the qualification of a majority of the water commissioners, 
meetings of the district shall be called by warrant under 
their hands, unless some other method be provided by by- 
law or vote of the district. 

Section 9. The district shall, after the acceptance of 
this act as aforesaid, elect by ballot, either at the same meet- 
ing at which this act shall have been accepted, or thereafter, 
at an annual meeting or at a special meeting called for the 
purpose, three persons, inhabitants of and voters in said 
district, to hold office, one until the expiration of three years, 
one until the expiration of two years, and one until the ex- 
piration of one year, from the day of the next succeeding 
annual district meeting, to constitute a board of water com- 
missioners; and at every annual district meeting following 
such next succeeding annual district meeting one such com- 
missioner shall be elected by ballot for the term of three 
years. The date of the next annual meeting shall be fixed 
by by-law or by vote of the board of water commissioners, 
but in no event shall it be later than fifteen months subse- 
quent to the date on which the water commissioners were 
first elected. All the authority granted to said district by 
this act, except sections four and five, and not otherwise 
specifically provided for, shall be vested in said board of 
water commissioners, who shall be subject, however, to such 
instructions, rules and regulations as the district may by 
vote impose. At the meeting at which said water commis- 
sioners are first elected and at each annual district meeting 
held thereafter, tlie district shall elect by ballot, each for a 
term of one year, a clerk and a treasurer of the district. 



Acts, 1945. — Chap. 262. 207 

The treasurer shall not be a water commissioner, and shall 
give bond to the district in such an amount as ma3' be ap- 
proved by said water commissioners and with a surety com- 
pany authorized to transact business in the commonwealth 
as surety. A majority of said water commissioners shall 
constitute a quorum for the transaction of business. Any 
vacancy occurring in said board from any cause may be 
filled for the remainder of the unexpired term by said dis- 
trict at any legal meeting called for the purpose. No money 
shall be drawn from the treasury of the district on account 
of its water works except upon a written order of said water 
commissioners or a majority of them. 

Section 10. Said board of water commissioners shall fix 
just and equitable prices and rates for the use of water, and 
sliall prescribe the time and manner of payment. The in- 
come of the water works shall be appropriated to defray all 
operating expenses, interest charges and payments on the 
principal as they shall accrue upon an.y 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 sliall 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 un- 
der their charge, and an account of their doings, including an 
account of receipts and expenditures. 

Section 11. The district may adopt by-laws, prescrib- 
ing b,y whom and how meetings of the district may be called, 
notified, and conducted; and, upon the application of ten 
or more legal voters in the district, meetings may also be 
called by warrant as pro^'ided in section eight. The district 
may also establish rules and regulations for the manage- 
ment of its water works, not inconsistent with this act or 
with any other provision of law, and may choose such other 
officers not provided for in this act as it may deem necessary 
or proper. 

Section 12. Whoever wilfully or wantonly corrupts, pol- 
lutes or diverts any water obtained or supplied under this 
act, or wilfully or wantonly injures anj' reservoir, well, 
standpipe, aqueduct, pipe or other property owned or used 
by the district for any of the purposes of this act, shall for- 
feit and pay to the district three times the amount of dam- 
ages assessed therefor, to be recovered in an action of tort, 
and upon conviction of any of the above wilful or wanton 
acts shall be punished by a fine of not more than three hun- 
dred dollars or by imprisonment for not more than one year, 
or both. 

Section 13. Upon a petition in writing addressed to said 
board of water commissioners requesting that certain real 
estate, accurately described th.erein, located in said town 
and al)utting on .said district and not otherwise s<;n'ed by a 



208 Acts, 1945. — Chaps. 263, 264. 

public water supply be included within the limits 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 district clerk shall within ten days file with the town 
clerk of said town and with the state secretary an attested 
copy of said petition and vote; and thereupon said real 
estate shall become and be part of the district and shall be 
holden under this act in the same manner and to the same 
extent as the real estate described in section one. 

Section 14. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the territory 
included within said district by section one of this act pres- 
ent and voting thereon, by the use of a check list, at a dis- 
trict meeting called, in accordance with section eight, within 
four years after its passage. Approved May 2, 1945. 



Chap.2i5'S An Act establishing the salaries of the deputy asses- 
sors OF the city of boston. 

Be it enacted, etc., as folloivs: 

Section 1. Section three of chapter ninety-three of the 
Special Acts of nineteen hundred and eighteen, as most re- 
cently amended by section one of chapter forty-nine of the 
acts of nineteen hundred and twenty-nine, is hereby further 
amended by striking out, in the seventh line, the word 
"four" and inserting in place thereof the word: — five, — 
so as to read as follows: — Section 3. The mayor shall also 
appoint for an indeterminate term, under the laws and rules 
governing the classified civil service of the commonwealth, 
five deputy assessors and such appointees shall hold office in 
accordance with such laws and rules. Appointments to fill 
vacancies shall be made in like manner. Each deputy as- 
sessor shall receive an annual salary of five thousand five 
hundred dollars and shall perform such duties as the board 
of assessors may prescribe. 

Section 2. 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, subject to the provisions of its charter, 
but not otherwise. Approved May 2, 1945. 



Chap.2()4: An Act for the protection of striped bass. 

Emereeno5- Whereas, The deferred operation of this act would tend 

preambip, ^q defeat its purpose, which in part is to protect striped bass 

during the current season; therefore, it is hereby declared 
to be an emergency Inw, necessary for the imniedinte preser- 
vation of the pubUc convenience. 



Acts, 1945. -- Cijai'. 264. 209 

lie it enacted, etc., as follows: 

Section 1. Section one hundred of chapter one hundred g. l. (Xer. 
and thirty of the General Laws, as appearing in section one § ibo, etc., 
of chapter five hundred and ninety-eight of the acts of nine- amended. 
teen hundred and forty-one, is hereby amended by striking 
cmt, in tiie sixth and seventh hnes, the vvord.s " ; striped 
bass, sixteen inches; squiteague" and inserting in place 
thereof the following: — ; squeteaguc, — so as to read as 
follows: — Section 100, No person shall catch or take from Protection 
the coastal waters any of the following fish less than, the J'liss'"""''' 
length hereinafter prescribed, as measured from the tip of the 
head to the inner fork of the tail, or sell, offer for sale or have 
in possession any such fish less than such length; pollock, 
twelve inches; mackerel, six inches; squeteague, twelve 
inches; shad, fourteen inches; Atlantic salmon, twelve 
inches; provided, that any person fishing in a lawful man- 
ner who unavoidably catches such fish less than such length 
shall not be deemed to have violated this section if such fish 
are returned immediately, alive, to the waters from which 
taken. Whoever violates any provision of this section shall 
be punished by a fine of not less than five nor more than 
twenty dollars and imprisonment for thirty days, or both. 

Section 2. Said chapter one hundred and thirty, as so a. l. (Xer. 
appearing, is hereby amended by inserting after section one jiVdoAaiiT" 
hundred the two following new sections: — Section 100 A. ioob, added. ■ 
No person shall sell, offer for sale, or have in his possession ^;iie of striped 
any striped bass measuring less than sixteen inches from the '■^^'' ''''^" '' " 
apex of the fork of the tail to the farthest extremity of the 
head. Whoever violates this section shall be punished by a 
fine of not less than ten dollars for each such fish. 

Section IOOB. No person shall take, or attempt to take, xakingof 
with or by the use of a net, seine or any other contrivance re^uialed'^*''' 
of any kind or description, except hook and fine, any striped 
bass within the jurisdiction of the commonwealth; pro- 
vided, that it shall not be a violation of this section for any 
person to take striped bass by means of such seine, net or 
other contrivance, while fishing for other fish for the catch- 
ing of which the use of such seine, net or other contrivance 
is permitted, if such striped bass is immediatel}' returned 
alive to the waters from which taken; and provided, further, 
that this section shall not affect the taking of striped bass by 
means of seines under authority of chapter fifty-two of the 
acts of eighteen hundred and ninety-one, or the taking of 
such fish in fish traps authorized under authority' of section 
twenty-nine, or similar provisions of law, but such traps 
may be examined b}^ the director, or some person thereunto 
authorized by liim in writing, and if it appears, after such 
examination, that such trap is constructed or operated for 
the primary purpose of taking striped bass, the director, 
after a hearing, may in writing order the licensee to alter 
the construction or operation of such trap, and any licensee 
who fails to so alter such trap within forty-eight hours after 
notice therefor has been received shall be punished by a fine 



210 



Acts, 1945. — Chaps. 26."), 260. 



<»f not less than one hundred dollars for each day or pari, 
thereof that such trap remains in operation contrary to such 
order, \^'hoover violates any provision of this section for 
which no other penaltj' is provided shall be punished by a 
fine of not less than one hundred nor more than five hun- 
dred dollars. Approved May 3, 1945. 



(^7/a/>.265 An Act further regulating the practice of archi- 
tecture. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter one hundred and twelve of the Gen- 
eral Laws is hereby amended by inserting after section 
si.xty J, inserted by section two of chapter six hundred and 
ninety-six of the acts of nineteen hundred and forty-one, the 
three following sections: — Section 60K. No person shall 
use the title of "registered architect" or "architect" unless 
he is registered under the provisions of sections sixty A to 
sixty J, inclusive, except that a person may use the title of 
"landscape architect" without being so registered. 

Section 60L. Nothing in sections sixty A to sixty K, in- 
clusive, shall be construed as preventing any person from 
making plans and specifications or supervising the construc- 
tion of any building if he does not represent himself as, or 
use the title of, "registered architect" or "architect". 

Section 60M . Whoever violates any provision of sections 
sixt}^ A to sixty L, inclusive, shall be punished by a fine of 
not more than one hundred dollars. 

Section 2. Section sixty A of said chapter one hundred 
and twelve, as so inserted, is hereby amended by striking 
out, in the second line, the words "sixty J" and inserting in 
place thereof the words : — sixty L, — so that the prelimi- 
nary paragraph will read as follows : — 

The following words as used in sections sixty A to sixty L, 
inclusive, unless the context otherwise requires, shall have 
the following meanings: — Approved Ma]j 3, 1945. 



C. I,. (Ter. 
Kit.), 112, new 
§§ 60K to 
t'^M, added. 



Use of terms 
"registered 
iirchiteot" or 
" :ir('Lif eet " 
reKiilated. 



Certain 

activities 

permitted. 



Pennlty. 



G. L. (Ter. 
Ed.), 112. 
§ 60A, etc., 
amended. 



Definitions. 



C 7/ op. 266 An Act authorizing the city of waltham to lease 

certain portions of prospect hill park and to GRAN'r 

certain easements. 

lie it enacted, etc., as follows: 

Section 1. The city of Waltham, notwithstanding any 
provisions to the contrary contained in the statute under 
authority of which the land hereinafter referred to was taken 
by eminent domain and subject to the provisions of this act, 
may lease for a period or periods not exceeding twenty years, 
the land, or any part thereof, described in section two of this 
act and located within Prospect Hill park, so-called, a pub- 
Uc park in said city held for park purposes. In leasing 
said land the said city shall act through the board of park 
commissioner having charge of said park, with the approval 



Acts, 1945. — Ckap. 267. 211 

of the city council and mayor of said city, and said board 
may with like approval impose such terms and conditions 
as it ma}^ prescribe. In prescribing terms and conditions, 
said board may grant easements within said park to any 
lessee under this act. 

Section 2. The land referred to in section one of this 
act is bounded and described as follows : 

Beginning at a point, located on an extension of the 
boundary line between the land now or formerly of Ella M. 
Smith and the land formerly of the Benjamin Worcester 
estate, two hundred and fifty feet northwesterly from the 
boundary line between said land now or formerly of Ella M. 
Smith and of the Benjamin Worcester estate and the land 
formerly of the heirs of N. W. Farwell taken by the city of 
Waltham July third, eighteen hundred and ninety-three; 
thence turning at a right angle and running northeasterly 
one hundred feet; thence turning at a right angle and run- 
ning northwesterly five hundred feet, thence turning at a 
right angle and running southwesterly five hundred feet, 
thence turning at a right angle and running southeasterly 
five hundred feet, thence turning at a right angle and run- 
ning northeasterly four hundred feet to the point of begin- 
ning; said parcel of land being a portion of the land con- 
taining forty-nine and four one hundredths acres taken by 
the city of Waltham July third, eighteen hundred and 
ninety-three. Approved May 3, 1945. 



An Act relative to notice in proceedings concerning C hap. 2G7 

TAX titles which ARE DEEMED INVALID. 

lie it enacted, etc., as follows: 

Section 1. Section eighty-two of chapter sixty of the g- l. (Xer. 
General Laws, as appearing in the Tercentenary Edition, is ameAded "' 
hereby amended by striking out, in the sixth line, the words 
"owner thereof" and inserting in place thereof the words: 
— holder of the tax title, — so as to read as follows: — Sec- Collector to 
tion 82. If a collector has reasonable cause to believe that onitfedepiMo.i 
the title to land sold for non-payment of taxes or of assess- '"vaiui. eic. 
inents, a lien for which is enforceable by a sale of land, is in- 
valid by reason of an error, omission or informality in the 
assessment or sale, he may, within two years after the date 
of the deed of such land, give notice to the record holder of 
the tax title, requiring him, within thirty days thereafter, to 
release any interest which he may have in such land under 
said deed, and to receive from the town the amount paid 
tlierefor with interest at ten per cent or to file with the col- 
lector a written statement that he refuses to release such 
interest. Such statement, if recorded in the registry of 
deeds, shall release the town from any liability upon the 
warranty in said deed. 

Section 2. Section eighty-three of said chapter sixty, as g. l. (Ter. 
so appearing, is hereby amended by striking out, in the first amended. ' ' 



212 



Acts, 1945. — Chaps. 268, 269. 



To record 
affidavit of 
notice if 
title not 
released. 



line, the word "owner" and inserting in place thereof the 
words: — holder of the tax title, — so as to read as follows: 
— Section 83. If, within thirty days after such notice, such 
holder of the tax title does not comply therewith, the collec- 
tor shall cause a copy thereof, with an affidavit by himself 
or by a disinterested person of the service thereof and of 
the facts in the case, to be recorded in the registry of deeds. 
A note of reference to the record of said copy shall be made 
on the margin of the record of the collector's deed therein 
referred to; and from the time of such record the interest 
payable by reason of a breach of warranty in such deed shall 
cease, and all right and title acquired under such deed shall 
be held to be released. The collector shall give notice of 
such proceedings to the town treasurer, who shall, on rea- 
sonable demand, pay over out of any funds in his hands the 
amount due in respect of said deed to the person entitled 
thereto. Approved May 3, 1945. 



Chap.2QS An Act requiring city or town treasurers to notify 

THE COLLECTORS AND, ON REQUEST, THE ASSESSORS OF 
ASSIGNMENTS, REDEMPTIONS AND FORECLOSURES OF TAX 
TITLES HELD BY THE CITY OR TOWN. 

Be it enacted, etc., as follows: 

Chapter sixty of the General Laws is hereby amended by 
inserting after section seventy-six B, inserted by section six 
of chapter four hundred and fifteen of the acts of nineteen 
hundred and thirty-eight, the following section: — Section 
76C. Whenever a tax title held by a town shall be assigned, 
or the land subject to a tax title so held shall be redeemed 
or the right of redemption thereunder foreclosed, the treas- 
urer shall forthwith send written notice of the assignment, 
redemption or foreclosure, as the case may be, to the col- 
lector and, upon their request, to the assessors. 

Approved May 3, 1945. 



G. L. (Ter. 
Ed.), 60, new 
§ 76C, added. 



Notice of 
assignments, 
etc., of tax 
titles to local 
officials. 



C/iap.269 An Act relative to the issuance of permits for open 

AIR FIRES. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.). 48, 
§ 13, etc., 
amended. 

Setting, etc., 
fires in open 
air regulated. 



Whereas, The provisions of this act relate to certain 
restrictions on the setting of fires in the open air during 
the months of April and May, and the deferred operation 
thereof would prevent said provisions from becoming opera- 
tive in 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: 

Chapter forty-eight of the General Laws is hereby amended 
by striking out section thirteen, as most recently amended 
by chapter five hundred and eighty-one of the acts of nineteen 
hundred and forty-one, and inserting in place thereof the 
following section : — Section IS. No person shall set, main- 



Acts, 1945. — Chap. 270. 213 

tain or increase a fire in the open air at any time except by Permits, 
permission, covering a period not exceeding five days from 
the date thereof, granted by the forest warden or chief of 
the fire department in cities and towns, or, in cities having 
such an official, the fire commissioner; provided, that if 
such permission is not in writing a written record of the 
granting thereof, setting forth the date upon which permis- 
sion was granted, the dates covered by such permission, the 
name and address of the person to whom, and the manner 
in which, such permission was granted, and any other neces- 
sary information relative thereto, shall be made and kept 
by the forest warden, chief or fire commissioner, as the case 
may be, and shall be open to pubHc inspection; and provided, 
further that persons over the age of twenty-one may, without 
a permit, set, maintain or increase a reasonable fire for the 
purpose of cooking, upon sandy or gravelly land free from 
living or dead vegetation or upon sandy or rocky beaches 
bordering on tide water, if the fire is enclosed within rocks, 
metal or other non-inflammable material. The forest warden, 
chief or fire commissioner, as the case may be, may make it 
a condition for granting a permit that any burning shall be 
done only after four o'clock (eastern standard time) in the 
afternoon and he may revoke a permit at any time. The 
forester may make rules and regulations relating to the 
granting and revocation of such permits binding throughout 
the commonwealth. Such rules and regulations shall take 
effect subject to section thirty-seven of chapter thirty, when 
approved by the governor and council. The forest wardens 
in towns and officials performing the duties of forest wardens 
in cities shall cause pubUc notice to be given of the provisions 
of this section and shall enforce the same. Whoever violates 
any provision of this section shall be punished by a fine of 
not more than one hundred dollars or by imprisonment for 
not more than one month, or both. ' 

Approved May 7, 1945. 



An Act reviving silver shell-fish co. for the sole Chap.270 

PURPOSE OF CONVEVINO CERTAIN PROPERTY. 

Whereas, The deferred operation of this act would delay Emergency 
the conveyance of certain property by the corporation re- P''«ambie. 
vived thereby and it is essential that such conveyance be 
effected as soon as possible; 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: 

Silver Shell-Fish Co., a corporation dissolved by section 
one of chapter three hundred and ninety-nine of the acts of 
nineteen hundred and thirty-nine, is hereby revived and 
continued for a period of two years for the sole purpose of 
conveying title to certain real propertj'^ situated in the town 
of Fairhaven Approved May 7, 1945. 



214 



Acts, 1945. — C^haps. 271, 272, 273. 



ChaV.27l ^^ ^C'T REPEALING CERTAIN OBSOLETE PROVISIONS OF 
LAW RELATIVE TO RETURNS OF CERTAIN EXEMPTED PROP- 
ERTY. 

Be it enacted, etc., as follows: 

G. L. (Tor. Section eighty-five of chapter fifty-nine of the General 

fss.'i^'o., Laws, as amended by section forty-eight of chapter two 

repeaiod.' hundred and fifty-four of the acts of nineteen hundred and 
thirty-three, is hereby repealed. Ap-proved May 7, 1945. 



Ch(ip.272 An Act penalizing the unauthorized taking of cats, 

DOGS OR BIRDS FOR CERTAIN PURPOSES. 

Be it enacted, etc., as follows: 

Chapter two hundred and seventy-two of the General 
Laws is hereby amended by inserting after section eighty B, 
as appearing in the Tercentenary Edition, the following 
section:— Section 80C. Whoever, without the consent of 
the owner, takes a cat, dog or bird, with intent to exhibit or 
cause it to be exhibited or to subject it or cause it to be sub- 
jected to experimentation or mutilation while alive, or with 
intent to sell it or cause it to be sold for the purpose of 
being exhibited or subjected to experimentation or mutila- 
tion as aforesaid, shall be punished by a fine of not less than 
one hundred dollars nor more than the maximum fine per- 
mitted by law for the larceny of an article of the same value 
as such cat, dog or bird. Approved May 7, 1945. 



G. L. (Ter. 
Ed.), 272, new 
§ 80C, added. 



Takins; of 
rats, dogs or 
liird.M for 
I'xhibitioii 
and other 
purposes. 



Chap.27S An Act authorizing the director of standards and 
necessaries of life IN the department of labor 

AND industries TO PRESCRIBE RULES AND REGULATIONS 
relative to CERTAIN WEIGHING AND MEASURING DEVICES. 

Be it enacted, etc., as foUoivs: 

Section twenty-nine of chapter ninety-eight of the General 
Laws, as appearing in the Tercentenary Edition, is hereby 
amended by adding at the end the following paragraph : — 

The director may from time to time adopt, and may 
,k1 thereafter amend or repeal, and shall enforce, all such 
reasonable rules and regulations, and orders thereunder, as 
may be necessary or suitable in relation to weighing and 
measuring devices, and the use thereof; provided, that such 
rules and regulations are in accordance with such generally 
accepted standards of engineering practice as relate to such 
weighing and measuring devices. Any person aggrieved by 
any rule or regulation, or order thereunder, made under 
authority of the preceding sentence may appeal therefrom 
to the commissioner of labor and industries, who, after due 
notice, shall hold a hearing thereon and thereafter render a 
decision upon such appeal; and any person aggrieved by 
such decision may appeal therefrom to the district court 



G. L. (Ter. 
Ed.), 98, § 
amended. 



Rules, etc. 
relative to 
weighing a 
measuring 
devices. 



Acts, 1945. -- ('hap. 274. 216 

within whose judicial district such person resides or has his 
usual place of business, and the decision of said court shall 
be final. Approved May 7, 1946. 



An Act establishing a portion of the boundary line rhny 274 

BETWEEN THE CITY OF CHICOPEE AND THE CITY OF ' ' 

SPRINGFIELD. 

Be it enacted^ etc., as follows: 

Section 1. The following described line shall hereafter 
be in part the boundary hne between the cities of Chicopee 
and Springfield : — 

Beginning at a stone monument standing on the easterly 
side of Plainfield street, said monument being known as 
Chicopee Springfield West Springfield witness mark in lati- 
tude 42" 07' 30.68" north and longitude 72° 37' 06.29" 
west, as published in nineteen hundred by the Massachusetts 
topographical surve}^ in the town boundary atlas, so called, 
thence running northeasterl}^ in a straight line through an 
unmarked point, hereinafter referred to as point A, in the 
easterly line of Robbins road nineteen and eleven one- 
hundredths (19.11) feet measured northwesterly in the said 
easterl}^ line of Robbins road, from an existing granite 
monument marked C. S. standing on the easterly side of 
Robbins road. 

The line as described above shall be extended south- 
westerh' in the same course from the first-mentioned bound 
to the easterl}' boundary line of the town of West Spring- 
field in the channel of the Connecticut river; the line as 
first described shall be extended northeasterly in the same 
course from point A in the easterly line of Robbins road to 
tlie thread of the Chicopee river, the thread of said river 
being the boundary line between Chicopee and Springfield 
as defined in section one of chapter two hundred and thirty- 
three of the acts of eighteen hundred and forty-eight. 

Section 2. The department of public works is hereby 
authorized and directed to locate and define the boundary 
line described in section one by determining the X and Y 
(;o-ordinates, referred to the Massachusetts State Co-ordinate 
System, Mainland Zone, of the granite monument located 
on Plainfield street, of point A on the easterly line of Robbins 
road, of a point in said line near its northeasterly end on the 
shore of the Chicopee river and points at the intersection 
of said line where it intersects a side line on each existing 
public way. 

A tabulation of the X and Y co-ordinates of the located 
points on the said line shall be made and distributed as 
follows: — one copy to the state secretary, one copy to the 
city engineer of the city of Springfield, one copy to the city 
engineer of Chicopee and one copy to the engineer of the 
land court. 

3pcTion 3, The cost of carrying out the provisions of 



216 Acts, 1945. — Chaps. 275, 276. 

the act shall in the first instance be borne by said depart- 
ment. On certification by said department the city of 
Springfield shall reimburse the commonwealth in the amount 
of seventy-five per cent of the total cost and the city of 
Chicopee in the amount of twenty-five per cent thereof. 

Section 4. This act shall take full effect upon the com- 
pletion of the location of said boundary line by the depart- 
ment of public works and filing of said tabulation in the 
office of the state secretary. Approved May 7, 1945. 

Cha]).275 An Act placing under the civil service laws the of- 
fices OF JANITORS OF SCHOOL BUILDINGS IN THE TOWN 
OF EDGARTOWN. 

lie it enacted, etc., as follows: 

The ofl&ces of janitors of school buildings in the town of 
ICdgartown shall, upon the effective date of this act, become 
subject to the civil service laws, and the rules and regulations 
made thereunder, and the tenure of office of any subsequent 
incumbent of any of such oflfices shall be unlimited, subject, 
however, to said civil service laws. The incumbent of every 
such office on said effective date shall be subjected to a 
non-competitive qualifying examination for such oflfice by 
the division of civil service of the department of civil service 
and registration. If such an incumbent passes said examina- 
tion, he shall be certified for said office and shall be deemed 
to be permanently appointed thereto Avithout serving any 
probationary period, and his tenure of office shall be un- 
limited, subject, however, to the provisions of said laws. 
If such an incumbent does not pass such non-competitive 
qualifying examination, he may continue to serve in said 
office, but shall not be subject to the provisions of said laws. 

Approved May 7, 1945. 



(^hap.276 An Act relative to dogs and other domesticated 

ANIMALS AND CERTAIN BIRDS. 

Be it enacted, etc., as follows: 

G. L. (Ter. Section 1. Chapter two hundred and seventy-two of the 

§'85A^Iddcd" General Laws is hereby amended b}^ inserting after section 
eighty-five, as appearing in the Tercentenary Edition, the 
Harboring or followiug scction : — Scctiou 85 A. Whoever wrongfully kills, 
domes ticati-d maims, cnticcs or carries away a dog or other domesticated 
animals and animal or bird shall be liable in tort to its owner for tlu'ee 

certain birds . . . . i c j i i 

prohibited. times its valuc. Any person who removes from the dog 
of another its license tag, collar or harness, or who, without 
the authorization of the owner or keeper, holds or harbors 
a dog or other domesticated animal of another, or who holds 
or harbors a lost or strayed dog or other domesticated 
animal for more than forty-eight hours after such animal 
comes into his possession without reportuig or taking it to 
the police station or dog officer nearest to the place where 



Acts, 1945. — Chap. 277. 217 

it was found and informing the police officer or dog officer 
in charge where such dog or other animal was found, the 
name, color, age, size and pedigree, as fully as possible, of 
such animal and the person's own name and address, or 
who shall cause a dog to wear an imitation or counterfeit 
of the official tag prescribed by section one hundred and 
(iiirty-seven, one hundred and thirty-seven A or one hun- 
dred and thirty-seven B of chapter one hundred and forty, 
shaD be punished by a fine of not more than one hundred 
dollars. 

Section 2. Section one hundred and seventy-five of o. l. (Tci. 
ciiapter one hundred and forty of the General Laws, as l^'j^V, '"*"' 
amended, is hereby repealed. Approved May 7, 1945. ropoaiod. 



An Act establishing the dennis water district in the Chap.277 

TOWN OF DENNIS. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Dennis, liable 
to taxation in said town and residing within the territory 
comprised within tlie following boundary lines, to wit: — 
l)eginning at the intersection of the boundary line between 
the town of Dennis and the town of Harwich with Nantucket 
sound and running westerly by Nantucket sound to the 
boundary line betw-een the town of Dennis and the town of 
Yarmouth, located in Bass river; and thence northerly by 
the boundary line between the town of Dennis and the 
town of Yarmouth to Cape Cod bay; and thence easterly 
b}^ Cape Cod bay to the boundary line between the town of 
Dennis and the town of Brewster; and thence turning and 
running westerly and south by the boundary line between 
the town of Dennis and the town of Brewster to the center 
line of Airline road; and thence southerly by the center 
line of Airline road to the center line of Old Chatham road; 
and thence turning and running southeasterly by tlie center 
line of Old Chatham road to the boundary line between the 
tow» of Dennis and the town of Harwich; and thence turning 
and running southerly by the boundary line between the 
town of Dennis and the town of Harwich to Nantucket 
sound, the point of beginning, — shall constitute a water dis- 
trict and are hereby made a body corporate b}-^ the name 
of the Dennis Water District, hereinafter called the district, 
for the purpose of supplying themselves with water for the 
extinguishment of fires and for domestic and other purposes, 
with pov/er to establish fountains and hydrants and to re- 
locate and discontinue the same, to regulate the use of such 
water and to fix and collect rates to be paid therefor, and 
for the purposes of assessing and raising taxes as provided 
herein for the payment of such services, and for defrajing 
the necessary expenses of carrying on the business of said 
district, subject to all general laws now or hereafter in force 
relating to such districts, except as otherwise provided herein. 



218 Acts, 1945. — C^hap. 277. 

The district sliall have power to prosecute hikI defprid all 
;tctions relating to its property and affairs. 

Section 2. For tJie purposes aforesaid, the district, act- 
ing bj'^ and through its board of water commissioners here- 
inafter provided for, may contract with any municipality, 
acting through its water department, or with any water com- 
pany, or with any water district, for whatever water may 
be required, authority to furnish the same being hereby 
granted, and may take by eminent domain under chapter 
seventy-nine or chapter eighty A of the General Laws, or 
accjuire by lease, purchase or otherwise, and hold, the waters, 
or any portion thereof, of any pond, spring or stream, or 
of any ground sources of supply by means of driven, artesian 
or other wells, within the town of Dennis not already appro- 
priated for the purposes of a public supply, and the water 
and fiowage lights connected with any such water sources; 
and for said purposes may take as aforesaid, or acquire bj^ 
purchase or otherwise, and hold, all lands, rights of waj^ 
and other easements necessary for collecting, storing, hold- 
ing, purifying and preserving the purity of the water and 
for conveying the same to any part of said district; provided, 
that no source of water supply or lands necessary for preserv- 
ing the quality of the water shall be so taken or used without 
first obtaining the advice and approval of the department 
of public health, and that the location and arrangement of 
all dams, reservoirs, springs, wells, pumping, purification 
and filtration plants and such other works as may be neces- 
sary in carrying out the provisions of this act shall be sub- 
ject to the approval of said department. The district may 
construct and maintain on the lands acquired and held 
under this act proper dams, wells, springs, reservoirs, stand- 
pipes, tanks, pumping plants, buildings, fixtures and other 
structures including also the establishment and maintenance 
of filter beds and purification works or systems, and may 
make excavations, procure and operate machinery and pro- 
vide such other means and appliances, and do such other 
things as may be necessary for the establishment and mainte- 
nance of complete and effective water works; and fop 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 
imder or over any land, watei" courses, railroads, railways 
and public or other ways, and along such ways, in said town, 
in such manner as not unnecessarily to obstruct the same; 
and for the purposes of constructing, laying, maintaining, 
operating and repairing such aqueducts, conduits, pipes and 
other works, and for all proper purposes of this act, the 
district may dig up or raise and embank any such lands, 
highways or other waj's in such manner as to cause the 
least hindrance to public travel on such ways; provided, 
that the manner in which all things are done upon any such 
way shall be subject to the direction of the selectmen of 
the town of Dennis. The district shall not enter upon, or 



Acts, 1945. — Chap. 277. 219 

fonstruct or lay any conduit, pipe or other works within, 
the location of any railroad corporation except at such 
time and in such naanner as it maj' agree upon with such 
corporation, or, in case of failure so to agree, as may be 
approved by the department of public utihties. The district 
may enter upon any lands for the purpose of making surveys, 
test wells or pits and borings, and may take or otherwise 
acquire the right to occupy temporarily any lands neces- 
sar}' for the construction of any work or for any other 
purpose authorized by this act. 

Section 3. Any person sustaining damages in his property 
by any taking under this act or any other thing done under 
authority thereof may recover such damages from the district 
under said chapter seventy-nine or said chapter eighty A; 
but the right to damages for the taking of any water, water 
right or water source, or for any injury thereto, shall not 
vest until water is actually withdrawn or diverted under 
authority of this act. 

Section 4. For the purpose of paying the necessary 
expenses and liabilities incurred under this act, other than 
expenses of maintenance and operation, the district may 
borrow from time to time such sums as may be necessary, 
not exceeding, in the aggregate, five hundred thousand dol- 
lars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Dennis Water District Loan, 
Act of 1945. Each authorized issue shall constitute a sepa- 
rate loan, and such loans shall be payable in not more than 
thirty j^ears from their dates. Indebtedness incurred under 
this act shall be subject to the provisions of chapter forty- 
four of the General Laws pertaining to such districts. 

Section 5. The district shall, at the time of authorizing 
said loan or loans, provide for the payment thereof in ac- 
cordance with section four of this act; and, when a vote 
to that effect has been passed, a sum which, with the income 
derived from water rates, will be sufficient to pay the annual 
expense of operating its water works and the interest as it 
accrues on the bonds or notes issued as aforesaid b}^ the 
district, and to make such payments on the principal as 
may be required under this act, shall without further vote 
be assessed upon the district by the assessors of said town 
of Dennis annually thereafter until the debt incurred by 
said loan or loans is extinguished. 

Section 6. Any land taken or acquired under this act 
shall be managed, improved and controlled by the board of 
water commissioners hereinafter provided for, in such manner 
as they shall deem for the best interest of the district. All 
authority vested in said board by this section shall be subject 
to section nine. 

Section 7. Whenever a tax is duly voted by the district 
for the purposes of this act, the clerk shall send a certified 
copy of the vote to the assessors of said town, who shall 
assess the same on property within the district in the same 
manner in all respects in which town taxes are required by 



220 Acts, 1945. — Chap. 277. 

law to be assessed; provided, that no estate shall be sub- 
ject to any tax assessed on account of the system of water 
suppl}' under this act if, in the judgment of the board of 
water connnissioners hereinafter provided for, after a hear- 
ing, due notice whereof shall have been given, sucli estate is 
so situated that it can receive no aid in the extinguishment 
of fire from the said system of water supply, or if such estate 
is so situated that the buildings thereon, or the buildings 
that might be constructed thereon, could not be supphed 
with water from said system in an}^ ordinary or reasonable 
manner; but all other estates in the district shall be deemed 
to be benefited and shall be subject to such tax. A certified 
list of the estates exempt from taxation under the provisions 
of this section shall annually be sent b}^ said board of water 
commissioners to said assessors, at the same time at which 
the clerk shall send a certified copy of the vote as aforesaid. 
The assessment shall be committed to the town collector, 
who shall collect said tax in the manner provided by law 
for the collection of town taxes, and shall deposit the pro- 
ceeds thereof with the district treasurer for the use and 
Ijenefit of the district. The district may collect interest on 
overdue taxes in the manner in which interest is authorized 
to be collected on town taxes. 

Section 8. Any meeting of the voters of the territory 
included within the boundaries set forth in section one to 
be held prior to the acceptance of this act, and any meeting 
of the voters of the district to be held prior to the qualifica- 
tion of a majority of the water commissioners, shall be called, 
on petition of ten or more legal voters therein, by a warrant 
from the selectmen of said town, or from a justice of the 
peace, directed to one of the petitioners, requiring him to 
give notice of the meeting by posting copies of the warrant 
in two or more public places in the district seven days at 
least before the time of the meeting. Such justice of the 
peace, or one of the selectmen, shall preside at such meeting 
until a clerk is chosen and sworn, and the clerk shall preside 
until a moderator is chosen. At any meeting held hereunder 
prior to the acceptance of this act, after the choice of a 
moderator for the meeting the question of the acceptance of 
this act shall be submitted to the voters, and if it is accepted 
by a majority of the voters present and voting thereon it 
shall thereupon take effect, and the meeting may then 
proceed to act on the other articles in the warrant. After 
the qualification of a majority of the water commissioners, 
meetings of the distiict shall be called by warrant under 
their hands, unless some other method be provided by by- 
law or vote of the district. 

Section 9. The district shall, after the acceptance of 
this act as aforesaid, elect by ballot, either at the same 
meeting at which this act shall have been accepted, or there- 
after, at an annual meeting or at a special meeting called 
for the purpose, three persons, inhabitants of and voters in 
said district, to hold office, one until the expiration of three 



Acts, 1945. — Chap. 277. 221 

years, one until tiie expiration of two years, and one until 
the expiration of one year, from the day of the next succeed- 
ing annual district meeting, to constitute a board of water 
commissioners; and at every annual district meeting follow- 
ing such next succeeding annual district meeting one such 
commissioner shall be elected by ballot for the term of three 
years. The date of the next annual meeting shall be fixed 
by by-law or by vote of the board of water commissioners, 
but in no event shall it be later than fifteen months subse- 
quent to the date on which the water commissioners were 
first elected. All the authority granted to said district by 
this act, except sections four and five, and not otherwise 
specifically provided for, shall be vested in said board of 
water commissioners, who shall be subject, however, to such 
instructions, rules and regulations as the district maj^ by vote 
impose. At the meeting at which said water commissioners 
are first elected and at each annual district meeting held 
thereafter, the district shall elect by ballot, each for a term 
of one year, a clerk and a treasurer of the district. The 
treasurer shall not be a water commissioner, and shall give 
bond to the district in such an amount as may be approved 
by said water commissioners and with a surety company 
authorized to transact business in the commonwealth as 
surety. A majorit}' of said water commissioners shall con- 
stitute a quorum for the transaction of business. An}- 
vacancy occurring in said board from any cause may be filled 
for the remainder of the unexpired term b}- said district at 
any legal meeting called for the purpose. No money shall 
be drawn from the treasuiy of the district on account of its 
water works except upon a written order of said water com- 
missioners or a majority of them. 

Section 10. Said board of water commissioners shall 
fix just and equitable prices and rates for the use of water, 
and shall prescribe the time and manner of payment. The 
income of tlie water works shall be appropriated to defray 
all operating expenses, interest charges and payments on the 
principal as they shall accrue upon any bonds or notes issued 
under authority of this act. If there should be a net surplus 
remaining after providing for the aforesaid charges, it maj- 
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 an 
account of receipts and expenditures. 

Section 11. The district may adopt by-laws, prescribing 
by whom and how meetings of the district may be called, 
notified, and conducted; and, upon the application of ten 
or more legal voters in the district, meetings may also be 
called by warrant as provided in section eight. The district 
may also establish rules and regulations for the management 



222 Acts, 1945. — Chap. 278. 

of its water works, not in(3onsistent with t})is act or with any 
other provision of law, and may choose such other oflficers 
not provided for in this act as it may deem necessary or 
proper. 

Section 12. Whoever wilfully or wantonl}^ corrupts, 
pollutes or diverts any water obtained or supplied under this 
act, or wilfully or wantonl\' injures any reservoir, well, stand- 
pipe, acjueduct, 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 bv imprisonment for not more than one year, or 
both. 

Skction 13. Upon a petition in writing addressed to said 
board of water commissioners requesting that certain I'eal 
estate, accurately described therein, located in said town and 
abutting on said district and not otherwise served by a pub- 
lic water supply be included within the limits thereof, and 
signed by the owners of such real estate, or a major portion 
of such real estate, said water commissioners shall cause a 
duly warned meeting of the district to be called, at which 
meeting the voters may vote on the question of including 
said real estate within the district. If a majority of the 
voters present and voting thereon vote in the affirmative 
the district clerk shall within ten days file with the town clerk 
of said town and with the state secretar}^ an attested copy 
of said petition and vote; and thereupon said real estate 
shall become and be part of the district and shall be holden 
under this act in the same manner and to the same extent 
as the real estate described in section one. 

Section 14. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the territory 
included within said district by section one of this act present 
and voting thereon, by the use of the check list, at a district 
meeting called, in accordance with section eight, before 
Januar}' first, nineteen hundred and forty-si.x. 

Approved May 7, 1945. 



Chap.27S An Act relative to the importing, printing, publish- 
ing, SELLING OR DISTRIBUTING OF OBSCENE BOOKS AND 
OTHER OBSCENE MATTER. 

Be it enacted, etc., as follov).'^: 

G. L. (Ter. SECTION 1 . Chapter two hundred and seventy-two of 

fts'fu;^,' the General Laws is hereby amended by striking out section 

r"w'8S^28\"'^ twenty-eight, as most recently amended b}' chapter two 

to 28 H, hundred and thirty-nine of the acts of nineteen hundred and 

added. forty-thrce, and inserting in place thereof the nine following 

Penalty foi scctions: — Sectiou "28. Whoever sells or distributes, or im- 

Thtcentviili' ports, prints or publishes for the purpose of selling or dis- 



Acts, 1945. — Chap. 278. 223 

tributing, to a person under the age of eighteen years a book, ^l^"^^;^^^^' 
pamphlet, ballad, printed paper, phonographic record or 
other thing which is obscene, indecent or impure, or mani- 
festly tends to corrupt the morals of youth, or an obscene, 
indecent or impure print, picture, figure, image or descrip- 
tion, manifestly 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 to a person under the age of eighteen years 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 dol- 
lars, or both, aijd for a subsequent offence by imprisonment 
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. 

Section 28 A. Whoever imports, prints, publishes, sells or Penalty for 
distributes a pamphlet, ballad, printed paper, phonographic LTJJ'ror hfiVins 
record, or other thing which is obscene, indecent or impure, o'lXnlltu-r- 
or an obscene, indecent or impure print, picture, figure, a^ure. etc. 
image or description, or buys, procures, receives or has in 
his possession any such pamphlet, ballad, printed paper, 
phonographic record, obscene, indecent or impure print, 
picture, figure, image or other thing, for the purpose of sale, 
exhibition, loan or circulation, shall be punished by impris- 
onment for not more than two years or by a fine of not less 
than one hundred dollars nor more than one thousand dol- 
lars, or both. 

Section 28B. Whoever imports, prints, publishes, sells. Penalty where 
loans or distributes, or buys, procures, receives, or has in his known'' to be 
possession for the purpose of sale, loan or distribution, a °^'«"^p"''- 
book, knowing it to be obscene, indecent or impure, shall 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. 

Section 28C. Whenever there is reasonable cause to be- Judicial 
lieve that a book which is being imported, sold, loaned or refaTive"to*'°" 
distributed, or is in the po.ssession of an}^ person who intends bo^ks^^etc 
to import, sell, loan or distribute the same, is obscene, in- 
decent or impure, the attorney general, or any district attor- 
ney within his district, shall bring an information or petition 
in equity in the superior court directed against said book 
by name. Upon the filing of such information or petition 
in equity, a justice of the superior court shall, if, upon a 
summary examination of the book, lie is of opinion that there 
is reasonable cause to believe that such book is obscene, in- 
decent or impure, issue an order of notice, returnable in or 
within thirty days, directed against such book by name and 
addressed to all persons interested in the publication, sale, 



224 



Acts, 1945. ^ Chap. 278. 



Ownei- of 
book, etc., 
may appear 
and claim 
right to trial 
by jury. 



Adjudication 
by court. 



Hearings. 



Information. 



loan or distribution thereof, to show cause why said book 
should not be judicially determined to be obscene, indecent 
or impure. Notice of such order shall be given by publica- 
tion once each week for two successive weeks in a daily 
newspaper published in the city of Boston and, if such infor- 
mation or petition be filed in any county other than Suffolk 
county, then by publication also in a daily newspaper pub- 
lished in such other county. A copy of such order of notice 
shall be sent by registered mail to the publisher of said book, 
to the person holding the copyrights, and to the author, in 
case the names of any such persons appear upon said book, 
fourteen days at least before the return day of such order of 
notice. After the issuance of an order of notice under the 
provisions of this section, the court shall, on motion of the 
attorney general or district attorney, make an interlocutory 
finding and adjudication that said book is obscene, indecent 
or impure, which finding and adjudication shall be of the 
same force and effect as the final finding and adjudication 
provided in section twenty-eight E or section twenty-eight F, 
but only until such final finding and adjudication is made or 
until further order of the court. 

Section 28D. Any person interested in the sale, loan or 
distribution of said book may appear and file an answer on 
or before the return day named in said notice or within such 
further time as the court may allow, and may claim a right 
to trial by jury on the issue whether said book is obscene, 
indecent or impure. 

Section 28E. If no person appears and answers within the 
time allowed, the court may at once upon motion of the 
petitioner, or of its own motion, no reason to the contrary 
appearing, order a general default and if the court finds that 
the book is obscene, indecent or impure, may make an ad- 
judication against the book that the same is obscene, indecent 
and impure. 

Section 28F. If an appearance is entered and answer filed, 
the case shall be set down for speedy hearing, but a default 
and order shall first be entered against all persons who have 
not appeared and answered, in the manner provided in sec- 
tion twenty-eight E. Such hearing shall be conducted in 
accordance with the usual course of proceedings in equity 
including all rights of exception and appeal. At such hear- 
ing the court may receive the testimony of experts and may 
receive evidence as to the literary, cultural or educational 
character of said book and as to the manner and form of its 
publication, advertisement, and distribution. Upon such 
hearing, the court may make an adjudication in the manner 
provided in said section twenty-eight E. 

Section 28G. An information or petition in equity under 
the provisions of section twenty-eight C shall not be open 
to objection on the ground that a mere judgment, order or 
decree is sought thereby and that no relief is or could be 
claimed thereunder on the issue of the defendant's knowl- 
edge as to the obscenity, indecency or impurity of the book. 



Acts, 1945. — Chap. 279. 225 

« 

Section 28H: In any trial under section twenty-eight B ^^1!*^"^^'°" 
on an indictment found or a complaint made for any offence etc.. is ° ' 
committed after the filing of a proceeding under section °''^'^<^"'^- 
twenty-eight C, the fact of such filing and the action of the 
court or jury thereon, if any, shall be admissible in evidence. 
If prior to the said offence a final decree had been entered 
against the book, the defendant, if the book be obscene, 
indecent or impure, shall be conclusively presumed to have 
known said book to be obscene, indecent or impure, or if 
said decree had been in favor of the book he shall be conclu- 
sivel}^ presumed not to have known said book to be obscene, 
indecent or impure, or if no final decree had been entered but 
a proceeding had been filed prior to said offence, the defend- 
ant shall be conclusively presumed to have had knowledge 
of the contents of said book. 

Section 2. This act shall not take effect until October Effective 
first in the current year, and shall not be deemed to apply ''^*^- 
to any cause of action arising prior to said date. 

Approved May 7, 1945. 



An Act changing the fiscal year of the metropolitan QIkjij 279 

DISTRICT commission AND THE METROPOLITAN DISTRICT 
WATER SUPPLY COMMISSION. 

Whereas, In order that the next general appropriation Emergency 
act may make appropriations for the several metropolitan p'"^^™'''^- 
districts for the fiscal year hereby established, the establish- 
ment thereof must become effective before the passage of 
such act which will undoubtedly take place within ninety 
days, therefore this act is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

The fiscal period of the metropohtan district commission 
and the metropohtan district water supply commission which 
began December first, nineteen hundred and forty-four shall 
end June thirtieth, nineteen hundred and forty-five, and, 
beginning with July first, nineteen hundred and forty-five, 
the fiscal year of said commissions shall be the year beginning 
with July first and ending with the following June thirtieth. 
Annual assessments for the several metropolitan districts 
made upon the cities and towns thereof in any year shall be 
payable on November twentieth of such year. Notwith- 
standing any other provision of law, assessments for mainte- 
nance of said districts payable November twentieth, nineteen 
hundred and forty-five shall be based upon the appropria- 
tions for said districts for the above described fiscal period 
beginning with December first, nineteen hundred and forty- 
four and ending with June thirtieth, nineteen hundred and 
forty-five and upon five twelfths of such appropriations for 
the new fiscal year of said commissions beginning with July 
first, nineteen hundred and forty-five, and annual assess- 



226 Acts, 1945. — Chaps. 280, 281, 282. 

ments for maintenance of said districts payable on Novernl)er 
twentieth of each subsequent year shall be based upon seven 
twelfths of such appropriations for the fiscal year ending 
with the preceding June thirtieth and five twelfths of such 
appropriations for the fiscal year immediately following said 
June thirtieth. Approved May 8, 194-5. 

C hap. 2S0 An Act authorizing the leasing by the town of oak 

BLUFFS OF certain PROPERTY AT THE TOWN BATHING 
BEACH, so CALLED, IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of general 
law to the contrary, the town of Oak Bluffs may, by its 
selectmen, lease for not more than ten years, on such terms 
as the selectmen determine, any building or buildings, or 
part thereof, located at the beach in said town known as the 
town bathing beach. 

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

Approved May 8, 1945. 



Chav.2Sl A^N Act providing for reciprocal enforcement of laws 

relating to marine fisheries. 

Be it enacted, etc., as follows: 
G. L. (Ter. Chapter one hundred and thirty of the General Laws is 

new '§ 15A, hereby amended by inserting after section fifteen, as appear- 
added. ing.in section one of chapter five hundred and ninety-eight 

of the acts of nineteen hundred and forty-one, the following 
Reciprocal sectlon I — Scction 15 A. Any game protector, fish and game 
of cXTaTn"* warden, coastal warden, conservation officer or other per- 
laws relating gQjj ^j^^^ jg cmpowercd to make arrests for violations of 

to marine '^^ • /-• i • i p i e tvt 

fisheries. the couservation or marine fishing laws oi the state of J\ew 

Hampshire or of the state of Rhode Island may pursue any 
person found fishing in the coastal waters of such state in 
violation of the marine fishing laws thereof onto adjacent 
coastal waters of this commonwealth and there arrest him 
and take him into such other state for the purpose of prose- 
cuting him for such violation; provided, that such other 
state shall have enacted legislation giving substantially 
similar authoritj^ to the conservation officers, coastal wardens 
and other appropriate officers of this commonwealth rela- 
tive to persons found fishing in the coastal waters of this 
commonwealth in violation of the marine fishing laws thereof. 

Approved May 8, 1945. 



Chap. 2S2 An Act relative to larceny. 

Be it enacted, etc., as follows: 
G. l. (Ter. Section 1. Scctious twenty-si.\, thirty-six, forty-four, 

§§^26,^36.' 44. forty-five and forty-six of chapter two hundred and sixty- 
tej^ted^' ^^^> ^^ appearing in the Tercentenary Edition, are hereby 

repealed. 



Acts, 1945. — Chap. 282. 221 

Section 2. Said chapter two hundred and sixty-six is g. l. arcr. 
hereby further amended by striking out section thirty, as amOTded! 
so appearing, and inserting in place thereof the following 
section: — Section 30. (1) Whoever steals, or with intent Larceny, 
to defraud obtains by a false pretence, or whoever unlaw- ''**'■' ^""^ ^' 
fully, and with intent to steal or embezzle, converts, or 
secretes with intent to convert, the property of another as 
defined in this section, whether such property is or is not 
in his possession at the time of such conversion or secreting, 
shall be guilty of larceny, and shall, if the value of the 
property stolen exceeds one hundred dollars, be punished 
by imprisonment in the state prison for not more than 
five years, or by a fine of not more than six hundred dollars 
and imprisonment in jail for not more than two years; or, 
if the value of the property stolen does not exceed one 
hundred dollars, shall be punished by imprisonment in jail 
for not more than one year or by a fine of not more than 
three hundred dollars; or, if the property was stolen from 
the conveyance of a common carrier or of a person carrying 
on an express business, shall be punished for the first offence 
by imprisonment for not less than six months nor more than 
two and one half years, or b}^ a fine of not less than fifty • 
nor more than six hundred dollars, or both, and for a subse- 
quent offence, by imprisonment for not less than eighteen 
months nor more than two and one half years, or by a fine 
of not less than one hundred and fifty nor more than six 
hundred dollars, or both. 

(2) The term "property" as used in this section shall "Property" 
include money, personal chattels, a bank note, bond, promis- 
sory note, bill of exchange or other bill, order or certificate, 

a book of accounts for or concerning money or goods due 
or to become due or to be delivered, a deed or writing con- 
taining a conveyance of land, any valuable contract in force, 
a receipt, release or defeasance, a writ, process, certificate 
of title or duplicate certificate issued under chapter one 
hundred and eighty-five, a pubHc record, anything which is 
of the realty or is annexed thereto, and any domesticated 
animal or a beast or bird which is ordinarily kept in con- 
finement and is not the subject of larceny at common law. 

(3) The stealing of real property may be a larceny from Real property, 

^ ^ . ^ . 1 • • X • • c c larceny ot. 

one or more tenants, sole, jomt or m common, m tee, tor 
life or years, at will or sufferance, mortgagors or mortgagees, 
in possession of the same, or who may have an action of 
tort against the offender for trespass upon the property, 
but not from one having only the use or custody thereof. 
The larceny may be from a wife in possession, if she is 
authorized by law to hold such property as if sole, otherwise 
her occupation may be the possession of the husband. If 
such property which was of a person deceased is stolen, it 
may be a larceny from any one or more heirs, devisees, 
reversioners, remaindermen or others, who have a right upon 
such decease to take possession, but not having entered, as 
it would be after entry. The larceny may be from a person 



228 



Acts, 1945. — Chap. 283. 



(;. I-. (Tcr. 
Ii;d.),2()(>, §33, 



I'also pretenecr 
to coustituto 
hirrony in 
certain oases. 



<i. I.. (Tcr. 
Ed.),2G(), §47 
;Linpnded. 



Penalty for 
wrongfully 
removing 
collar from 
licensed dog. 



I'lffectivc 
date. 



whose name is unknown, if it would be such if the property 
stolen were personal, and may be committed by those who 
have only the use or custodj^ of the property, but not by a 
person against whom no action of tort could be maintained 
for acts like those constituting the larceny. 

Section 3. Said chapter two hundred and sixty-six is 
hereby further amended by striking out section thirty-three, 
as so appearing, and inserting in place thereof the follow- 
ing section: — Section 33. (1) Whoever, with intent to de- 
fraud, obtains by a false pretence the making, acceptance or 
endorsement of a bill of exchange or promissory note, the 
release or substitution of collateral or other security, an 
extension of time for the payment of an obligation, or the 
release or alteration of the obligation of a written contract, 
or (2) whoever, with intent to defraud, by a false statement 
in writing respecting the financial condition, or means or 
ability to pay, of himself or of any other person, obtains 
credit from any bank or trust company or any banking 
institution accustomed to give credit in anj^ form whatsoever, 
shall be guilty of larcen3^ 

Section 4. Section forty-seven of said chapter two hun- 
dred and sixty-six, as so appearing, is hereby amended by 
striking out, in the first line, the words "or steals", — so as 
to read as follows: — Sectional. Whoever wrongfully re- 
moves the collar from a dog which is licensed and collared 
as provided in chapter one hundred and forty shall be 
punished by a fine of not more than one hundred dollars, 
or by six months' imprisonment, or both. Whoever dis- 
tributes or exposes a poisonous substance, with intent that 
it shall be eaten by a dog, shall be punished by a fine of not 
less than twenty nor more than one hundred dollars. 

Section 5. This act shall take effect on September first 
in the current year and shall apply in the case of crimes 
committed on or after said date; but the provisions of the 
several sections amended or repealed by this act, as in effect 
immediately preceding said date, shall continue to apply in 
the case of crimes committed prior to said date. 

Approved May 8, lOJib. 



Chap.28S An Act creating the savings bank investment fund 

FOR THE PURPOSE OF PROVIDING AN ADDITIONAL MEANS 
OF INVESTMENT FOR SAVINGS BANKS. 

Be it enacted, etc., as foUoios: 

Section 1. Thedirectorsfor the time being of the Mutual 
Savings Central Fund, Inc., established by chapter forty- 
four of the acts of nineteen hundred and thirty-two, as 
amended, hereinafter called the incorporators, are hereby 
constituted a corporation for the term of twenty-five years 
or until the dissolution of the said Mutual Savings Central 
Fund, Inc., whichever shall be the shorter time, under the 
name of the Savings Bank Investment Fund, hereinafter 



Acts, 1945. — Chap. 283. 

referred to as the corporation. The successors from time 
to time of such directors shall, for the purposes of this act, 
be incorporators in place of their predecessors. The purpose 
of the corporation shall be to hold, invest, reinvest, and 
manage, a mutual investment fund, which shall include all 
property of the corporation and is hereinafter referred to as 
the fund, to be derived from voluntary subscriptions thereto 
made by savings banks now or hereafter during said term 
established under the laws of the commonwealth and subject 
to the provisions of chapter one Imndred and sixty-eight of 
the General Laws, hereinafter referred to as savings banks. 
Section 2. The officers of the corporation shall be a 
president, one or more vice presidents, a treasurer, a clerk, 
a board of not less than seven nor more than eleven directors 
as fixed by the by-laws, and such other officers, if any, as 
may be authorized by the by-laws. The treasurer shall be 
required to give a bond for the faithful performance of his 
duties in such sum and with such sureties as the by-laws 
may prescribe. The clerk, who shall be a resident of the 
commonwealth, shall be sworn and shall record all votes of 
the corporation in a book to be kept therefor. Each director 
of the corporation shall first have qualified as, and at all 
times shall be, an officer or corporator of a savings bank, but 
not more than two directors shall at any one time be di- 
rectors of said Mutual Savings Central Fund, Inc. The 
office of director and any ofl^ce other than director may be 
held by the same person. The directors shall be elected by 
the incorporators, initially at any time after the effective 
date of this act, and annually thereafter at a time fixed by 
the by-laws of the corporation, which time shall be at the 
annual meeting of the said Mutual Savings Central Fund. 
Inc., or as soon thereafter as is feasible, but any director 
may be removed by vote of the incorporators at any meet- 
ing thereof. The officers of the corporation other than the 
directors shall be elected by such directors annually at a 
meeting held as soon after the election of the directors as is 
feasible, but any officer of the corporation other than a 
director may be removed by vote of such directors at any 
meeting thereof. The directors and other officers shall hold 
their several offices, unless sooner removed, until others are 
elected and qualified in their stead. Vacancies in the number 
of directors occurring at any time between the annual elec- 
tions may be filled by election b}^ the incorporators in the 
manner provided in the by-laws of the corporation. The 
existence of any vacancy or vacancies, however, shall not 
invalidate any action of the board of directors if a majority 
of the full number fixed by the by-laws participates in sucli 
action, or is present at a meeting at which such action is 
taken. Vacancies in any of the offices other than that of 
director occurring at any time between the* annual elections 
may be filled by election b}' the directors of the corporation. 
The directors of the corporation shall receive no compen- 
sation for their service in that office. The board of direc- 



Acts, 1945. — Chap. 283. 

tore slia-U have full control of the business of tiie corporation 
except as herein specifically limited. By-laws for the conduct 
of the business of the corporation may be adopted by the 
directors of the corporation subject to tlie approval of the 
incorporators and of the commissioner of banks. Such by- 
laws may provide for and fix the time and place of all meet- 
ings of the corporation and of the directors, define the duties 
of the officers, establisii an executive committee of not less 
than three nor more than five directors with such powers 
while the board of directors is not in session, including the 
purchase and sale of securities and any or all other powers 
of the board of directors, as shall be therein specified, and 
may provide for such other officers and committees as may 
seem advisable. 

Section 3. The corporation shall have no capital stock, 
but the beneficial ownership of the fund shall be represented 
by shares of beneficial interest without par value which shall 
be issued from time to time by the corporation to the sub- 
scribers thereto, and each share so issued shall be equal in 
every respect to every other share. Such shares shall not 
be sold to nor held by any persons other than savings banks, 
except as follows : — 

(a) They may be transferred and acquired by operation 
of law derived from the right of a savings bank, if such opera- 
tion of law does not stem from the voluntary action of such 
savings bank, but thereafter they shall be held subject to the 
provisions hereinafter specified. 

(6) They may be pledged by a savings bank to the same 
extent that any other assets of a savings bank may be pledged, 
but upon foreclosure of the pledge the pledgee shall hold them 
subject to the provisions hereinafter specified. 

(c) They may be transferred by sale or pledge, or in any 
other manner permitted by law, by a savings bank to said 
Mutual Savings Central Fund, Inc., but when the transfer- 
ring savings bank ceases to have any legal or equitable inter- 
est in tlie shares so transferred said Mutual Savings Central 
Fund, Inc. shall hold them subject to the provisions herein- 
after specified. 

Whenever, as the result of a transfer of an}^ kind described 
in paragraphs (a), (h) or (c) of this" section, any share is held 
by any person other than a savings bank, the following pro- 
cedure shall apply unless the board of directors or executive 
committee of the corporation in the exercise of sound dis- 
cretion shall determine that by reason of extraordinary 
conditions such procedure would be injurious to the fund or 
unfair to some or all of the other shareholders, and shall pass 
a vote reciting such determination and postponing the appli- 
cation of such procedure for a specified time : — No dividend 
shall be paid on such share after thirty days from the date, 
if known to the corporation, when the conditions specified 
in any of said paragraphs (a), (b) or (c) for the application of 
these provisions take effect, and the corporation shall of^'er 
to repurchase, and upon acceptance of the offer shall repur- 



Acts, 1945. — Chap. 283. 231 

chajse, any share so held at tlie net asset value on the date 
of repurchase if such repurchase occurs within said thirty- 
days. If such repurciiase does not occur witliin said thirty 
days said share shall thereafter be repurchased only at the 
net asset value as last determined during said thirty days, 
less any dividends paid thereon after said thirty days. Upon 
receiving notice that an}- share is so held by an}^ person other 
than a savings bank, and upon expiration of said thirty days 
without repurchase, the corporation shall cause to be set 
aside sufficient funds to repurchase it as provided herein. 
Shares of the corporation shall be issued and sold by, or under 
the direction of, the board of directors of the corporation in 
such amounts and at such times as the directors shall deter- 
mine, subject to any restrictions imposed in the by-laws; 
provided, that whenever any shares, except so many shares 
first sold out of the initial issue as will be sufficient to net a 
total of not more than one hundred and twenty-five thou- 
sand dollars, which shares may be sold at private sale free 
from any requirement as to offering, are issued for sale, they 
shall be sold only b}^ offering them to each savings bank, and 
thereafter, if the issue is oversubscribed, by allotment among 
the applicants by the directors in such manner as they see 
fit, subject to any provisions of the by-laws. Any savings 
bank may purchase shares from another holder, and any 
holder of shares may sell them to any savings bank, at any 
time, subject to any I'estrictions imposed by general laws or 
otherwise. The initial sale of shares by the corporation 
shall be at a price which will net the corporation, before pay- 
ing any taxes in connection with such issuance or sale, at 
least one thousand dollars per share, and thereafter shares, 
except shares of which the repurchase price has become fixed 
after thirty daj^s as provided in this section, shall be sold 
and repurchased by the corporation only at prices equal to 
the net asset value of the shares outstanding, such net asset 
value to be determined in the manner provided in section 
five and as of a time as near as is feasible to, but in no event 
more than ten days before or after, the date of offering or 
sale, or the date of repurchase, as the case may be. Subject 
to the foregoing provisions of this section, the corporation 
may repurchase shares at any time on such terms and sub- 
ject to such restrictions as may be provided in the by-laws, 
but such shares shall be cancelled and shall not be resold. 
All obUgations incurred in the conduct of the business shall 
be charged against the fund, and the directors shall in their 
discretion determine what items shall be charged or credited 
to principal and income, respectively, all as they shall deem 
to be in accordance with sound accounting practice. 

Section 4. The board of directors shall have authority 
from time to time to invest the funds of the corporation, and 
the corporation shall have powers in that respect, subject 
to the limitations hereafter stated, as follows: — 

(a) To make and acquire such loans secured by mort- 
gages on real property situated within the fimits of the com- 



2.32 Acts, 1945. — Chap. 283. 

monwealth as the federal housing administrator insures, or 
issues a commitment to insure, and to obtain such insurance; 
to collect and apply payments due upon and otherwise to 
service any such mortgage loan originated or acquired by it 
and with respect to any such mortgage loan to make agree- 
ments with any mortgagees approved by the federal housing 
administrator to collect and apply payments due upon and 
otherwise to service or contract for the servicing of any such 
mortgage loan; and to exercise any powers and to do any 
and all things, including the acquisition, by foreclosure or 
otherwise, and holding, of real estate and its sale or other 
disposal, incidental or necessary to give effect to this author- 
ity. 

(b) In public funds authorized for savings banks as set 
forth in clause Second of section fifty-four of chapter one 
hundred and sixty-eight of the General Laws. 

(c) In bonds and other evidences of indebtedness of cor- 
porations, associations and trusts, including guarantors and 
assuming obligors, located or having a principal place of 
business within the limits of the forty-eight states of the 
United States and the District of Columbia; provided, that 
such bonds or other evidences of indebtedness are not in 
default at the time of such investment; and provided, fur- 
ther, that the securities in question or other comparable 
obligations of the same obligor are quoted in recognized 
securities markets. 

TJie corporation shall not purchase the obligations of any 
one obligor, except dinx;t obligations of the. United States 
and those insured by the federal housing administrator, if 
such purchase at the time thereof would cause more than 
five per cent of the corporation's assets to be invested in 
such obligations. The corporation shall not purchase bonds 
having a yield greater than two and one half per cent in 
excess of the return on fully taxable United States govern- 
ment securities of approximately similar maturity if such 
purchase at the time thereof would cause more than ten 
per cent of the corporation's assets to be invested in such 
bonds. The corporation shall have no power to borrow 
money. 

Section 5. The asset value of each share of the cor- 
poration, except shares on which the repurchase price has 
become fixed after thirty days as provided in section three, 
shall be determined by the board of directors at stated in- 
tervals, not less often than once a month, as may be provided 
in the by-laws, and at such other times as any holder of a 
share or shares shall, by a separate writing on each occasion, 
request. The power and duty to determine asset value may 
be delegated by the board of directors from time to time to 
any two or more of the officers and directors of the corpora- 
tion, or to any custodian appointed pursuant to this act. 
In each case the asset value shall remain effective until a 
new asset value has been determined and become effective. 
The by-laws may provide rules for the determination of 



Acts, 1945. — Chap. 283. 233 

such asset value, including a specification of items which 
are to be considered assets and liabilities respectively, and 
the time and manner of their valuation. 

Section 6. The corporation shall at all times employ a 
national bank located in the commonwealth, or a trust com- 
pany organized and existing under the laws of, and located 
in, the commonwealth, as custodian, with authority as its 
agent, but subject to such restrictions, limitations and other 
requirements, if any, as ma}^ be contained in the by-laws of 
the corporation, to hold the securities owned by the corpora- 
tion and deliver them upon written order; to receive and 
receipt for any moneys of or due to the corporation and 
deposit them in its own banking department, or with another 
bank or trust company as above described, as the board of 
directors may direct; and to disburse such funds upon orders 
or vouchers; and the corporation may also employ such 
custodian as its agent to keep the books and accounts of 
the corporation and furnish clerical and accounting service, 
and to compute the asset value of the shares of the corpora- 
tion in accordance with the provisions of section five, all 
upon such basis of compensation as may be agreed upon 
between the corporation and the custodian. 

Section 7. The board of directors ma}^ in their discretion 
from time to time enter into an investment advisory or 
management contract whereb}- the other party to such con- 
tract shall undertake to furnish to the board of directors such 
investment advisory, statistical and research facilities and 
services and such other facilities and services, if any, and 
all upon such terms and conditions, as the directors may in 
their discretion determine; provided, that such contract has 
been approved by the incorporators and (1) precisely 
prescribes all compensation to be paid thereunder; (2) shall 
continue in effect for a period more than two years from the 
date of its execution only so long as such continuance is 
specifically^ approved at least annually by the board of 
directors; (3) provides, in substance, that it may be termi- 
nated at any time, without the payment of an^^ penalty, 
by the board of directors or the incorporators, on not more 
than sixty days' written notice to the investment adviser; 
and (4) provides, in substance, for its automatic termination 
in the event of its assignment by the investment adviser. 

Section 8. The board of directors may from time to 
time declare and pay dividends, and, subject to the limita- 
tions contained in this section and in section three, the 
amount of such dividends and the payment of them shall be 
wholly in the discretion of the board of directors. The 
directors in declaring a dividend may fix a record date not 
earlier than the date of declaration as of which the share- 
holders entitled to receive such dividend shall be determined, 
notwithstanding any transfer or the repurchase or issuance 
of any shares occurring after such record date. Ordinary 
dividends shall he paid only out of undistributed net income 
which may include accumulations from prior years. To tliis 



234 Acts, 1945. — Chap. 283. 

account shall be credited the gross earnings of tlic corpora- 
tion, inchiding all interest income, but excluding all capital 
gains whether realized or unreaUzed, and against this account 
shall be charged all current expenses and taxes, except taxes 
allocated to capital gains, but excluding all capital losses 
whether realized or unrealized. Other adjustments if any 
shall be made as the board of directors shall deem to be in 
accordance with good accounting practice. 

Dividends may also be paid out of net realized capital 
gains, to the date of declaration, of the year in which the 
dividend is paid, or out of any excess of undistributed net 
realized capital gains of previous years over any net realized 
capital losses of the current year to date of declaration; but 
the shareholders shall be informed, at or before the time of 
payment thereof, that such dividends are paid from the 
foregoing sources, and the shareholders may use such dis- 
tributions only to mark down the book value of their par- 
ticipation. 

Inasmuch as the computation of net income and capital 
gains for federal income tax purposes may vary from the 
computation thereof on the books, the above provisions shall 
be interpreted to give the directors the power in their dis- 
cretion to distribute in any year as dividends, including 
capital gain dividends, amounts sufficient to enable the 
corporation as a regulated investment company to avoid 
any hability for federal income tax in respect of that year. 
The directors shall be entitled to rely upon estimates made 
in the last two months of the year as to the amounts of 
distributions necessary for this purpose. 

Dividends may also be declared out of any available net 
assets of the fund, but any dividends declared except as 
provided in the preceding paragraphs of this section shall 
be deemed liquidating dividends and the shareholders shall 
be so informed. 

Section 9. The board of directors shall at least semi- 
annually submit to the shareholders and the commissioner 
of banks a written financial report of the corporation, in- 
cluding financial statements which shall at least annually be 
certified bj^ independent public accountants. Such reports 
shall also show all the securities bought and sold during the 
period covered by the report. Any shareholder shall have 
the right to inspect the books and records of the corporation 
at such times within business hours, and in such manner, 
as may be reasonable. The corporation shall b(> subject to 
(he supervision of the commissioner of banks within the 
meaning of section one of chapter one hundred and sixty- 
seven of the General Laws. 

Section 10. No incorporator or director of the corpora- 
tion shall in any event be individually liable for anything 
done or for any liability incurred or assumed by virtue of 
this act except by reason of his own wilful malfeasance, bad 
faith, gross negligence or reckless disregard of the duties 
involved in the conduct of his office. 



Acts, 1945. -- C^iiap. 284. 2'S6 

Skcjion 11. Tlie corporation ;ind its property nliall Ix' 
exempt from all taxes imposed by the commonwealth or any 
subdivision thereof except local taxes on real estate and 
tangible pei*sonal property, and taxes on stock transfers. 

Section 12. Section fifty-four of chapter one hundred Ed.^.iss' 
and sixt3'-eight of the General Laws, as amended, is hereby § 54." etc ' 
further amended b}' inserting after clause Seventh the fol- ''""'"' 
lowing clause : — 

Seventh A. In the shares of beneficial interest of the investmonts 
Savings Bank Investment Fund; provided, that not more Banrinv^st- 
than ten per cent of the deposits and of the income derived """"' ^""''• 
therefrom shall be so invested by any one savings bank. 

Approved May 10, 1945. 



An Act relative to certain lines, poles and other ('/ifip 284 

EQUIPMENT OF THE NEW ENGLAND TELEPHONE AND 
TELEGRAPH COMPANY, THE AMERICAN TELEPHONE AND 
TELEGRAPH COMPANY, THE WESTERN UNION TELEGRAPH 
COMPANY AND THE WESTERN MASSACHUSETTS ELECTRIC 
COMPANY IN THE CITY OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. All lines for the transmission of intelligence 
by electricity heretofore acquired or constructed by the 
New England Telephone and Telegraph Company, the 
American Telephone and Telegraph Company and the 
Western Union Telegraph Company in the city of Spring- 
field, and all lines for the transmission of electricity for light, 
heat or power heretofore acquired or constructed by the 
Western Massachusetts Electric Company in said city, upon, 
along or over the public ways and places of said city, and 
the poles, piers, abutments and other fixtures necessary to 
sustain, protect or operate 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 any of said companies in said city unless 
the company owning the same shall, not later than December 
thirty-first, nineteen hundred and forty-six, 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 passage. 

Approved May 12, 1945. 



236 



Acts, 1945. — Chap. 285. 



( 'Im }>.2S!') An Act iMa)vr?)iN(; von. twk creation ov liens upon 

MERCHANDISE WITHOUT THE NECESSITV OF CUSTODY 
OR POSSESSION IN THE LIENEE. 



Kniergency 
prcaniljle. 



(i. U. (Ter. 

Kd.), •■ir,r>, 

new §§40 to 
17, added. 



Cortain term 
defined. 



Factor to have 
lien in certain 

ea.ses. 



Whereas, The period of reconversion of industries appears 
to be near and the provisions of this act will greatly aid in 
the process of such reconversion and should be immediately 
effective, 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 fifty-five of the General Laws 
is hereby amended by adding after section thirty-nine, as 
appearing in the Tercentenary Edition, under the caption 
LIENS UPON MERCHANDISE, the eight following sec- 
tions : — Section 40. Wherever used in sections forty-one 
to forty-seven, inclusive, the term "merchandise" shall mean 
materials, goods in process and finished goods intended for 
sale, whether or not requiring further manufacturing or 
processing, but shall not include machinery, equipment or 
other trade fixtures of the borrower; the terms "factor" and 
"factors", wherever so used, shall mean persons, firms, 
banks and corporations and their successors in interest who 
advance money on the security of merchandise, whether or 
not they are employed to sell such merchandise; and the 
term "borrower", wherever so used, shall mean the owner 
of merchandise, or his agent, who creates a lien in favor of 
a factor. 

Section 4i ■ If so provided by any written agreement 
with the borrower, a factor shall have a lien upon such 
merchandise of the borrower as is from time to time after 
the execution of said written agreement designated in one 
or more separate written statements dated and signed by 
the borrower and delivered to the factor, without such 
merchandise being taken into the constructive or actual 
possession or custody of the factor or of a third person for 
the account of the factor, and such lien shall secure the 
factor for all his loans and advances to or for the account of 
the borrower, together with interest thereon, and also for 
the commissions, obligations, indebtedness, charges and 
expenses properly chargeable against or due from said bor- 
rower and for the amounts due or owing upon any notes or 
other obligations given to or received by the factor for or 
upon account of any such loans or advances, interest, com- 
missions, obligations, indebtedness, charges and expenses. 
Such lien shall be valid from the time of filing the notice 
hereinafter and in sections forty-two to forty-seven, inclusive, 
referred to, whether such merchandise shall be in existence 
at the time of the execution of the written agreement pro- 
viding for the creation of the lien or at the time of filing 
such notice or shall come into existence subsequently thereto 
or shall subsequently thereto be accjuired by the borrower; 



Acts, 1945. — Chap. 28-"). 237 

provided, that within the time limited in section forty-two 
for the recording of the notice of Hen there shall be placed 
on the door of, or in a conspicuous place at, one of the prin- 
cipal entrances of the place of business at which such mer- 
chandise shall be located, kept or stored, the name of the 
factor in legible lettering in the English language and a 
designation of said factor as factor; and provided, further, 
that a notice of the lien is filed as provided in section forty- 
two stating: 

(a) The name of the factor ; the name under which the Notice of lien 
factor does business, if an assumed name; the principal n°uii°"of"' 
place of business of tlie factor within the commonwealth, or, f^"*"""- "tc. 
if he has no place of business within the commonwealth, his 
principal place of business outside the commonwealth; and, 
if the factor is a partnership or "association, the name of 
the partners, and if a corporation, the state under whose 
laws it was organized. 

(6) The name of the borrower; the name under which Name ..f 
the borrower does business, if an assumed name; the prin- '^"''''""'''"■ 
cipal place of business of the borrower within the common- 
wealth, or, if he has no place of business within the com- 
monwealth, the principal place or places at which the 
merchandise shall be located or stored. 

(c) The general character of merchandise subject to the ciKirurtcr of 
lien, or which may become subject thereto, and the period ""''"'■''^""''s^" 
of time during which such loans or advances may be made 
under the terms of the written agreement providing for such 
loans or advances and for such lien. Amendments of the 
notice may be filed from time to time in the same manner 
to record any changes in the information contained in the 
original, subsequent or amended notices. 

Section 1^2. Such notice of lien shall be verified by the Notice of iicn 
factor to the effect that the statements therein contained withTstiu- 
are true to the best of the factor's knowledge, and shall, secretary. 
within ten days from the date of the written agreement 
providing for the creation of said lien, be filed with the state 
secretary, who shall cause each notice of lien filed to be 
marked with a consecutive file number and with the date 
and hour of filing, to be kept in a separate file, and to be 
noted and indexed in a suitable index, arranged according 
to the name of the borrower and containing a notation of 
the factor's chief place of business as given in the notice of 
lien. The fee for filing any such notice shall be one dollar. 

Section 4-3. Upon such filing and posting, the lien of the i-ien to attach 
factor shall be effectual upon and attach to the property TnoUce"^ 
from time to time designated in the written statements pro- 
vided for in section forty-one, as against all claims of un- 
secured creditors of the borrower and as against subsequent 
liens of creditors, except that specific liens arising out of 
contractual acts of the borrower with reference to the 
processing, warehousing, ship])ing or otherwise dealing with 
the merchandise in the usu.'tl course of the borrower's busi- 
ness, preparatory to thc^ir sale, shall attach against the lien 



238 



Acts, 1945. — Chap. 285. 



Certificate of 
disoharge 
of lien. 



Provisions of 
§§ 40 to 47 
uniited. 



Optional 
provisioiiH 



Sections 
declared to 
he sevenible. 



of the factor in said merchandise, whether or not fihng or 
posting has occurred under sections forty to forty-seven, 
inclusive; but this section shall not obligate the factor per- 
sonally for any debt secured by such lien, nor shall it be 
construed to include the lien of a landlord. When mer- 
chandise subject to the lien provided for by sections forty 
to forty-seven, inclusive, is sold in the ordinary course of 
the business of the borrower, the purchaser shall take the 
said merchandise free and clear of the lien, whether or not 
he has knowledge of the existence thereof. 

Section 44- Upon the payment or satisfaction of the in- 
debtedness secured by any lien specified in sections forty 
to forty-seven, inclusive, the factor or his legal representa- 
tive, upon the request of any person interested in the said 
merchandise shall sign and acknowledge a certificate setting 
forth such payment or satisfaction. The state secretary 
shall on receipt of such certificate, or a copy thereof, certi- 
fied as required by law, file the same in the file in which the 
original notice of lien was entered. The fee for filing such 
certificate of discharge shall be one dollar. All notices of 
lien shall be deemed to be and remain in full force and 
effect under said sections without further or other filing 
until the certificate of discharge hereinabove referred to 
shall have been filed. 

Section 4^- Sections forty to forty-seven, inclusive, sliall 
not apply to transactions of bailment, pledge or consign- 
ment, in which the merchandise is in the actual or con- 
structive possession or custody of the factor, or in the actual 
or constructive possession or custody of a third person for 
the account of the factor, and in such transactions and in 
any transaction under which the factor shall not comply 
with the filing and posting requirements of sections forty 
to forty-seven, inclusive, the factor shall have such security 
interest or lien rights in the merclumdise as shall accrue to 
the factor under the statutory and common law as it other- 
wise exists. 

Section 46. As to any transactions falling within the pro- 
visions both of sections fortj^ to f ortj^-se ven ; inclusive, and 
of any other provisions of law requiring or permitting filing 
or recording, the factor shall not be required to comply with 
both, but b.y complying with the provisions of either, at the 
factor's election, may have the protection given by the pro- 
visions complied with. 

Section 47. If any provision of sections forty to forty- 
seven, inclusive, or the application thereof to any person 
or circumstances is held invalid, such invalidity shall not 
affect other provisions or applications of said sections which 
can be given effect without the invalid provision or applica- 
tion, and to this end the provisions of said sections are 
declared to be severable. Approved May 12, 1945, 



Acts, 1945. — Chaps. 286, 287, 288. 239 

An Act requiring the city of lawrence to repay to C hap. 2S6 

CERTAIN permanent MEMBERS OF ITS FIRE DEPARTMENT 
THE CONTRIBUTIONS MADE BY THEM TO THE CONTRIBUTORY 
RETIREMENT SY'STEM OF SAID CITY, AND ESTABLISHING THE 
RETIREMENT RIGHTS OF SUCH MEMBERS. 

Be it enacted, etc., as follows: 

Section 1. The retirement board of the city of Lawrence 
is hereby authorized and directed to pay over to Frank J. 
Ford, Raymond C. Barcroft, Francis J. Walsh, Augustine 
J. Reusch, Ernest Mills, John J. Downs, Thomas E. Silke, 
Thomas L. Carey, Raymond J. McCartin, James D. Sam- 
bataro, Joseph Finnegan, Samuel R. Higton, Jr., and John 
F. Danahy, all permanent firemen of the city of Lawrence, 
all deductions withheld from their wages as such firemen on 
accovmt of the membership of each of the aforesaid firemen 
in the contributory retirement system, so called, established 
by virtue of sections twenty-six to thirty-one H, inclusive, 
of chapter thirty-two of the General Laws, and the names of 
said firemen shall be stricken from the rolls of the retirement 
board of the city of Lawrence as members of the contributory 
i-etirement system, so called. Each of the aforesaid firemen 
shall be entitled to the benefits of pension or retirement 
allowances provided for firemen under sections eighty to 
eighty- three, inclusive, and section eighty-nine, of said chap- 
ter thirty- two of the General Laws. 

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

Approved May 12, 1945. 



An Act authorizing the conveyance to the town of Chap.2H7 

CONCORD BY THE TRUSTEES OF PUBLIC RESERVATIONS 
OF CERTAIN LAND OWNED BY THEM. 

Be it enacted, etc., as follows: 

Section 1. The Trustees of Public Reservations, incor- 
porated by chapter three hundred and fifty-two of the acts 
of eighteen hundred and ninety-one, are hereby authorized 
to convey to the town of Concord, in consideration of two 
hundred and fifty dollars, a parcel of land in said town owned 
by said trustees, consisting of one and thirty-seven hun- 
dredths acres and bounded by Monument street, Simmons 
Landing lane, Great Meadows road and the Battle Ground 
Parking Space, so called. 

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

Approved May 12, 194-5. 



An Act exempting sales of shares of certain co- Chap. 2SS 

OPERATIVE CORPORATIONS FROM THE SALE OF SECTTRITTES 
LAW, SO CALLED. 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter one himdred and ^V ^^^o^' 
ten A of the General Laws, as appearing in section one of § 3", etc., 

amended. 



240 



Acts, 1945. — Chaps. 289, 290. 



Exenipted 
securities, etc 



G. L. (Ter. 
Ed.). IIOA. 
§ 3, etc., fur- 
ther amondc( 



Certain sale; 
may be for- 
bidden by 

eoniniissiou. 



chapter two hundred and ninety of the acts of nineteen hun- 
dred and thirty-two, is hereby amended by inserting after 
paragraph (i) the following paragraph : — 

{i}/^) Any sale of shares or securities of any corporation 
incorporated under chapter one hundred and fifty-seven 
whose authorized capital stock does not exceed fifty thou- 
sand dollars; provided, that no expenditure shall be made 
by or on behalf of such corporation in connection with the 
issue or sale of such shares or securities other than the actual 
expenses of organization, calling or holding meetings of in- 
corporators or shareholders, printing, mailing and taxes. 

Section 2. Said section three of said chapter one hun- 
dred and ten A, as so appearing, is hereby further amended 
by striking out the last paragraph and inserting in place 
thereof the following paragraph : — 

The commission may for cause forbid any sale exempted 
under the provisions of paragraphs (c), (d), (e), (/), (g), (h), 
(0> (*3^) and {j) of this section, and such sale shall not there- 
after be made except as the commission may determine. 

Approved May 12, 1945. 



G. L. (Ter. 
Ed.), 35, § ; 
amended. 



.\ppointnieiit 
of assistant 
treasurers in 
pertain 
counties. 



Chop. 2S9 An Act authorizing certain county treasurers to 

APPOINT assistant TREASURERS. 

Be it enacted, etc., as follows: 

Chapter thirty-five 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: 
— yection 2. In any county, except Suffolk and Nantucket, 
the count}' treasurer may appoint an assistant in his office, 
who has .served therein for at least one j^ear, as assistant 
treasurer, removable at his pleasure. The assistant treasurer 
shall give bond, and the provisions of the second sentence of 
section three shall apply to such bond. 

If the treasurer is unable to act, the assistant treasurer 
shall perform his duties. If both the treasurer and the 
assistant treasurer are unable to act, the count}'^ commis- 
sioners may appoint a temporary treasurer, who shall hold 
office until the treasurer or assistant treasurer is able to 
resume his duties. The temporary treasurer shall give bond, 
and the provisions of the second sentence of section three 
shall apply to such bond. Approved May 12, 194o. 



Chap. 290 An Act relative to the disposition of unclaimed 
money and property ov former prisoners. 

Be it enacted, etc., as folloivs: 

Section ninety -six A of chapter one hundred and twenty- 
seven of the General Laws, inserted by chapter three hun- 
dred and eighty-three of the acts of nineteen hundred and 
thirty-six, is hereby amended b}' inserting after the word 
"who" in the third line the words: — have died or, — and 



G. L. (Tor. 
Ed.), 127, 
§ 96A, etc., 
amended. 



. Acts, 1945. — Chap. 291. 241 

by striking out, in the fifth line, the word "ten" and in- 
serting in place thereof the word: — two, - so as to read 
as follows: — Section 90A. So much of any funds as rep- oisDosition nf 
resent monies belonging to, or deposited for the; benefit of, funda''^?c., 
prisoners who have died or have been discharged or have of former 
escaped from any state penal or reformatory institution, 
which shall have remained unclaimed for more than two 
years, shall be paid by the warden or superintendent of 
such institution to the state treasurer to be held subject to 
be paid to the person establishing a lawful right thereto, 
with interest at the rate of three per cent per annum from 
the time when it was so paid to the state treasurer to the 
time when it is paid by him to such person. After six years 
from the date when any such monies were paid to the state 
treasurer the same or any balance thereof then remaining in 
his hands may be used as a part of the ordinary revenue of 
the commonwealth. Any person may, however, estabhsh 
his claim after the expiration of the six years above men- 
tioned and an}' claim so established shall be paid from the 
ordinary revenue of the commonwealth. An}- person claim- 
ing a right to money deposited with the state treasurer 
under this section may estabhsh the same by a petition to 
the probate court; provided, that, in cases where claims 
amount to less than fifty dollars, the claims ma}' be presented 
to the comptroller, who shall examine the same and allow 
and certify for payment such as may be proved to his 
satisfaction. Approved May 12, J94-'>. 



An Act permitting the inspection of hospital records nj.Qjj OQl 

BY A PATIENT OR HIS ATTORNEY AND THE OBTAINING OF ' ' 

COPIES OF SUCH RECORDS. 

Be it enacted, etc., as follows: 

Section seventy of chapter one hundred and eleven of the g. l. (Tor. 
General Laws, as most recently amended by section one of §'70,' etc.,' 
chapter three hundred and eighty-nine of the acts of nine- •'""■"'''•'• 
teen hundred and forty-one, is hereby further amended by 
inserting after the word "that" in the twenty-third line 
the following: — such records and similar records kept in the 
custody of the person in charge of the hospital may be in- 
spected by the patient to whom they relate, or by his attorney 
upon delivery of a written authorization from the said patient, 
and a copy shall be furnished upon his request and the pay- 
ment of a reasonable fee; and provided, further, that, — so 
as to read as follows: — Section 70. Hospitals supported in inspection of 
whole or in part by contributions from the commonwealth piuirrecoTris 



or from any town, incorporated hospitals offering treatment '"eKuintod. 
to patients free of charge, and incorporated hospitals con- 
ducted as public charities shall keep records of the treatment 
of the cases under their care and the medical history of 
the same. Such records may be made in handwriting, or in 
print, or by typewriting, or by the photographic or micro- 



242 Acts, 1945. — Chap. 292. 

))hotx)giaphic process, or by any combination of the same. 
Whenever pre-existing hospital records shall have been pho- 
tographed or micro-photographed and the photographs or 
micro-photographs shall have been duly indexed and filed 
by the hospital, the person in charge of the hospital, upon 
notifying in writing the supervisor of public records referred 
to in chapter sixty-six, may destroy the original records 
so photographed or micro-photographed, and such photo- 
graphs or micro-photographs shall have the same force and 
effect as the original records from which they were made. 
Such records and similar records kept prior to April twenty- 
fifth, nineteen hundred and five, shall be in the custody of the 
person in charge of the hospital. Section ten of chapter 
sixty-six shall not apply to such records; provided, that such 
records and similar records kept in the custody of the person 
in charge of the hospital may be inspected by the patient 
to whom they relate, or by his attorney upon delivery of a 
written authorization from the said patient, and a copy shall 
be furnished upon his request and the payment of a reason- 
able fee; and provided, further, that upon proper judicial 
order, whether in connection with pending judicial pro- 
ceedings or otherwise, or, except in the case of records of 
hospitals under the control of the department of mental 
health, upon order of the head of the state department 
having supervision of such hospital, and in compliance with 
the terms of said order, such records may be inspected and 
copies furnished on payment of a reasonable fee. 

Approved May 12, 1945. 



Ch(ip.292 An Act making changes in the laws relative to annual 

REPORTS OF STATE OFFICERS AND DEPARTMENTS WHICH 
HAVE BECOME NECESSARY OR ADVISABLE BY REASON OF 
THE AMENDMENT TO THE CONSTITUTION PROVIDING FOR 
ANNUAL SESSIONS OF THE GENERAL COURT AND FOR AN 
ANNUAL BUDGET AND FOR CERTAIN OTHER CORRECTIVE 
CHANGES IN SUCH LAWS. 

Be it enacted, etc., as follows: 

F'd)'7^l^M Section 1. Chapter seven of the General Laws is hereby 

etc!, 'amended, amended by striking out section thirty-three, as amended by 
section one of chapter four hundred and ninety-nine of the 
acts of nineteen hundred and thirty-nine, and inserting in 
Annual report place thcrcof the foUowing section : — Section 38. The com- 
onaXli'ni'B-"" mission shall, annually on or before the second Wednes- 
c'^alfce '^"'^ ^^y ^^ January, submit to the general court a printed abstract 
of its annual report, exhibiting a full and accurate statement 
of the financial condition and transactions of the common- 
wealth for the preceding fiscal year; and as soon as may be 
after said second Wednesday in January it shall deposit its 
annual report with the state secretary. 
Ed V' 10 In Section 2. Section eleven of chapter ten of the General 
e«c!, 'amended'. Laws, as amended by section two of said chapter four hun- 



Acts, 1945. — Chap. 292. 243 

rirod and ninety-nine, is hereby further amended l>y strikinjj; 
out, in the first and second fines, the words "in each odd- 
numbered 3'ear" and inserting in place thereof the word: — 
anmially, — and also by striking out, in the third and fourth 
lines, the words "and in each even-numbered year on or 
before October first thereof", — so as to read as follows: — 
Section 11. He shall annually as soon after the })roroji;ation Publication of 
of the general court as is practicable^, publish a statement mwu'»"reiatito 
showing the assessments foi- interest, sinking fund and main- J;',f;fi*^t"j'"l.'' 
tenance requirements due from towns in the metropolitan 
sewerage systems, north and south, metropolitan parks and 
water districts; a statement showing the several classes of 
debts incurred for metropolitan district purposes, and the 
share of the towns in th(; several districts as measured l)y 
the basis used in computing the assessments mentioned in 
the first statement; and such other statements, if any, as 
he may deem advisable. The expense of printing shall be 
apportioned and paid in equal parts from the maintenance 
funds of the sewerage systems, north and south, the parks 
system and water system. 

Section 3. Section eleven of chapter twelve of the Gen- g, r.. (Ter. 
eral Laws, as amended by section three of said chapter four j^tllamoiKioiV. 
hundred and ninet3^-nine, is hereby further amended by 
inserting after the word "to" in the fourth line the words: 
— the amendment and, — and also by striking out, in the 
fifth, sixth and seventh lines, the words "and in his report 
for a fiscal year ending in an even-numbered year shall 
include recommendations for amendments thereof", — so as 
to read as follows: — Section 11. He shall make an annual Annual .eport 
report showing the number of cases tried, argued or con- K^mr "i'.'"^ 
ducted b}'^ him during the preceding fiscal year, with sugges- 
tions and recommendations as to i\\v amendment and the 
proper and economical administration of the laws. He shall 
include in his annual report a statement of his acts under 
section nine, with suggestions and recommendations relative 
thereto. He ma}^, with the approval of the governor and 
council, prepare and publish such reports of capital trials 
as he deems expedient for public use. One copy shall be 
sent to each public and law library in the commonwealth, 
and the balance may be sold, or otherwise disposed of, at 
the discretion of the state secretary. 

Section 4. Chapter thirty of the General Laws is hereby g. r.. (Tcr. 
amended by striking out section thirtj^-two, as amended by (.Tpi.'an.emipd. 
section four of said chapter four hundred and ninety-nine, 
and inserting in place thereof the following section: — Section Annual reports 
32. On or before the second Wednesday in January following officers'^and 
the termination of each fiscal year except where some other <i*'P'i't"'f"ts. 
time is provided, every state officer or department or head 
thereof required by law to make an annual report shall 
deposit such report with the state secretarj^, who shall on 
or before the third Wednesday in said January except where 
some other time is provided, transmit the same to the gen- 
eral court. Such an annual report shall, except as other- 



244 



Acts, 1945. — Chap. 292. 



G. L. (Tor. 
Ed.), 30, § ;<2A, 
repealed. 



G. L. (Ter. 
Ed.), 30, § 33, 
etc., amended. 



Recommenda- 
tions of de- 
partments, etc. 
suggesting 
legislation. 



G. L. (Ter. 
Ed.), 30, §33A, 
etc., amended. 



Special 
legislation. 



G. L. (Ter. 
Ed.), 32, § 10, 
etc., amended. 



Annual report 
of teachers' 
retirement 
board. 



wise expressly provided, cover such fiscal year, and, except, 
for facts or information specifically required by law, shall 
be a brief summary of such fiscal year's work, together with 
recommendations for the succeeding fiscal year. Such an 
annual report of any elected state officer for the fiscal year 
preceding the termination of his service as such may also 
include a like report for the period between the end of such 
fiscal year and the termination of his service aforesaid. 

Section 5. Section thirty-two A of said chapter thirty, 
inserted by section four A of said chapter four hundred and 
ninety-nine, is hereby repealed. 

Section 6. Said chapter thirty is hereby further amended 
by striking out section thirty-three, as amended by section 
five of said chapter four hundred and ninety-nine, and in- 
serting in place thereof the following section : — Section 33. 
Any state officer or department or head thereof making an 
annual report may include therein recommendations for 
legislative action, other than requests for appropriations or 
any matters required to be covered by budget estimates sub- 
mitted to the budget commissioner under section three or 
four of chapter twenty-nine. Such recommendations shall 
be deposited with the state secretary on or before the first 
Wednesday in December next after the end of the fiscal 
year covered by the annual report and shall be transmitted 
by him to the general court forthwith. They shall be accom- 
panied by drafts of bills embodying the legislation recom- 
mended, and such drafts of bills shall, seasonably before 
being deposited with the state secretary, be submitted to the 
counsel to the senate or counsel to the house of representa- 
tives for advice and assistance as to the form thereof. 

Section 7. Section thirtj^-three A of said chapter thirty, 
as amended by section six of said chapter four hundred and 
ninety-nine, is hereby further amended by striking out, in 
the seventh and eighth lines, the words "made for a fiscal 
year ending in an even-numbered year", — so as to read as 
follows : — Section 33 A . If, in the opinion of a state officer 
or department required to submit annual reports, the neces- 
sity of enacting special bills in relation to any particular 
subject of legislation may, without detriment to the public 
interest, be avoided in whole or in part by the enactment of 
general legislation, such officer or department shall submit 
from time to time in any such report recommendations for 
such changes in or additions to the General Laws as will 
accomplish said purpose. 

Section 8. Section sixteen of chapter thirty-two of the 
General Laws is hereby amended by striking out paragraph 
(2), as amended by section fifteen of chapter five hundred and 
eight of the acts of nineteen hundred and thirty-nine, and 
inserting in place thereof the following paragraph : — 

(2) The board shall make an annual report, which shall 
include a statement of the amount expended previous to the 
preceding first day of July by towns in the payment of pen- 
sions under paragraph (1), for which such towns have not 



Acts, 1945. — Chap. 292. 245 

received and should receive reimbursement. On the basis of 
such a statement, the general court may make an appro- 
priation for the reimbursement of such towns up to such first 
day of Jul}'. 

Section 9. Chapter ninety-two of the General Laws is g. l. (Ter. 
iiereb}^ amended by striking out section one hundred, as ^to'.!'amended.'' 
amended by section seven of said chapter four hundred 
and ninety-nine, and inserting in place thereof the follow- 
ing section: — Section 100. The commission shall keep full, Accounts and 

FGOorts Ol 

accurate and separate accounts of its receipts, expenditures, metropolitan 
disbursements, assets and liabilities, and shall, on or before '^"**^'''°*- 
the third Wednesday in January in each year, report to the 
general court an abstract of the same for the preceding fiscal 
year, together with all recommendations for legislation which 
it deems desirable, and shall, as soon as may be, present a 
more detailed statement of its doings for said fiscal year, the 
same to be printed as its annual report for the year. Section 
thirty-three of chapter thirty shall apply to such recommen- 
dations wliether the same are contained in such abstract or 
in such detailed statement. 

Section 10. Chapter one hundred and eleven of the g. l. (Ter. 
General Laws is hereby amended by striking out section ^tl! 'amended.' 
twenty-four, as most recently amended by chapter two 
hundred and thirty-four of the acts of nineteen hundred 
and thirty-nine, and inserting in place thereof the following 
section : — Section 2 If. The department may publish for gen- Department 
eral distribution such parts of its annual report to the gen- health may 
eral court and such other matter as it may deem adapted publish certain 
to promote the interests of the public health in the common- *° °^^^ ^°"' 
wealth. The department shall publish every five years for 
distribution among boards of health and other health agen- 
cies a manual of the laws relating to boards of health in the 
commonwealth, containing such information upon the same 
subject as it may deem expedient. The cost of any publica- 
tions referred to in this section shall be paid out of the appro- 
})riation for the general expenses of the department. 

Section 1L Chapter one hundred and sixty-seven of g. l. (Ter. 
the General Laws is hereby amended by striking out sec- etc!, 'amended. 
tion nine, as amended by section eight of said chapter four 
hundred and ninety-nine, and inserting in place thereof the 
following section: — Section 9. Annuall}^ on or before the Reports of 
third Wednesday in January, the commissioner shall com- „{ banks.°°*"^ 
municate to the general court an abstract of his report and 
such suggestions as he considers expedient relative to the 
general conduct and condition of banks and, on or before 
March fifteenth following, he shall make an annual report to 
the general court containing a statement of the condition 
of every bank, including banks in the hands of the commis- 
sioner, together with such other information relative to the 
affairs of the said banks, as, in his opinion, the public interest 
may require. Approved May 12, 19J,f). 



246 Acts, 1945. — Chaps. 293, 294. 

(,liap.29S An Act to allow persons complained of for misde- 

MEANOItS to be HEARD PERSONALLY OR BV COUNSEL IN 
OPPOSITION TO THE ISSUANCE OF ANY PROCESS BASED ON 
SUCH COMPLAINT. 

lie it enacted, etc., as follows: 

\h\' 2\f' Chapter Uxo hundred and eighteen of the General Laws 

§':?r,A, ot(.. is hereb,y amended by striking out section thirty-five A, 
"""■"'''"' inserted by section one of chapter three hundred and forty- 

nine of the acts of nineteen hundred and forty-three, and 
inserting in place thereof the following section : — Section 
p'lainoaaKaili-f ^^^ A . If a complaiiit for a misdemeanor is received b}' a 
may 1.0 ii.ani, disti'ict court. Or by a justice, associate justice or special 
justice tliei'eof, or by a clerk, assistant clerk, temporary clerk 
or temporary 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, shall, 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 personality or by counsel in opposition to the 
issuance of any process based on such complaint. 

Approved May 12, 1945. 



Chap.294: An Act providing for an additional court officei^ in 

THE DISTRICT COURT OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

li'iV '/s''^ o- Section sixty-two of chapter two hundred and eighteen 
.•i(','anioiHi,.,i!" of the General Laws, as most recentl}^ amended b}^ chapter 
three hundred and forty-eight of the acts of nineteen lum- 
dred and forty-one, is hereby further amended by inserting 
after the word "Middlesex" in the fifteenth line the words: 
— , the district court of Springfield, — so as to read as fol- 
hi'di'striH,""' lows: — Section 62. In the municipal court of the city of 
curt of Boston the court officers appointed shall not exceed ten for 

>>prmgf„i,i. criminal business, one of whom shall be designated by the 
chief justice as chief court officer of said court for criminal 
business and one as an assistant chief covni officer, nor five 
for civil business, one of whom sViall be designated by said 
chief justice as cliief court officer of said court for civil 
business; in the municipal court of the Roxbury district five 
court officers may be appointed; in the third district court 
of Eastern Middlesex and in the municipal court of the West 
Roxbury district three court officers may be appointed; in 
the municipal court of the South Boston district, of the 
Charlestown district and of the Dorchestei' district, the East 
Boston district court, the district court of Chelsea, the first 
district, court of Eastern Middlesex, the district court of 
Springfield and the district court of East Norfolk two court 
officers foi' each court may be appointed; and in each of the 
other districl courts in the commonwealth one court officer 
may be appointed. Approved Ma;i/ 12, 194''>. 



Acts, 1945. — Chaps. 295, 296, 297. 247 

An Act AuraoRiziNG the counit or essex to pay a sum (7/j^r> 295 

OF MONEY TO MARION KELLEY OF HAVERHILL. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obH- 
gation, the county of Essex maj^ pay to Marion Kelley of 
Haverhill a sum not exceeding five hundred and eighty-five 
dollars and fifty cents, to compensate her for expenses of 
hospital and medical care and for loss of earnings due to 
injuries received by her in the course of her duties in accom- 
panying an insane person who was being committed to an 
institution for the insane by the central district court of 
northern Essex. 

Section 2. This act shall take full effect upon its ac- 
ceptance, during the current year, by the coimty commis- 
sioners of Essex county, but not otherwise. 

Approved May 12, 194-5. 



An Act authorizing the city of boston to pay a sum Chav.29G 

OF money to JOHN S. DOHERTY. 

7)6 it enacted, etc., as folloivs: 

Section 1. For the purpose of discharging a moral obli- 
gation, the city of Boston may pay to John S. Doherty 
of said city a sum not exceeding one thousand dollars, for 
personal injury sustained by him on August twenty-seventh, 
nineteen hundred and forty-four, as a result of falling through 
an open hatch on the steamboat ''Stephen O'Meara". 

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, Ijut not otherwise. 

Approved May 12, 194-5. 



An Act authorizing the city of boston to pay a sum Chav.297 

OF money to JOHN J. CONNORS. 

lie it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the city of Boston may pay to John J. Connors 
of said city a sum not exceeding two hundred and five 
dollars for propert)- damage to his motor vehicle resulting 
from the negligent operation of a motor vehicle owned by 
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 12, 1945. 



248 



Acts, 1945. — Chaps. 298, 299. 



(770;?. 298 An Act providing for GiviNfi notice to holders ok 

LAPSED INDUSTRIAL LIFE INSURANCE POLICIES OF NON- 
FORFEITURE BENEFITS. 

Be it enacted, etc., asfolloivs: 

Ed.)'.' iTsTnew Chapter one hundred and scvcntj'-five of the General Laws 
§ 146A, a'ddpd. ig hereby amended by inserting after section one hundred 
Notice to and fort3''-six the following section: — Section I46A. In case 

ia°pserpoUcies. of any default in the payment of a premium on any policy 
of industrial life insurance issued or delivered in the common- 
wealth by an}'^ life company occurring after premiums have 
been paid thereon for three full years, the company, within 
six months from the due date of the defaulted premium, 
shall send by mail to the holder thereof, at his last known 
address, a notice setting forth any non-forfeiture benefit, 
other than one elected by the holder, in force under such 
policy when the notice is mailed. An affidavit of any officer, 
clerk or agent of the company, or anyone authorized by the 
company to mail the notice required by this section, that 
.'^uch a notice has been duly mailed on behalf of the com- 
pany shall be prima facie evidence that such notice was 
duly mailed. The provisions of this section shall not apply 
to such a policy on the life of a person who, on the due date 
of the defaulted premium, is not a resident of the common- 
wealth, unless the premium on the policy prior to the de- 
faulted premium was paid within the commonwealth to the 
insurer or its agent. Approved May 12, 1945. 



Chap.299 An Act authorizing the town of middleborough to 

PENSION GEORGE A. PHILBROOK. 

lie it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public good 
and in consideration of his long and meritorious service, the 
town of Middleborough, acting b}^ its board of selectmen, 
may retire George A. Philbrook, who has served the town 
faithfully for over fifty years as superintendent of its gas 
and electric department, on an annual pension equal to 
not less than one half the salary received by him at the time 
of his retirement. Said pension shall be payable monthly 
and shall be paid out of the income of said gas and electric 
department. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority of the registered voters of said town 
present and voting thereon at an annual or special town 
meeting, but not otherwise. Approved May 12, 19/f'^. 



Acts, 1945. — Chaps. 300, 301. 249 



An Act nF,i,ATTVE to consent to the adoption of cHir,- Chav.SOO 

DREN IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Chapter two hundred and ten of the General Laws is g. l. (Ter. 
hereby amended by striking out section three, as most ^h.;| '<,rne Acted '. 
recently amended by chapter two hundred and thirty-nine 
of the acts of nineteen hundred and forty-five, and insert- 
ing in place thereof the following section : — Section 3. The consent to 
consent of the persons named in section two, other than cfliidren^in^ 
the child or her husband, if any, shall not be required if the '-ertain cases. 
person to be adopted is of full age, nor shall the consent of 
any such person other tlian the child be required if such 
person is adjudged by the court hearing the petition to be 
hopelessl}' insane, or is imprisoned in any penal institution 
in this commonwealth under sentence for a term of which 
more than three 3'ears remain unexpired at the date of the 
petition ; or if he has wilfully" deserted or neglected to provide 
proper care and maintenance for such child for one year last 
preceding the date of the petition; or if he has suffered 
such child to be supported for more than one year con- 
tinuously prior to the petition by an incorporated charitable 
institution or by a town or by the commonwealth; or if he 
has been sentenced to imprisonment for drunkenness upon a 
third conviction within one year and neglects to provide 
proper care and maintenance for such child ; or if such person 
has been convicted of being a common night walker or a 
lewd, wanton and lascivious person, and neglects to provide 
proper care and maintenance for such child. A giving up in 
writing of a child, for the purpose of adoption, to an in- 
corporated charitable institution or the department of public 
welfare shall operate as a consent to any adoption subse- 
quently approved b}^ such institution or said department. 
Notice of the petition shall be given to the department of 
public welfare, if the child is supported by a town or by 
the commonwealth, and if the child is supported Ity a town, 
notice shall also be given to the board of public welfare 
thereof, and in Boston said notice shall be given both to 
the overseers of the public welfare in the city of Boston and 
to the institutions department. Approved May 12, 1945. 



An Act relative to signboards at railroad crossings. Chap.SOl 

lie it enacted, etc., as follows: 

Chapter one hundred and sixty of the General Laws is g. l. (Ter. 
hereby amended by striking out section one hundred and f u^-i/^^' 
forty-four, as appearing in the Tercentenary Edition, and in- amended, 
serting in place thereof the following section: — Section 144- 9ie°'?j'j«r^8 
WTien it appears that the placing of the signs prescribed by crossings.' 
section one hundred and forty or section one hundred and 
forty-two or by both of said sections, is impracticable or 



250 Acts, 1945. — Chaps. 302, 303. 

unnecessary, the riepartment, on petition, ma>' release tlie 
railroad corporation or the county, cit.y or town, as the case 
ma}' be, from compliance with said section or sections. 

Approved May 12, 1945. 



Cfiap.'Si)2 An Act further extending the time for completing 

CERTAIN IMPROVEMENTS AND CONSTRUCTION ON PARK 
LAND IN THE CITY OF BOSTON KNOWN AS THE CHARLES- 
BANK, TO BE PAID FOR OUT OF THE GEORfJK ROBKirr 
WHITE FUND. 

He it enacted, etc., as follows: 

Section one of chapter five hundred and eiglity-five of 
the acts of nineteen hundred and forty-one, as amended by 
chapter two hundred of the acts of nineteen hundred and 
forty-three, is hereby further amended by striking out, in 
the twenty-second Hne, the word "four" and inserting in 
place thereof the word : — six, — so that the last sentence 
will read as follows: — Said transfer shall also be upon the 
further express condition that if, within six 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 there- 
upon revert without further act to said park department. 

Approved May IS, 1945. 



( 'hap.'SOZ An Act authorizing the town of lee to construct 

AND operate a SYSTEM OF SEWERS. 

Be it enacted, etc., as follows: 

Section 1. The town of Lee may lay out, construct, 
maintain and operate a system or systems of main drains and 
common sewers for a part or the whole of its territory, with 
such connections and other works as may be required for a 
system of sewage disposal, and may construct such sew ers or 
drains in said town as may be necessary, and, for the purpose 
of pro^■iding better surface or other drainage, ma^^ make, 
lay and maintain such drains as it deems best. And for the 
purposes aforesaid, the town may, within its limits, make and 
maintain sub-drains. 

Section 2. The town may make and maintain in any- 
way therein where main drains or common sewers are con- 
structed, such connecting drains, under-drains and sewers 
within the limits of such way as may be necessary to connect 
any estate which abuts upon the way. 

Section 3. The town may, at the meeting when this 
act is accepted, vote that the selectmen shall act as a board 
of sewer commissioners. If the town does not so vote at 
said meeting, the town shall elect by ballot at any town 
meeting not later than the second annual meeting after the 
commencement of construction hereimder of a sj^stem of 
sewerage and sewage disposal, a board of three sewer com- 
missioners who shall be citizens of the town, to hold office, 



Acts, 1945. — Chap. 303. 251 

if elected at an annual meeting, one until the expiration of 
one year, one until the expiration of two 3'ears, and one until 
the expiration of three years, from such annual town meet- 
ing, and until their successors ai'c qualificHl, or, if elected 
at a special meeting, one until the expiration of one year, ont' 
until the expiration of two years, and one until the expiration 
of three years, from the next succeeding annual town meet- 
ing, and until their successors are qualified; and thereafter 
at each annual town jneeting when the term of a member 
expires, the town shall elect one member of the board to 
serve for three 3'ears and until his successor is elected and 
qualified. Any selectman shall be eligible to election to said 
board. In either case, whether the town votes that its select- 
men shall act as a board of sewer commissioners or elects a 
board of sewer commissionei-s, the town mav at any time 
thereafter, bj^ any or all the methods permitted by general 
law, provide for the election of a board of three sewer com- 
missioners, or that the selectmen may act as a board of 
sewer commissioners, as the case maj- be. 

Section 4. Said board of sewer commissioners, acting 
for and on behalf of said town, may take by eminent domain 
under chapter seventy-nine of the General Laws, or acquire 
by purchase or otherwise, any lands, water rights, rights of 
way or easements, public or private, in said town, necessar\' 
for accomplishing any purpose mentioned in this act, and 
ma.y construct such main drains and sewers under or over 
any bridge, railroad, railway, boulevard or other public 
way, or within the location of any railroad, and may enter 
upon and dig up any private land, public way or railroad 
location, for the purpose of laying such drains and sewers 
and of maintaining and repairing the same, and may do any 
other thing proper or necessary for the purposes of this act: 
provided, that they shall not take in fee any land of a rail- 
road corporation, and that they shall not enter upon or 
construct any drain or sewer within the location of any rail- 
road corporation except at such time and in such manner as 
they ma}^ agree upon with such corporation, or, in case of 
failure to agree, as may be approved by the department of 
public utilities. 

Section .5. Until the board of sewer commissioners has 
first been elected as provided in this act or the selectmen 
lia\'e first been authorized by vote to act as such board, as 
the case may be, but not in any event later than the second 
annual meeting after the commencement of the work of con- 
struction authorized hereby, the town may carry on such 
work by a duly authorized committee of the town.. The 
committee shall serve without pay and shall have all the 
powers and authority given to the board of sewer commis- 
sioners in this act or by general law. Whenever the phrase 
"said board of sewer commissioners" or "said board" herein- 
after occurs, it shall mean and include the board of sewer 
commissioners, the selectmen acting as such or the committee 
of the town provided for in this section, as the case may be. 



Acts, 1945. — Chap. 303. 

Section 6. Any person injured in his property by any 
action of said board of sewer commissioners under this act 
may recover damages from said town under said chapter 
seventy-nine. 

Section 7. The town shall, b.y vote, determine what 
proportion of the cost of said system or s\^stems of sewerage 
and sewage disposal the town sliall pay; provided, that it 
shall pay not less than one fourth nor more than two thirds 
of the whole cost. In providing for the payment of the re- 
maining portion of the cost of said system or systems or for 
the use of said system or systems, the town may avail itself 
of any or all of the methods permitted by general laws, and 
the provisions of said general laws relative to the assessment, 
apportionment, division, reassessment, abatement and col- 
lection of sewer assessments, to liens th(u-(^for and to inter- 
est thereon shall apply to assessments made under this act, 
except that interest shall be at the rate of six per cent per 
annum. 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 re- 
maining portion of said cost shall be provided for. The col- 
lector of taxes of said town shall certify the payment or 
payments of such assessments or apportionments thereof 
to the sewer commissioners, or to the selectmen acting as such, 
who shall preserve a record thereof. 

Section 8. For the purpose of paying the necessaiy 
expenses and liabilities incurred under this act, the town may 
borrow^ such sums as may be necessary, not exceeding, in the 
aggregate, three hundred and fift}^ thousand dollars, and 
may issue bonds or notes therefor, which shall bear on their 
face the words, Lee Sewerage Loan, Act of 1945. Each 
authorized issue shall constitute a separate loan. Indebted- 
ness incurred under this act shall be in excess of the statu- 
tory limit, but shall, except as provided herein, be subject to 
chapter forty-four of the General Laws. 

Section 9. The receipts from sewer assessments and 
from payments made in lieu thereof shall be applied to the 
pajanent of charges and expenses incident to the mainte- 
nance and operation of said system of sewerage and sewage 
disposal or to the extension thereof, to the payment of inter- 
est upon bonds or notes issued for sewer purposes or to the 
payment or redemption of such bonds or notes. 

Section 10. Said board of sewer commissioners may 
annually appoint a clerk and may appoint a superintendent 
of sewers who shall not be a member of the board, and shall 
define their duties. It may remove the clerk or superin- 
tendent at its pleasure. Said board may, in its discretion, 
prescribe for the users of said sewer systems such annual 
rentals or charges based upon the benefits derived therefrom 
as it ma3^ deem proper, subject however to such rules and 
regulations as may be fixed by vote of the town. 

Section 11. AH contracts made by the board of sewer 
commissioners shall be made in the name of the town and 



Acts, 1945. — Chap. 304. 253 

shall be signed by l,be board, but no contract, shall be raadp 
or obligation incurred by said board for any purpose in 
excess of the amount of money appropriated by the town 
therefor. 

Section 12. Said board may, from time to time, pre- 
scribe rules and regulations for the connection of estates and 
buildings with main drains and sewers, and for inspection 
of the materials, the construction, alteration and use of all 
connections and drains entering into such main drains or 
sewers, and may prescribe penalties, not exceeding twenty 
dollars, for each violation of any such rule or regulation. 
Such rules and regulations shall be published at least once 
a week for three successive weeks in some newspaper pub- 
lished in the town of Lee, if there be any, and if not, then 
in .some newspaper published in the county of Berkshire, 
and shall not take effect until such publications have been 
made. 

Section 13. No act shall be done under authority of the 
preceding sections, except in the making of surveys and other 
preliminary investigations, until the plans for said system 
of sewerage and sewage disposal have been approved by the 
state department of public health. Upon application to said 
department for its approval, it shall give a hearing, after 
due notice to the public. At such hearing, plans showing in 
detail all the work to be done in constructing said system of 
sewerage and sewage disposal shall be submitted for approval 
by said department. 

Section 14. This act shall take full effect upon its 
acceptance by vote of the majority of the voters of said town 
voting thereon at a town meeting called for the purpose 
within five years after its passage. No expenditure shall be 
made and no liability iricurred hereunder until such accept- 
ance. Approved May 12, 1945. 



An Act providing that the office of fire commis- CJiap.S()4: 
signer of the city of boston may be held by the 
chief engineer of the fire department of said 
city. 

Be it enacted, etc., as foUoivs: 

Section 1. Section ten of chapter four hundred and 
forty-nine of the acts of eighteen hundred and ninety-five 
is hereby amended by adding after the first sentence the 
following sentence: — A person holding the office of chief 
engineer may be appointed to the office of fire commissioner 
and in such case may continue to hold the office of chief 
engineer, but shall not receive more than one salary. 

Section 2. This act shall take effect upon its acceptance 
during the current year by vote of the city council of the 
city of Boston, subject to the provisions of its charter, but 
not otherwise. Approved May 12, W^o. 



254 Acts, 1945. - C^haps. 305, 306. 



Chap.'S05 An Act jncreasing the saiaries ok the members and 

THE SECRETARY OF THE LICENSINCJ BOARD FOR THE CITY 
OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and ninety-one of tlie 
acts of nineteen hundred and six is hereby amended by strik- 
ing out section two, as amended by section one of chapter 
three hundred and fifty-five of the acts of nineteen hundred 
and thirty-five, and inserting in place tliereof the following 
section: — Section 2. The amuial salary of the chairman of 
said board shall be six tliousand dollars, that of each of the 
other two members five thousand five lumdred dollars, and 
that of the secretary five thousand five hundred dollars. 
Such salaries shall be paid in monthly instalments by the 
city of Boston. Subject to the approval of the governor and 
council, said board may provide itself with rooms, convenient 
and suitable for the performance of its duties, the rent of 
whicli shall be paid by the city of Boston. Said rooms shall 
be suitably furnished and equipped, and the expense thereof 
shall be paid b}^ said city upon requisition by said board. 

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

Approved May 15, 194o. 



Chap.SOQ An Act relative to service of process upon certain 

DOMESTIC CORPORATIONS. 

Be it enacted, etc., as follows: 

EdV223''§37 Section 1. Section thirty-seven of chapter two hundred 
amended.' ' and tweuty-threc of the General Laws, as appearing in the 
Tercentenary Edition, is hereb}^ amended by striking out 
the last sentence and by adding at the end the following 
new paragraph : — ■ 
Service of In au actiou against a domestic corporation other than 

certain "^*'" oue mentioned in the preceding paragraph, service shall be 
cor"oration8. H^ade upon the president, treasurer, clerk, cashier, secretary, 
agent or other officer in charge of its business, or, if no such 
officer is found within the county, upon any member of the 
corporation. If an officer authorized to serve legal process 
makes a return on such process that, after diligent search, 
he can find no one upon whom he can lawfully make service 
as aforesaid, the court to which such process is returned 
may upon application issue an oi'der of notice to such cor- 
poration, directing it to appear and answer within a desig- 
nated period. Such order of notice shall contain an exact 
copy of the legal process referred to in the preceding sen- 
tence. The party making such application shall deliver a 
copy of such order with a fee of two dollars to the commis- 
sioner of corporations and taxation, or his deputy, or second 
deputy when acting under section six of chapter fourteen, or 
in the ofiice of said commissioner. Said commissioner shall 
forthwith cause said copy to bo forwarded by registered 



Acts, 1945. — Chap. :m. 255 

mail, return ivceipt requestod, to such (^oipuiation ;it su(-li 
address as may be designated for tlie purpose by a writinu 
signed by its president, treasurer or clerk and filed with 
said coniniissioner or if no such address lias been designated, 
to its principal place of business in the conunonwealth as 
stated in the last certificate of condition filed by it or, if no 
certificate has been filed b}- it, as stated in its articles of 
organization or any articles of amendment thereof. As soon 
as may be after such mailing by said commissioner, he shall 
transmit a certificate to the court issuing such order, stat- 
ing that he has complied with the provisions of this section, 
and shall attach thereto the return receipt or the undelivered 
copy, as the case may be. The clerk shall note upon the 
docket the name of the corporation and the address to which 
such copy was mailed b}' the connnissioner, and sliall file 
with the papers in the case the certificate of the connnis- 
sioner and the return receipt or vmdelivered co]5y, as the 
case may be, and such service shall be a sufficient service 
upon such corporation. The court in which the action is 
pending may order such continuances as may be necessary 
to aftord the cor])oration reasonable opportunity to defend 
the action. 

Section 2. This act shall (ake effect on September first KiT.-rtivc d.-ito. 
in the current year. Approved May 15, 1945. 



An Act authorizing the city of sprincfield to con- (luip.^Ol 

STRUCT flood PROTECTION WORKS ALONG THE i^[ILL RIVER. 

Be it enacted, etc., as follows: 

Section 1. The city of Si)ringfield, for the purpose of 
protecting highways and public and private property from 
damage by freshet or any flow of the J\Iill river, ma}^, bj' its 
city council, from time to time, construct dikes or other works 
on one or both banks of the Mill river from the flood pro- 
tection works, already constructed near Main street, easterly 
to the bridge over said river at Mill street, and may alter, 
widen and improve the channel of said river between the 
above specified points, and may make any changes or ex- 
tensions of the existing bridge over Mill river at Fort Pleasant 
avenue that may be needed for tliis purpose. Said i)rotection 
works may be constructed in conjunction witli any flood 
protection project of the United States of America for Mill 
river. 

Section 2. For any and all the projects authorized by 
section one, said city may take by eminent domain under 
chapter seventy-nine of the General Laws, or acquire by 
purchase or otherwise, lands, easements, rights of way, water 
rights or other property, on one or both banks of said Mill 
river, and may enter into and upon any land or way, and 
may do thereon work necessary for any such project; and 
any i)erson who is injured in his i)roperty by any act oi' said 
city under any provision of this act may recover from said 
city damages therefor under said chapter seventy-nine. 



256 Acts, 1945. — Chap. 308. 

Section 3. For the purpose of meeting appropriations 
for any or all of the projects authorized by said section one, 
the city of Springfield may use the proceeds of loans issued 
under authority of clause (7) of section seven of chapter 
forty-four of the General Laws. 

Section 4. If any limited and determinable area within 
said city receives benefit other than the general advantage 
to the community from any improvement made under author- 
ity of this act, under an order declaring the same to be done 
under the provisions of law authorizing the assessment of 
betterments, the city council of said city shall, within two 
years after the completion of such improvement, determine 
the value of such benefit or advantage to the lands within 
such area, and assess upon each parcel thereof a proportionate 
share of the cost of such improvement, including therein 
all costs for the purchase and all damages for the taking of 
lands, easements, rights of way, water rights and other prop- 
erty in order to carry out such improvement, and all other 
sums expended under authority of this act, but not exceeding 
one half of such adjudged benefit or advantage. The pro- 
visions of chapter eighty of the General Laws shall apply to 
such assessments and the collection thereof, except as other- 
wise herein provided. Approved May 15, 1945. 

Chap.SOS An Act providing for the exercise and performance 

OF THE POWERS AND DUTIES OF THE REGISTRAR OF MOTOR 
VEHICLES IN CASE OF A VACANCY IN SAID OFFICE, AND FOR 
THE VALIDITY OF CERTAIN LICENSES TO OPERATE MOTOR 
VEHICLES. 

Be it enacted, etc., as follows: 
G. L. (Ter. Scction five of chapter sixteen of the General Laws, as 

Sci! 'amended, amended by section ten of chapter five hundred and ninety- 
six of the acts of nineteen hundred and forty-one, is hereby 
further amended by adding at the end the two following 
sentences : — In the event of a vacancy in the office of regis- 
trar, his powers and duties shall be exercised and performed 
by the deputy registrar until a registrar is duly qualified. A 
license to operate motor vehicles issued by a registrar shall 
become valid upon the effective date thereof, notwithstand- 
ing the fact that the registrar who issued the same ceased to 
hold said office prior to said effective date, — so as to read 
Registrar of as follows : — Section o. The commissioner shall appoint and 
rp°pofatmint^^' ^^Y ^move, subjcct to the approval of the governor and 
of, etc. council, an official to be known as the registrar of motor 

vehicles. In the event of a vacancy in the office of registrar, 
his powers and duties shall be exercised and performed by 
the deputy registrar until a registrar is duly qualified. A 
license to operate motor vehicles issued by a registrar shall 
become valid upon the effective date thereof, notwithstand- 
ing the fact that the registrar who issued the same ceased to 
hold said office prior to said effective date. 

Approved May 15, 1945. 



Acts, 1945. — Chaps. 309, 310, 311. 257 



An Act authorizing the payment by the city of brock- Chap.SOQ 

TON OF CERTAIN SUMS OF MONEY TO THE PARENTS OF 
ROBERT H. CHRISTENSEN AND THE PARENTS OR GUARDIANS 
OF OTHER MINORS OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton may pay to the parents 
of Robert W. Christensen of Brockton, a minor who was 
seriously injured on September thirtieth, nineteen hundred 
and forty-three, by the breaking of a raihng at the Hunt- 
ington school in said city, a sum not exceeding twenty-five 
hundred dollars in full compensation for medical, hospital 
and other expenses and damages on account of said injuries. 

Section 2. Said city may pay to the parents or guard- 
ian of any other minor who was seriously injured on said 
September thirtieth by the breaking of a railing at said 
school, a sum not exceeding fifty dollars in full compensa- 
tion for medical, hospital and other expenses and damages 
on account of said injuries of such minor. 

Section 3. This act shall take full effect upon its accept- 
ance during the current year by vote of the city council of 
said city, subject to the provisions of its charter, but not 
otherwise. Approved May 15, 19Ij.5. 



An Act relative to the right to vote in the case of nu„^ oin 

MALE PERSONS WHOSE NAMES HAVE BEEN CHANGED BY ^ ^ 
DECREE OF COURT. 

Be it enacted, etc., as follows: 

Chapter fifty-one of the General Laws is hereby amended S%^- (^''J^ 
by striking out section two, as amended by section three of etc!, 'amended, 
chapter two hundred and fifty-four of the acts of nineteen 
liundred and thirty-three, and inserting in place thereof the 
following section : — Section 2. If the name of a person who vote by 
is duly registered as a voter is changed by decree of court, ^amrhrs^Clen 
or, if a female, by marriage, his or her right to vote in his changed. 
or her former name shall continue until January first next 
following. Approved May 21, 1945. 

An Act relative to the commitment to the veterans Qjidjy ^W 

ADMINISTRATION OR OTHER AGENCIES OF THE UNITED 
STATES GOVERNMENT OF CERTAIN WAR VETERANS FOR 
CARE AND TREATMENT. 

Be it enacted, etc., as follows: 

Chapter one hundred and twenty-three of the General G^L.(Ter^^^ 
Laws is hereby amended by inserting after section twenty, § 2bA, added, 
as appearing in the Tercentenary Edition, the following new commitment 
section: — Section 20 A. (1) Whenever, in any proceeding °eteranrt^" 
under the laws of this commonwealth for the commitment ^°^P^*^*'^^jf^*'- 
of a person alleged to be of unsound mind or otherwise in treatment. 
need of confinement in a hospital or other institution for his 



258 Acts, 1945. — Chap. 311. 

proper care, it is determined after such adjudication of the 
status of such person as may be required by law that com- 
mitment to a hospital for mental disease or other institution 
is necessary for safekeeping or treatment and it appears 
that such person is eligible for care or treatment b}' said 
Veterans Administration or other agency of the United 
States government, the court, upon receipt of a certificate 
from said A'eterans Administration or such other agency 
showing that facilities are available and that such person is 
eligible for care or treatment therein, may commit such 
person to said A'eterans Administration or other agency. 
The person whose commitment is sought shall be personally 
served with such notice of the pending commitment proceed- 
ings as is required, and in such manner as is provided, by 
the laws of this commonwealth ; and nothing in this section 
shall affect his right to appear and be heard in the proceed- 
ings. Upon commitment, such person, when admitted to 
any facility operated by any such agency within or without 
this commonwealth shall be subject to the rules and regula- 
tions of said Vetei'ans Administration or other agency in so 
far as they are not inconsistent with the rules of the depart- 
ment. The chief officer of any facility of said Veterans Ad- 
ministration or institution operated by any other agency of 
the United States to which the person is so committed shall 
with respect to such person be vested with the same powers 
and duties as the department with respect to retention of 
custody, transfer, parole or discharge. Jurisdiction is re- 
tained in the committing or other appropriate court of this 
commonwealth at any time to inquire into the mental con- 
dition of the person so committed, and to determine the 
necessity for continuance of his restraint, and all commit- 
ments pursuant to this section are so conditioned. 

(2) The judgment or order of commitment by a court of 
competent jurisdiction of another state or of the District of 
Columbia, committing a person to said Veterans Adminis- 
tration or other agencj^ of the United States government for 
care or treatment shall have the same force and effect as to 
the committed person while in this commonwealth as in the 
jurisdiction in which is situated the court entering the judg- 
ment or making the order; and the courts of the commit- 
ting state, or of the District of Columbia, shall be deemed 
to have retained jurisdiction of the person so committed for 
the purpose of inquii'ing into the mental condition of such 
person, and of determining the necessity for continuanc(! of 
his restraint as is provided in subsection (1) of this section 
with respect to persons committed by the courts of this com- 
monwealth. Consent is hereby given to the application of 
the law of the committing state or district in respect to the 
authority of the chief officer of any facihty of said Veterans 
Administration or of any institution operated in this com- 
monwealth by any other agency- of tlie United States to 
retain custody of, or transfer, parole or discharge, the com- 
mitted person. 



Acts, 1945. — Chap. 312. 259 

(3) Except as provided in section twenty-one, upon re- 
ceipt of a certificate of said Veterans Administration or such 
other agenc}' of the United States that facihties are avail- 
able for the care or treatment of any person committed 
prior to the effective date of this section to any hospital for 
the insane or other institution for the care or treatment of 
persons similar!}' afflicted and that such person is eligible 
for care or treatment, the department or the committing 
court may cause the transfer of such person to said Veter- 
ans Administration or other agency of the United States for 
care or treatment. Upon effecting any such transfer, the 
committing court or proper officer thereof shall be notified 
thereof by the transferring agency. No person shall be 
transferred to said Veterans Administration or other agency 
of the United States if he is confined pursuant to conviction 
of any felony or misdemeanor or if he has been acquitted of 
the charge solely on the ground of insanity, unless prior to 
transfer the court or other authority originally committing 
such person shall enter an order for such transfer after ap- 
propriate motion and hearing. Any person transferred as 
provided in this subsection shall be deemed to be committed 
to said Veterans Administration or other agency of the 
United States pursuant to the original commitment. 

Approved May 21, 19Jj.o. 



An Act relative to the powers of the general elec- ('}\ar).^\2 

TRIC MUTUAL BENEFIT ASSOCIATION AUTHORIZING IT TO 
PAY FURTHER BENEFITS TO ITS MEMBERS AND THEIR DE- 
PENDENT WIVES AND CHILDREN. 

He it enacted, etc, as follows: 

Section 1. Chapter one hundred and fifty-one of the 
acts of nineteen hundred and twentj^ is hereby amended 
by striking out section one and inserting in place thereof 
the following section : — Section 1 . The General Electric 
Mutual Benefit Association, now or hereafter operating in 
any of the plants of the General Electric Company, or of 
the Warren Telechron Company, the General Electric X-Ray 
Corporation, the General Electric Supply Corporation, the 
General Electric Credit ( 'orporation, the Edison General 
Electric Apphance Company, Inc., the Carboloy Company, 
Inc. and the Trumbull Electric Mfg. Co., is hereby exempted 
from all provisions of the insurance laws of the common- 
wealth and from the provisions of chapter one hundred and 
seventy-six of the Genei'al Laws and all acts in amendment 
thereof and in addition thereto. 

Section 2. Said cliapter one hundred and fifty-one is 
hereby further amended by striking out sections two, three 
and four, as amended, and inserting in place thereof the fol- 
lowing section : — Section 2. Said association may afford 
relief, subject to such conditions as may be fixed by its by- 
laws, to its members for disability caused by sickness and 



26U 



Acts, 1945. — Chap. 313. 



accident and to its members and their dependent wives, 
liusbands, parents and children under eigiiteen for hospital 
or surgical expenses, or both, not exceeding a total of eight 
hundred dollars in any twelve consecutive months, and in 
addition may pay death or funeral benefits for its members 
not exceeding three hundred dollars in any one case, but ex- 
cept as aforesaid shall not engage in the business of insurance. 

Approved May 21, 1945. 



C7?ay?.313 ^^ ^^^ relative to group annuity contracts. 



G. L. (Ter. 
Ed.). 175, new 
§§ 132A-]32E, 
added. 

Group annuity 

oontracts 

defined. 



" Employees' 
defined. 



"Annuitant' 
defined. 



" Holder 
defined. 



Issuance of 

contracts 

regulated. 

Form and 
contents of 
contract. 



Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-five of 
the General Laws is hereby amended by insertuig after sec- 
tion one hundred and thirty-two, as amended, the five fol- 
lowing sections: — Section 132 A. A group annuity contract 
is hereby defined to be a contract issued by a company (a) 
to a person, firm or corporation, as employer, and providing 
for the payment of annuities on all of his or its employees 
or any specified class or classes thereof, and which requires 
that the considerations or stipulated payments shall be paid 
by the employer or by the employer and the employees 
jointly; or (6) to a trustee or trustees appomted under an 
agreement executed by a person, firm or corporation as em- 
ployer to admmister a plan of annuities or a plan of annuities 
and other benefits, which permits all his or its employees or 
any specified class or classes thereof to become amiuitants 
and whicli requires that the considerations or stipulated pay- 
ments shall be paid either by the employer, or by the em- 
ployer and his employees jointly, or with gifts or other vol- 
untary contributions received by such trustee or trustees. 

The word "employees", as used in this section, shall in- 
clude retired emploj^ees and officers and managers of any 
employer and, in the case of a corporation, the employees 
of its subsidiary or affiliated corporations, and the individual 
proprietors, partners and employees of affiliated individuals 
and firms controlled by the holder through stock ownership, 
contract or otherwise. 

The word "annuitant", as used in this section and sec- 
tions one hundred and thirty-two B and one hundred 
and thirty-two C, shall mean any person on whose life an 
annuity is payable under a group annuity contract. 

The word "holder", as used in this section and sections 
one hundred and thirty-two B and one hundred and thirty- 
two D, shall mean the person, firm, trustee or trustees, or 
corporation, to whom or to which a group annuity contract 
is issued. 

Section 132B. No group annuity contract shall be issued 
or delivered in the commonwealth, except as provided in 
section one hundred and thirty-two A, nor until a copy of 
the form thereof has been on file for thirty days with the 
commissioner unless before the expiration of such thirty 



Acts, 1945. — Chap. 313. . 261 

days he shall have approved in writing the form of the con- 
tract; nor if the commissioner notifies the company in 
writing within said thirty days that in his opinion the form 
of the contract does not comply with the laws of the com- 
monwealth, specifying his reasons therefor; provided, that 
such action of the commissioner shall be subject to review 
by the supreme judicial court; nor shall any such contract 
be so issued or delivered unless it contains in substance the 
following provisions : — 

1. That the holder is entitled to thirty days of grace 
within which the payment of any considerations or stipu- 
lated payments falhng due on the contract after one year 
from its date of issue may be made, subject, at the option 
of the company, to an interest charge at a rate, to be speci- 
fied in the contract, not exceeding six per cent per annum 
for the number of days of grace elapsing before payment of 
the considerations or stipulated payments. 

2. That (1) the contract, or (2) a provision that the con- 
tract and the application of the holder, a copy of which shall 
be attached thereto, or (3) a provision that the contract and 
the apphcation of the holder, a copy of which shall be at- 
tached thereto, and the individual applications of the an- 
nuitants filed with the company and referred to in the con- 
tract, shall constitute the entire agreement between the 
parties. 

3. That if the sex, age, service, salary or any other fact 
affecting the amount of any considerations or stipulated 
payments payable to the company or the amount or the date 
or dates of payment of any benefits with respect to any an- 
nuitant has been misstated, the considerations or stipulated 
payments, or the benefits, or both, shall be the amount which 
would have been payable if such fact or facts had not been 
misstated, and that, in no case, shall the company be liable 
to pay any greater benefit with respect to any annuitant 
than that which would be payable on the basis of the true 
facts and the actual considerations or stipulated payments 
received by the company. 

4. That in case of the termination, otherwise than by 
death, of the employment of an annuitant or the discontin- 
uance of the payment of considerations or stipulated pay- 
ments under the contract, an annuitant who contributes to 
such considerations or payments shall be entitled to a paid- 
up annuity, pa3^able commencing on a fixed date, based upon 
the same mortality table, rate of interest and loading formula 
used by the company in computing such considerations or 
payments ; that such annuity shall be for an amount at least 
equal to that purchased by the contributions of the annui- 
tant, determined as of the respective dates of payment of 
his several contributions, as shown by a schedule which shall 
be included in the contract; that, if the amount of such 
paid-up annuity is less than sixty dollars annually, the com- 
pany may, at its option, in heu of such paid-up annuity, pay 
as a cash surrender value an amount at least equal to ninety- 



262 Acts, 1945. — Chap. 313. 

six per ceni, of Hie aggregate M?iioimt of the atinuitanl's ron- 
tribntions, without interest, and that such value may be 
paid either in a single sum or in equal instalments over a 
period of not more than twelve months; and that, in case 
of the death of the annuitant prior to the commencement 
date of the annuity, the company shall pay a death benefit 
at least equal to the aggregate amount of the annuitant's 
contributions, without interest, but not exceeding the aggre- 
gate amount of the considerations or stipulated pa^Tiients 
made to the company on account of the annuitant, with 
interest. 

5. That the company will issue to the holder of the con- 
tract, for delivery to each annuitant who contributes to the 
considerations or stipulated payments thereunder, an indi- 
vidual certificate setting forth a summary of the benefits to 
which he is entitled under the contract. 

6. That, in the case of a participating contract, any divi- 
dend or dividends apportioned thereunder by the company 
shall be paid in cash to the holder for his or its own benefit; 
or a provision that any such dividend or dividends shall be 
applied in reduction of the considerations or stipulated pay- 
ments, or portion thereof, paid or payable by the holder; or 
a provision that any such dividend or dividends may be 
paid in cash or applied, as aforesaid. 

7. That, in case of a non-participating contract that pro- 
vides for experience rating credits, any such credit or credits 
which may be allowed Iw the company shall be paid in cash 
to the holder of the contract for his or its own benefit; or a 
provision that any such credit or credits shall be applied in 
reduction of the considerations or stipulated payments, or 
portion thereof, paid by the holder ; or a provision that any 
such credit or credits may be paid in cash or applied, as 
aforesaid. 

Any such contract may, at the option of the company, 
provide that, in case of the termination, otherwise than by 
death, of the employment of an annuitant or the discontin- 
uance of the payment of considerations or stipulated pay- 
ments therevmder, benefits shall be payable to the holder, 
and, in such a case, the contract shall specify the nature and 
the basis of the ascertainment of any such benefits. 

Any such contract may, by mutual agreement of the com- 
pany and the holder, contain any provision which is required 
or authorized ])y, or is necessary to conform the contract to, 
or to give the holder the benefit of, any federal statute or 
any rule or regulation of the United States Treasury Depart- 
ment. 

Provisions numbered 3 and 4, and no other such provision, 
shall be required to be contained in substance in the certifi- 
cate mentioned in provision numbered 5. 

A group annuity contract, and any certificate issued 
thereunder, shall be deemed to contain in substance any 
provision required by this section when in the opinion of the 
commissioner the provision is stated in terms more favor- 



Acts, 1945. — Chap. 313. 263 



ablfi to the annuitants or not Ifss favorablp to the annuitants 
and more favorable to the holder. 

Secti07i 132C. No group annuity contract, nor the pro- Exemption 
ceeds or benefits thereof, shall be liable, either before or [n°™t,''"n*"^' 
after payment, to be seized, taken, appropriated or applied 
by any legal or equitable process or operation of law to pay 
any debt or liabilities of the anrmitant or his beneficiary or 
an}'- other person having any right thereunder; nor shall 
the benefits or proceeds upon the death of an annuitant, 
when not made payable to a beneficiar}'-, constitute a part 
of the estate of the annuitant for the payment of his debts. 

Section 1820. Under any group annuit}^ contract issued Holder to i... 
by a domestic mutual life company, the holder only shall be "ompa^I.v? 
a member of the company, and entitled to one vote by virtue ^■''''"• 
of such contract at the meetings of the company. 

Section 132E. The term "annuity" or "annuity con- Terms ^ 
tract" when used in this chapter, except in sections one "annuity co°n- 
hundred and twenty-nine, one hundred and thirty and one fncf define.!. 
hundred and thirty-two, shall include a group annuity con- 
tract unless the context otherwise requires or a different 
meaning is specifically prescribed. 

Section 2. Section ninety-four of said chapter one hun- g. l. (Ter. 
dred and seventy-five, as amended, is hereby further amended ntlameAded^' 
by striking out the first paragraph, as most recently amended 
by section two of chapter five hundred and thirty-two of the 
acts of nineteen hundred and forty-three, and inserting in 
place thereof the following paragraph : — 

Except as provided in this section and in sections thirty- Mutual life 
six, one hundred and thirty-two D and one hundred and menfC^^reto. 
thirty-seven, everj'- person insured under a policy of life or 
endowment insurance issued by a domestic mutual life com- 
pany shall be a member thereof and entitled to one vote, 
and one vote additional for each five thousand dollars of in- 
surance in excess of the first five thousand dollars, every per- 
son holding an annuity or pure endowment contract issued 
by any such company shall l)e a member thereof and entitled 
to one vote and, in the case of an annuity 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 contracts shall be notified of the 
annual meetings of the company'- by written notice, or by an 
imprint in the form prescribed by section seventy-six upon 
the filing back of its policies or contracts, or, in the case of 
policies upon which premiums are payable monthly or of- 
tener, on some other prominent place on each policy, and also 
upon premium receipts or certificates of renewal. 

Section 3. Section one himdred and forty-four of said gi;, ^- lyg*""- 
chapter one hundred and seventy-five, as most recently § 144. etJ.. 
amended by section three of chapter two hundred and •""''"'*^'^ 



264 Acts, 1945. — Chap. 314. 

twenty-seven of the acts of nineteen hundred and forty- 
three, is hereby further amended by adding at the end 
thereof the following new subdivision : ~ 
apply to^cer-" ^^- Nothing in this section shall apply to group annuity 
tain group contracts as defined in section one hundred and thirty-two A. 
!^onSs Section 4. The provisions of section one hundred and 

forty-four of said chapter one hundred and seventy-five, as 
in force immediately prior to the effective date of chapter 
two hundred and twenty-seven of the acts of nineteen hun- 
dred and forty-three, shall not apply to group annuity con- 
tracts as defined in section one of this act. 

Section 5. The provisions of this act shall apply only 
to group annuity contracts as defined in section one of this 
act, issued or delivered in the commonwealth after the effec- 
tive date of this act, but any life insurance company may. 
upon the request of the holder of any group annuity con- 
tract issued prior to said date, whether or not it is a group 
annuity contract as defined in said section one, amend such 
contract to incorporate therein in substance any provision 
or provisions mentioned in said section one. 

Approved May 21, 1945. 



Chap. 314: An Act establishing the dennis south water district 

IN the town of DENNIS. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Dennis, 
liable to taxation in said town and residing within the 
territory comprised within the following boundary lines, to 
wit : — beginning at the intersection of the boundary line 
between the town of Dennis and the town of Harwich with 
Nantucket sound and running westerly by Nantucket 
sound to the boundary line between the town of Dennis and 
the town of Yarmouth, located in Bass river; and thence 
northerlj^ b}^ the boundary line between the town of Dennis 
and the town of Yarmouth to the center line of Setucket 
road; and thence turning and running easterly by the 
center line of Setucket road to the boundary line between 
the town of Dennis and the town of Brewster; and thence 
turning and running southerly by the boundary line between 
the town of Dennis and the town of Brewster to the center 
line of Airline road; and thence southerly b}^ the center line 
of Airhne road to the center line of Old Chatham road; and 
thence turning and running southeasterly by the center 
line of Old Chatham road to the boundary line between the 
town of Dennis and the town of Harwich ; and thence turn- 
ing and running southerly by the boundary fine between 
the town of Dennis and the town of Harwich to Nantucket 
sound, the point of beginning, — shall constitute a water 
district and are hereby made a body corporate by the name 
of the Dennis South Water District, hereinafter called the 
district, for the purpose of supplying themselves with water 



Acts, 1945. — Chap. 314. 265 

for the extinguishment of fires and for domestic and other 
purposes, with power to establish fountains and hydrants 
and to relocate and discontinue the same, to regulate the 
use of such water and to fix and collect rates to be paid 
therefor, and for the purposes of assessing and raising taxes 
as provided herein for the payment of such services, and for 
defraying the necessary expenses of carrying on the business 
of said district, subject to all general laws now or hereafter 
in force relating to such districts, except as otherwise pro- 
vided herein. The district shall have power to prosecute 
and defend all actions relating to its property and affairs. 

Section 2. For tlie purposes aforesaid, the district, 
acting by and through its board of water commissioners 
hereinafter provided for, may contract with any munici- 
pality, acting through its water department, or with any 
water company, or with any water district, for whatever 
water may be required, authority to furnish the same being 
hereby granted, and may take by eminent domain under 
chapter seventy-nine or chapter eighty A of the General 
Laws, or acquire by lease, purchase or otherwise, and hold, 
the waters, or any portion thereof, of any pond, spring or 
stream, or of any ground sources of supply by means of 
driven, artesian or other wells, within the town of Dennis 
not already appropriated for the purposes of a public sup- 
ply, and the water and flowage rights connected with any 
such water sources; and for said purposes may take as 
aforesaid, or acquire by purchase or otherwise, and hold, 
all lands, rights of wa,y and other easements necessary for 
collecting, storing, holding, purifying and preserving the 
purity of the water and for conveying the same to any part 
of said district; provided, that no source of water supply 
or lands necessary for preserving the quality of the water 
shall be so taken or used without first obtaining the advice 
and approval of the department of public health, and that 
the location and arrangement of all dams, reservoirs, springs, 
wells, pumping, purification and filtration plants and such 
other isvorks as may be necessary' in carrying out the pro- 
visions of this act shall be subject to the approval of said 
department. The district may construct and maintain on 
the lands acquired and held imder this act proper dams, 
wells, springs, reservoirs, standpipes, tanks, pumping plants, 
buildings, fixtures and other structures including also the 
establishment and maintenance of filter beds and purifica- 
tion works or systems, and ma}' make excavations, procure 
and operate machiner>^ and provide such other means and 
appliances, and do such other things as may be necessary 
for the establishment and maintenance of complete and 
effective water works; and for that purpose may construct 
pipe lines, wells and reservoirs and establish pumping Vv'orks, 
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 wa3'S, in said town, in such manner as not 



266 Acts, 1945. — Chap. 314. 

unnecessarily to obstruct the same; and for the purposes of 
constructing, laying, maintaining, operating and repairing 
such aqueducts, conduits, pipes and other works, and for all 
proper purposes of this act, the district may dig up or raise 
and embank any such lands, highways or other ways in 
such manner as to cause the least hindrance to public travel 
on such ways; provided, that the manner in which all things 
are done upon any such way shall be subject to the direction 
of the selectmen of the town of Dennis. The district shall 
not enter upon, or construct or lay any conduit, pipe or 
other works within, the location of any railroad corporation 
except at such time and in such manner as it may agree 
upon with such corporation, or, in case of failure so to agree, 
as may be approved by the department of public utilities. 
The district may enter upon any lands for the purpose of 
making surveys, test wells or pits and borings, and may 
take or otherwise acquire the right to occupy temporarily 
any lands necessary for the construction of any work or 
for any other purpose authorized by this act. 

Section 3. Any person sustaining damages in his prop- 
erty by any taking under this act or any other thing done 
under authority thereof may recover such damages from 
the district under said chapter seventy-nine or said chapter 
eighty A; but the right to damages for the taking of any 
water, water right or water source, or for any injury thereto, 
shall not vest until water is actually withdrawn or diverted 
under authority of this act. 

Section 4. For the purpose of paying the necessary ex- 
penses and liabilities incurred under this act, other than 
expenses of maintenance and operation, the district may 
borrow from time to time such sums as may be necessary, 
not exceeding, in the aggregate, three hundred and fiftj' 
thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Dennis South 
Watei- District Loan, Act of 1945. Each authorized issue 
shall constitute a separate loan, and such loans shall be 
payable in not more than thirty years from their dates. 
Indebtedness incurred under this act shall be subject to the 
provisions of chapter forty-four of the General Laws per- 
taining to such districts. 

Section 5. The district shall, at the time of authorizing 
said loan or loans, provide for the paym(nit thereof in ac- 
cordance with section four of this act; and, when a vote to 
that effect has been passed, a sum which, with the income 
derived from water rates, will be sufficient to pay the an- 
nual expense of operating its water works and the interest 
as it accrues on the bonds or notes issued as aforesaid by 
the district, and to make such payments on the principal as 
may be i-equired under this act, shall without further vote 
be assessed upon the district by the assessors of said town 
of Dennis annually thereafter until the debt incurred by 
said loan or loans is extinguished. 

Section 6. Any land taken or acquired under this act 



Acts, 1945. — Chap. 314. 267 

shall be managed, improved and controlled by the board of 
watei- commissioners hereinaft<M- provided for, in such man- 
ner as they shall deem for the best interest of the district. 
All authority vested in said board by this section shall be 
subject to section nine. 

Section 7. Whenever a tax is duly voted by the dis- 
trict for the purposes of this act, the clerk shall send a certi- 
fied copy of the vote to the assessors of said town, who shall 
assess the same on property within the district in the same 
manner in all respects in which town taxes are required by 
law to be assessed; provided, that no estate shall be subject 
to any tax assessed on account of the system of water sup- 
ply under this act if, in the judgment of the board of water 
commissioners hereinafter provided for, after a hearing, due 
noticp whereof shall have been given, such estate is so situ- 
ated that it can leceive 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; l)ut all other estates in the district shall be deemed 
to be benefited and shall be subject to such tax. A certified 
list of the estates exempt from taxation under the provisions 
of this section shall annually be sent by said board of water 
commissioners to said assessors, at the same time at which 
the clerk shall send a certified copy of the vote as aforesaid. 
The assessment shall be committed to the town collector, 
who shall collect said tax in the manner provided by law for 
the collection of town taxes, and shall deposit the proceeds 
thereof wnth the district treasurer for the use and benefit of 
the district. The district may collect interest on overdue 
taxes in the manner in which interest is authorized to be 
collected on town taxes. 

Section 8. Any meeting of the voters of the territory 
included within the boundaries set forth in section one to 
be held prior to the acceptances of this act, and any meeting 
of the vot(TS of the district to be held prior to the qualifica- 
tion of a majority of the water commissioners, shall be 
called, on petition of ten or more legal voters therein, by a 
warrant from the selectmen of said town, or from a justice 
of the peace, directed to one of the petitioners, requiring 
him to give notice of the meeting by posting copies of the 
warrant in two or more public places in the district seven 
days at least before the time of the meeting. Such justice 
of the peace, or one of the selectmen, shall preside at such 
meeting until a clerk is chosen and sworn, and the clerk shall 
preside until a nKMleiator is chosen. At any meeting held 
hereunder prior to the acceptance of this act, after the 
choice of a modei-ator for the meeting the question of the 
acceptance of this act shall be submitted to the voters, and 
if it is accepted l)y a majority of the votei-s present and 
voting thereon it shall thereupon take effect, and the meet- 
ing may then proceed to act on the other articles in the 



268 Acts, 1945. — Chap. 314. 

warrant. After the qualification of a majority of the water 
(commissioners, meetings of the district shall be called by 
warrant under their hands, unless some other method be 
provided b}^ by-law or vote of the district. 

Section 9. The district shall, after the acceptance of 
this act as aforesaid, elect by ballot, either at the same 
meeting at which this act shall have been accepted; or there- 
after, at an annual meeting or at a special meeting called 
foi' the purpose, three persons, inhabitants of and voters in 
said district, to hold office, one until the expiration of three 
years, one until the expiration of two years, and one until 
the expiration of one year, from the day of the next suc- 
ceeding annual district meeting, to constitute a board of 
water commissioners; and at every annual district meeting 
following such next succeeding annual district meeting one 
such commissioner shall be elected by ballot for the term of 
three years. The date of the next annual meeting shall be 
fixed by by-law or by vote of the board of water commis- 
sioners, but in no event shall it be later than fifteen months 
subsequent to the date on which the water commissioners 
were first elected. All the authority granted to said district 
by this act, except sections four and five, and not otherwise 
specifically provided for, shall be vested in said board of 
water commissioners, who shall be subject, however, to such 
instructions, rules and regulations as the district may by 
vote impose. At the meeting at which said water commis- 
sioners are first elected and at each annual district meeting 
held thereafter, the district shall elect by ballot, each for a 
term of one year, a clerk and a treasurer of the district. 
The treasurer shall not be a water commissioner, and shall 
give bond to the district in such an amount as may be ap- 
proved by said water commissioners and with a surety 
company authorized to transact business in the common- 
wealth as surety. A majority of said water commissioners 
shall constitute a quorum for the transaction of bu.siness. 
Any vacancy occiu-ring in said board from any cause may be 
filled for the remainder of the unexpired term by said dis- 
trict at any legal meeting called for the purpose. No money 
shall be drawn from the; treasury of the district on account 
of its water works except upon a written order of said water 
commissioners or a majority of them. 

Section 10. Said board of water commissioners shall fix 
just and equitable prices and rates for the use of water, and 
shall prescribe the time and manner of payment. The in- 
come of the water works shall be appropriated to defray all 
operating expenses, interest charges and payments on the 
principal as they shall accrue upon any bonds or notes 
issued under authority of this act. If there should be a net 
surplus remaining after providing for the aforesaid charges, 
it may be appropriated for such new construction as said 
water commissioners may recommend, and in case a sur- 
plus should remain after payment for such new construc- 
tion the water rates shall be reduced proportionately. Said 



Acts, 1945. — Chap. 314. 269 

water commissioners shall annually, and as often as the 
district may require, render a report upon the condition of 
the works under their charge, and an account of their doings, 
including an account of receipts and expenditures. 

Section 11. The district may adopt by-laws, prescrib- 
ing by whom and how meetings of the district may be 
called, notified, and conducted; and, upon the application 
of ten or more legal voters in the district, meetings may 
also be called by warrant as provided in section eight. The 
district may also establish rules and regulations for the 
management of its water works, not inconsistent with this 
act or with any other provision of law, and may choose such 
other officers not provided for in this act as it may deem 
necessary or proper. 

Section 12. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water obtained or supplied under 
this act, or wilfully or wantonly injures any reservoir, well, 
standpipe, aqueduct, pipe or other property owned or used 
by the district for any of the purposes of this act, shall for- 
feit and pay to the district three times the amount of dam- 
ages assessed therefor, to be recovered in an action of tort, 
and upon conviction of any of the above wilful or wanton 
acts shall be punished by a fine of not more than three hun- 
dred dollars or by imprisonment for not more than one 
.year, or both. 

ECTiON 13. Upon a petition in writing addressed to 
said board of water commissioners requesting that certain 
real estate, accurately described therein, located in said 
town and abutting on said district and not otherwise served 
by a public water supply be included within the hmits 
thereof, and signed by the owners of such real estate, or a 
major portion of such real estate, said water commissioners 
shall cause a duly warned meeting of the district to be 
called, at which meeting the voters may vote on the ques- 
tion of including said real estate within the district. If a 
majority of the voters present and voting thereon vote in 
the affirmative the district clerk shall within ten days file 
with the town clerk of said town and with the state secre- 
tary an attested copy of said petition and vote; and there- 
upon said real estate shall become and be part of the district 
and shall be holden under this act in the same manner and 
to the same extent as the real estate described in section one. 

Section 14. If the act establishing the Dennis Water 
District, passed by the general court in the current year, 
being chapter two hundred and seventy-seven of the acts 
of nineteen hundred and forty-five, is not accepted by a 
majority vote of the voters of the territory included within 
said district before January first, nineteen hundred and 
forty-six, as provided in section fourteen of said act, then 
this act shall take full effect upon its acceptance by a ma- 
jority vote of th(i voters ol the territor}' included within the 
district established by SL'ctiou one of this act present and 
yotinK thereon, by the use of the check list, at a district 



270 Acts, 1945. — Chap. 315. 

meeting called, in accordance with section eight of this act 
on or after January first, nineteen hundred and forty-six, 
but not later than January first, nineteen hundred and 
fifty; but not otherwise. Approved May 21, 194o. 



itrs. 



C/uif).'S\5 An Act relative to the skining of petitions for re- 
counts OF VOTES. 

Be it enacted, etc., as follows: 

[■>i.KM.'§i :}."). Section one hundred and thirty-five of chapter fifty-four 
etc., itiiHnfi.d. of the General I^aws, as most recently amended by chapter 
one hundred and forty-nine of the acts of nineteen hundred 
and forty-five, is hereby further amended by striking out 
the first paragraph and inserting in place thereof the three 
sisnii.!; ..I following paragraphs: — A petition for a recount may be 
wount's of" filed with the citj'' or town clerk on or before five o'clock in 
the afternoon on the third day following a primary or pre- 
liminary election, or on or before five o'clock in the after- 
noon on the seventh day following an election, in a ward of 
a city or in a town, if ten or more voters of such ward or 
town, except a town having more than twenty-five hundred 
voters and voting by precincts and except Boston, and in 
such a town voting by precincts ten or more voters of each 
precinct in which a recount is petitioned for and in Boston 
fifty or more voters of a ward, shall sign in person as regis- 
tered, adding thereto their respective residences on the pre- 
ceding January first, or their residence when registered if 
subsequent thereto, and the place where such person is then 
living, with the street and number, if any. 

Such petition shall contain a statement, sworn to by one 
of the subscribers, that they have reason to believe and do 
believe that the records, or copies of records, made by the 
election officers of such ward or town, or of such precinct in 
a town having more than twenty-five hundred voters and 
voting by precincts, 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 wards, precincts or town will affect the nomination 
or election of one or more candidates voted for at such pri- 
mary, preliminary election or election, specifying the candi- 
date 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 petition 
and statement, and the envelopes or containers containing 
the ballots cast, sealed, to the registrars of voters. 

The registrars shall first examine the petition and state- 
ment and attach thereto a certificate^ of the nmnber of 
names of subscribers which are names of registered voters 
in such ward, precinct or town and shall then, without un- 
necessary delay, but not before the last hour for filing peti- 
tions for lecounts as aforesaid, open the envelopes or con- 
tainers, recount the l)allots cast and determine the questions 



Acts, 1945. — Chap. 316. 271 

raided, 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 
endorsee 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 re- 
covmt of vot(>s for town officers in a town where the select- 
men 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 im- 
posed by this section upon registrars of voters. 

Approved May 21, 1945. 



An Act relative to the furnishing of certain potjcies CJiap,^lQ 

OF LIABILITY INSURANCE BY SELF-INSURERS UNDER THE 
workmen's COMPENSATION LAW. 

Be it enacted, etc., as follows: 

Sub-paragraph (a) of section twenty-five A of chapter one g. l. (Ter. 
hundred and fifty-two of the General Laws, inserted by sec- §'25a^pu- . 
tion seven of chapter five hundred and twenty-nine of the •""'-"'le'i 
acts of nineteen hundred and forty-three, is hereby amended 
by striking out, in the fovu'teenth line, the word "market" 
and by inserting after the word "the" in the same line the 
word : — market, — - and by striking out, in the twenty- 
ninth line, the words "approved by the department,", — 
so as to read as follows: — 

(a) By keeping on deposit with the state treasurer in Deposits 
trust for the benefit and security of employees such amount treasurer!' 
of securities, not less in market value than ten thousand 
dollars, as may be required by the department, said securi- 
ties to be in the form of cash, bonds, stocks or other evidences 
of indebtedness as the department may require, and to be 
used, liquidated and disbursed only upon the oi'der of the 
department for the purposes of paying the benefits provided 
for by this chapter. The department shall, from 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 re- 
quire an additional deposit or further security or permit a 
decrease in the value of said deposit provided the market 
value of said deposit in no case shall be less than ten thou- 
sand 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 pay- 
able to the employer who deposited them, unless and until 
the department shall direct otherwis(\ The deposit or de- 
posits may be returned to lh(; emploj-^er if the employer shall 



272 Acts, 1945. — Chaps. 317, 318. 

insure with an insurer under subsection (1) of this section, 
or qualify as a self-insurer under sub-paragraph (b) of this 
section, or if he shall cease to transact business in the com- 
monwealth; provided, that in any case he satisfies the de- 
partment that he is not under any obligation to pay com- 
pensation under this chapter, or, if the department so 
requires, he furnishes the department with a single premium 
non-cancellable policy, securing him against any liability 
that may have arisen under this chapter. No deposit so 
deposited shall be assignable or subject to attachment or bo 
liable in any way for the debt of the self-insurer. 

Approved May 21, 1945. 



C hap. S17 An Act extending certain fishincx rights in mattakes- 

SETT creek and CRAXTUXETT COVE IN THE TOWN OF 
EDGARTOWN HERETOFORE GRANTED TO THE PROPRIETORS 
OF THE NEW MATTAKESSETT CREEKS. 

Be it enacted, etc., as folloios: 

Section 1. Section one of chapter two hundred and 
sixty-eight of the acts of nineteen hundred and thirty-five 
is hereby amended by striking out, in the fourth line, the 
word "thirty-six" and inserting in place thereof the word: 
— forty-six, — so as to read as follows: — Section 1. The 
Proprietors of the New Mattakessett Creeks, a corporation 
established by law and located in the town of Edgartown, 
for a period of ten years from February twenty-seventh, 
nineteen hundred and forty-six, may catch fish, by means 
of nets, seines, drag seines, traps or pounds, as said corpora- 
tion may determine, in Mattakessett creek and in that por- 
tion of the Great pond, so called, lying easterly of Jenkins 
Point and commonly known as Craxtuxett cove, or either 
of them, in said town; provided, that, on or before Febru- 
ary first in each of said ten years, said corporation shall pay 
to said town the sum of twenty-five dollars. 

Section 2. This act shall take effect on February twentj'-- 
seveiith, nineteen hundred and forty-six. 

Approved May 21, 1945. 

Chap. 318 An Act establishing a limit for the duration of in- 
active LICENSES of common CARRIERS OF PASSENGERS 
BY motor vehicle, IN THE ABSENCE OF CERTIFICATES OF 
PUBLIC CONVENIENCE AND NECESSITY. 

He it enacted, etc., as follows: 

EdV'i59A Section 1. Section four of chapter one hundred and 

§ 4, nmenripd. fifty-uine A 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 three fol- 
du^ition'^of"' lowing Sentences: — A license issued under this chapter on 



rertain licenses or after Novembcr first, nineteen hundred and forty-five, foi- 



Acts, 1945. — Chap. 319. 273 

operations as to which no certificate of public convenience of C9mni..t. 
and necessity under section seven is obtained within three ''^""""'' 
3^ears after the date when such license is issued by the li- 
censing authority, which in a city shall mean the date of its 
approval by the mayor, shall become null and void upon the 
expiration of said three years. Such a license issued before 
said November first under the provisions of law applicable 
thereto or under this chapter, and remaining in force on said 
date, for operations as to which such a certificate is not ob- 
tained before the expiration of five years after said Novem- 
ber first, shall become null and void upon the expiration of 
said five years. Each license so issued after July eighteenth, 
nineteen hundred and twenty-seven, for operations as to 
which such a certificate has been obtained prior to said No- 
vember first, or is obtained within three years thereafter in 
the case of a license issued on or after said November first, 
or within five years thereafter in the case of a license issued 
befoi-e said date, shall remain in force and effect as to the 
routes and for the number of vehicles specified in such li- 
cense or operated thereunder, notwithstanding any limita- 
tion contained therein as to the time it shall remain in 
effect, until revoked as hereinafter provided. 

Section 2. This act shall take effect on the first day of Etrec-tivo 
November in the current year. 

Approved May 21, 1945. 



An Act authorizing towns to enter into agreements (^JiQp 319 

FOR THE removal OF SNOW AND ICE FROM PUBLIC WAYS 
IN ADJOINING TOWNS, INCLUDING THE SANDING OF SUCH 
WAYS. 

Be it enacted, etc., asfollovjs: 

Chapter eighty-four of the General Laws is hereby o. l. (Ter. 
amended by inserting after section five the following sec- § 5a, Id'ded" 
tion: — Section 5 A. The selectmen, highway surveyor, Agreements 
highway commissioners, or other board or officer having ^f removal 

, el • (' ^ • f • i-i°* snow and 

charge of the mamtenance 01 highways in any town which ire. 
accepts this section may enter into agreements for the re- 
moval of snow or ice from, including sanding on, such public 
ways in adjoining towns as circumstances make necessary 
or convenient, and any town performing work in accordance 
with such agreement may be reimbursed for the expense 
.thereof by the town for which such work is performed from 
the regular appropriation voted for highway maintenance or 
snow removal. 

For the purposes of this section, equipment and employees 
of a town while engaged in the removal of snow or ice from, 
including sanding on, such public ways in another town in 
accordance with this section shall be deemed to be engaged 
in the service and employ of the town performing the work 
hereby authorized. Approved May 21, 1945. 



274 Acts, 1945. — Chaps. 320, 821, 822. 

Chap.'S2{) An Act aiithorizin*; thk trustees for eastern naza- 

RENE COLLEGE TO MAKE CONTRACTS TO PAY ANNUITIES 
AND VALIDATING SUCH CONTRACTS ALREADY MADE BY 
SAID CORPORATION. 

He it enacted, etc., as folio tos: 

Section 1. Trustees for Eastern Nazarene College, a 
corporation established by law in this commonwealth, may, 
in consideration of the receipt of funds to be devoted to the 
purposes for which it is incorporated, bind itself to pay 
fixed yearly sums in one or more paj'-ments each year to such 
person or persons as may be agreed upon, for a term of years 
or for the life of such person or persons. 

Section 2. Any such contracts made by said corporation 
prior to the effective date of this act, in so far as they are 
illegal for want of authoritj^ to make the same, are hereby 
validated. Approved May 2S, 1945. 



prcainl) 



Chaj>.2)2\ An Act reviving george kinnell realty company. 

Kmergonfy Whcrcas, The deferred operation of this act would delay 

the corporation revived thereby in resuming the exercise of 
its former corporate powers, 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: 

George Ivinnell Realty Company, a corporation dissolved 
by section one of chapter one hundred and seventy-nine of 
the acts of nineteen hundred and thirty-nine, is hereby 
revived, with the same powers, duties and obligations as if 
said chapter had not been passed. 

Approved iSlaij 25, 194-5. 



Chap.322 An Act relative to the retirement of certain officers 

AND inspectors IN THE DIVISION OF STATE POLICE IN 
THE DEPARTMENT OF PUBLIC SAFETY. 

Be it enacted, etc., as folloics: 
G. L. (T.'i;. Chapter thirty-two of the General Laws is hereby amended 

etc^l'amendod'. by Striking out section sixty-eight, as amended by section 
one of chapter five hundred and forty-five of the acts of 
nineteen hundred and fortj^-three, and inserting in place 
p«^nsion8 for thereof the following section : — Section 6S. Any officer or 
state polio.-. inspector of the department of public safety who first began 
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 in- 



Acts, 1945. — Chap. 323. 

spector of said department who has performed faithful serv- 
ice for the commonwealth for not loss than twenty years, 
if in the judgment of said commissioner he is incapacitated 
for further service as a member of the department, 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 
his retirement. Said commissioner may in an emergency 
call upon any person so pensioned for such temporary serv- 
ice as a member of the department 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 employ- 
ment and the rate of pension received 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 nine- 
teen hundred and twelve shall, for the purposes of this 
section, be deemed an inspector of the department of public 
safety. Approved May 25, 191^5. 



An Act relative to the disposal of obsolete and use- Chai).32'S 

LESS papers and RECORDS IN COURTS. 

He it enacted, etc., as foUoios: 

Section 1. Chapter two hundred and twenty-one of the g%l-,^J''''- 
General Laws is hereby amended by striking out section § 27Aretc., 
twenty-seven A, inserted by section three of chapter one a'"eiifio.i. 
hundred and fifty-seven of the acts of nineteen hundred and 
thirty-nine, and inserting in place thereof the following 
section: — Section 27 A. The supreme judicial court may Rules per- 
by rule or order provide for the disposal by destruction or de™ "cUon of 
otherwise of obsolete and useless papers or records which obsolete papers. 
have been filed or deposited in any court of the common- 
wealth and of obsolete and useless notes of testimony that 
have been preserved in any such court, but subject, except 
with respect to such notes, to the following requirements: — • 

(1) Any cause to which the papers relate, if they relate 
to a cause, shall have been finally disposed of for more than 
twenty years. 

(2) No original paper bearing date or known to have 
bfien filed earlier than the year eighteen hundred shall be 
destroyed. 

(3) Reasonable notice to the public shall be given before 
any such disposal is made of any paper. 

Any rule or order under authority of this section may 
provide for the method of proof in other causes of the con- 
tents of papers disposed of hereunder, and shall govern such 
proof, notwithstanding any statutory provision requiring 
any different method of proof. 

The destruction of papers relating to matters heard be- 
fore a trial justice or other magistrate, or old records of 



276 Acts, 1945. — Chap. 324. 

notaries public which are kept in any court in the common- 
wealth, is within the authority provided by this section. 

In any rule or order of the supreme judicial court under 
this section for disposal or destruction of papers preserved 
in any particular court or clerk's office or storage place, the 
action so authorized shall be subject to the supervision of 
the court in which the papers are preserved and no papers 
shall be so disposed of or destroyed without an order of 
such court, and in the case of a district court, without an 
order of the standing justice of such district court. Excep- 
tions from any general description of papers to be destroyed 
may be made at any time. In the case of the disposal or 
destruction of records or papers of county commissioners 
preserved in any court such disposal or destruction shall be 
subject to the joint supervision of the court and of the 
chairman of the county commissioners for the county. 
Effective Section 2. This act shall take effect upon its passage. 

Approved May 25, 19J^5. 



Chap. 324 An Act further extending the opportunity to cities 

AND TOWNS TO BORROW UNDER THE ACT CREATING THE 
EMERGENCY FINANCE BOARD. 

Emergency 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. 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 four hundred and thirteen of the acts of nineteen 
hundred and forty-three, 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 
aggregate, the total amount represented by tax titles taken 
or purchased by such city or town and held by it; provided, 
that such borrowing is made at any time or times prior to 
July first, nineteen hundred and forty-seven. In case of 
such approval, the treasurer of such city or town shall, 



Acts, 1945. — Chap. 324. 277 

without further vote, issue notes, with interest at such rate 
as may be fixed by the treasurer with the approval of the 
board, in the amount approved by the board, for purposes 
of sale to the commonwealth only, and said notes, upon 
their tender to the state treasurer, shall forthwith be pur- 
chased by the commonwealth at the face value thereof. 
Such notes shall be payable in not more than one year, and 
may be renewed from time to time, if authorized by the 
board, but no renewal note shall be for a period of more 
than one year, and the maturity of any loan or renewal 
shall not be later than July first, nineteen hundred and 
forty-eight. Such notes shall be general obligations of the 
city or town issuing the same, notwithstanding the fore- 
going provisions. Indebtedness incurred by a city or town 
under authority of this act shall be outside its limit of in- 
debtedness as fixed by chapter forty-four of the General 
Laws. The excess, if any, of the amount of interest pay- 
ments received by the commonwealth on account of notes 
issued by cities and towns hereunder over the cost to the 
commonwealth for interest on money borrowed under sec- 
tion five, expenses of the board, including compensation 
paid to its appointive members, and expenses of adminis- 
tration 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 here- 
under. 

Section 2. Said chapter forty-nine is hereby further 
amended by striking out section five, as most recently 
amended by section two of said chapter four hundred and 
thirteen, and inserting in place thereof the following sec- 
tion : — Section 5. The state treasurer, with the approval 
of the governor and council, may borrow from time to time, 
on the credit of the commonwealth, such sums as may be 
necessary to provide funds for loans to municipalities as 
aforesaid, and may issue and renew notes of the common- 
wealth therefor, bearing interest payable at such times and 
at such rate as shall be fixed by the state treasurer, with 
the approval of the governor and council; provided, that 
the total 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 recom- 
mend to the general court in accordance with section 3 of 
Article LXII of the amendments to the constitution of the 
commonwealth, but such notes, whether original or re- 
newal, shall be payable not later than November thirtieth, 
nineteen hundred and fifty. All notes issued under this 
section shall be signed by the state treasurer, approved by 
the governor and countersigned by the comptroller. 

A pproved May 25, 1945. 



278 Acts, 1945. — Chaps. 325, 326. 

Chap.S25 An Act postponing the issuance in the current tear 

BY THE STATE TREASURER OF WARRANTS FOR THE PAY- 
MENT BY CITIES AND TOWNS OF CERTAIN TAXES AND 
CHARGES AND POSTPONING THE PAYMENT OF SUCH WAR- 
RANTS. 

preambiT^ Whercas, The purpose of this act, which is to postpone 

assessments on certain municipahties, cannot be achieved 
unless it takes effect earher than ninety' days after it be- 
comes a 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: 

Not later than November first in the year nineteen hun- 
dred and forfy-five, the state treasurer shall send his war- 
rants under section ten of chapter five hundred and sixty- 
eight of the acts of nineteen hundred and forty-three for 
the payment of all taxes and charges which may be due 
and payable to the commonwealth as speciJically provided 
by law or as certified to him by the proper state board, 
department or commission, but not including charges under 
section nine of said chapter five hundred and sixty-eight, 
and such warrants shall require 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 November twentieth in the year 
nineteen hundred and forty-five the taxes and charges 
aforesaid, any provision of said chapter five hundred and 
sixty-eight to the contrary notwithstanding. 

Approved May 25, W^o. 



Chap.S26 An Act relative to the division of the city of Gard- 
ner INTO voting precincts IN THE CURRENT YEAR. 

Be it enacted, etc., as follows: 

Section 1. So much of section two of chapter fifty-four 
of the General Laws, as amended, as provides that " 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", shall not apply to any 
action taken by the city coimcil of the city of Gardner prior 
to June first in the current year under said section two, but 
any such action of the city council shall take effect immedi- 
ately. 

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

Approved May 25, 1945. 



Acts, 1945. — Chap. 327. 279 

An Act extending the powers of the commissioner of (^hajj.Z27 

BANKS wqTH RESPECT TO THE MASSACHUSETTS HOSPITAL 
LIFE INSURANCE COMPANY' AND FACILITATING THE REOR- 
GANIZATION THEREOF. 

lie it enacted, etc., as folio los: 

Section 1. Whenever in the opinion of the commissioner 
of banks, hereinafter called the commissioner, the Massa- 
chusetts Hospital Life Insurance Company, hereinafter 
called the corporation, requires reorganization, and a plan 
for reorganization hereunder has been approved by the com- 
missioner as fair and equitable to all persons interested and 
as being in the public interest, such plan may be carried out 
imder and subject to the provisions of this act. Any plan 
so approved shall become effective as provided in the fol- 
lowing sections. 

Section 2. The commissioner in his discretion may 
cause the fair value of the assets of the corporation to be 
ascertained and thereafter determine what, if any, reduc- 
tion, modification or variation of the claims of persons inter- 
ested in special deposits, general deposits and annuity con- 
tracts, respectively, or otherwise interested, and of any 
contracts relating thereto, must be made in order to enable 
the corporation to continue in a solvent condition and to 
enable said persons to obtain the fulfillment of their agree- 
ments as nearly as may be, or a fair equivalent therefor, 
with fairness as between the several claims and classes of 
claims, and to provide for such capital structure as the com- 
missioner deems advisable; and, in his discretion, he maj^ 
approve a plan of reorganization involving such reduction, 
modification or variation if such plan meets the conditions 
lequired for approval under section one. The commis- 
sioner may, or at his direction the corporation shall, cause 
at least thirty days' notice of such plan to be given in such 
form and manner as the commissioner may determine. After 
such plan shall have been assented to in writing by persons 
interested in such proportion of the several classes of such 
claims, and b}"- such proportion of the stockholders, as the 
commissioner and the board of directors of the corporation 
deem sufficient, but representing not less than two thirds in 
principal amount of the special deposits, of the general de- 
posits and of the annuity contracts, respectively, and not 
less than two thirds of all claims against the corporation 
other than deposits and annuity contracts and other claims 
required by the plan to be paid in full or continued as lia- 
bilities at their full amounts, and not less than a majority 
of the stock of the corporation outstanding and entitled to 
vote, the supreme judicial court for Suffolk county, on peti- 
tion of the commissioner and after due notice to the corpo- 
ration, may by decree approve such plan and authorize or 
order reduction, modification and variation of the claims of 
persons interested in special deposits, general deposits, 
annuity contracts and otherwise, and of an^ contracts rf*' 



280 Acts, 1945. — Chap. 327. 

lating thereto, in accordance with the plan of reorganization 
so as to accomplish the purposes stated in the first sentence 
of this section equitably as between the persons and classes 
of persons interested in the said deposits, contracts and 
claims; provided, that, if the holders of a majority of the 
stock of the corporation outstanding and entitled to vote 
shall not have assented to the plan, the plan may be sub- 
mitted to the court and the court may approve the same 
and authorize or order reduction, modification and variation 
as aforesaid and may make such further order with respect 
to such stock as justice and equity may require. The ap- 
proved plan of reorganization as affected by the decree of 
the court shall become effective upon the entry of such 
decree. 

Section 3. The plan may, but need not, provide for the 
establishment of funds to be administered for the benefit of 
any class or classes of claims by means of segregation of 
assets, contract, trust, obligations of or shares in corpora- 
tions, or by any other method ; and the contracts relating to 
any such claims may be modified and varied to give effect 
to this provision if authorized or ordered by the court as 
provided in section two. Without limiting the generality of 
the foregoing, provision may be made for establishing sepa- 
rate or collective trusts for deposit contracts exceeding such 
minimum amount and subject to such other conditions as 
may be prescribed in the plan. The corporation may act 
as trustee of any such trust. 

Section 4. If a plan of reorganization shall have become 
effective as provided in section two, all persons then or 
thereafter interested in special deposits, general deposits, 
annuity contracts and otherwise, and all other creditors and 
stockholders of the corporation, whether or not they shall 
have assented to such plan, shall be fully and in all respects 
subject to and bound by the provisions of such plan, and 
their rights and claims and any contracts relating thereto 
shall be treated as if such persons had assented to such plan ; 
provided, that if any person, or the legal representative of 
any person, interested in any special deposit, general deposit 
or annuitj'^ contract shall, within such reasonable time as the 
commissioner and the court allow for the purpose, notify 
the commissioner in writing of his dissent from the plan and 
of his desire to have the benefit of this section, there shall be 
set apart and held by the corporation for each such special 
deposit, general deposit or annuity contract with respect to 
which a dissent is filed, such assets of the corporation as 
the commissioner shall determine fairly represent the real- 
izable value of all interests under such deposit or contract. 
Amounts so set apart maj'^ be commingled as a single fund 
and shall in other respects be administered as the court shall 
determine to be as nearly as practicable in accordance with the 
terms of the instiuments establishing the sp(?cial deposits, 
general deposits or annuity contracts involved and shall 
orcler in its decree approving the plan; and the p(*rsons 



Acts, 1945. — Chap. 327. 281 

interested in such special deposits, general deposits and an- 
nuity contracts shall not be entitled to share in the other 
assets or income of the corporation. The valuation placed 
upon the assets of the corporation by the commissioner 
under section two and his determination under this section 
of the reahzable value of the interests under an}^ deposit or 
contract shall be final and conclusive upon all persons then 
or thereafter interested, except that the court approving the 
|)lan may review or modify such valuation or determination 
on the petition of an interested party filed within such rea- 
sonable time as the court may allow therefor after the com- 
missioner's petition for approval of the plan is filed as pro- 
vided in section two. 

Section 5. If the commissioner shall approve a plan for 
reorganization of the corporation as aforesaid, the supreme 
judicial court for Suffolk county shall on the petition of the 
commissioner appoint one or more persons to represent as 
guardian or guardians ad litem persons or classes of persons 
who may be or may become interested in special deposits, 
general deposits, annuity contracts or other claims against 
the corporation and who are minors or persons under dis- 
ability or not ascertained or not in being. The guardian or 
guardians ad litem so appointed shall have power, on behalf 
of persons or classes of persons whom they represent, to 
assent as provided in section two or to dissent or petition 
for review as provided in section four. A decree by the court 
made after such appointment shall be conclusive upon all 
persons and classes of persons for whom such guardian or 
guardians ad litem were appointed. Any person or corpo- 
ration acting as trustee, executor, administrator, guardian, 
conservator or fiduciary in any capacity, or any charitable 
or religious institution or organization, in addition to all 
other powers conferred upon them by law, shall have power 
to assent to such plan and accept the provisions thereof or 
to dissent therefrom, in accordance with the provisions of 
this act and of the plan. 

Section 6. In connection with the consummation of any 
plan of reorganization, the corporation may reduce the par 
value of its common stock to one dollar or more per share; 
and may under any general provisions of law relative to in- 
surance companies or business corporations organize one or 
more subsidiary corporations, transfer to any such subsidi- 
ary such property, and cause the subsidiary to assume or 
undertake such obligations and to issue and distribute or 
otherwise dispose of such capital stock and securities, as 
shall be provided for in the plan of reorganization and or- 
dered by the court. Any such stock or securities may be 
held by the corporation or sold or otherwise disposed of by 
it. No such stock or securities issued in connection with the 
plan shall be deemed to be securities within the meaning of 
chapter one hundred and ten A of the General Laws. 

Section 7. When any plan of reorganization becomes 
effective under authority of this act, all books, records and 



282 Acts, 1945. — (^hap. 328. 

assets of the corporation as reorganized except those belong- 
ing to the trusts hereinafter referred to shall be disposed of 
in accordance with such plan and the affairs of the corpora- 
tion shall be conducted in accordance with law and subject 
to the conditions, restrictions and limitations prescribed in 
the plan as approved by the court. Nothing in this act 
contained shall be construed to affect in anj^ way the Hospi- 
tal Life Trust established by a declaration of trust dated 
November one, nineteen hundred and thirty-three, and 
recorded in the registry of deeds for Suffolk county, or any 
other declaration of trust hereafter adopted by said corpo- 
ration pursuant to chapter two hundred and forty-eight of 
the acts of nineteen hundred and thirty-eight as amended 
hereby, or the certificates of beneficial interest now or here- 
after issued under any such declaration of trust. 

Section 8. For the purposes of the assents required by 
.section two, the term "special deposits" shall mean all in- 
struments, entitled "deposit" or otherwise entitled, issued 
by the corporation under which the corporation agrees to 
pay the principal sum without deduction for losses or to hold 
the principal sum in perpetuity; the term "annuity con- 
tracts" shall mean all instruments issued by the corporation 
under which it agrees to pay a fixed sum annually or oftener 
for a life or lives, whether or not with cash refund, and w^hich 
in effect are similar to annuities commonly issued by life in- 
surance companies; and the term "general deposits" shall 
mean all instruments, other than special deposits and an- 
nuity contracts, issued by the corporation whether entitled 
"depo.sit", "deposit in trust", "annuity in trust", "endow- 
ment in trust", or otherwise. For other purposes of this 
act and of the plan, the commissioner, with the approval of 
the court, may make such other classification and subdivi- 
sions of claims as in his opinion equity and justice may 
require, according to the nature of the respective claims. 

Section 9. The supreme judicial court, or any justice 
thereof, shall have jurisdiction in equity to enforce the pro- 
visions of sections two to eight, inclusive, and to act upon 
all appfications and in all proceedings thereunder. 

Section 10. The last sentence of section two of chapter 
two hundred and forty-eight of the acts of nineteen hundred 
and thirty-eight is hereby repealed. 

Section 11. This act shall take full effect upon its ac- 
ceptance by the Massachusetts Hospital Life Insurance 
Company, but not otherwise. Approved May 25, 191^5. 



Chap.S2S An Act liberalizing the laws relative to allowance 

OF BILLS OF EXCEPTIONS IN CIVIL C.\USES. 

Be it enacted, etc., as folio i as: 

G. L. (Ter. Section one hundred and thirteen of chapter two hundred 

fti3^'^'' ^^^ thirty-one of the General Laws, as appearing in the Ter- 

ivmended. Centenary Edition, is hereby amended by adding at the end 



Acts, 1945. — Chap. 329. 283 

the following; sentences: — The presiding justice may, if, in 
his opinion, a hill of exceptions is filed in good faith, and jus- 
tice so requires, allow such bill of exceptions although the 
excepting party or his attorney failed, through inadvertence, 
to comply wth all of the provisions of this section. If, 
through inadvertence, a party who has duly claimed excep- 
tions failed to file a bill of exceptions within said twenty 
days or within such further time as may have been allowed, 
the presiding justice may, before final judgment, upon mo- 
tion after notice and hearing, allow a bill of exceptions to 
be filed and may allow such bill of exceptions, — so as to 
read as follows: — Section 113. Exceptions may be alleged Bin of 
by any party aggrieved by an opinion, ruling, direction or fndvii""^ 
judgment of the supreme judicial court, of the superior court, '"-^'^^es. 
or of the land court, rendered upon any matter of law in 
any civil cause, according to the course of the common law 
or otherwise, tried by a jury or heard by the court, or upon 
a motion for a new trial. The exceptions shall be reduced 
to writing in a summary manner and filed with the clerk, 
and notice thereof shall be given to the adverse party, in 
civil cases tried by a jury, within twenty days after the ver- 
dict is rendered, and in cases tried without a jury, within 
twenty days after the notice of the decision has been re- 
ceived, unless furthei' time is allowed by the court. The 
presiding justice shall thereafter, upon their presentation to 
him by any party to the action, examine the exceptions, and 
after hearing the parties, determine whether they are con- 
formable to the truth. The excepting party may be allowed 
to make such amendments to his bill of exceptions as will 
make it a more accurate statement of the exceptions origi- 
nally filed by him. If the presiding justice finds that the 
exceptions, with any amendments thereof thus allowed, are 
conformable to the truth, he shall allow them. The presid- 
ing justice may, if, in his opinion, a bill of exceptions is filed 
in good faith, and justice so requires, allow such bill of ex- 
ceptions although the excepting party or his attorney failed, 
through inadvertence, to comply with all of the provisions of 
this section. If, through inadvertence, a party who has duly 
claimed exceptions failed to file a bill of exceptions within 
said twenty days or within such further time as may hav(5 
been allowed, the presiding justice may, before final judg- 
ment, upon motion after notice and hearing, allow a bill of 
exceptions to be filed and may allow such bill of exceptions. 

A pproved May 25, 1945. 



An Act eliminatinc; the requirement of medical ex- Chap.S2Q 

AMINATION AS A PREREQUISITE TO THE ISSUANCE OF 
DEATH BENEFIT CERTIFICATES AS TO CHILDREN BY FRA- 
TERNAL BENEFIT SOCIETIES. 

lie it enacted, etc., as follows: 

Section twenty-four of chapter one hundred and seventy- g. l. (Ter. 
six of the General Laws, as amended by chapter three hun- § 24,' etc' 

amended. 



284 



Acts, 1945. — Chap. 330. 



Death bent^lit 
certificates. 



dred and twenty-two of the acts of nineteen hundred and 
forty-one, is hereby further amended by striking out, in the 
second to the fifth Hnes, inclusive, the words "take effect 
until after medical examination or inspection by a licensed 
medical practitioner, in accordance with the by-laws of the 
society, nor shall any such benefit certificate", — so that 
the first sentence will read as follows : — No death benefit 
certificate as to any child shall be issued unless the society 
shall simultaneously put in force at least five hundred such 
certificates, on each of which at least one assessment has 
been paid, nor where the number of lives represented by 
such certificates falls below five hundred; provided, that a 
society which has so put in force at least five hundred cer- 
tificates on each of which at least one assessment has been 
paid may, during the year after first putting in force said 
number of certificates, continue to issue certificates not- 
withstanding withdrawals reducing the number of certifi- 
cates in force to less than five hundred, if the number of 
such certificates does not remain below five hundred for a 
period exceeding ninety days. Approved May 25, 1945. 



Chap.SSO An Act giving certain rights to school principals and 

SUPERVISORS IN CASES OF DEMOTION. 



G. L. (Ter. 
Eci.). 71, 
new § 42A, 
added. 

School prin- 
cipals, etc., 
demotion of, 
rights of. 



Be it enacted, etc., as follows: 

Chapter seventy-one of the General Laws is hereby 
amended by inserting after section forty-two, as amended, 
the following section: — Section 4^ A. No principal or 
supervisor who has served in that position for over three 
years shall without his consent be demoted except for in- 
efficiency, incapacity, unbecoming conduct, insubordination 
or other good cause; nor unless, at least thirty days, exclu- 
sive of customary vacation periods, prior to the meeting at 
which the vote is to be taken, he shall have been notified of 
such intended vote; nor unless, if he so requests, he shall 
have been furnished by the committee with a written charge 
or charges of the cause or causes for which his demotion is 
proposed; nor unless, if he so requests, he has been given a 
hearing before the school committee, which may be either 
public or private at the discretion of the school committee, 
and at which he may be represented by counsel, present 
evidence and call witnesses to testify in his behalf and 
examine them; nor unless the charge or charges shall have 
been substantiated; nor unless the superintendent shall 
have given the committee his recommendations thereon. 

Approved May 25, 1945. 



Acts, 1945. — Chaps. 331, 332, 333. 285 



An Act requlrinc vouchers for, or a.ffii>avits as to, Chap. 331 

CERTAIN DISBURSEMENTS BY FRATERNAL BENEFIT SO- 
CIETIES. 

lie it enacted, etc., as follows: 

Chapter one hundred and seventy-six of the General Laws c;. l. (Ter. 
is hereby amended by inserting after section thirty-seven, Ji;''v'§^l7A, 
as appearing in the Tercentenary Edition, the following --^Mexi. 
section : — Section 37 A . No fraternal benefit society shall <^enahi 

, 1- 1 t r n n i 11 , (lisbur.setnents 

make any disbursements oi nitecn dollars or more, except by fraternal 
disbursements on account of the return of dues paid in ^u-^uh^t^C^"'' 
advance, unless the same be evidenced by a voucher signed 
by or on behalf of the person receiving the monej^ and cor- 
rectly describing the consideration for the payment, and if 
the same be for services and disbursements setting forth 
the services rendered and an itemized statement of the dis- 
bursements made; and if it be in connection with any 
matter pending before any legislature or public body, or 
before any department, board, commission or officer of any 
government, whether local, state or national, correctly 
describing in addition the nature of the matter and of the 
interest of such society therein; or, if such voucher cannot 
be obtained, by an affidavit stating the reason for not ob- 
taining such voucher, and setting forth the particulars above 
mentioned. Approved May 25, 19Jf5. 



An Act authorizing the county of essex to reimburse Chap.332 

ALBERT L. STEWART FOR CERTAIN EXPENSES INCURRED BY 
REASON OF INJURIES SUSTAINED BY HIM WHILE AN IN- 
MATE AT THE ESSEX COUNTY INDUSTRIAL FARM. 

He it enacted, etc. as folloios: 

Section 1. For the purpose of discharging a moral obli- 
gation, the county commissioners of Essex county may pay 
to Albert L. Stewart of Beverly the sum of seventy-five dol- 
lars to reimburse him for expenses of medical and hospital 
care incurred by him on account of injuries received while 
an inmate at the Essex county industrial farm. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by the county commis- 
sioners of Essex county, but not otherwise. 

Approved May 25, 191^5. 



An Act relating to the reassessment of local taxes. Chap.333 

Be it enacted, etc., as follows: 

Chapter fifty-nine of the General Laws is hereby amended o l (Ter. 
by striking out section seventy-seven, as appearing in the amemi'Mi. 
Tercentenaiy Edition, and inserting in place thereof the fol- 
lowing section : — Section 77. Every tax except a poll tax, Reasseesment 
which is invalid by reason of error or irregularity in the as- " 



286 Acts, 1945. — Chaps. 334, 335. 

sessmeni and every tax on land which, by reason <»f snch 
error or irregularity, does not constitute a valid lien on such 
land, may, if it has not been paid in full, or ii it has been 
recovered back, oi- if it has been paid under such circum- 
stances that it can be recovered back, be reassessed by the 
assessors for the time being, to the just amount to which, 
on the estate on which, and to the person to whom, it ought 
at first to have been assessed, whether such person has con- 
tinued an inhabitant of the town or not. A reassessed tax 
on land shall be a hen thereon for the same period and under 
the same conditions as the original tax, if it had constituted 
a valid lien, would be, except where the reassessment is mad(^ 
after such period has expired. The reassessment of a tax on 
land shall not be defeated by an aUenation of such land; but 
a reassessed tax on land shall be a lien thereon only as herein 
provided. Approved May 25, 1945. 



C7/c//;.334 An Act relative to the contents of pay rolls, bills 

AND ACCOUNTS FOR SALARY OR COMPENSATION OF PER- 
SONS IN THE SERVICE OR EMPLOYMENT OF THE CITY OF 
BOSTON. 

Be it enacted, etc., as follows: 

Section two of chapter two hundred and ten of the acts 
of nineteen hundred and eight, as most recently amended 
by section one of chapter one hundred and sixty-one of the 
acts of nineteen hundred and forty-three, is hereby further 
amended by striking out, in the ninth line, the word "full", 
— so as to read as follows : — Section 2. Ever,y 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 per- 
son who is immediately responsible for the appointment, em- 
ployment, promotion or transfer, of the persons named 
therein, and shall contain, in addition to such other in- 
formation as the civil service commission or its authorized 
agent may require, the following information : — First, name 
of each employee; second, title of office or position in which 
actually employed; third, salary, wages or other compensa- 
tion; fourth, dates of employment. 

Approved May 25, 19^5. 



Chap. ^35 An Act authorizing the attachment to certain re- 
written POLICIES OF LIFE OR ENDOWMENT INSURANCE 
OF A COPY OF THE APPLICATION THEREFOR OR OF THE 
APPLICATION FOR THE ORIGINAL POLICY, OR BOTH, AND 
AUTHORIZING RETROACTIVE EFFECTIVE DATES FOR INCON- 
TESTABLE PROVISIONS IN CERTAIN OF SUCH POLICIES. 

He it enacted, etc., as follows: 

KdV' 175 "^^ Section one hundred and thirty-nine of chapter one hun- 

§ 139, ' dred and seventy-five of the General Laws, as appearing in 

amended. "^ > f^- t. 



Acts, 1945. — Chaps. 336, 337. 287 

tlic 'JVrcentenary iMJition, is hereby amended bj- inserting 
at the end the two following sentences: — Nothing in sec- Alteration, 
tion one hundred and thirty-one or section one hundred fifepoiidc^.'''" 
and thirty-two shall be construed to pi-ohibit making the 
application for the? oiiginal policy or the application for the 
policy rewritten undei- authority of this section, or both such 
applications, a part of such rewritten policy, by endorsing 
thereon or attaching thereto a copy of either or both such 
applications. Nothing in said section one hundred and thirty- 
two shall be construed to prohibit the incorporation, by a 
rider or endorsement, or otherwise, in a pohcy rewritten 
under authority of this section and bearing a then current 
date, of a stipulation making the incontestable provision 
lequired by said section one hundred and thirty-two opera- 
tive from the date of issue of the original pohcy. 

Approved May 25, 1945. 



An Act relative to the director of the division of C//a».33G 

JUVENILE TRAINING. 

Be it enacted, etc., as follows: 

Section 1. Section eleven of chapter eighteen of the « l. (Ter. 
General Laws, as appearing in the Tercentenary Edition, is repealed. ^ ^'' 
hereby repealed. 

Section 2. Section fifteen of said chapter eighteen, as so g. l. (Ter. 
appearing, is hereby amended by inserting after the w-ord .^mende^a.^ ^''' 
"the", the second time said word appears in the first line, 
the words: — director of the division of juvenile training 
and the, — so as to read as follows: — Section 15. The sec- Director of 
retary shall be the director of the division of juvenile train- juvenn" "^ 
ing and the executive officer of the trustees. He shall be ♦raining. 
paid the necessary expenses incurred in the performance of 
his duties. Approved May 25, 19^5. 



An Act relating to the operation by certain minors, C hap. SS7 
IN connection with agriculture, of certain vehicles 
and machines. 

He it enacted, etc., as fulloivs: 

Section sixty- two of chapter one hundred and forty-nine (; i- (Ter. 
of the General Laws, as amended by section nineteen of §'o2,'ett^,' 
chapter three hundred and twenty-eight of the acts of '""ended. 
nineteen hundred and thirty-four, is herebj'^ further amended 
by adding at the end the following : — , nor shall it prevent 
the employment of a minor, to whom has been issued a 
license to operate motor vehicles, in the operation on a 
farm, or on a way for a distance not exceeding one mile 
therefrom, of any motor vehicle, tractor or self-propelled or 
agricultural machine of any description used for agricultural 
or farm purposes, — so as to read ps follows: — Section 62. r'-mp^ioyment 
No person shall employ a minor under eighteen or permit under 



288 Acts, 1945. -- Chap. 338. 

him to work: (1) in or about blast furnaces; (2) in the 
operation or management of hoisting machines; (3) in oiling 
or cleaning hazardous machinery in motion; (4) in the 
operation or use of any polishing or buffing wheel; (5) at 
switch tending; (6) at gate tending; (7) at track repairing; 
(8) as a brakeman, fireman, engineer, motorman or con- 
ductor upon a railroad or railway; (9) as a fireman or engi- 
neer upon any boat or vessel; (10) in operating motor 
vehicles of any description; (11) in or about establishments 
wherein gunpowder, nitroglycerine, dynamite or other high 
or dangerous explosive is manufactured or compounded; 
(12) in the manufacture of white or yellow phosphorus or 
phosphorus matches; (13) in any distillery, brewery, or any 
other establishment where alcoholic beverages, as defined 
in section one of chapter one hundred and thirty-eight, are 
manufactured, packed, wrapped or bottled; (14) in that 
part of any hotel, theatre, concert hall, place of amusement 
or other establishment where intoxicating liquors are sold. 
This section shall not prohibit the employment of minors 
in drug stores, nor shall it prevent the employment of a 
minor, to whom has been issued a license to operate motor 
vehicles, in the operation on a farm, or on a way for a dis- 
tance not exceeding one mile therefrom, of any motor vehicle, 
tractor or self-propelled or agricultural machine of any 
description used for agricultural or farm purposes. 

Approved May 25, 1945. 



Chap.SSS An Act relative to the waiver of a will when the 

SURVIVING SPOUSE OF THE DECEASED IS UNDER DISABILITY. 

Be it enacted, etc., as folloivs: 

EdV 19'^'^'^ Section 1. Chapter one hundred and ninety-two of the 

new'§nT, General Laws is hereby amended by inserting after section 
addefi. ^^^ ^^ inserted by chapter one hundred and thirteen of the 

acts of nineteen hundred and thirty-four, the following 
Guardian sectioHi — SectioTi IB. If it appears in the petition for the 

fn Certain probate of a will that the surviving husband or widow of 

probate oases, ^^g dcccased person is incompetent by reason of insanity or 
minority, or such husband or widow is under conservator- 
ship, a guardian ad litem shall be appointed and made a 
party to the petition and shall be given notice of all pro- 
ceedings relative to the probate of the will or granting of 
letters testamentary. 
G.L. (Ter Section 2. Section forty-five of chapter two hundred 

amended." '' and onc of the General Laws, as appearing in the Tercen- 



tenary Edition, is hereby amended by adding at the end the 

Waiving of following Sentence : — If, in any case where the guardian of 

guardfan a Ward incompetcnt by reason of insanity or minority has 

ad litetii. jjQ^ waived the provisions of the will of the ward's spouse or 

brought a petition under this section for approval of a 

waiver of the provisions thereof and a guardian ad litem 

has been appointed under section one B of chapter one 



Acts, 1945. — Chaps. 339, 340. 289 

hundred and ninety-two, such guardian ad litem is of opin- 
ion that a waiver of the provisions thereof is for the benefit 
and for the best interests of the ward, and the guardian fails 
to take such action after written demand made upon him, 
such guardian ad litem as next friend may waive the pro- 
visions thereof, subject to the approval of the probate court 
as hereinbefore provided. 

Section 3. The provisions of law relative to guardians Application 
which are added to section forty-five of chapter two hundred °onsMvators. 
and one of the General Laws by section two of this act shall 
be applicable to conservators as provided by section twenty 
of said chapter two hundred and one. 

Approved May 25, 19^5. 



An Act relative to the dissolution of certain real Chav.Z"^^ 

ESTATE attachments BY OPERATION OF LAW. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and twenty-three of ^-^^-^Js^- 
the General Laws is hereby amended by inserting before new '§ i ha, 
section one hundred and fifteen the following section : — added. 
Section II4A. An attachment of land, or of a right or Dissolution 
interest therein, shall, unless otherwise dissolved, expire by rLflstate 
operation of law at the end of six years from the date of attachments. 
filing the same in the office of the register of deeds in the 
county or district where said land or some part of it is 
situated, unless said register shall, within said period, at 
the written request of the plaintiff or his attorney bring 
forward the same upon the books of attachments. At the 
expiration of six years from the time of any such first or 
subsequent bringing forward, such attachment shall expire 
as aforesaid unless within such period it is again brought 
forward in like manner. The register shall file every such 
written request in his office and shall be entitled to the same 
fee for bringing forward each such attachment upon said 
books of attachments as for the original entry thereof. 

Section 2, Attachments of land, or of a right or interest 
therein, made prior to the effective date of this act shall 
become subject to section one hundred and fourteen A of 
chapter two hundred and twenty-three of the General Laws, 
inserted by section one of this act, at the end of six years 
from said effective date. Approved May 26, 194-5. 

An Act prohibiting and penalizing the disclosure by Chap.3^0 

CERTAIN CITY AND TOWN DEPARTMENTS, BOARDS AND 
COMMISSIONS OF RECORDS OR INFORMATION CONCERNING 
PERSONS NOW OR FORMERLY IN THE MILITARY OR NAVAL 
SERVICE, OR THEIR DEPENDENTS, WHO APPLY FOR FINAN- 
CIAL AID, GUIDANCE OR ADVICE. 

Be it enacted, etc., as follows: 

Section fifty-one of chapter forty of the General Laws, g. l. (Ter. 
as amended by chapter one hundred and ninety-six of the fsi.'^c'., 

amended. 



290 Acts, 1945. — Chaps. 341, 342. 

acts of nineteen hundred and thirty-seven, is hereby further 
Fornishint; amended by adding at the end the following: — No depart- 
formation' mcnt, board or commission, or agent thereof, of a town 
i-ortaininK providing aid, guidance or advice solely to persons who are 
ptc.pro- m active military or naval service during the time ot war, 

hibitoii. ^j, ^^j^^ were formerly in such service, or to the dependents 

Penalty. ^f g^uy g^gj^ persons, shall furnish any records or information 

to any social service index, so called, or exchange informa- 
tion with any other agency, except as hereinbefore pro- 
vided. Whoever violates any provision of this section shall 
be punished by a fine of not less than twenty-five nor more 
than five hundred dollars. Approved May 25, 1945. 



Chap. 34:1 An Act relative to the form, contents and approval 

OF POLICIES OF accident AND HEALTH INSURANCE. 

Be it enacted, etc., as follows: 

a. L. (Ter. Scction one hundred and eight of chapter one hundred 

l^'jos/^^' and seventy-five of the General Laws, as appearing in the 
anipiKiod. Tercentenary Edition, is hereby amended by adding at the 

end the following paragraph : — 

Foriu, etc., of Nothing herein shall be construed to prevent the approval 

.MoVidont°and and usc of a policy containing multiple optional benefits and 

insurance. the provisions applicable thereto; provided, that such 

polic}^ otherwise complies with the provisions of this section ; 

and provided, further, that the schedule of benefits be set 

forth on the first page of the policy; and provided, further, 

that there shall appear on the filing back of the policy and 

also on the first page thereof in type not smaller than eighteen 

point or great-primer, a reference to such schedule of benefits. 

Approved May 25, 19^5. 



Chap.S42 An Act making certain corrective changes in the 

LAW relating to THE TAXATION OF INSURANCE COM- 
PANIES. 

Be it enacted, etc., as follows: 

KtiV'e-f*"^' Section twenty-eight of chapter sixty-three of the Gen- 

§'28.' etc'., eral Laws, as most recently amended by section six of 
amended. chapter five hundred and thirty-one of the acts of nineteen 

hundred and forty-three, is hereby further amended by 
inserting after the word "first", in the seventeenth line, the 
following paragraph : — Liability for the taxes imposed by 
said sections twenty to twenty-three, inclusive, or by sec- 
tions two and three of chapter five hundred and thirty-one 
of the acts of nineteen hundred and forty-three shall be 
incurred by reason of the transaction of business during the 
calendar year preceding that in which assessment provided 
for in this section is made, — so as to read as follows: — 
Assessnunt Secfiou 28. Evcry life insurance company liable to taxa- 
fn8ur"ncr ° tion Under section twenty shall pay to the commissioner at 
taXbiilty"^ the time fixed for filing its return by said section the amount 



Acts, 1945. — Chap. 343. 291 

of the excise thereby imposed and the amount of the re- 
taliatory tax imposed by section twent3'-one if such corn- 
pan}' is also hable to taxation thereunder. As soon as may 
be, the commissioner from the return required by section 
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- 
pany 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. 

Liability' for the taxes imposed by said sections twent}' 
to twenty-three, inclusive, or by sections two and three of 
chapter five hundred and thirtj^-one of the acts of nineteen 
hundred and forty-three shall be incurred by reason of the 
transaction of business during the calendar year preceding 
that in which assessment provided for in this section is 
made. 

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 before 
or after June first, shall bear interest at the rate of twelve 
per cent per annum from June first until they are paid. 

Within sixty 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 appHcation within thirty daj^s 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 sliall be 
refunded to the company by the state treasurer without 
any appropriation therefor by the general court. 

Approved May 25, 1945. 



An Act relative to the charces of contract carriers Chap.'^A^ 

OF PROPERTY BY MOTOR VEHICLE. 

Be it enacted, etc., as follows: 

Paragraph {b) of section seven of chapter one hundred pjl'i^qf} 
and fifty-nine B of the General Laws, as appearing in section §V. kc.,' ' , 
one of chapter four hundred and eighty-three of the acts of =""'^"'^*^''' 
nineteen hundred and thirty-eight, is hereby amended by 
striking out, in the second and third lines, the words "less 
than that provided for in his written contract and", and 
inserting in place thereof the words : — different from that 
provided for in his written contract, or less than that con- 
tained in, — so as to read as follows : — 

(6) No such carrier shall demand, chaige or collect com- charges of 
pensation for such transportation different from that pro- c^grfof 



292 Acts, 1945. — Chaps. 344, 345. 

property by vided for in his written contract, or less than that contained 
in the minimum schedule of charges, if any, filed therewith, 
or prescribed by the department from time to time, and no 
such carrier, by the furnishing of any special service, facilitj' 
or privilege, or by any other device whatsoever, shall in 
effect charge, accept or receive for any transportation or 
service less than the minimum charge, if any, established 
therefor under this section. Approved May 25, 19 45. 



(yhap.34i4: An Act relative to certain policies of reinsurance 

UNDER THE WORKMEN'S COMPENSATION ACT. 

Be it enacted, etc., as follows: 

v'd) im"^ Section twenty-five A of chapter one hundred and fifty- 

§'25A, eto., two of the General Laws, inserted by section seven of chapter 
amended. g^g liundrcd and twenty-nine of the acts of nineteen hun- 

dred and forty-three, is hereby amended by striking out 
paragraph (2) (c) and inserting in place thereof the follow- 
ing:— 
Insurer re- (c) As a furthcr guarantee of a self-insurer's ability to 

reinsure "in pay the bcncfits provldcd for by this chapter to injured 
certain cases, employees, the department may require that a self-insurer 
reinsure his compensation risk against catastrophe, and 
such reinsurance, when required, shall be placed only with 
an insurance company authorized to transact the business 
of workmen's compensation insurance in this common- 
wealth. Approved May 25, l9/f5. 



Ckap.S4:5 An Act establishing in the tow^n of brookline a health 

DEPARTxMENT UNDER A DIRECTOR OF PUBLIC HEALTH. 

Be it enacted, etc., as follows: 

Section 1. There shall be in the town of Brookline a 
health department under a director of public health who 
shall be appointed by the selectmen and who shall have the 
powers, perform the duties and be subject to the obligations 
of boards of health in towns. The person so appointed shall 
be a citizen of the United States who has received the de- 
gree of doctor of medicine from a medical school classified 
by the American Medical Association as a grade A school, 
shall be qualified to practice medicine under the laws of 
the commonwealth, and shall have had not less than three 
years' full time experience in public health administration, 
or not less than one year's full time e.xperience in public 
health administration and a graduate degree in public 
health from a recognized school of public health. Said 
director shall devote his entire time to the performance of 
his duties and the supervision of the employees of the de- 
partment. He shall be appointed in April for the term of 
three years from the first day of May following and until 
the quahfication of his successor. He may be removed b}- 
the selectmen for cause and the vacancy filled by appoint- 



Acts, 1945. — Chap. 346. 293 

ment for the remainder of the unexpired term in the same 
manner as in the case of an original appointment. His 
salary or compensation shall be such as the selectmen may 
from time to time vote. The director, subject to the ap- 
proval of the selectmen, may make rules and regulations 
for the government of the health department and of its 
officers, agents and employees. Subject to appropriation, 
he maj^ also appoint and employ such officers, agents, 
assistants and employees as may be necessary to execute 
the health laws and the rules and regulations of the health 
department. The position or office of director of pubUc 
health shall not be subject to the laws, rules and regulations 
pertaining to civil service. 

Section 2. Upon the qualification of the director of 
public health first appointed hereunder the selectmen shall 
cease to serve as the board of health and their offices as 
members of the board of health shall thereupon terminate. 

Section 3. The selectmen shall appoint an advisory 
council of public health whose duties shall be to act in an 
advisory capacity to the director of public health. Said 
council shall consist of six members. The members of said 
council first appointed hereunder shall be appointed as fol- 
lows:- — two members to serve for terms of one year each, 
two members to serve for terms of two years each, and two 
members to serve for terms of three years each, respectively, 
from the first day of May next following their appointment 
and until the qualification of their respective successors, 
and thereafter the selectmen shall annually before the first 
day of May appoint two members of such advisory council 
to serve for terms of three years each from said first day of 
May. Vacancies in such council shall be filled in like man- 
ner for the remainder of the unexpired term. The members 
of such council shall elect annually in ]\Iay a chairman from 
their own number. They shall serve without compensation 
and may be removed b}'^ the selectmen for cause. They 
shall meet quarterlj^, and additional meetings may be held 
at any time at the call of the chairman or of the director, who 
shall be secretary of the advisor}^ council. 

Section 4. This act shall take full effect upon its ac- 
ceptance by the town of Brookline by a majority vote of the 
town meeting members present and voting thereon at a 
limited town meeting called for the purpose within two 
years of the passage of this act, but not otherwise. 

Approved May 25, 1945. 

An Act authorizing certain fraternal benefit socie- (7/iar).346 
ties to provide for hospitalization and medical 
service insurance. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-six of the o l. (Ter. 
General Laws is hereby amended by inserting after section new § i3a, 
thirteen, as appearing in the Tercentenary Edition, the fol- "^dded. 



294 



Acts, 1945. — C^hap. 346. 



Hospitalization 
and me<li<yd 
Her vice 
insurance. 



G. L. (Ter. 
Ed.), 17ti, § 1, 
;iniondpd. 



" Fraternal 
benefit 
society" 
defined. 



G. L. (Ter. 
Ed.), 176, § S, 
amended. 



Preliminary 
license, etc., 
for society on 
lodge plan. 



lowing section: — Section ISA. Any society, except one or- 
ganized under s(>f'tion forty-.six, whose rates and benefits are 
approved h>' tlie commissioner, may set up and provide un- 
der its by-laws a plan for the paj^ment of hospital and medi- 
cal expenses and for the services of surgeons, physicians and 
nurses, or for any one of these services or expenses, in con- 
nection with sickness, disease or accidents, or the results 
therefrom. The by-laws shall also provide that an inde- 
pendent hospitalization and medical service fund be created 
and maintained, with the accretions thereto, separate and 
apart from other funds of the society ; that no benefits of any 
kind shall be paid until there is accumulated in said fund 
an amount not less than that received from three monthly 
contributions or one quarterly contribution, and that this 
amount shall be the minimum of surplus below which addi- 
tional contributions from members shall be required; that 
there shall be included in the habilities of said fund reserves 
for unearned assessments and unpaid claims; and, that no 
benefits shall be paid on any claim for a period exceeding 
one year. 

Section 2. The definition of "Fraternal benefit society" 
or "society" contained in section one of said chapter one 
hundred and seventy-six, as so appearing, is herebj'' amended 
by adding at the end the words : — , and with or without 
provision for hospitalization and medical service benefits, — 
so as to read as follows: — "Fraternal benefit society" or 
"society", any corporation, association, society, order, fra- 
ternity or other organization without capital stock, organ- 
ized and carried on solely for the mutual benefit of its mem- 
bers or their beneficiaries, and not for profit, and either with 
a lodge system, with ritualistic form of work and representa- 
tive form of government, or without a lodge system, under 
the direct control of its members, which makes provision 
for the payment of death or disability benefits or both, and 
with or without provision for hospitalization and medical 
service benefits. 

Section 3. Section eight of said chapter one hundred 
and seventy-six, as so appearing, is hereby amended by in- 
serting after the word "disability" in line thirty-five thereof 
the words: — or hospitalization and medical service, — so as 
to read as follows: — Section S. The commissioner shall then 
furnish the incorporators of any such society, if on the lodge 
plan, with a preliminary license, authorizing it to solicit mem- 
bers for the purpose of completing its organization. It shall 
collect from each applicant the amount of not more than one 
periodical benefit assessment or payment, in accordance with 
its tables of rates as provided by its constitution and by- 
laws, and shall issue to every such applicant a receipt for 
the amount so collected. But no such society shall incur 
any liability other than for such advance payments, nor 
issue any benefit certificate, nor pay or allow, or offer or 
promise to pay or allow, to any person any death or dis- 
ability benefit until actual bona fide apphcations for death 



Acts, 1945. — Chap. 346. 295 

or disability benefit certificates, as the case may Im;, have 
been secured from at least five hundred persons, and all such 
applicants for death benefits shall have been regularly exam- 
ined by legally qualified practicing physicians, and certifi- 
cates of such examinations have been duly filed and approved 
by the chief medical examiner of the societj^; nor until there 
shall be estabhshed ten subordinate lodges or branches, in 
which said five liundred applicants have been initiated; nor 
until there has been submitted to the commissioner, on oath 
of the president and secretary or corresponding officers of 
such society, a list of the said applicants, giving their names, 
addresses, date of examination, date of approval, date of 
initiation, name and number of the subordinate branch of 
which each applicant is a member, amount of benefits to be 
granted, and rate of regular payments or assessments, whicli 
for societies offering death benefits shall not be lower for 
death benefits than those required by the National P'raternal 
(Jongress Table of MortaUty as adopted by the National 
Fraternal Congress August twenty-third, eighteen hundred 
and ninety-nine, or any higher standard at the option of the 
society, with an interest assumption not higher than four 
per cent per annum; nor until it shall be shown to the com- 
missioner, by the sworn statement of the treasurer or cor- 
responding officer of such society, that at least five hundred 
applicants for death benefits have each paid in cash one regu- 
lar payment or assessment as herein provided, and th(; pay- 
ments in the aggregate shall amount to at least twenty-five 
hundred dollars, all of which shall be credited to the mortu- 
ary or disability or hospitalization and medical service fund 
on account of the applicants, and no part of which may be 
used for expenses. Such advance payments shall, during the 
period of organization, be held in trust for the applicants, 
and, if the organization is not completed within one year 
as hereinafter provided, shall be returned to them. The 
commissioner may make such examination and require such 
further information as he deems advisable ; and upon presen- 
tation of satisfactory evidence that the society has complied 
with all the provisions of this chapter, he shall issue to the 
society a certificate to that effect. 

Section 4. Section thirteen of said chapter one hundred EJ^'iTe'^iis 
and seventy-six, as so appearing, is hereby amended bj^ add- amended.' 
ing at the end of the first sentence the words : — and a hos- 
pitalization and medical service fund, — so that said first 
sentence will read as follows: — Any society may create, creation of 
maintain, invest, disburse and apph' a death fund, any part tioTetc'junds 
of which may in accordance with the by-laws of the society 
be designated and set apart as an emergency, a surplus or 
other similar fund, and a disability fund and a hospitaliza- 
tion and medical service fund. 

Section 5. Section fourteen of said chapter one hundred ^ j^ ^J^''^ j^ 
Mnd seventy-six, as so appearing, is hereby amended by strik- amendea." 
ing out, in the fourth and fifth lines, the words "mortuary 
or disabiUty" and inserting in place thereof the words: — 



296 



Acts, 1945. — Chap. 346. 



froportioii 
of paymenle 
which may 
be used for 
expenses. 



G. L. (Ter. 
Ed.), 176, § 19, 
amended. 



Payments of 
hospitaliza- 
tion, ete., 
expenses. 



O. L. (Ter. 
Ed.).176, §:n, 
amended. 



Henefieial 
members. 



G. L. (Ter. 
Ed.), 176, 
§ 40. etc., 
amended. 



Extra rates 
in case of 
deficienc.v, 
etc. 



mortuary, disability, hospitalization or medical service, ~ 
so as to read as follows: - Section J 4- Every provision of 
the by-laws of the society for payment by members of such 
society, in whatever form made, shall distinctly state the 
purposes of the same and the proportion thereof which may 
be used for expenses, and no part of the money collected for 
mortuary, disability, hospitalization or medical service pur- 
poses or the net accretions of either or any of said funds 
shall be used for expenses. 

Section 0. Section nineteen of said chapter one hundred 
and seventy-six, as so appearing, is hereby amended by in- 
serting after the word "age" in the fourth Une thereof the 
words : — , and provide further for hospitalization and medi- 
cal service, — so that the first sentence will read as follows : 
— Every society may provide for the payment of death bene- 
fits, and may provide for the payment of benefits in case of 
temporary or permanent physical disability, either as the 
result of disease, accident or old age, and provide further for 
hospitalization and medical service; provided, that the period 
of life at which the payment of benefits for disability on ac- 
count of old age shall commence shall not be under seventy 
years. 

Section 7. Section thirty-one of said chapter one hun- 
dred and seventy-six, as so appearing, is hereby amended by 
inserting after the word "injury" in the eighth fine thereof 
the following: — , hospitahzation, medical service, — and 
by striking out the comma before the word "or", the second 
time such word appears in said line, — so as to read as fol- 
lows : — Section 31 . Except as provided in sections twenty- 
three to twenty-eight, inclusive, any. society may admit to 
beneficial membership any person, not less than sixteen 
and not more than sixty years of age, who has been exam- 
ined by a legally qualified phj^sician if the examination has 
been supervised and approved in accordance with the by- 
laws of the society; provided, that any member of such 
society who shall apply for a certificate providing for bene- 
fits on account of disability from sickness or injury, hos- 
pitalization, medical service or death by accident only, need 
not be required to pass a medical examination therefor. 
This section shall not prevent such societj^ from accepting 
general or social members. 

Section 8. Section forty of said chapter one hundred 
and seventy-six, as amended by section thirty-six of chapter 
one hundred and eighty of the acts of nineteen hundred and 
thirty-two, is hereby further amended by striking out the 
words "death and disabihty" in the fourth line and insert- 
ing in place thereof the words: — death, disability, hospital- 
ization and medical service, — so that the first paragraph 
will read as follows : • — If the stated periodical contributions 
of the members of any society subject to section thirty-nine 
are insufficient to pay all reported death, disability, hos- 
pitalization and medical service claims in full, and to pro- 
vide for the creation and maintenance of the funds required 



Acts, 1945. — Chap. 346. 297 

by its by-laws or by this chapter, additional contributions 
or additional, increased or extra rates of contribution shall 
be collected from its members to meet the deficiency, and 
the by-laws of the society shall so provide; and such by- 
laws may provide that upon the written apphcation or con- 
sent of the member his certificate may be charged with its 
proportion of any deficiency disclosed by valuation, with 
interest not exceeding five per cent per annum. 

Section 9. Section forty-one of said chapter one hun- g. l. (icr. 
dred and seventy-six, as amended by chapter one hundred f 41,' e/cf ,' 
and sixty-eight of- the acts of nineteen hundred and thirty- amended. 
nine, is hereby amended by inserting after the word "sick- 
ness" in the twenty-fourth line the words: — or hospitali- 
zation or medical services, — and by inserting after the word 
"disability" in the thirty-first line the words: — , hospitaU- 
zation and medical service, — so as to read as follows : • — 
Section 4i- No foreign society shall transact anj' business Foreign 
in the commonwealth without a license from the commis- ^"•"*'*^"''*- 
sioner. Every such society applying for such a license shall 
file with the commissioner a duly certified copy of its charter 
or articles of association; a copy of its constitution and by- 
laws, certified by its secretary or corresponding officer; a 
power of attorney to the commissioner, as provided in the 
following section; a statement of its business, on oath of its 
president and secretary, or corresponding officers, in the 
form required by the commissioner, duly verified by an ex- 
amination made by the supervising insurance official of its 
home state or other state satisfactory to the commissioner; 
a copy of its certificate of membership; a certificate from 
the proper official of its home state, territory, district or 
country that the society is legally organized; and the so- 
ciety shall show that the benefits are provided for by periodi- 
cal or other payments by persons holding similar contracts, 
and that its assets are invested in accordance with the laws 
of the state or country where it is organized, and that it has 
the qualifications required of domestic societies on the lodge 
system incorporated under this chapter; provided, that a 
society which grants benefits for disabilit.y arising from acci- 
dental injury or from sickness or hospitalization or medical 
services shall be required to show that it has accumulated 
funds, usable only for the payment of such benefits and in 
excess of accrued claims for such benefits, not less in amount 
than three monthly contributions or one quarterly contribu- 
tion from members entitled to such benefits, and shall be 
required, as a condition for the maintenance of its authority 
to do business in this commonwealth, to maintain at all times 
after admission, as regards disability, hospitalization and 
medical service benefits, funds in amount as above set forth ; 
and shall furnish the commissioner such other information 
as he may deem necessary for the proper exhibit of its busi- 
ness and plan of working. Upon compliance with these re- 
quirements, such foreign society shall be entitled to a license 
to transact business in the commonwealth until July first 



298 



Acts, 1945. — Chaps. 347, 348. 



following, and such license shall, upon compliance with this 
chaptei', be renewed annually, but in all cases to terminate 
on July first iollowing; except that it shall continue in full 
force and effect until the new license is issued, or is refused 
after notice and hearing. For every such license or nmewal 
the societ}^ shall pay to the commissioner twenty dollars. 

Approved May 25, 194-5. 



G. L. (Ter 
Ed.), 152, 
amended. 



§6, 



Chap.S47 An Act relative to changes in average weekly wages 
IN compensation agreements under the workmen's 
compensation law. 

Be it enacted, etc., as follows: 

Section six of chapter one hundred and fifty-two of the 
General Laws, as appearing in the Tercentenary Edition, is 
hereby amended by inserting after the word "eleven" in the 
fourth line the words: — ; provided, that as to the average 
weekly wages therein contained, the department or a mem- 
ber thereof may, on petition by the employee, insurer or 
insured, change such average weekly wages if the facts 
found so warrant, — so as to read as follows: — Section 6. 
If the insurer and the injured employee reach an agreement 
in regard to compensation, a memorandum thereof shall be 
filed with the department, and, if approved by it, the memo- 
randum shall for all purposes be enforceable under section 
eleven; provided, that as to the average weekh^ wages 
therein contained, the department or a member thereof may, 
on petition by the employee, insurer or insured, change 
such average weekly wages if the facts found so warrant. 
Such agreements shall be approved by said department only 
when the terms conform to this chapter. 

Approved May 25, 1945. 



Agreeiiiciit 
for com- 
pensation. 



C7?ap.348 An Act authorizing the attendance at funerals or 
memorial services of war veterans bv certain 
municipal employees without loss of pay. 

F^e it enacted, etc., as follows: 

Chapter forty-one of the General Laws is hereby amended 
by inserting after section one hundred and eleven B, inserted 
by chapter one hundred and fifty-six of the acts of the 
current year, the following section: — Section lllC. Any 
employee of a city or town who is a veteran, as defined in 
section twenty-one of chapter thirty-one, may, when au- 
thorized by the mayor or the selectmen, attend the funeral 
or memorial services of a veteran, as so defined, without 
loss of pay. Approved May 25, 1945. 



G. L. (T.r. 
Kd.). 41, 
new § lllC, 
added. 

At.tendau(te of 
municipal 
employees at 
fimerals, 
etc., of war 
veterans. 



Acts, 1945. — ( 'haps. 349, 350. 299 

An Act riqlativk to continuinc; the business of de- (7,^,-» 34c) 

CEASED PERSONS BV EXECVTORS AND ADMTNTSTKATOBS. 

Be it enacted, etc., as folloivs: 

Section 1. Section twelve of chapter one hundred and Ed ^' loss's i? 
ninety-three of the General Laws, as appearing in the amende.i! 
'J'ercentenary Edition, is hereby amended by adding at the 
end the following: — , and such authority may be granted at 
the time of, or after, his appointment and may be given ♦ 
without notice or with such notice as the court may oi'der 
to be given prior to or after the granting of such authority, 
— so as to read as follows: — Section 12. The probate special ad- 
court may, upon such notice as it considers reasonable, au- maTbea^u.''* 
thorize or require a special administrator to sell or do such thoVizedto 
other acts relative to any property or estate in his charge as inisine"sof 
it may deem necessary; but this section shall not give to the por^mT"' 
special administrator other or greater powers than an ad- 
ministrator, except that he may be authorized to continue 
the business of the deceased for the benefit of his estate, 
and such authority may be granted at the time of, or after, 
his appointment and may be given without notice or with 
such notice as the court may order to be given prior to or 
after the granting of such authority. 

Section 2. Chapter one hundred and ninety-five of the g. l. ( rer. 
General Laws is hereby amended by striking out section |fmeAd.^f.' ^ ^' 
seven, as so appearing, and inserting in place thereof the 
following: — Section 7. The probate court, upon such notice Court may 
as it considers reasonable, may authorize an executor or eeut'or.'e't " 
administrator to continue the business of the deceased for to continue' 
the benefit of the estate for a period not exceeding one year 
from the date of his appointment. Such authority may be 
granted at the time of the appointment of an executor or 
administrator if the petition for such appointment contains 
a prayer therefor, and may be granted without special notice 
or with such special notice as the court may order to be 
given prior to or after the granting of such authority. The 
court, for cause shown, may extend such authority beyond 
one 3'ear. Approved May 25, 1945. 



An Act granting the consent of the commonwealth to fhQ,) 350 

THE acquisition BY THE UNITED STATES OF AMERICA OF ' ' 

certain lands for THE PURPOSES OF THE VETERANS* AD- 
MINISTRATION FACILITY IN THE TOAVN OF BEDFORD. 

He it enacted, etc., as follows: 

Section 1. The consent of the commonwealth is hereby 
granted to the acquisition by the United States of America, 
by purchase or condemnation, for use as an addition to the 
reservation of the Veterans' Administration Facility in the 
town of Bedford, of two parcels of land situated in said town 
and formerly owned bj^ Edward L Cibulksi, bounded and 
described as follows : — 



300 Acts, 1945. — Chap. 350. 

Parcel 1 . - Beginning in the northeasterly corner of the 
parcel here described at a point where a wire fence intersects 
the stone wall running along tlie northwesterly line of Spring 
road, which point is also the southeasterly corner of a tract 
of land containing 18,037 square feet, now or formerly owned 
by A. M. Chisholm; thence running in a southwesterly di- 
rection along said wire fence and the southerly boundary of 
said Chisholm land 15t) feet to a stake set in the ground at 
the southwesterly corner of said Chisholm land and land of 
Mrs. J. 11. Comley; thence continuing along said wire fence 
and the southerl}^ line of said Comley land 170 feet to an 
iron pin axle in a stone wall on the southeasterly boundary 
of land of the United States of America now being occupied 
by the Veterans Administration; thence running S. 89° 23' 
40" W. along said stone wall and said land of the United 
States of America 238 feet to another stone wall and land of 
one Adams, i'ormerly of Ehzabeth Brown; thence turning 
and running southeasterly along the last mentioned stone 
wall and the northerly boundary of said Adams land 343.2 
feet to the stone wall on the northwesterly line of Spring 
road; thence running northeasterly along the last-men- 
tioned stone wall and the northwesterly line of Spring road 
316 feet to the point or place of beginning, containing two (2) 
acres, more or less. 

Parcel 2. — Beginning at the northwesterly corner of the 
parcel here described at a point in a stone wall running along 
the southeasterly Hne of Spring road^ which point is also the 
south westerh^ corner of land of the United States of America, 
now being occupied by the Veterans Administration, for- 
merly the property of one Pollard, known as the Bedford 
town farm property; thence running the following courses 
and distances along stone walls on the southeasterly line of 
Spring road and along the southeasterly line of said Spring 
road: S. 29° 22' W. 327.33 feet; S. 33° 48' W. 245 feet; 
S. 33° 13' W. 182.50 feet and S. 34° 03' W. 95.60 feet to a 
stone wall and the northerly line of land of one Adams, 
formerly of Elizabeth Brown; thence running the following 
courses and distances along the last-mentioned stone wall 
and the northerly boundary line of said land of Adams, for- 
merly of Elizabeth Brown, the northerly boundary line of 
one Spell, formerly of John T. Boynton and the northerly 
boundary line of land of one Maziekas, formerly of Martin 
Kellev; S. 68° 23' E. 1752 feet; S. 71° 12' E. 62.4 feet; 
S. 76° 57' E. 214 feet; S. 82° 27' E. 85.67 feet; S. 89° 26' 
E. 80.50 feet and N. 87° 30' E. 734.84 feet to a fence on the 
westerly boundary of land of Nathan H. Daniels, formerly 
of Cyrus Page; thence running N. 04° 30' E. along said fence 
and the westerly line of said Daniels land 1,058 feet to land 
of the United States, now being occupied by the Veterans 
Administration, formerly old Bedford town farm property, 
and thence running with the lines of the last-mentioned land 
the following courses and distances: N. 84° 07' 50" W. 239.25 
feet to an old stake and stones set at a corner; S. 0° 18' 



Acts, 1945. — Chap. 351. 301 

W. 18.48 feet; N. 86° 37' 50" W. 238.01 feet; S. 88° 33' 15" 
W. 127.10 feet; N. 85° 15' 10" W. 40.30 feet; N. 72° 20' 
30" W. 227.15 feet; N. 58° 18' 20" W. 54 feet; N. 53° 56' 
40" W. 106.26 feet; N. 57° 28' 35" W. 63.99 feet; N. 62° 
49' 40" W. 117.54 feet; N. 79° 24' 50" W. 85.30 feet; N. 70° 
23' 40" W. 171.76 feet; S. 80° 03' W. 181.50 feet; N. 58° 
13' 40" W. 30.25 feet; N. 32° 51' 40" W. 77 feet; N. 81° 
10' 40" W. 85.09 feet; N. 82° 59' 30" W. 317.67 feet; N. 76° 
55' 20" W. 100 feet; N. 78° 37' 05" W. 219.69 feet and 
N. 83° 19' W. 36.40 feet to the point or place of beginning, 
containing fifty-five (55) acres, more or less. 

There is expressly excluded from each of said parcels any 
part of the fee and soil of said Spring road. 

Section 2. Jurisdiction over the above described lands 
is hereby granted and ceded to the United States of America, 
but upon the express condition that the commonwealth shall 
retain concurrent jurisdiction with the United States of 
America in and over said lands, 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 
warrants, may be executed thereon in the same manner as 
though this cession had not been granted; provided, that 
the exclusive jurisdiction in and over such lands shall revert 
to and revest in the commonwealth whenever such lands 
shall cease to be used for the purpose set forth in section one. 

Section 3. This act shall take full effect upon the de- 
positing in the office of the state secretary within one year 
after its effective date of a suitable plan of the two parcels 
of land described in section one, but not otherwise. 

Approved May 25, 1945. 



An Act regulating the procedure after abatement (JJku) 351 

OF A local tax, assessment, RATE OR CHARGE, AND 
CLARIFYING THE POWER TO ABATE CERTAIN LOCAL TAXES, 
ASSESSMENTS, RATES AND CHARGES. 

Be it enacted, etc., as folloivs: 

Section 1, Chapter fifty-nine of the General Laws is q. l. (Ter. 
hereby amended by insei-ting after section seventy the fol- liow Vtoa, 
lowing section: — Section 70 A. Whenever upon applica- '"''**"^- 
tion for abatement or otherwise any tax, assessment, rate or taxes?'ctc", " 
charge assessed by a board or officer of a town, or any interest j^gardT' 
thereon or costs relative thereto, is finallj'^ abated in whole 
or in part by any court or officer, or by any board, which 
latter term as used in this sentence shall include the county 
commissioners and the appellate tax board, the officer or 
the secretary, clerk or similar official of the board assessing 
such tax, assessment, rate or chaige shall forthwith give 
notice of such abatement to the collector and to the auditor, 



302 



Acts, 1945. — Chap. 351. 



G. L. (Tt-r. 
Ed.). .'>S, 
§ 8, etc., 
amended. 



Recovery of 
uncollected 
taxes, etc., 
action by 
commissioner. 



accountant or similar official. If the assessment was made 
by a board or officer other than the assessors and the tax, 
assessment, rate, charge, costs or interest is part of an 
annual tax, Fuch notice shall also be given to the assessors. 
Upon leceipt of such notice, the collector shall make due 
entry of the abatement in his books, except where the tax, 
assessment, rate or charge is an item in a tax title account 
set up under section fifty of chapter sixty, in which case he 
shall forthwith transmit such notice to the treasurer, who 
shall forthwith enter the abatement on the tax title account, 
and the treasurer shall thereby be relieved of further re- 
sponsibility with respect to the amount abated. Whenever 
any tax, assessment, rate, charge, costs or interest consti- 
tuting an item in a tax title account is abated in whole or in 
jiai't, the account, if any, .set up on the books of the town 
showing the amount of tax title revenue available when 
collected shall be reduced accordingly. Whenever any tax, 
which word as used in this sentence shall be construed to 
mean the tax assessed under this chapter and not to include 
any assessment, rate, charge, costs or interest added thereto, 
is abated in whole or in part, whether or not such tax has- 
been collected and whether or not such tax is secured by a 
tax title held by the town, the amount of the abatement 
shall be charged against the overlay of the year of such tax. 
Section 2. Chapter fifty-eight of the General Laws is 
hereby amended b}^ striking out section eight, as most re- 
cently amended b}^ section one of chapter three hundred 
and twenty-two of the acts of nineteen hundred and thii-ty- 
five, and inserting in place thereof the following section: — 
Section 8. Whenever it appears to the commissioner that 
at the end of two years from the commitilient of any war- 
rant to a collector any taxes upon such warrant remain un- 
collected, or if collected have not been turned over to the 
town treasurer, the commissioner shall within three months 
bring the matter to the attention of the attornej^ general, 
who may bring or cause to be brought an action of contract 
in the name of the town against the collector and upon his 
bond, in the superior court for the county where th(! town 
lies. Any amount recovered under this section shall be paitl 
into the treasury of the town in whose name the action is 
prosecuted; but all reasonable expenses incurred by the 
attorney general in any such action shall be borne by the 
town, and may be recovered from it by the commonwealth 
in contract. If, at any time after anv tax, assessment, rate 
oi- other charge has been committed to a collector such tax, 
assessment, rate or charge, or any interest thereon or costs 
relative thereto, remains unpaid and the commissioner is of 
the opinion that such tax, assessment, rate, charge, costs or 
interest should be abated, he may, in writing, authorize the 
assessors or the board or officer assessing such tax, assess- 
ment, rate or charge, to abate any part or the whole of such 
tax, assessment, rate, chai-ge, costs or interest, whether or 
not the same is secured by a tax title held by the town. 



Acts, 1945. — Chap. 352. 303 

The assessors or the board or officer aforesaid may there- 
upon make the abatement authorized and enter the same in 
their or his record of abatements, making reference in said 
record to such authorization as the cause or reason for the 
abatement. If there is more than one such tax, assessment, 
rate or charge, the abatement may be authorized and made 
either by items or by a sum total, stated in such written 
authorization. Whenever authority to abate is granted 
under this section, the commissioner shall forthwith give 
written notice of the grant of such authority to the collectoi-, 
and, if the tax, assessment, rate, charge, costs or interest 
involved is secured by a tax title held by the town, also to 
the treasurer. . Approved May 25, 19/^5. 

An Act providing that negligence of the parent or Cha7).'ib2 

CTTSTODIAN OF AN INFANT SHALL NOT BE IMPUTED TO 
THE INFANT FROM THE FACT OF SUCH PARENTHOOD OR 
CUSTODIANSHIP. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and thirty-one of the g. l. (Tit. 
General Laws is hereby amended by inserting after section neV'i^ssb, 
eighty-five C, inserted by section one of chapter four hun- a^'<'<^''< 
dred and thirty-nine of the acts of nineteen hundred and 
thirty-seven, the following section: — Section 85D. In all Negligence of 
actions to recover damages for injury to the person or not to 'be im- 
property of an infant, the negligence of the parent or other rnVanl*" 
custodian of the infant shall not be imputed to the infant 
from the fact of such parenthood or custodianship. 

Section 2. Section one hundred and forty-one of said ^^;,\\' '^"' 
chapter two hundred and thirty-one, as most recently § iii. et<-'.. 
amended by section two of chapter three hundred and fifty '"'""' " 
of the acts of nineteen hundred and fortj^-three, is hereby 
further amended by inserting after the words "eighty- 
five A" in the fourteenth line the following: — , eighty- 
five B, eight^^-five D, — so as to read as follows: — Section section.s .•,,.- 
141. Sections one, two, three, four, four A, five, six, seven, ^iviTacdon^ 
ten, eleven, twelve, thirteen, thirteen A, fourteen, fifteen, |,ou"tl ''"'*"' ' 
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, thirtj'^-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, fiftj^-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, seventj-^-four, seventy-five, seventy-nine, 
eighty-five, eighty-five A, eighty-five B, eighty-five D, 
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 



304 Acts, 1945. — Chap. 353. 

hundred and two, one hundred and three, one hundred and 
four, one hundred and five, one hundred and six, one hun- 
dred and seven, one hundred and eight, one hundred and 
nine, one hundred and ten, one hundred and twentj^-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. This act shall not affect the laws applicable 

to any action to recover damages for the death of an infant. 

dfte^''"" Section 4. This act shall take effect on September first 

in the current year and shall apply to causes of action arising 

after said date. Approved May 25, 1945. 

C/iap.353 An Act providing retirement allowances for persons 

EMPLOYED AT THE GRANITE AVENUE BRIDGE, SO CALLED, 
between THE TOW^N OF MILTON AND THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Except as hereinafter provided, regular and 
permanent employees of the commission appointed under 
section one of chapter seven hundred and seventy-one of the 
acts of nineteen hundred and thirteen, and having control 
of the Granite Avenue Bridge, so called, between the town 
of Milton and the city of Boston, in this act called the com- 
mission, shall, for the purpose of providing retirement allow- 
ances, be deemed to be emplo3^ees of the city of Boston 
within the meaning of section two of chapter five hundred 
and twenty-one of the acts of nineteen hundred and twenty- 
two, known as the Boston Retirement Act, and shall have 
all the rights, benefits and privileges and shall be subject to 
all the conditions and restrictions specified in said act in 
respect to employees of the city of Boston as therein defined 
who are members of the retirement system established by 
said chapter. Every such employee in the service of the 
commission on the effective date of this act shall have the 
option of becoming a member of said retirement system or 
not, and shall be deemed to have elected to become a mem- 
ber thereof upon the expiration of sixty days after said date, 
unless within said period he notifies the Boston retirement 
board in writing that he does not wish to become such a 
member. Such an employee maj^ become a member of said 
system at any time within said period of sixty days upon 
notice in writing to said board. In relation to its employees 
who become members of said system, the commission shall 
be deemed the head of a department within the meaning of 
said chapt(;r five liundred and twenty-one. 



Acts, 1945. — (/hap. 353. 305 

Section 2, The treasurer of the city of Boston and the 
treasurer of the town of Milton shall each witlihold four 
per cent of the regular compensation due from the county 
of Suffolk or the town of Milton, as the case may be, on 
each pay day to each employee of the commission who is a 
member of the Boston retirement system and pay the same 
to the Boston retirement board, who shall deposit the same 
in the annuity savings fund, established under section six 
of said chapter five hundred and twenty-one, to the credit 
of such member. 

Section 3. Such sums as shall be necessary to provide 
all pension payments on account of employees of the com- 
mission who become members of the retirement system shall 
be provided equally by the county of Suffolk and the town 
of Milton, and the treasurer of the city of Boston and the 
treasurer of the town of Milton shall pay said sums to the 
said retirement board, to be deposited in its pension accumu- 
lation fund, at such times and in such instalments and 
amounts as shall be required by the said retirement board, 
in conformity with the provisions of said chapter five hun- 
dred and twenty-one. Such payments shall be considered 
as part of the expense of maintaining and operating the 
bridge under the control of the commission in connection 
with which said employees are employed, but no statutory 
tax limit shall apply to the raising of any funds necessary 
to comply with this section. 

Section 4. Any person employed by the commission on 
February first, nineteen hundred and forty-five, who be- 
comes a member of the Boston retirement system on or 
before the expiration of sixt}^ days after the effective date 
of this act, as provided in section one, shall, for the purpose 
of determining the amount of his pension pa3^able under 
subsection (c) of section ten of said chapter five hundred and 
twenty-one, be deemed to have been an employee of the 
city of Boston on February first, nineteen hundred and 
forty-five and to have become a member of said system 
within one year from said date. 

Section 5. Any amounts paid or payable by said county 
and said town, under the provisions of the workmen's com- 
pensation law, to an employee of the commission who is a 
member of the said retirement system or to the dependents 
of any such member on account of his death or disability 
shall be offset against and payable in lieu of any benefits 
payable out of the funds provided by said county and said 
town under the provisions of this act on account of the death 
or disabihty of such member. If the value of the total 
commuted benefits so paid or payable is less than the reserve 
on the pension otherwise payable under this act, the value of 
such commuted benefits shall be deducted from such pension 
reserve and such benefits as may be provided by the pension 
reserve so reduced shall be payable under the provisions of 
this act. 

Section 6. On and after January first, nineteen hun- 



306 Acts, 1945. — ( 'haps. 354, 355. 

(Ired and forty-seven, the services of every employee of the 
commission, not a veteran of tl)e Spanish War or Philippine 
Insurrection or the World War as defined in section fifty-six 
of chapter thirty-two of the General Laws, who attains or 
has attained the age of seventy and who is not then a mem- 
ber of the said retirement system, shall terminate forthwith. 
Section 7. This act shall take full effect upon its ac- 
ceptance by the selectmen of the town of Milton, and by 
vote of the city council of the city of Boston, subject to the 
provisions of its charter, but not otherwise. 

Approved May 25, 1945. 



Chap.354: An Act relative to exemptions from the application 

OF THE STATE LABOR RELATIONS LAW. 

Be it enacted, etc., asfolloivs: 

v'i\" i^()\ Section ten of chapter one hundred and fifty A of the 

§''io,' ftr., ' General Laws, as appearing in section two of chapter three 
am.nd.a. hundi'cd and fort.y-five of the acts of nineteen hundred and 

thirty-eight, is hereby amended by striking out paragraph 
(b) and inserting in place thereof the following paragraph: — 
Y?h'^''''r" ^^^ "^^^^^ chapter shall not be deemed applicable to any 

liir'itwii'. '^' unfair labor practice involving employees who are subject 
to and protected by the Federal Railway Labor Act or in- 
volving any employees who are actually engaged in inter- 
state commerce or any employees actually engaged in pro- 
ducing goods for shipment in interstate commerce. 

Approved May 25, 1945. 



Cha'P.S5d ^'^^ ^^'^ EXEMPTING THE POSITION OF SCHOOLHOUSE CUS- 
TODIAN OF THE CITY OF BOSTON FROM THE CIVIL SERVICE 
LAWS. 

Be it enacted, etc., as follows: 

G L. (Tor. Section five of chapter thirty-one of the General Laws, 

otV.'ain.'ii.i'.-d. as most recently amended by section three of chapter four 
hundred and two of the acts of nineteen hundred and forty- 
one, is hereby further amended by inserting after the word 
"city" in the twenty-second line the following: — ■ ; the 
schoolhouse custodian of the city of Boston, — so as to 
ciertaiu oHicers read as f oUows : — Section 5. No rule made by the com- 
oh^^orv^r"' mission shall apply to the selection or appointment of any 
'•'"^ of the following: — 

Judicial officers; officers elected by the people or, except 
as otherwise expressh^ provided in this chapter, by a city 
council; officers whose appointment is subject to confirma- 
tion by the executive council; officers whose appointment 
is subject to confirmation by the city council of any city, 
except those expressly made subject to this chapter by sec- 
tion forty-seven C; officers whose appointment is subject 
to the approval of the governor and council; officers elected 



Acts, 1945. — Chap. 356. 307 

by either branch of the general court and the appointees of 
such officers; heads of principjd departments of the com- 
monwealth or of a city except as otherwist; provided by sec- 
tion four or as otherwise required by section forty-seven C; 
directors of divisions authorized by law in the departments 
of the commonwealth, except those expressly made subject 
to this chapter; employees of the state treasurer appointed 
under section five of chapter ten, employees of the com- 
missioner of banks, and of the treasurer and collector of 
taxes of any city; two employees of the city clerk of any 
city; the schoolhouse custodian of the city of Boston; 
public school teachers; secretaries and confidential stenog- 
raphers of the governor, or of the mayor of any cit}'; clerical 
employees in the registries of probate of all the counties; 
police and fire commissioners and chief marshals or chiefs of 
police and of fire departments, except as provided in section 
forty-nine; and such others as are by law exempt from the 
operation of this chapter. Approved May 28, 1945. 



An Act relative to the rights of certain beneficiaries Char>.^i\i\ 

UNDER the social SECURITY ACT TO SERVE A WAITING 
PERIOD AND BE PAID BENEFITS UNDER THE EMPLOYMENT 
SECURITY LAW\ 

Whereas, The deferred operation of this act would prevent ismergency 
the accomplishment of one of its purposes, which is to pro- '"^*''^"' 
vide for the immediate payment of benefits under the em- 
ployment security law to certain beneficiaries under the 
social security act, therefore it js hereby declared to be an 
emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Subsection (d) of section twenty-five of chapter one hun- g. l. (Toi. 
dred and fifty-one A of the General Laws, as appearing in |''.',5'pV^'^" 
section one of chapter six hundred and eighty-five of the iin.wi,i<>.i.' 
acts of nineteen hundred and forty-one, is hereby amended 
by striking out all after the word "States" in the eleventh 
line, — so as to read as follows : — 

(d) Any period with respect to which he is receiving or wiun waiting 
lias received or is about to receive remuneration in the form ben"fi'ts "oi 
of (1) payments in lieu of dismissal notice; (2) vacation »"'>«'•'' 
allowances; (3) compensation for partial or total disability 
under the Workmen's Compensation Law of any state or 
under any similar law of the United States, but not including 
payments for certain specified injuries under section thirty- 
six of chapter one hundred and fifty-two; or payments for 
similar specified injuries under workmen's compensation 
laws of any state or under any similar law of the United 
States. Approved May 29, 191^5. 



308 Acts, 1945. — Chaps. 357, 358. 

Chap.S57 An Act designating the riverside public golf links, 

so CALLED, IN THE CITY OF NEWTON AND TOWN OF WESTON, 
AS THE LEO JEROME MARTIN MEMORIAL GOLF COURSE. 

Be it enacted, etc., as follows. • 

Section 1. The golf course in the city of Newton and 
town of Weston, now commonly known as the Riverside 
Public Golf Links, shall be known and designated as the 
Leo Jerome Martin Memorial Golf Course, and a suitable 
tablet or marker bearing said designation shall be erected 
at said golf course by the metropolitan district commission. 

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

Approved May 29, 1945. 



Chap.35S An Act establishing a recreation commission in the 

city of woburn. 

Be it enacted, etc., as follows: 

Section L A recreation commission, hereinafter re- 
ferred to as the commission, is hereby established in the city 
of Woburn. The commission shall consist of five persons 
who shall serve without compensation. Two members shall 
be appointed by the mayor of said city, two by the city 
council thereof and one by the school committee thereof. 
Of the members originally appointed by the mayor one shall 
serve for a term of five years and one shall serve for a term 
of four years, and of the members originally appointed by 
the city council one shall serve for a term of three years and 
one shall serve for a term of two years, and the member 
originally appointed by the school committee shall serve 
for a term of one year. Upon the expiration of the term of 
any member, his successor shall be appointed for a term of 
five years in the manner provided for the appointment of 
the member whose term expires. All members shall serve 
until the qualification of their respective successors. Any 
vacancy occurring in the commission shall be filled for the 
remainder of the term by the mayor, by the city council or 
by the school committee, according as the original appoint- 
ment was made. 

Section 2. Immediately after their appointment, and 
annually thereafter, the members of the commission shall 
meet and organize by electing one of their members president 
and by electing such other officers as may be necessary. The 
commission may adopt rules and regulations for the proper 
conduct of pubUc recreation for the city. 

Section 3. The powers, duties and liabilities conferred 
or imposed by chapter one hundred and seventy-two of the 
acts of eighteen hundred and ninety-seven, as amended by 
chapter three hundred and seventy-two of the acts of nine- 
teen hundred and fourteen, on the superintendent of public 
works of said city in respect to the laying out and care of 
public parks and work in and upon the same, and the care. 



Acts, 1945. — Chap. 358. 309 

superintendence and management of public grounds, except 
such as are under the control of the school committee, are 
hereb}' transferred to the commission. The commission 
shall have the sole care, control, superintendence and man- 
agement of the public parks and management of playgrounds 
in said city, and shall provide, conduct and supervise play- 
grounds, athletic fields, recreation centers and other recrea- 
tional facilities on such public parks and public grounds 
therein, and on privately owned properties therein the 
owners of which in writing so authorize. The commission 
shall not incur debts or liabilities for purposes other than 
those above referred to nor to an amount exceeding the 
funds subject to their order. 

Section 3A. The treasurer of said city is hereby au- 
thorized to receive and hold any appropriation granted to 
the commission for the purposes of this act and any gifts 
or bequests of money or donations or other personal property 
as provided in section five, and all such appropriations and 
property so received shall always be kept separate from any 
other moneys or property in the hands of the treasurer, shall 
be subject to the order of said commissioners, and shall be 
expended by them in such manner as shall in their opinion 
best promote the purposes for which such appropriation, 
gift, bequest or donation was or is made. The bond of said 
treasurer shall apply to and include duties performed under 
this act. 

Section 4. The commission may appoint as superin- 
tendent a person who is trained and properly qualified for 
the work, and may appoint such other personnel as it deems 
proper. 

Section 5. The commission may solicit or receive any 
gifts or bequests of money or other personal property or 
any donation to be applied, principal or income, for either 
temporary or permanent use for playgrounds or other 
recreational purposes under its control. 

Section 6. The commission shall annually make and 
render to the mayor and city council of said city a report in 
writing of their acts and doings and of the condition of the 
parks, playgrounds and other pubHc property under their 
control and shall render such other reports from time to 
time as shall be requested qf them by said mayor and city 
council, or either. 

Section 7. This act shall be submitted to the registered 
voters of the city of Woburn at its biennial municipal elec- 
tion 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-five, entitled 'An 
Act establishing a recreation commission in the city of 
Woburn', be accepted?" If a majority of the voters voting 
thereon vote in the affirmative in answer to said question, 
then this act shall thereupon lake full effect in said city, 
but not otherwise. Approved May 29, 194,5. 



3iy 



Acts, 1945. — Chaps. 359, 360. 



G. 1,. (Ter. 
Kd.), 43A. § 6, 
etc., amended. 



Noiiiiiiiitioti of 
candidates for 
town meeting 
members. 



C/iap.S59 An Act fixing the time for the filing of notices of 

CANDIDATES FOR RE-ELECTION AS TOW^N MEETING MEM- 
BERS IN TOWNS HAVING A STANDARD FORM OF REPRE- 
SENTATIVE TOWN MEETING GOVERNMENT. 

Be it enacted, etc., as follows: 

Section six of chapter forty-three A of the General Laws, 
as most recently amended b}- section four of chapter four 
hundred and fifty-three of the acts of nineteen hundred and 
forty-three, is hereby furtlier amended by striking out, in 
the twenty-second line, the words "at least thirty days 
before the election" and inserting in place thereof the words: 
— - not later than fourteen days prior to the last day and 
hour for filing nomination papers, — so as to read as follows : 
— Section 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 bj- not less than ten voters of the 
precinct in which the candidate 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; pro- 
vided, that any town meeting member, 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 government provided by this 
chapter, may become a candidate for re-election by giving 
written notice thereof to the town clerk not later than 
fourteen days prior to the last day and hour for filing nomi- 
nation papers. 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 candidate whose written acceptance 
is not thereon or attached thereto when filed. 

Approved May 29, 1945. 



Chap.SQO An Act authorizing the city of boston to pay a sum 

OF MONEY TO THE FATHER OF KENNETH BALDASSARI. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obli- 
gation, the city of Boston may pay to Salvatore Baldassari 
of said city a sum not exceeding five thousand dollars, for 
the benefit of his minor son, Kenneth Baldassari, who sus- 



Acts, 1945. — Chap. 361. 311 

tained permanent injuries on January thirty-first, nineteen 
hundred and forty-one, by reason of snow and ice falling 
from a public school building in said city. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of the citj'^ council of said city, subject to 
the provisions of its charter, but not otherwise. 

Approved May 29, 1945. 



An Act authorizing the city of boston to take ad- 
vantage OF THE FAVORABLE CONDITIONS FOR THE BOR- 
ROWING OF MONEY AND THEREBY REDUCE THE DEBT 
SERVICE OF THE TRAFFIC TUNNEL BONDS BY PROVIDING 
FUNDS NECESSARY TO MEET THE PAYMENT OF SAID BONDS 
AT THEIR CALL DATE. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of taking advantage of the 
favorable conditions existing for the borrowing of money 
at a low rate of interest to provide funds to meet the pay- 
ment at the earliest date permitted of bonds designated as 
Traffic Tunnel Bonds, City of Boston, Act of 1929, Traffic 
Tunnel Bonds, City of Boston, Act of 1929, Series B and 
Traflic Tunnel Bonds, City of Boston, Act of 1929, Series C, 
issued under authority of chapter two hundred and ninety- 
seven of the acts of nineteen hundred and twenty-nine, as 
amended by chapter two hundred and eighty-seven of the 
acts of nineteen hundred and thirty-two, chapters seventy- 
four, three hundred and twelve and four hundred and fifty- 
five of the acts of nineteen hundred and thirty-five and 
chapter ninety-three of the acts of nineteen hundred and 
thirty-seven, the treasurer of the city of Boston, subject 
to the provisions of this act, may, with the approval of the 
mayor of the city and without any other authority than 
that contained in this act, issue and sell at public or private 
sale serial bonds of the city, registered or with interest cou- 
pons attached, as he may deem best, to an amount not 
exceeding sixteen million, five hundred thousand dollars. 
Such bonds shall be designated on their face, Traffic Tunnel 
Retirement Bonds, City of Boston, Act of 1945, shall be for 
such terms, not exceeding thirty-five years, as the mayor 
and the treasurer of the city may determine and shall bear 
such interest, payable semi-aftnually, as the mayor and 
treasurer of the citj^ may determine. Such bonds may be 
called, retired and cancelled in whole or in part by the city 
on any date upon which interest is payable on said bonds 
on or after twenty years from their respective dates, by 
payment by the city of the amount of the face of said bonds 
with any accumulated unpaid interest, and the bonds shall 
contain a statement to that effect. The proceeds of the sale 
of such bonds, except premiums, shall be paid to tiie board 
of commissioners of sinking funds to be added by them, in 
such proportions as they shall deem best suited to meet thf^ 



Chap.SQl 



312 Acts, 1945. — Chap. 361. 

requirements of section three, to the primar}^, first supple- 
mental and second supplemental sinking funds established 
under said chapter two hundred and ninety-seven of the 
acts of nineteen hundred and twenty-nine, as amended, 
subject however to the provisions of section two of this act 
relating to the use of interest received from the investment 
of such proceeds. Any premium received upon such bonds, 
less the cost of preparing, issuing and marketing them, shall 
be paid to the board of commissioners of sinking funds and 
applied by them as required by said section two. The debt 
incurred under the provisions of this act shall not be in- 
cluded in determining the limit of indebtedness of the city 
as established by law. 

Section 2. The board of commissioners of sinking funds 
shall invest and reinvest the proceeds from the sale of the 
Traffic Tunnel Retirement Bonds, City of Boston, Act of 
1945, issued under this act in obligations of the government 
of the United States to be held by them, subject to the 
provisions of this act, in the primary sinking fund, first 
supplemental sinking fund and second supplemental sink- 
ing fund as required by section one. The board of com- 
missioners of sinking funds shall annuallj^ pay to the treas- 
urer of the city so much of the interest received by them on 
account of the said obligations of the government of the 
United States, together with any premiums realized from 
sales of said obligations and from sales of the bonds au- 
thorized under this act, as may be necessary to meet the 
interest requirements of the Traffic Tunnel Retirement 
Bonds, City of Boston, Act of 1945, issued under authority 
of this act; provided, that in determining the amount of 
the payment to be made to the treasurer of the city the 
board of commissioners of sinking funds shall make allow- 
ance for amortizing the premiums, if any, paid by them for 
said obligations of the government of the United States. 

Section 3. If Traffic Tunnel Retirement Bonds, City of 
Boston, Act of 1945, are issued under this act the city shall 
call, retire and cancel, at the earliest date permitted, said 
Traffic Tunnel Bonds, City of Boston, Act of 1929, TraflSc 
Tunnel Bonds, City of Boston, Act of 1929, Series B and 
Traffic Tunnel Bonds, City of Boston, Act of 1929, Series C, 
in accordance with their terms, by payment by the city of 
the amount of the face of said bonds with any accumulated 
unpaid interest. For the pflrpose of meeting the payment 
of said bonds, as they are called, retired and cancelled as 
required by this section, the board of commissioners of sink- 
ing funds are hereby authorized and directed, to the extent 
necessary, to make payments to the treasurer of the city on 
account of the same from the primary sinking fund, the 
first supplemental sinking fund and the second supplemental 
sinking fund; provided, that payments from the primary 
sinking fund shall be used only to meet payments of ^rraffic 
'i'unnel Bonds, City of Boston, Act of 1929, that payments 
from the first supplemental sinking fund shall be used only 



Acts, 1945. — Chap. 361. 313 

to meet payments of Traffic Tunnel Bonds, City of Boston, 
Series B and that payments from the second supplemental 
sinking fund shall he used onh' to meet pa,yments of Traffic 
Tunnel Bonds, City of Boston, Act of 1929, Series C. Any 
excess in the primary sinking fund, the first supplemental 
sinking fund or the second supplemental sinking fund in 
excess of the amounts required to retire the Traffic Tunnel 
Bonds, City of Boston, Act of 1929, the Traffic Tunnel 
Bonds, City of Boston, Act of 1929, Series B, and the Traffic 
Tunnel Bonds, City of Boston, Act of 1929, Series C, shall 
be held by the board of commissioners of sinking funds as 
a part of the third supplemental sinking fund established 
under section eight of said chapter two hundred and ninety- 
seven of the acts of nineteen hundred and twenty-nine, as 
amended by section four of this act, to be used only to meet 
the payment of interest and principal of the Traffic Tunnel 
Retirement Bonds, City of Boston, Act of 1945, issued 
under authority of this act. 

Section 4. Said chapter two hundred and ninety-seven 
of the acts of nineteen hundred and twenty-nine is hereby 
amended by striking out section eight, as most recently 
amended by section one of chapter four hundred and fifty- 
five of the acts of nineteen hundred and thirty-five, and in- 
serting in place thereof the following section :^ — Section 8. 
For the purpose of meeting the cost of the tunnel, which 
shall include all expenses incurred in laying out and con- 
structing the same and all facilities and appurtenances in- 
cidental thereto, including plazas, street approaches, and 
additional street and traffic improvements, all as described 
in section one, and all land damages, expenses of the depart- 
ment, such proportion of the salaries of the department as 
may in its opinion be properly chargeable thereto and all 
interest accruing prior to the use of the tunnel on debt 
incurred for the foregoing, the treasurer of the city shall, 
from time to time, on request of the department, with the 
approval of the mayor of the city, and without any other 
authority than that contained in this act, issue and sell at 
public or private sale the bonds of the city, registei-ed or 
with interest coupons attached, as he may deem best, to an 
amount not exceeding nineteen million, six hundred thou- 
sand dollars. Such bonds shall be designated on their face, 
Traffic Tunnel Bonds, City of Boston, Act of 1929, sixteen 
million dollars of which shall be for such terms, not exceed- 
ing fifty 3^ears, and three million dollars of which shall be 
for such terms, not exceeding thirty years, and six hundred 
thousand dollars of which shall be for such terms, not ex- 
ceeding thirty years, as in each case the mayor and the 
treasurer of the city may determine, and shall bear such 
interest, paj^able semi-annually, as the mayor and the 
treasurer of the city may determine. Such bonds may be 
called, retired and cancelled by the city on any date upon 
which interest is paj'-able on said bonds after twenty years 
from their respective dates, by payment by the city of the 



314 Acts, 1945. — Chap. 361. 

H,moun<, of the face of said bonds witli any accumulated 
unpaid interest, and the bonds shall contain a statement to 
such effect. The proceeds of such bonds shall be used only 
to meet the cost of the tunnel as hereinbefore defined. The 
said three million dollars of bonds shall also be designated 
on their face, Series B. The said six hundred thousand dol- 
lars of bonds shall also be designated on their face, Series C. 
Tlie debt incurred from time to time under the provisions of 
this act shall not be included in determining the limit of 
indebtedness of the city as established by law. The board 
of sinking fund commissioners of the city shall establish a 
primary sinking fund for the payment of the said sixteen 
million dollars of bonds, a first supplemental sinking fund 
for the payment of the principal and interest of the said 
three million dollars of bonds, a second supplemental sink- 
ing fund for the payment of the principal and interest of the 
said six hundred thousand dollars of bonds, and a third 
supplemental sinking fund for the payment of the principal 
and interest of Traffic Tunnel Retirement Bonds, City of 
Boston, Act of 1945. There shall annually be paid into 
such primary sinking fund from tolls and charges or other- 
wise as hereinafter provided such sum at least as is necessary 
to provide for the payment of the said sixteen million dol- 
lars of bonds at the expiration of twenty years from their 
respective dates, and from the remainder of tolls and charges 
available there shall annually be paid into such first supple- 
mental sinking fund such sum at least as is necessary to 
provide for the payment of the interest on th§ said three 
million dollars of bonds as it becomes due and tlie principal 
of such bonds at the expiration of twenty years from their 
respective dates, and from any such tolls and charges then 
remaining there shall annually be paid into such second 
supplemental sinking fund such sum at least as is necessary 
to provide for the payment of the interest on the said six 
hundred thousand dollars of bonds as it becomes due and 
the principal of such bonds at the expiration of twenty 
years from their respective dates, and from any such tolls 
and charges then remaining there shall annually be paid 
into such third supplemental sinking fund such sum as is 
necessary to provide for the payment of interest and serial 
maturities of Traffic Tunnel Retirement Bonds, City of 
Boston, Act of 1945; provided, that the first payment into 
any of said funds shall not be made prior to the expiration 
of one year after the entire tunnel is in operation. Upon 
and after the completion of the tunnel as aforesaid there 
shall also be paid into said primary sinking fund the proceeds 
received from any sales or leases under section four and, the 
balance of the proceeds of any bonds issued hereunder 
previous to the effective date of chapter two hundred and 
eighty-seven of the acts of nineteen hundred and thirty-two 
and not then any longer required for construction purposes. 
All tolls, rents, percentages, compensation and other 
charges received for any use of the tunnel shall be used by 



Acts, 1945. — Chap. 361. 315 

the treasurer of the city only to meet the operating costs as 
defined in section nine. 

Section 5. Said chapter two hundred and ninety-seven 
of the acts of nineteen hundred and twenty-nine is hereby 
further amended by striking out section nine, as most re- 
centl}^ amended by section two of said chapter four hundred 
and fifty-five of the acts of nineteen hundred and thirty- 
five, and inserting in place thereof the following section : — 
Section 9. Upon the completion of the tunnel, the public 
works department of the city shall operate the same as a 
toll tunnel, and shall from time to time establish a schedule 
of tolls and charges for the use of the same, which, in the 
opinion of said public works department, subject to the 
approval of the department of public utiHties, will pay all 
operating costs, which term wherever used in this act shall 
include charges for adequate maintenance and upkeep, 
operating expenses including therein proper policing, fight- 
ing and ventilating, interest on all bonds or notes issued 
under authority hereof, and such annual amounts as are 
necessary to provide a primary sinking fund for the payment 
of the principal of the said sixteen million dollars of bonds 
upon the expiration of such period of time, not less than 
twenty nor more than fifty years after their respective dates, 
a first supplemental sinking fund for the payment of the said 
three million dollars of bonds upon the expiration of such 
period of time, not less than twenty nor more than thirty 
years after their respective dates, a second supplemental 
sinking fund for the payment of the said six hundred thou- 
sand dollars of bonds upon the expiration of such period of 
time, not less than twent}^ j^ears nor more than thirty years 
after their respective dates, and such annual amounts as are 
necessary to provide for the interest and serial maturities of 
the Traffic Tunnel Retirement Bonds, City of Boston, Act 
of 1945, as in each case said public works department, with 
the approval of the department of public utilities, shall from 
time to time determine. If in any year such schedule of 
tolls and charges should prove to be insufficient, said pubhc 
works department shall establish such tolls and charges as 
will provide sufficient revenue to meet any deficit; provided, 
that if in the opinion of said public works department such 
new schedule of rates and charges would not result in an 
increase in revenue, then it may establish such new schedule 
of tolls and charges as it deems will produce the maximum 
revenue and any deficits resulting therefrom sliall be met as 
provided in section eleven. All schedules of tolls and charges 
established under this section or under section twelve shall 
be subject to the approval of the department of public 
utiUties. Said pubUc works department shall collect such 
tolls and charges from the driver of each vehicle using said 
tunnel, and shall daily pay the same over to the city col- 
lector of Boston; provided, that no toll or charge shall be 
collected from the drivers of vehicles owned by the city, or 



316 Acts, 1945. — Chap. 361. 

by the Boston protective department or from drivers of 
ambulances. 

Section 6. Said chapter two hundred and ninety-seven 
of the acts of nineteen hundred and twenty-nine is hereby 
further amended by striking out section eleven, as most 
recently amended by section one of chapter ninety-three of 
the acts of nineteen hundred and thirty-seven, and inserting 
in place thereof the following section: — Section 11. If at 
any time during the operation of said tunnel the receipts 
from tolls and charges as established under section nine or 
under section twelve are insufficient to meet the operating 
costs, the treasurer of the city is hereby authorized and di- 
rected to make payments on account of the same from any 
funds in the treasury of the city, including temporary tax 
loan funds but excluding trust funds. If for any year ending 
on the last day of December the operating costs exceed the 
receipts from such tolls and charges, the said treasurer shall 
notify the assessors of the city of the amount of such excess 
and the same amount shall be added to the amount to be 
raised by the city in the next annual tax levy, kny such 
amount shall be in excess of the limit imposed by law on the 
amount to be raised for municipal purposes by taxation in 
said city. 

Section 7. Said chapter two hundred and ninety-seven 
of the acts of nineteen hundred and twenty-nine is hereby 
further amended by striking out section twelve, as most 
recently amended by section two of said chapter ninety- 
three of the acts of nineteen hundred and thirty-seven, and 
inserting in place thereof the following section : — Section 
12. Whenever on the last day of December in any year 
the receipts from tolls and charges as established under 
section nine or under this section exceed the operating costs 
such excess shall be paid to the board of commissioners of 
sinking funds to be held by them as a part of the third sup- 
plemental sinking fund hereinbefore estabhshed, to the ex- 
tent necessary to provide for the payment of Traffic Tunnel 
Retirement Bonds, City of Boston, Act of 1945, at the 
expiration of twenty years after their respective dates. If 
any such excess remains after such provision has been made 
in any year with respect to the said bonds, such remainder 
shall be transferred to the general funds of the city so far as 
necessary to reimburse it for any amounts raised by taxation 
under this act, or on account of interest and serial maturi- 
ties of Traffic Tunnel Retirement Bonds, City of Boston, 
Act of 1945. If any such excess shall occur after the city 
shall have been reimbursed in full for all amounts so raised 
by taxation, the public works department shall, subject to 
the provisions of section nine, establish a reduced schedule 
of tolls and charges, sufficient, however, to meet the oper- 
ating costs. 

Section 8. The treasurer of the city with the approval 
of the mayor shall arrange the serial maturities of the 
Traffic Tunnel Retirement Bonds, City of Boston, Act of 



Acts, 1945. — Chap. 362. 317 

1945, authorized to ho issued under this act. 'I'lie first of 
such annual payments shall be made not later than six years 
after the date of the bonds issued hereunder. In arranging 
said maturities the treasurer shall take into account the 
annual interest requirements of Traffic Tunnel Bonds, City 
of Boston, Act of 1929, Traffic Tunnel Bonds, City of Bos- 
ton, Act of 1929, Series B, Traffic Tunnel Bonds, Cit}^ of 
Boston, Act of 1929, Series C, and the interest and serial 
maturities of Traffic Tunnel Retirement Bonds, Cit}^ of 
Boston, Act of 1945, less the payments to be made by the 
board of commissioners of sinking funds under section two 
of this act, and shall so arrange said maturities that the 
total annual payment in any one year on account of all such 
requirements shall not be greater by more than ten thousand 
dollars than am^ such payment in any preceding year. The 
determination of the mayor and the treasurer that the ma- 
turities comply with the requirements of this act shall be 
conclusive evidence of such comphance. Except as other- 
wise provided in this act indebtedness incurred hereunder 
shall be subject to chapter fort3'-four of the General Laws. 

Section 9. In case it shall be determined that any 
provision of this act cannot be carried out without impair- 
ing rights secured by the constitution of the United States, 
then it shall be carried out to the extent possible without 
such impairment. If any provision of this act shall be in- 
valid, such invalidit}^ shall not affect any other provisions 
of this act or the validity of any bonds authorized by any 
other provision of this act. 

Section 10. This act shall take full effect upon its ac- 
ceptance on or before July first of the current year by vote 
of the city council of the city of Boston, subject to the 
provisions of its charter, but not otherwise. 

Approved May 29, 1945. 



An Act entitling a person substituting for a clerk, Chap.SQ2 

ASSISTANT clerk OR PROBATION OFFICER OF A DISTRICT 
COURT TO THE SAME PERIODS OF ABSENCE WITHOUT LOSS 
OF PAY AS ARE PROVIDED BY LAW IN THE CASE OF THE 
PERSON IN WHOSE PLACE HE SERVES. 

Whereas, The deferred operation of this act would tend p^ambi"^^ 
to defeat its purpose, w^hich in part is to provide, during the 
coming summer, for persons substituting for clerks and other 
officers referred to therein, a period or periods of absence 
without loss of pay, therefore this act is hereby declared to 
be an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as folloivs: 

Chapter seven hundred and eight of the acts of nineteen 
hundred and forty-one is hereby amended by adding after 
section twenty-six, added by section eight of chapter five 
hundred and forty-eight of the acts of nineteen hundred and 



318 Acts, 1945. — Chap. 363. 

forty-Miree, the following section: — Section 27. Any per- 
son appointed under section nine or eleven of chapter two 
hundred and eighteen of the General Laws or section eighty- 
nine of chapter two hundred and seventy-six of the General 
Laws to serve in place of any clerk, assistant clerk or proba- 
tion officer of a district court, who is on leave of absence 
within the meaning of section one of this act, shall be en- 
titled, while so serving, to the same periods of absence with- 
out loss of pay as are provided by law in the case of the 
person in whose place he serves. 

Approved May 31, 1945. 



Chap.SQS An Act relative to the appointment of election offi- 
cers IN TOWNS HAVING PRECINCTS. 

Be it enacted, etc., as follows: 

EdV' ^A^'iv^ Chapter fifty-four of the General Laws is hereby amended 
etc!, 'ampruiea. by Striking out section twelve, as amended by section two 
of chapter one hundred and fifty-eight of the acts of nine- 
teen hundred and thirty-four, and inserting in place thereof 
Election officers the following scctlon : — Section 12. The selectmen of every 
dividedlnto town divided into voting precincts shall annually, not 
preo?ncts. carHer than July fifteenth nor later than August fifteenth, 

appoint as election officers for each voting precinct, one 
warden, one deputy warden, one clerk, one deputy clerk, 
two inspectors and two deputy inspectors, who shall be 
enrolled voters of the town. They may, in like manner, 
appoint two inspectors and two deputy inspectors in addi- 
tion. 

The chairman of the town committee of each pofitical 
party may, not later than June first in each year, file with 
the selectmen a list of enrolled members of such party who 
desire appointment as election officers. The lists submitted 
by town committees shall contain not more than eight 
names for each office to be filled. Supplemental lists may be 
filed by the said chairman at any time before the appoint- 
ments 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 supple- 
mental list. 

If, upon the expiration of fifteen days after notice given 
in writing prior to June fifteenth in any year by the select- 
men to the chairman of any political committee who has 
not filed original or supplemental lists, the selectmen may 
appoint as election officers enrolled members of the party 
who, in the opinion of the selectmen, are qualified to act as 
such. 

The selectmen 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 



Acts, 1945. — Chaps. 364, 365. 319 

such examination. 1'he chairman of each town committee 
may appear and be heard either in person or b}' counsel, 
during the conduct of such examinations. 

Approved May 31, 1945. 

An Act to clarify and equitably adjust the provi- ('Jku) 3(54 
signs for a saturday half holiday for laborers in ^ "' 
the city of worcester. 

Be it enacted, etc., as follows: 

Section 1. Chapter ninety-one of the acts of nineteen 
hundred and thirty is hereby repealed. 

Section 2. Any employee of the city of Worcester on 
the effective date of this act to whom the provisions of said 
chapter ninety-one applied immediately prior to its repeal 
shall have his wages adjusted to provide for payment in _ 
lieu of the half-holiday provided for by said chapter ninety- ' 
one. Approved May 31, 1945. 



An Act pertaining to the payment of unclaimed de- (^fiQ,, 3(^5 
POSITS in savings banks and trust companies to the ' 

STATE treasurer. 

Be it enacted, etc., as follows. • 

Chapter one hundred and sixty-eight of the General Laws g. l. (Ter. 
is hereby amended by striking out section forty-two, as amended.' ^ *'' 
appearing in the Tercentenary Edition, and inserting in place 
thereof the following section : — Section 4^- The probate unclaimed 
court, upon the application of the attorney general and after pafd^lo^tate* 
public notice, shall order and decree that all amounts of treasurer. 
money deposited with any such bank in excess of three 
dollars which shall have remained unclaimed for more than 
thirty years and which are credited to depositors who can- 
not be found and who have not made a deposit on account 
of the same and have not withdrawn any part of the princi- 
pal or interest thereof, and on whose pass book the interest 
has not been added for a period of thirty years, and for 
which no claimant is known, shall, with the increase and 
proceeds thereof, be paid to the state treasurer to be held 
subject to be paid to the person establishing a lawful right 
thereto, in accordance with section fort)'"-three, with interest 
at the rate of three per cent per annum from the time when 
it was so paid to said treasurer to the time Avhen it is paid 
by him to such person. 

The probate court, upon the application of the attor- 
ney general, shall order and decree that all amounts of 
money deposited with any such bank amounting to three 
dollars or less which shall have remained unclaimed for 
more than thirty years and which are credited to depositors 
who cannot be found and who have not made a deposit on 
account of same and have not withdrawn any part of the 
principal or interest thereof, and on whose pass book the 



320 Acts, 1945. — Chap. 366. 

interest has not been added for a period of thirty years, and 
for which no claimant is known, shall be paid to the state 
treasurer to be held subject to be paid to the person estab- 
lishing a lawful right thereto, in accordance with said sec- 
tion fortj^-three. 

After six years from the date when such proceeds were 
paid to said treasurer the same may be used as a part of the 
ordinary revenue of the commonwealth. Any person may, 
however, establish his claim at any time after the expiration 
of the six years above mentioned, and any claim so estab- 
lished shall be paid from the ordinary revenue of the com- 
monwealth. Approved May 31, 1945. 



Chap.SQG An Act empowering the commissioner of veterans aid 

AND pensions TO AUTHORIZE THE PAYMENT AS WAR AL- 
• LOWANCES of HOSPITAL AND MEDICAL BILLS OF DEPEND- 
ENTS OF SERVICEMEN IN CASES WHERE SUCH DEPENDENTS 
HAVE DIED. 

Be it enacted, etc., as follows: 

Section one of chapter eleven of the acts of nineteen hun- 
dred and forty-two, as amended by section one of chapter 
two hundred and eleven of the acts of nineteen hundred and 
forty-three, is hereby further amended by inserting after the 
word "commonwealth" in the thirtieth line the following 
sentence : — The commissioner of veterans aid and pensions 
may authorize the payment of medical and hospital bills 
that have accrued during the illness of any dependent rela- 
tive of such a soldier or sailor in case such dependent dies 
while the soldier or sailor is in said service, — so as to read 
as follows : — Section 1 . Any city or town, acting by the 
officers authorized by law to furnish state and military aid, 
may, during the continuance of the existing state of war be- 
tween the United States and any foreign country and for 
six months thereafter, provide a war allowance for the de- 
pendent relatives 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 to have begun on September sixteenth, nineteen 
hundred and forty; provided, that on said September six- 
teenth 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 



Acts, 1945. — Chap. 367. 321 

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 continu- 
ance in said service to the credit of the commonwealth. The 
commissioner of veterans aid and pensions may authorize 
the payment of medical and hospital bills that have accrued 
during the illness of any dependent relative of such a soldier 
or sailor in case such dependent dies while the soldier or 
sailor is in said service. The allowance authorized by this 
section shall cease on the termination of the service by death 
or discharge. Ajpiproved May 31, 194-5. 



An Act relative to payments in lieu of taxes on prop- Chav.S67 

ERTY HELD BY A MUNICIPALITY OR DISTRICT IN ANOTHER 
MUNICIPALITY. 

Be it enacted, etc., as follows: 

Section 1. Section seven of chapter fifty-nine of the g. l. (Ter. 
General Laws, as most recently amended by section twenty- ftc.!'amendld. 
one of chapter four hundred and fifty-one of the acts of 
nineteen hundred and thirty-nine, is hereby further amended 
by striking out, in the twenty-second line, as appearing in 
the Tercentenary Edition, the words "the preceding sec- 
tion" and inserting in place thereof the words: — section 
six, — and by adding at the end the following: : — , but shall 
apply only to property acquired by a city, town or district, 
including the metropolitan water district, prior to January 
first, nineteen hundred and forty-six. 

Section 2. Said chapter fifty-nine is hereby further g. l. (Ter. 
amended by inserting after section seven the following fyi; iddcd.' 
section: — Section 7 A. Land acquired on or after January valuation of 
first, nineteen hundred and forty-six, by a municipality or j^'^^jfifgl^^^J^g^ 
a district, including the metropolitan water district, and January i, 
held on January first in any year for any public purpose by ^^^^' 
such municipality, in this section referred to as the holding 
municipality, or by such district, if such land hes in a mu- 
nicipality other than such holding municipality, or, in the 
case of land so acquired and held by a district, in a munici- 
pality other than the municipality or municipalities in which 
the district lies or which constitute the district, shall, with 
all buildings and other things erected thereon or affixed 
thereto, be exempt from taxation in such year except as 
hereinafter otherwise provided; but such holding munici- 
pality or district shall, on July first of such year, pay to the 
municipality where such land lies the amount which would 
be assessable in such year upon a valuation equal to the 
average of the assessed valuations of the land and all build- 
ings and other things erected thereon or affixed thereto on 



322 



Acts, 1945. — Chap. 367. 



G. L. (Ter. 
Fxl.). 58A, § 6, 
rtr., amended. 



.hiristlicUon 
of board to 
decide appeals. 



the three assessment dates next preceding the acquisition of 
the land, the assessed valuation for each assessment date 
being reduced by all abatements, if any. If land subject to 
this section was not separately assessed or was exempt from 
taxation on any of said assessment dates, the fair cash value 
of the land and all buildings and other things erected thereon 
or affixed thereto on such assessment date shall for the pur- 
poses of this section be deemed to be the assessed valuation 
thereof on such date. 

The assessors of the municipality where land subject to 
this section lies shall determine the average valuation in 
accordance with this section and certify such valuation to 
the holding municipality or district liable under this section. 
Such holding municipality or district, if aggrieved by such 
determination, may within three months after such certifi- 
cation appeal to the appellate tax board, which shall de- 
termine the average valuation in accordance with this 
section. 

If rent or any revenue in the nature of rent is received 
from any part of any real estate subject to this section, the 
part yielding such rent or revenue shall be subject to taxa- 
tion. The tax shall be in addition to the amount payable 
under this section. Revenue received for the use of such 
portions of a public airport as are used for the taking off and 
landing of airplanes, including runways, taxi and transition 
strips, or revenue received for the use of buildings on a pub- 
lie airport, which are actually and exclusively used for 
servicing and repairing airplanes, shall not be deemed to be 
rent or revenue in the nature of rent within the meaning of 
this paragraph. 

Section 3. Section six of chapter fifty-eight A of the 
General Laws, as amended, is hereby further amended by 
striking out the first sentence and inserting in place thereof 
the following sentence :^ — The board shall have jurisdiction 
to decide appeals under the provisions of section forty-two E 
of chapter forty; of sections two, fourteen and twenty-five 
of chapter fifty-eight; of clauses seventeenth and twenty- 
second of section five of chapter fiftj^-nine; of sections seven, 
seven A, thirty-nine, sixty-four, sixty-five, sixty-five B, 
seventy-three and eighty-one of chapter fifty-nine; of sec- 
tion two of chapter sixty A ; of section forty-five of chapter 
sixty-two; of sections two, eighteen A, twenty-eight, fifty- 
one, sixty and seventy-one of chapter sixty-three; of section 
six of chapter sixty-four; of sections five and ten of chapter 
sixty-four A; of sections twenty-five and twenty-six of 
chapter sixty-five; of section four of chapter sixty-five A; 
and under any other provision of law wherein such jurisdic- 
tion is or may be expressly conferred. 

Approved May SI, 1946. 



Acts, 1945. —Chaps. 368, 369. 323 



An Act providing for the issuance of insurance Chap.S6S 
brokers' licenses without fee to blind persons. 

Be it enacted, etc., as follows: 

Section one hundred and sixty-seven A of chapter one a. l. (Tcr. 
hundred and seventy-five of the General Laws, as most f^OTAjetc. 
recently amended by chapter two hundred and sixty of the anu»miefi. 
acts of nineteen hundred and thirty-seven, is hereby further 
amended by inserting after the word "therein" in the eighth 
line the words : — , or of or on account of any blind person, 
— so as to read as follows: — Section 167 A. No fee for an vettrans, 
insurance broker's license issued under section one hundred rtc'.'fcxempr'' 
and sixty-six, one hundred and sixtv-seven or one hundred from paying: 

*' ccrttiiii tecs.' 

and seventy-three shall be required of or on account of any 
soldier, sailor or marine resident in this commonwealth who 
has served in the army or navy of the United States in time of 
war or insurrection and received an honorable discharge there- 
from or release from active duty therein, or of or on account 
of any bUnd person, if he presents to the commissioner satis- 
factory evidence of his identity, or of or on account of his 
widow if he held such a license immediately prior to his 
death. Approved May 31, 1945. 



An Act relative to certain exceptions and exemp- Chav.SQQ 

TIONS under the WORKMEN'S COMPENSATION LAW. 

Be it enacted, etc., as follows: 

Section one of chapter one hundred and fifty-two of the g. l. (Tm. 
General Laws is hereby amended by striking out paragraph ^tc.'!'ameAie<i'. 
(4), as most recently amended by section three of chapter 
five hundred and twenty-nine of the acts of nineteen hun- 
dred and forty-three, and inserting in place thereof the 
following paragraph : — 

(4) "Employee", ever}' person in the service of another ••Employee" 
under any contract of hire, express or implied, oral or 
written, excepting masters of and seamen on vessels engaged 
in interstate or foreign commerce, persons employed by an 
employer engaged in interstate or foreign commerce but 
only so far as the laws of the United States provide for 
compensation or for liabihty for their injury or death, and 
a person whose employment is not in the usual course of the 
trade, business, profession or occupation of his emplo^^er, 
but not excepting a person conclusively presumed to be an 
employee under section twenty-six of this chapter. 

The provisions of this chapter shall remain elective as 
to the emplo3'ers of the following : — three or less persons, 
or persons employed a,s domestic servants and farm laborers, 
persons employed by telephone companies subject to the 
federal communications act, and persons other than laborers, 
workmen and mechanics employed by religious, charitable 
or educational institutions. 

Anj'^ reference to an employee who has been injured shall, 



324 Acts, 1945. — Chap. 370. 

when the employee is dead, also include his legal representa- 
tives, dependents and other persons to whom compensation 
may be payable. Approved May SI, 1945. 

The Commonwealth of Massachusetts, 
ExECFTivE Department, State House, 

Boston. May 31, 1945. 

lloiiorahlc J''h]%i)iokic W. Cook, Secretary of the Commonwealth, 
State House, Boston 

Sir: — I, Maurice J. Tobin, by virtue of and in accordance 
with the provisions of the Forty-eighth Amendment to the 
Constitution, "The Referendum II, Emergency Measures", 
do declare that in my opinion, the immediate preservation 
of the public peace, health, safety or convenience requires 
that the law passed on the 31st day of May in the year 
nineteen hundred and forty-five entitled, "An Act relative 
to Certain Exceptions and Exemptions under the Work- 
men's Compensation Law" should take effect forthwith 
and that it is an emergency laiv and that the facts consti- 
tuting the emergency are as follows : 

The law, in part, extends the provisions of the workmen's 
compensation law to certain persons who were formerly 
protected thereby, and the deferred operation of the law- 
would unnecessarily deprive such persons of immediate 
protection thereunder. 

Very truly yours, 

Maurice J. Tobin, 
Governor of the Commonwealth. 

Office of the Secretary, Boston, June 1, 1945. 

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 
fifteen 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 
three hundred and sixty-nine of the acts of nineteen hundred 
and forty-five. 

F. W. Cook, 
Secretary of the Commomrealth. 



Chap.370 An Act authorizing the city of boston to pay cer- 
tain COMPENSATION TO JOHN A. CURLEY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good and of discharging a moral obligation, the city of 
Boston may pay to John A. Curley, a former employee of 
the Boston city hospital who is now permanently disabled 
by reason of sickness contracted by him in the performance 
of his work at said hospital, the amount or amounts to which 
he would have been entitled under paragraph (7 A) of sec- 



Acts, 1945. — Chaps. 371, 372, 373. 325 

tion one of chapter one hundred and fifty-two of the General 
Laws if said paragraph had been in effect at the time he 
contracted said illness. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the city council 
of said city, subject to the provisions of its charter, but not 
other^jv^ise. Approved June 1, 19 46. 



An Act authorizing the town of westborough to pay CJiav.371 

A certain sum of money to GEORGE M. BEEDE OF SAID 

town. 

Be it enacted, etc., as follows: 

Section 1. The town of Westborough is hereby au- 
thorized to pay, in accordance with a vote of the town 
meeting of said town on March nineteenth, nineteen hun- 
dred and forty-five, to George M. Beede of said town the 
sum of four hundred dollars, to reimburse him for money 
paid to the town in the leasing and purchase by him of a 
certain parcel of land to which the town had no title. 

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

Approved June 1, 1945. 

An Act reviving national transit lines incorporated. Chap.372 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to permit without delay the 
resumption of activities by the corporation revived thereby, 
therefore it is declared to be an emergency law, necessary 
for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

National Transit Lines Incorporated, a corporation dis- 
solved by section one of chapter one hundred and seventy- 
nine of the acts of nineteen hundred and thirty-nine, is 
hereby revived 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 paid in full to the commissioner of corpora- 
tions and taxation all taxes owed to the commonwealth by 
said corporation prior to its dissolution, whether or not 
subsequently abated as uncollectible, together with interest 
thereon to the date of payinent. Approved June 1, 1945. 

An Act relative to the trial and disposition of cer- Chap. S7S 

tain actions and PROCEEDINGS PENDING IN DIFFERENT 
COURTS. 

Be it enacted, etc., as follows: 



Section 1. Section two B of chapter two hundred and ^dV '^23^'^ 
twenty-three of the General Laws, inserted by section one of § 2B, etc'. 
chapter three hundred and sixty-nine of the acts of nineteen '^'"^° ^ ' 



326 



Acts, 1945. — Chap. 374. 



Trauafer of 
certain actiouB 
to superior 



Effootive (late. 



hundred ami forty-three, is hereby amended by striking 
out, in the sixth and seventh Unes, tlie words "petition filed 
therein by" and inserting in place thereof the words:—" mo- 
tion of , — so as to read as follows: — Section 2B. When- 
ever cross actions between the same parties or two or more 
actions, including for the purposes hereof other court pro- 
ceedings, 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 motion of 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 trans- 
ferred without the payment of any entry fee to a designated 
district court in which any of such actions is pending. 

Section 2. This act shall take effect on October first 
in the current year. Approved June 1, 1945. 



G. L. (Ter. 
Ed.), lir), § 21, 
amended. 



Recording of 
discharge or 
release papers 
of soldiers, etc. 



Chap.S74i An Act to provide for the recording of discharge or 

RELEASE PAPERS OF SOLDIERS AND SAILORS BY LOCAL 
OFFICIALS IN CHARGE OF VETERANS' MATTERS. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and fifteen of the Gen- 
eral Laws is hereby amended by striking out section twenty- 
four, as appearing in the Tercentenary Edition, and insert- 
ing in place thereof the following section: — Section 24- The 
discharge or release papers of soldiers and sailors who served 
in the armed forces of the United States in time of war or 
insurrection and have been honorably discharged therefrom, 
or released from active duty therein, shall, upon request, be 
recorded with the official in charge of veterans' matters in 
the city or town of the holder's residence in books kept for 
the purpose. The said official shall prepare and keep an 
index of the papers so recorded, and copies of such papers, 
if attested by him, shall be admitted as sufficient evidence 
thereof whenever they are otherwise competent. 

Section 2. The clerk of each city or town shall forth- 
with, following the effective date of this act, deliver to the 
official in charge of veterans' matters in his city or town all 
records and other papers then in his custody relating to dis- 
charges or releases of soldiers and sailors. 

Approved June 1, 1945. 



Transfer of 
veterans' 
papers in 
cattody of 
city and 
town clerk.'!. 



Acts, 1945. — Chap. 375. 327 

An Act establishing the foller field commission in Cha.v.?}75 

THE TOWN OF CLINTON, AND AUTHORIZING SAID TOWN TO 
ACQUIRE LAND IN ADDITION TO SAID FIELD AND TO IM- 
PROVE, MAINTAIN AND CONDUCT SUCH FIELD FOR PLAY- 
GROUND AND RECREATIONAL PURPOSES. 

lie it enacted, etc., as follows: 

Section 1. There is hereby estabhshed in the town of 
Clinton, hereinafter referred to as the town, a commission 
to be known as the Fuller Field Commission, hereinafter 
referred to as the commission, which shall consist of five 
persons appointed by the board of selectmen from among 
the representative citizens of the town. Of the five initial 
appointees, one shall be so appointed for a term of five 
years, one for a term of four years, one for a term of three 
years, one for a term of two years and one for a term of one 
year, and as their respective terms expire their successors 
shall so be appointed for terms of five years. The members 
of the commission shall be sworn to the faithful performance 
of their duties and shall serve without salary. 

Section 2. The land now owned by the town and known 
as Fuller Field, together with any buildings and structures 
thereon, shall continue to be used as provided in this act, 
and the commission shall have full and exclusive control 
and direction thereof, notwithstanding any action which the 
town takes or may have taken under chapter forty-five of 
the General Laws. In addition, the town may from time to 
time acquire by gift, purchase or otherwise, and subject to 
such conditions and restrictions as the commission shall 
from time to time approve, additional land which shall be 
under the control and direction of the commission and 
subject to the provisions of this act. 

The commission, in the name and behalf of the town and 
for the public use, may erect buildings and other structures 
upon said Fuller Field; may enclose and keep enclosed the 
whole or any part of said land, buildings and structures; 
may provide proper equipment therefor; may employ and 
discharge all necessary caretakers, instructors, teachers and 
other employees; and may hold, manage, control, lease 
and let such property exclusively for the purposes of enjoy- 
ment and encouragement of recreation, play, sports, physical 
education and athletics, and for such civic, patriotic and 
educational celebrations, exhibitions and entertainments as 
the commission shall see fit and for any use necessary and 
convenient for said purposes or any of the same. Said 
commission may make, and may from time to time alter 
and amend, rules and regulations governing the use of said 
Fuller Field and may charge admission thereto or allow 
charges for admission thereto to be made. No person em- 
ployed by said commission shall be subject to chapter 
thirty-one of the General Laws or the rules and regulations 
made under authority thereof. 

Section 3. Tlie town may raise and appropriate money 



328 Acts, 1945. — Chap. 376. 

U) the use of the commission for the following uses and 
purposes, namely : - For the care and maintenance of said 
Fuller Field, the acquisition of additional land, and the care 
and repair of buildings and structures thereon ; 

For the equipment and improvement of the grounds and 
the construction of buildings, seating facilities and stands, 
alteration and enlargement of buildings and structures 
thereon ; 

For the employment of caretakers, instructors, teachers 
and other persons who may in the discretion of the commis- 
sion be necessary adequately to maintain said field and con- 
duct the activities thereon; and 

For the support and encouragement of recreation, play, 
sports, physical education, athletics, and civic, patriotic 
and educational celebrations, exhibitions and entertain- 
ments at said field pursuant to its general purposes. 

Section 4. All revenue received by the commission 
under any provision of this act shall be paid into the town 
treasury. The commission shall annually, or oftener if 
requested by the selectmen, file with the selectmen an 
itemized and detailed statement of all revenue received by 
the commission, and all expenditures made by the commis- 
sion, on account of said field and the buildings and other 
structures thereon.. 

Section 5. This act shall take full effect upon its ac- 
ceptance by a majority of the voters of said town present 
and voting at an annual or special town meeting held not 
later than the annual town meeting in the year nineteen 
hundred and forty-six, but not otherwise. 

Approved June 1, 1945. 



CJiap.S7Q An Act authorizing the director of registration to 

MAKE certain RULES AND REGULATIONS GOVERNING THE 
CONDUCT OF EXAMINATIONS BY THE SEVERAL BOARDS OF 
REGISTRATION AND EXAMINATION. 

Be it enacted, etc., as folloius: 

G-L (Ter. ^^ Chapter thirteen of the General Laws is hereby amended 
§ 9'a', added'' by inserting after section nine the following section : — 
Establishment SectioH 9 A. ' The dircctor of registration, subject to the 
^eg'iTiaTioTs'to approval of the governor and council, maj'^ make such rules 
procSe'Tn and regulations governing the conduct of written and oral 
conduct of examinations by the several boards of registration and 
re°g1stmtion and examination aforesaid as shall tend to standardize procedure 
examination. ^^^ protect the commonwcalth and applicants for registra- 
tion against fraud; provided, that nothing in this section 
shall prevent any such board from adopting under authority 
of other provisions of law specific rules and regulations 
which are not in conflict with the rules and regulations 
authorized by this section. Approved June 1, 1945. 



Acts, 1945. — Chap. 377. 329 



An Act relative to the investment of deposits and CJiaj),S77 

THE INCOME DERIVED THEREFROM OF SAVINGS BANKS AND 
SAVINGS DEPARTMENTS OF TRUST COMPANIES IN CERTAIN 
PUBLIC SERVICE COMPANY AND OTHER OBLIGATIONS. 

He it enacted, etc., as follows: 

Section 1. Paragraph (4) of clause Third of section c. l. (ivr. 
fifty-four of chapter one hundred and sixty-eight of the fiause^xhirdr^' 
General Laws, as most recently amended by section two of ^^c., amended. 
chapter four hundred and thirteen of the acts of nineteen 
hundred and forty-one, is hereby further amended by in- 
serting after the word "date" in the third line the follow- 
ing: — , which promise maj^ be modified, if at all, only by 
vote of holders of at least seventy-five per cent in amount 
of such bonds, — so as to read as follows : — 

(4) That such obligations contain an unconditional prom- investments 
ise to pay the interest thereon regularly, and to pay the ["^nds'^'""^ 
principal at a specified date, which promise may be modified, 
if at all, only bj'- vote of holders of at least seventy-five per 
cent in amount of such bonds; 

Section 2. Paragraph (5) of clause Third A of said Ed^'i6r§54 
section fifty-four, inserted by section four of chapter two clause Third' a', 
hundred and fifteen of the acts of nineteen hundred and "''^ • ^'^™«'"'^i''''- 
forty-three, is hereby amended by striking out, in the third 
line, the words "and that they are secured by" and inserting 
in place thereof the following : — , which promise may be 
modified, if at all, only by vote of holders of at least seventy- 
five per cent in amount of such bonds, and that they are 
secured by, — so that the first paragraph will read as fol- 
lows : — That such obligations contain an unconditional investment in 

, . ° , , , , , . . obligations of 

promise to pay the interest thereon regularly and the princi- railroads in; 
pal at a specified date, which promise may be modified, if J^uiCT^ta't'^s" 
at all, only by vote of holders of at least seventy-five per ft*^- 
cent in amount of such bonds, and that they are secured 
by:- 

Section 3. Said section fifty-four is hereby further g. l. (Ter. 
amended by striking out clause Sixth A, as most recently ^'auseX'th a!' 
amended by section six of chapter four hundred and thirteen etc., amended. 
of the acts of nineteen hundred and forty-one, and inserting 
in place thereof the following clause : — 

Sixth A. In the bonds, maturing not later than forty I'ubiic service 
years subsequent to the date of such investment, issued or ^""u^urcl 
assumed by any corporation incorporated under the laws of 
the United States or of any state thereof, 

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

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

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

(c) In the sale and distribution of natural gas supplied in 
substitution for and in mixture with artificial gas; but in 



330 Acts, 1945. — Chap. 377. 

no case shall the bonds of any corporation engaged in the 
sale and distribution of natural gas become a legal invest- 
ment unless said corporation maintains at all times full 
facilities for the manufacture of artificial gas in quantities 
sufficient to supply the normal demand; and 

(2) provided, further, that such corporation has franchises 
to operate in territory in which at least seventy-five per cent 
of its gross operating revenue was earned thereunder in its 
fiscal year immediately preceding the date of such invest- 
ment, which franchises shall be either indeterminate fran- 
chises or permits or agreements, which are subject to the 
jurisdiction of or issued by or entered into with a public 
service or similar commission or other competent public au- 
thority, or determinate franchises extending at least three 
years beyond the maturit,y of any such bond, and 

(3) provided, further, that : — 

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

(h) The net income of such corporation for the fiscal year 
immediately preceding the date of such investment, and the 
average of net income of such corporation for the five fiscal 
3'ears immediately preceding the date of such investment, 
as shoM'n b}^ its annual reports or other sworn returns to the 
Federal Power Commission or to a state public service or 
other similar commission shall have been not less than one 
and three quarter times the amount necessary to pay the 
interest for the same periods on its total outstanding in- 
debtedness, except that if less than sixty per cent of the 
gross operating revenue of the corporation has been derived 
from the sale and distribution of electricity, such net income 
shall have been not less than twice the amount necessary to 
pay such interest. 

(c) As used in subdivision (3) (b) of this clause, "net 
income" shall mean the amount available for interest charges 
after deduction has been made for all operating expenses, 
including current maintenance, provision for depreciation or 
retirement, all taxes except income taxes, and all rentals and 
guaranteed interest or dividends, and after deducting the 
net income as determined by the foregoing method, derived 
from the sale of natural gas where stand-by facilities are not 
maintained for the manufacture of artificial gas in quantities 
sufficient to supply the normal demand for gas; and 

(4) pro^^ded, further, that for its fiscal year immediately 
preceding the date of such investment 

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

(b) The gross operating revenue of the corporation issuing 
or assuming such bonds shall have been not less than one 
million dollars, and of such revenue at least seventy-five per 



Acts, 1945. — Chap. 377. 331 

cent, shall have been derived from tlie sale and distribution 
of electricity, artificial gas and natural gas, or any one or 
more of them, and not exceeding twenty per cent from the 
operation of a transportation system; and 

(c) The outstanding full}^ paid capital stock and surplus 
of such corporation shall be equal to at least sixty per cent 
of its total funded debt. "Funded debt", as used herein, 
shall mean all interest bearing debt, whether secured or 
unsecured, maturing more than one year from its date of 
issue, but excluding bonds of the corporation held as col- 
lateral to secure other of its outstanding obligations. 

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

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

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

Section 4. Said section fifty-four is hereby further g. l. (Ter. 
amended by striking out subdivision (c) of clause Fifteenth, ^ai^e*F?f-* ^' 
as most recently amended by section nine of chapter four t^'^'^^^-^''^- 
hundred and thirteen of the acts of nineteen hundred and """'" 
forty-one, and inserting in place thereof the following sub- 
division : — 

(c) Upon application by twenty-five savings banks to the Authqmed 
Mutual Savings Central Fund, Inc., submitted in such form l^v^e^*^' 
and under such regulations as its directors may require, 
requesting authority for savings banks to invest their de- 



332 Acts, 1945. — Chap. 377. 

posits and the income derived therefrom in state, municipal 
or corporate interest bearing obligations not otherwise eligi- 
ble for investment under this section, said directors may 
request the commissioner, in such form and under such 
regulations as he may require, in his discretion, to authorize 
savings banks, notwithstanding any other provisions of this 
section, to invest their deposits and the income derived 
tiierefrom in any such state, municipal or corporate interest 
bearing obligation. Any expense incurred by the Mutual 
Savings Central Fund, Inc. in connection with the consid- 
eration of such application shall be a proper expense to be 
incurred and paid by it. If the commissioner grants such 
request he shall forthwith send written notice of such de- 
cision to said directors and to each savings bank and shall 
add the name of such investment to the list of bonds and 
notes eligible for investment provided for in subdivision (a) 
of this clause. At any time thereafter the commissioner 
may, on his own initiative or at the written request of said 
directors, revoke such authority, in which event he shall 
forthwith send written notice of such revocation to said 
directors and to each savings bank. 

If the commissioner shall have authorized savings banks 
to invest in an issue of bonds in accordance with the provi- 
sions of this subsection and if thereafter but before such 
authorization shall have been revoked the state, munici- 
pality or corporation shall issue bonds the proceeds of which 
are to be used solely to refund the issue previously authorized 
for investment or another issue of equal or shorter maturity 
and of equal or prior security and if such new bonds shall 
be of equal security with the previously authorized issue and 
of equal or shorter maturity, the commissioner may au- 
thorize savings banks to invest their funds in such refunding 
bonds and tliereafter may revoke such authority on his own 
initiative or at the written request of said Mutual Savings 
Central Fund, Inc. If the commissioner shall have author- 
ized savings banks to invest in an issue of bonds in accord- 
ance with any of the provisions of this paragraph and if 
thereafter but before such authorization shall have been 
revoked the state, municipality or corporation shall issue 
bonds of which at least ninety per cent of the proceeds are 
to be used to refund the issue previously authorized for 
investment or another issue of equal or prior security and if, 
in the judgment of the board of directors of the Mutual 
Savings Central Fund, Inc., the security for the new bonds 
is not less than that for the previously authorized issue then 
the board of directors of the Mutual Savings Central Fund, 
Inc. may, on its own initiative, request the commissioner of 
banks to authorize savings banks to invest their funds in 
such new bonds and the commissioner may authorize such 
investment and thereafter may revoke such authority on his 
own initiativ(i or at the request of said Mutual Savings 
Central Fund, Inc. 

In determining that such investments should be included 



Acts, 1945. — Chaps. 378, 379. 333 

in the list of investments legal for savings banks or deleted 
from said list the commissioner may employ such expert 
assistance as he deems proper or may rely upon information 
contained in publications which he deems authoritative in 
reference to such matters. Said Mutual Savings Central 
Fund, Inc., its officers, directors and agents, shall be in no 
way held responsible or liable for failure to take action upon 
any such application or to make an}^ such request of the 
commissioner. Approved June 1, 1945. 



Chap.S78 



An Act relative to supplementary registration of 
soldiers and sailors before primaries. 

Be it enacted, etc., as follows: 

Section fifty of chapter fifty-one of the General Laws, as o. i- ( ivr. 
amended by section seventeen of chapter four hundred and ftt! 'amended. 
forty of the acts of nineteen hundred and thirty-eight, is 
hereby further amended by inserting after the word "the" 
in the fourteenth line the words : — prim.ary or, — so as to 
read as follows: — Section 50. Any soldier or sailor in the suppiitnentHrv 
service of the United States who had a legal residence in any sokiterfand "^ 
city or town in the commonwealth at the time of entering sailors. 
said service, but who by reason of his being in the army or 
navy was absent from the city or town during the periods 
when sessions for listing and for registration were held, may 
appear before the city or town clerk in any city or town 
where such clerk is also a member of the board of registrars, 
and, in any other city or town, before the chairman of the 
board of registrars or board performing like duties therein, 
during the regular office hours of such clerk or chairman and, 
in accordance with this chapter, prove his qualifications as 
a voter under section one and be registered, if he so appears 
not less than three days before the primary or election; 
but such registration shall be subject to the revision and 
acceptance of the board. Approved June 1, 1945. 



An Act exempting certain motor carriers from regu- Chap. 379 

LATION AS INTERSTATE CARRIERS OF PROPERTY BY MOTOR 
VEHICLE. 

Be it enacted, etc., as follows: 

Section ten of chapter one hundred and fifty-nine B of p^^i^Jjjj 
the General Laws, as amended, is hereby further amended ub.'etc, ' 
by adding at the end the following paragraph : — amended. . 

This section shall not apply to a motor carrier who or Certain car- 
which is the holder of a certificate or permit issued under from tw"'^*""^ 
this chapter and whose operations as an interstate carrier section. 
within the commonwealth do not exceed the limitations of 
such certificate or permit either as to the territory served or 
the commodities trans}K)rted. A'/)f)rorcd June 1, 1945. 



334 Acts, 1945. — Chaps. 380, 381. 



(^hop.SSO An Act authorizing the city of lawhence to reim- 
burse THE mother of CONSTANCE J. MONTEFUSCO FOR 
certain EXPENSES INCURRED BY REASON OF INJURIES 
SUSTAINED BY HER AT THE HIC3H SCHOOL IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the city of Lawrence may pay to the mother 
of Constance J. Montefusco, a minor, a sum of mone}^ not 
exceeding five hundred and seventeen dollars and five cents 
to reimburse her for expenses of hospital and medical care 
incurred by her on account of injuries received by said 
Constance J. Montefusco at the high school 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 June 1, 1945. 



Chap.SSl An Act establishing the seekonk water district of 

SEEKONK. 

J3e it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Seekonk 
Uable to taxation in said town and residing within the ter- 
ritory comprised within the following boundaries, to wit: 
Beginning at a point where the town boundaries between 
Pawtucket, Rhode Island, Seekonk and Attleboro, Massa- 
chusetts. — Seekonk intersect at the extreme northwest 
portion of Seekonk, thence southerly 7.3 miles along the 
boundary between Pawtucket and East Providence in Rhode 
Island and Seekonk to a point 1,000 feet south of Plighland 
avenue: thence running southeasterly 4,400 feet parallel to 
Highland avenue to the center line of Mink street; thence 
southeasterly 4,400 feet to the center line of Warren avenue 
at a point approximately 400 feet south of Fall River avenue ; 
thence southeasterly 2,200 feet to a point opposite the east- 
erly line of Wheaton street, and 200 feet south of Fall River 
avenue; thence 450 feet northeasterly along the east line of 
Wheaton avenue; thence northwesterly 3,200 feet to the 
center line of Anthony street at a point 400 feet north of 
Fall River avenue; thence northwesterly 6,200 feet to the 
center line of Cole street, at a point 250 feet east of Fall 
River avenue; thence northeasterly' 3,500 feet to the center 
line of County street at a point 1,700 feet west of Olney 
street; thence 3,200 feet to the center line of Arcade avenue 
at a point 1,300 feet northeast of the intersection of Fall 
River avenue; thence northeasterlj^ 5,500 feet to the center 
line of Elm street at a point 550 feet south of Taunton 
avenue; thence easterly 5,850 feet to the town boundary 
between Rehoboth and Seekonk at a point 250 feet south of 
'I'aunton avenue; thence du(; north 2,700 feet along the 
Rehoboth-Seekonk boundary to a point 300 feet north of 



Acts, 1945. — Chap. 381. 335 

Jacobs street; thence southwesterly 2,900 feet to a point 
300 feet east of Prospect street and 550 feet north of the 
intersection of Lincoln and Jacobs streets; thence northerly 
1,800 feet parallel to Prospect street; thence southwesterly 
600 feet, crossing Prospect street at a point 1,300 feet south 
of Walnut street; thence southerly 2,200 feet parallel with 
Prospect street; thence westerly 2,300 feet to the center 
line of Greenwood avenue at a point 300 feet north of Ledge 
road; thence due north 1,400 feet; thence northwesterly 
3,900 feet to the center line of Woodward avenue at a point 
2,100 feet east of Coolidge street; thence northerly 2,850 
feet to the center line of Walker street at a point 1,800 feet 
west of Prospect street; thence northerly 1,300 feet to the 
center line of Read street at a point 1,800 feet east of New- 
man avenue; thence northerly 3,300 feet to the center hne 
of Brown avenue at a point 1,850 feet northeast of Newman 
avenue; thence northerly 6,700 feet to the center line of 
Pine street at a point 350 feet north of Woodland avenue; 
thence northeasterly 6,400 feet parallel to the east boundary 
line of New York, New Haven and Hartford Railroad prop- 
erty to the boundary between Seekonk and Attleboro at a 
point 3,200 feet west of northeast corner boundary of See- 
konk, Rehoboth and Attleboro; thence westerly 7,400 feet 
along the boundary between Seekonk and Attleboro to the 
point of beginning, shall constitute a water district and are 
hereby made a body corporate bj^ the name of the Seekonk 
Water District, hereinafter called the district, for the pur- 
pose of supplying themselves with water for the extinguish- 
ment of fires and for domestic and other purposes, with 
power to establish fountains and hydrants, and to relocate 
and discontinue the same, to regulate the use of such water, 
and to fix and collect rates to be paid therefor, to assess and 
raise taxes as provided herein for the payment of such serv- 
ices, and to defra}^ the necessary expenses of carrying on 
the business of said district, but subject to all general laws 
now or hereafter in force relating to such districts, except as 
otherwise provided herein. Said district shall have power to 
prosecute and defend all actions relating to its property and 
affairs. 

Section 2. For the purposes aforesaid, the district, 
acting by and through its board of water commissioners 
hereinafter provided for, may contract with any munici- 
pality, acting through its water department, or with anj^ 
water company, or with any other water district, for what- 
ever water may be required, authority to furnish the same 
being hereby granted, and may enter into such other con- 
tracts as may be necessary for the purposes set forth in 
section one of this act and may take by eminent domain, 
under chapter seventy-nine or chapter eighty A of the 
General Laws, or acquire by lease, purchase or otherwise, 
and hold, the waters, or any portion thereof, of any pond, 
spring or stream, or of any ground sources of supply, by 
means of driven, artesian or other wells, within said town of 



336 Acts, 1945. — Chap. 381. 

Seekonk not already appropriated for the purposes of a public 
water supply, and the water rights connected with any such 
water sources; and for said purposes may take as aforesaid, 
or acquire by purchase or otherwise, and hold, all lands, 
rights of way and other easements necessary for collecting, 
storing, holding, purifying and preserving the purity of the 
water and for conveying the same to any part of said dis- 
trict; 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 loca- 
tion and arrangement of all dams, reservoirs, wells, pump- 
ing, purification and filtration plants and such other works 
as may be necessary in carrying out the provisions of this 
act shall be subject to the approval of said department. 
The district may construct and maintain on the lands ac- 
quired and held under this act proper dams, wells, springs, 
reservoirs, standpipes, tanks, pumping plants, buildings, 
fixtures and other structures, including also the establish- 
ment and maintenance of filter beds and purification works 
or systems, and may make excavations, procure and operate 
machinery and provide such other means and appliances, 
and do such other things as may be necessary for the estab- 
lishment and maintenance of complete and effective water 
works; and for that purpose may construct pipe lines, wells 
and reservoirs and establish pumping works, and may con- 
struct, lay, acquire and maintain aqueducts, conduits, pipes 
and other works under or over any land, water courses, rail- 
roads, railways and public or other ways, and along such 
ways, in said town, in such manner as not unnecessarily 
to obstruct the same; and for the purposes of constructing, 
laying, maintaining, operating and repairing such aque- 
ducts, conduits, pipes and other works, and for all proper 
purposes of this act, the district may dig up or raise and 
embank any such lands, highways or other ways in such 
manner as to cause the least hindrance to public travel on 
such ways; provided, that the manner in which all things 
are done upon any such way shall be subject to the direction 
of the selectmen of said town. The district shall not enter 
upon, or construct or lay any aqueduct, conduit, pipe or 
other works within, the location of any railroad corporation 
except at such time and in such manner as it may agree 
upon with such corporation, or, in case of failure so to agree, 
as may be approved by the department of public utilities. 
Said district may enter upon any lands for the purpose of 
making surveys, test wells or pits and borings, and may 
take or otherwise acquire the right to occupy temporarily 
any lands necessar^^ 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 tluireof may recover such damages from the 
district under said chapter seventy-nine or said chapter 



Acts, 1945. — Chap. 381. 337 

eighty A; but the right to damages for the taking of any 
water, water right or water source, or for any injury thereto, 
shall not vest until water is actual)}' withdrawn or diverted 
under authority of this act. 

Section 4. For the purpose of paying the necessary ex- 
penses and Uabilities incurred under this act, other than 
expenses of maintenance and operation, the district may 
borrow from time to time such sums as may be necessary, 
not exceeding, in the aggregate, three hundred and seventy- 
five thousand dollars; and may issue bonds or notes therefor 
which shall bear on their face the words, Seekonk Water 
District Loan, Act of 1945. Each authorized issue shall 
constitute a separate loan, and such loans shall be payable in 
not more than thirty years from their dates. Indebtedness 
incurred under this act shall be subject to the provisions of 
chapter forty-four of the General Laws pertaining to such 
districts. 

Section 5. The district shall, at the time of authorizing 
said loan or loans, provide for the payment thereof in ac- 
cordance with section four of this act; and when a vote to 
that effect has been passed, a sum which, with the income 
derived from water rates, will be sufficient to pay the annual 
expense of operating its water works and the interest as it 
accrues on the bonds or notes issued as aforesaid by the 
district, and to make such pa3'ments on the principal as 
may be required under the provisions of this act, shall with- 
out further vote be assessed upon the district by the assessors 
of said town annually thereafter until the debt incurred by 
said loan or loans is extinguished. 

Section 6. Any land taken or acquired under this act 
shall be managed, improved and controlled by the board of 
water commissioners hereinafter provided for, in such man- 
ner as they shall deem for the best interest of the district. 
All authority vested in said board by this section shall be 
subject to the provisions of section nine. 

Section 7. Whenever a tax is duly voted by the district 
for the purposes of this act, the clerk shall send a certified 
copy of the vote to the assessors of said town, who shall 
assess the same on property within the district in the same 
manner in all respects in which town taxes are required by 
law to be assessed; provided, that no estate shall be subject 
to any tax assessed on account of the system of water supply 
under this act if, in the judgment of the board of water 
commissioners hereinafter provided for, after a hearing due 
notice whereof shall have been given, such estate is so situ- 
ated that it can receive no aid in the extinguishment of fire 
from the said system of water supply, or receive no benefit 
in fire insurance grading therefrom, or both, or if such estate 
is so situated that the buildings thereon, or the buildings 
that might be constructed thereon, could not be supplied in 
any ordinary or reasonable manner with water from the 
said system; but all other estates in the district shall be 
deemed to be benefited and shall be subject to such tax. A 



Acts, 1945. — Chap. 381. 

certified list of the estates exempt from taxation under the 
provisions of this section shall annually be gent by said 
board of water commissioners to said assessors, at the same 
time at which the clerk shall send a certified copy of the 
vote as aforesaid. The assessment shall be committed to 
the town collector, who shall collect said tax in the manner 
provided by law for the collection of town taxes, and shall 
deposit the proceeds thereof with the district treasurer for 
the use and benefit of the district. The district may collect 
interest on overdue taxes in the manner in which interest is 
authorized to be collected on town taxes. 

Section 8. Any meeting of the voters of the territory 
included within the boundaries set forth in section one to be 
held prior to the acceptance of this act, and any meeting of 
the voters of the district to be held prior to the qualification 
of a majority of the water commissioners, shall be called, on 
petition of ten or more legal voters therein, by a warrant 
from the selectmen of said town, or from a justice of the 
peace, directed to one of the petitioners, requiring him to 
give notice of the meeting by posting copies of the warrant 
in two or more public places in the district seven days at 
least before the time of the meeting. Such justice of the 
peace, or one of the selectmen, shall preside at such meeting 
until a clerk is chosen and sworn, and the clerk shall preside 
until a moderator is chosen. At any meeting held here- 
under prior to the acceptance of this act, after the choice of 
a moderator for the meeting the question of the acceptance 
of this act shall be submitted to the voters, and if it is ac- 
cepted by a majority of the voters present and voting thereon 
it shall thereupon take effect, and the meeting may then 
proceed to act on the other articles in the warrant. After 
the qualification of a majority of the water commissioners, 
meetings of the district shall be called by warrant under their 
hands, unless some other method be provided by by-law or 
vote of the district. 

Section 9. The district shall, after the acceptance of 
this act as aforesaid, elect by ballot, either at the same 
meeting at which this act shall have been accepted, or there- 
after, at an annual meeting or at a special meeting called for 
the purpose, three persons, inliabitants of and voters in said 
district, to hold office, one until the expiration of three years, 
one until the expiration of two years, and one until the 
expiration of one year, from the day of tlie next succeeding 
annual district meeting, to constitute a board of water com- 
missioners; and at every annual district meeting following 
such next succeeding annual district meeting one such com- 
missioner shall be elected by ballot for the term of three 
years. The date of the next annual meeting shall be fixed 
by by-law or by vote of the board of water commissioners, 
but in no event shall it be later than fifteen months subse- 
quent to the date on which the water commissioners were 
first elected. All the authority granted to said district by 
this act, except sections four and five, and not otherwise 



Acts, 1945. — Chap. 381. 339 

specifically provided for, shall \m\ vested in said l»oard of 
water comniissioners, wjio shall he subject, liowever, to such 
instructions, rules and regulations as the district- may Ijy 
vote impose. At the meeting at whi(;li said water conmiis- 
sioners are first elected and at each annual district meeting 
held thereafter, the district shall elect by ballot, each for a 
term of one 3'ear, a clerk and a treasurer of the district. 
The treasurer shall not be a water commissioner, and shall 
give bond to the district in such an amount as may be ap- 
proved by said water commissioners and with a surety com- 
pany authorized to transact business in the commonwealth 
as surety. A majority of said water commissioners shall 
constitute a quorum for the transaction of business. Any 
vacanc}' occurring in said board from am- 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 treasur}^ of the district on account 
of its water works except upon a written order of said water 
commissioners or a majority of them. 

Section 10. Said board of water commissioners shall 
fix just and equitable prices and rates for the use of water, 
and shall prescribe the time and manner of payment. The 
income of the water works shall be appropriated to defray 
all operating expenses, interest charges and payments on 
the principal as they sliall accrue upon any bonds or notes 
issued under authority of this act. If there should be a net 
surplus remaining after providing for the aforesaid charges, 
it may be appropriated for such new construction as said 
water commissioners may recommend, and in case a surplus 
should remain after payment for such new construction the 
water rates shall be reduced proportionately. Said water 
commissioners shall annually, and as often as the district 
may require, render a report upon the condition of the 
works under their charge, and an account of their doings, 
including an account of receipts and expenditures. 

Section 11. The district may adopt by-laws prescribing 
by whom and how meetings of the district may be called, 
notified and conducted; and, upon the application of ten 
or more legal voters in the district, meetings may also be 
called by warrant as provided in section eight. The district 
may also establish rules and regulations for the management 
of its water works, not inconsistent with this act or with 
any other provision of law, and may choose such other 
officers not provided for in this act as it ma}- deem necessary 
or proper. 

Section 12. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water obtained or supplied under 
this act, or wilfulh^ or wantonl}' injures an}^ reservoir, well, 
standpipe, aqueduct, pipe or otlicr property owned or used 
by the district for any of the purposes of this act, shall 
forfeit and pay to the district tliree times the amount of 
damages assessed therefor, to be recovered in an action of 
tort, and upon conviction of any of the above wilful or 



340 Acts, 1945. — Chaps. 382, 383. 

wanton acts shall be punished by a fine of not more than 
three hundred dollars or by imprisonment in jail for not 
more than one year, or both. 

Section 13. Upon a petition in writing addressed to 
said board of water commissioners requesting that certain 
real estate, accurately described therein, located in said 
town and abutting on said district and not otherwise served 
by a public water supply be included within the hmits 
thereof, and signed by the owners of such real estate, or a 
major portion of such real estate, said water commissioners 
shall cause a duly warned meeting of the district to be 
called, at which meeting the voters may vote on the ques- 
tion of including said real estate within the district. If a 
majority of the voters present and voting thereon vote in 
the affirmative the district clerk shall within ten days file 
with the town clerk of said town and with the state secretary 
an attested copy of said petition and vote; and thereupon 
said real estate shall become and be part of the district and 
shall be holden under this act in the same manner and to the 
same extent as the real estate described in section one. 

Section 14. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the territory 
included within said district by section one of this act 
present and voting thereon by the use of a check list at a 
district meeting called, in accordance with the provisions 
of section eight, within four years after its passage, but not 
otherwise. Approved June 1, 1945. 

Chap. SS2 An Act temporarily extending to certain veterans of 

W^ORLD WAR II THE ADVANTAGES OF UNIVERSITY EXTEN- 
SION COURSES FREE OF CHARGE. 

Be it enacted, etc.^ as follows: 

Any person who resided in the commonwealth for not 
less than one year immediatel}' prior to his entry into the 
military or naval service of the United States during World 
War II shall, upon his discharge, other than a dishonorable 
one, after having served at least sixty days in such service, 
be entitled to take university extension courses, free of charge, 
for a period of four years from the date of said discharge. 

Approved June 1, 1945. 



Chap.SSS An Act directing the department of public works 

TO MAKE provision FOR THE CONTINUED DEVELOPMENT 
OF THE GENERAL EDWARD LAWRENCE LOGAN AIRPORT AT 
EAST BOSTON. 

preamble'"^ Whereos, The deferred operation of this act would tend 

to defeat its purpose, which is to take without delay the 
necessary steps for the further development of the General 
Edward Lawrence Logan Airport, therefore it is hereby 
declared to be an emergency law, necessary for the immedi- 
ate preservation of the public safety and convenience. 



Acts, 1945. — Chap. 383. 341 

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 further enlarge, extend, improve and develop 
the General Edward Lawrence Logan Airport and for that 
purpose shall have and may exercise all pertinent authority 
and powers conferred upon it by chapter six hundred and 
ninetj'-five of the acts of nineteen hundred and forty-one 
and by chapter five hundred and twenty-eight of the acts 
of nineteen hundred and forty-three. 

Section 2. The department is hereby further author- 
ized to acquire bj?- 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 obtaining filling material for 
said airport and for its further improvement. 

Section 3. If the use of any lands owned by the city 
of Boston and held for any purpose specified in chapter 
forty-five of the General Laws is necessary for the purposes 
of said airport, the department and said city are hereby 
authorized to enter into an agreement exchanging such lands 
for other lands to be acquired by the department, on which 
the department shall construct a recreation area or areas to 
be approved by said city, and the department is further 
authorized to take by eminent domain under chapter sev- 
enty-nine of the General Laws, or otherwise acquire, the 
necessary lands or rights therein for the construction of the 
recreation area or areas, and to do the necessary grading and 
construct suitable buildings and playgrounds and appurte- 
nances therefor. 

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 and not later than 
June thirtieth, nineteen hundred and fortj^-'Seven, 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 aggre- 
gate, the sum of fifteen million dollars. All bonds issued b}^ 
the commonwealth as aforesaid shall be designated on their 
face, Logan Airport Improvement Loan, and shall be on the 
serial paj^ment plan for such maximum term of years, not 
exceeding ten years, as the governor msLV 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 pay- 
able 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 governor, shall fix, but such bonds shall be 
payable not earlier than July first, nineteen hundred and 



342 Acts, 1945. — Chap. 384. 

fifty, nor later than June thirtieth, nineteen hundred and 
fifty-five. 

Section 5. Notwithstanding the foregoing provisions of 
this act, if funds for the development and improvement of 
the General Edward Lawrence Logan Airport are made 
available by the federal government, an amount equivalent 
to such federal funds, or such lesser amount as may be re- 
quired for the proper complete construction of a permanent 
terminal and administration building, including loading 
platforms, shall be expended for such construction from the 
sums provided by section four; but nothing in this section 
shall prevent the expenditure from the funds provided bj^ 
section four of such sums as may be necessary for the con- 
struction of suitable terminal and administration facilities. 

Section 6. The department may award contracts for 
concessions, rentals, landing fees or other charges, including 
the sale of gasoline, oils and other articles and supplies on 
the airport property. All such contracts shall be subject to 
the approval of the governor and council. Funds received 
as revenue from the operation of the General Edward Law- 
rence Logan Airport shall, notwithstanding the provisions of 
section fifteen of chapter six hundred and ninety-five of the 
acts of nineteen hundred and fortj^-one, be credited by the 
comptroller to the Logan Airport account, which account 
the comptroller is hereby authorized to establish on the 
books of the commonwealth. 

Section 7. The department shall, forthwith upon the 
effective date of this act, submit to the governor a detailed 
program relative to the enlargement, extension, improve- 
ment and development of said airport, as provided in sec- 
tion one, setting forth specifically the dates upon which 
various construction operations shall be commenced and 
completed, and including estimated costs of such construc- 
tion operations, shall maintain current progress information, 
and thereafter once in every three months shall submit to 
the governor a detailed report of such construction opera- 
tions. Said reports shall state the prices paid for all land 
purchased or otherwise acquired for the purposes of this act. 
The department shall cause said reports to be printed and a 
copy thereof to be furnislied to each member of the general 
court. Approved June 6, 1945. 



Cliap.'SSA An Act authorizing multiple line underwriting, so 

CALLED, BY CERTAIN DOMESTIC AND FOREIGN STOCK AND 
MUTUAL INSURANCE COMPANIES. 

Jie it enacted, etc., as follows: 

EdV 90*"^' Section L Section thirtv-four A of chapter ninet}^ of 

§34A. etc, the General Laws, as amended, is heivby further amended 
|jy striking out the paragraph d«4ining the word "Certifi- 
cate", as appearing in the Tercentenar\' l^^dition, and in- 
serting in place thereof the following paragraph: — 
•evrtiiioiiii;" "Certificate", the certificate of an insurance company 



Acts, 1945. — Chap. 384. 343 

authorized to issue in the commonwealth a motor vehicle 
liability policy, stating that it has issued to the applicant 
for registration of a motor vehicle such a policy which covers 
such motor vehicle, conforms to the provisions of section 
one hundred and thirteen A of chapter one hundred and 
seventy-five and runs for a period at least coterminous with 
that of such registration or that it has executed a binder, as 
defined in said section one hundred and thirteen A, under 
and in conformity with said section covering such motor 
vehicle pending the issue of a motor vehicle liability policy; 
or the certificate of a suret}^ company authorized to transact 
business in the commonwealth under section one hundred 
and five of said chapter one hundred and seventy-five as 
suret}^, stating that a motor vehicle liability bond, payable 
to the commonwealth, which covers sucli motor vehicle, 
conforms to the provisions of said section one hundred and 
thirteen A, and runs for a period at least coterminous with 
such registration, has been executed by such applicant as 
principal and by such surety company as surety; or the 
certificate of the department stating that cash or securities 
have been deposited with the department as provided in 
section thirty-four D. 

Section 2. Chapter one hundred and seventy-five of ^';,^- [J.^^- 
the General Laws is hereby amended by inserting after new §§54 b- 
section fifty-four A, inserted by chapter one hundred and 
sixty-five of the acts of nineteen hundred and thirty-two, 
the three following sections: — Section o^B. Any company Authority to 
authorized to transact the kinds of business specified in any ^uj^fje oTthr 
one of the first, second, fourth, sixth or twelfth clauses of United states. 

P , / • i 1 i i T • c Its terntories 

section lorty-seven may, except with respect to policies 01 and possessions. 

life and endowment insurance and contracts for the paj^ment 

of annuities and pure endowments, reinsure risks of every 

kind or description and may, with respect to risks outside of 

the United States, its territories and possessions, write any 

and all kinds of insurance, provided it maintains a surplus 

to policyholders, including any guaranty capital, of not less 

than one million dollars. 

Section 54C. Any company authorized to transact the Authority to 
kinds of business specified in the first or second clause, or in {"g" o*f of"''^ 
subdivision (h) of the sixth clause, of section forty-seven may damage to, or 

./ 1 „ , . ir J- loss of use of, 

insure against any loss of or damage to, or loss ot use 01, ,„otor vehicles. 
motor vehicles other than motor boats, or aircraft, their 
fittings or contents, or against legal liability for loss or 
damage on account of injury to or death of any person or on 
account of any damage to property of another, arising out 
of the ownership, maintenance or use of said vehicles or 
aircraft, provided it maintains a surplus to policyholders, 
including any guaranty capital, of not less than four hundred 
thousand dollars. 

Section 5JfD. Any c-oinpany uutliuiized tu transact the Authontyto 
kinds of business specified in any of the first, second, fourth, Xi^ifk^^p" 
sbrth or twelftli clauses of section forty-se\'eri may insure, "„j^;^|jj^^^p^ 
by means of an all-risk type of poUcy commonly known as personal 

property. 



344 Acts, 1945. — Chap. 385. 

the pei'sonal property floater, against any and all kinds of 
loss of or damage to, or loss of use of, any individual's per- 
sonal property other than merchandise. 
Bffective date. SECTION 3. This act shall take effect on January first, 
nineteen hundred and forty-six. Approved June 6, 194-5. 



Chap.SSd An Act relative to the filling of vacancies in the 

CITY council of THE CITY OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and forty of the 
vSpecial Acts of nineteen hundred and seventeen is hereby 
amended by striking out section forty-seven, as amended, 
and inserting in place thereof the following section : — Sec- 
tion 41. If a vacancy occurs in the office of mayor prior to 
the last six months of his term, the city council shall order 
an election to fill the same for the unexpired term; and if a 
vacancy occurs in the office of mayor during the last six 
months of his term, the president of the city council shall 
succeed thereto for the remainder of the term. If the mayor 
is absent or temporarily unable from any cause to perform 
his duties or pending the election of a mayor to fill a va- 
canc}', they shall be performed by the president of the city 
council, who shall for the time being be designated "acting 
mayor", and shall possess the powers of mayor only in mat- 
ters not admitting of delay, and shall have no power to 
make permanent appointments. If the president is absent 
or unable to serve, the city council shall elect an acting 
mayor. 

If a vacancy in the office of councilman shall occur in 
the first twelve months of the term for which councilmen 
are elected, it shall be filled by an election by the voters of 
the whole city in the case of a councilman at large, or by an 
election by and from the voters of the ward entitled to such 
representative in the case of a ward councilman, and the 
city council shall forthwith call a meeting for a new election, 
but if such vacancy shall occur in the last twelve months of 
the term for which councilmen are elected, it shall be filled 
by the city council by a majority vote of all its members. 

Should an appointive officer of the city be temporarily 
unable for any cause to perform his duties, the council or 
the mayor, liaving the power of original appointment, may 
designate a temporary appointee to act until such officer 
shall resume his duties. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Lynn at its biennial 
municipal election in the current year in the form of the 
following question, which shall be placed upon the official 
ballot to be used at said election: - "Shall an act of the 
General Court passed in the current year, entitled 'An Act 
relative to the Filling of Vacancies in the City Council of the 
City of Lynn', be accepted?" If a majority of the voters 



Acts, 1945. — Chaps. 386, 387, 388. 345 

voting upon said question vote in the aflSrmative, section 
one shall thereupon take full effect, but not otherwise. 

Approved June 6, 1945. 



An Act authorizing a payment to the Walter reed (^/^^^p 3§g 

CORPORATION OP^ BOSTON FOR EMERGENCY STORM DAMAGE 
REPAIRS AT WINTHROP SHORE RESERVATION. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan district commission is 
hereby authorized to pay to the Walter Reed Corporation of 
Boston the sum of one thousand, one hundred and forty-two 
dollars and fifteen cents for emergency storm damage repairs 
at Winthrop Shore Reservation in November, nineteen hun- 
dred and forty-four. 

Section 2. For the aforesaid purpose, funds appropri- 
ated in the current year from the Highway Fund for the 
maintenance of boulevards and parkways may be expended. 

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

Approved June 8, 1945. 



An Act authorizing the city of boston to refund a 

CERTAIN license FEE. 

Be it enacted, etc., as follows: 

Section 1, The city of Boston is hereby authorized to 
refund to Manor Cafe, Inc., the proportionate amount of the 
fee paid b}^ it for a license issued to it under section twelve 
of chapter one hundred and thirty-eight of the General Laws 
for the year nineteen hundred and forty-four based on the 
length of time during which the licensing board for the city 
is satisfied that no premises were open for business under 
authority of said license. 

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

Approved June 8, 1945. 



Chap.387 



Chap.388 



An Act relative to the salaries of court officers in 

attendance UPON THE SUPERIOR COURT AND THE PRO- 
BATE COURT IN SUFFOLK COUNTY. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and twenty-one of the g. l. (Tor. 
General Laws is hereby amended by striking out section ftV'c^mlnLJi' 
seventy-three, as most recently amended by section one of 
chapter four hundred and forty-eight of the acts of nineteen 
hundred and forty-one, and inserting in place thereof the 
following section : — Section 73. Each officer in attendance salary of 
upon the superior court in Suffolk county who is appointed of^cere *'°'^'^* 
under section seventy shall receive from said county in full 
for all services performed by him such salary as shall be 
fixed by the justices of said court, with the approval of 



346 Acts, 1945. — Chaps. 389, 390. 

the justices of the supreme judicial court. Each officer in 
a,ttendaDce upon the supreme judicial court in said county 
shall receive in full for all services performed by him such 
salary as shall be fixed by the justices of the supreme judicial 
court of which salary five hundred and twenty-eight dollars 
shall be paid by the commonwealth and the remainder by 
said county. Each officer in attendance upon the probate 
court in said county shall receive in full for all services per- 
formed by him such salary as shall be fixed by the judges of 
said court, with the approval of the justices of the supreme 
judicial court, 
EdV' ''?f '^' Section 2. Section seventy-three A of said chapter two 

§73Aretc., hundred and twenty-one, as amended by section two of 
repealer!. g^j^ chapter four hundred and forty-eight, is hereby repealed. 

Section 3. Salaries of court officers in attendance upon 
the superior court and the probate court in Suffolk county, 
referred to in section one of this act, in force on the effective 
date thereof, shall continue in force until fixed by the justices 
or judges of such court as provided by said section one. 

Approved June 8, 19Jf5. 



C}iap.SS9 An Act relative to changing districts established by 

THE department OF PTTBLIC WORKS IN CONNECTION WITH 
ITS LABOR SERVICE. 

Be it enacted, etc., as follows: 
G- L. (Ter Scction eighteen A of chapter thirty-one of the General 

etc!, amended.' Laws, inserted by section four of chapter six hundred and 
twenty-seven of the acts of nineteen hundred and forty-one, 
is hereby amended by adding at the end the following sen- 
tence : — Districts so established shall not be changed unless 
written notice of the change, stating the reasons therefor, 
is sent to the director at least six months prior to the effec- 
tive date of such change, — so as to read as follows: — 
Persons in Sectiou 18 A. Pcrsous certified to fill positions in the labor 
to be certified scrvicc of the statc department of public works shall be 
d?sTr^ot8.^ *" certified according to districts, to be established by the state 
department of public works. Districts so established shall 
not be changed unless written notice of the change, stat- 
ing the reasons therefor, is sent to the director at least six 
months prior to the effective date of such change. 

Approved June 8, 1945. 



Chap. 390 An Act relative to the holding of property by the 

MASSACHUSETTS STATE COLLEGE BUILDING ASSOCIATION 
AND THE LEASING OF CERTAIN STATE LAND TO SAID COR- 
PORATION. 

Be it enacted, etc., as follows: 

Section 1. Massachusetts State College Building Asso- 
ciation, incorporated by section one of chapter three hun- 
dred and eighty-eight of the acts of nineteen hundred and 



Acts, 1945. — Chap. 391. 347 

thirty-nine, is hereby authorized to hold, for the purposes 
set forth in said chapter, real and personal estate to an 
amount not exceeding five hundred and fift}^ thousand dol- 
lars, in addition to the amount of real and personal estate 
which may be held by said corporation under authority of 
said chapter. 

Section 2. The trustees of the Massachusetts state col- 
lege may, in the name of and for the commonwealth, lease 
to said corporation an acre of land in Amherst or Hadley 
owned by the commonwealth, for the erection and main- 
tenance of dormitories, commons and other buildings for the 
use of said college or its students. The land hereby author- 
ized to be leased to said corporation shall be in addition to 
that authorized to be leased by section six of said chapter 
three hundred and eighty-eight, but nothing in this section 
shall be construed as limiting or restricting the powers con- 
ferred upon said trustees by said section six with respect to 
the leasing of lands by them to said corporation. 

Approved June 8, 1945. 



An Act relative to indemnification of certain public (JJiqj) 391 
employees for damages stjstained through opera- 

TION of certain publicly owned VESSELS. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred A of chapter forty-one g. l. (Ter. 
of the General Laws, as most recently amended by section F'looA^etc 
three of chapter two hundred and ninety-one of the acts of amended, 
nineteen hundred and thirtj^-four, is hereby further amended 
by inserting after the word "vehicle" in the tenth line the 
words : - — or vessel, — so as to read as follows : — Section indemnifica- 
lOOA. A city which accepts this section by vote of its city ^^°^°^^^^ 
council subject to the provisions of its charter, or a town employees. 
which accepts the same b}^ vote of its inhabitants at an 
annual town meeting, may, after an appropriation has been 
made therefor, indemnify an officer or employee thereof for 
expenses or damages incurred by him in the defence or settle- 
ment of a claim against him for bodily injuries, including 
death at any time resulting therefrom, or for damage to 
property, arising out of the operation of a motor or other 
vehicle or vessel owned by such city or town, to an amount 
not exceeding five thousand dollars on account of injury to 
or death of one person, and not exceeding one thousand 
dollars on account of damage to property; provided, that 
after investigation it shall appear to the mayor or selectmen 
that such officer or employee was at the time the claim arose 
acting within the scope of liis official duties or employment, 
and provided, further, that the defence or settlement of 
such claim shall have been made by the city solicitor or the 
town counsel, or, if the town has no town counsel, by an 
attorney employed for the purpose by the selectmen, upon 
tlie request of said officer or emplo3'ee and at the direction 



348 



Acts, 1945. — Chap. 392. 



r;. L. (Tpr. 
Kd.), 40, § 5, 
etc., amended. 



.\|)iiroi)rJatii)iis 
by munici- 
palities to pay 
I'ost of surety 
bonds on cer- 
tain officers. 



of the mayor or selectmen. This section shall not apply in 
respect to so much of a claim against an officer or employee 
as is covered by a policy of insurance effected by the city or 
town under clause (1) of section five of chapter forty. 

Section 2. Clause (1) of section five of chapter forty 
of the General Laws, as most recently amended by chapter 
nineteen of the acts of nineteen hundred and thirty-nine, is 
hereby further amended b.y inserting after the word "vehi- 
cles" in the fourteenth line the words: — or vessels, — so as 
to read as follows : — 

(1) To pay a proper charge of an insurance company for 
acting as surety on the official bond of any town officer, 
to pay a proper charge for effecting insurance providing in- 
demnity for or protection to a town treasurer or a town 
collector of taxes against his liability for the loss, without 
fault, connivance or neglect on his part, of money for which 
he is accountable to the town, or to pay a proper charge for 
effecting insurance providing indemnity for or protection to 
any officer or employee of the town against loss by reason 
of his liability to pay damages to others for bodily inju- 
ries, including death at any time resulting therefrom, or for 
damage to property, caused by the operation, within the 
scope of his official duties or employment, of motor or other 
vehicles or vessels owned by the town, to an amount not 
exceeding five thousand dollars on account of injury to or 
death of one person, and not exceeding one thousand dollars 
on account of damage to propertj'^, or to pay a proper charge 
for effecting insurance providing indemnity for or protection 
to any of the officers or employees of the town named in 
section one hundred of chapter forty-one against loss by 
reason of any expenses or damages within the provisions of 
the said section. 

Section 3. The provisions inserted in section one hun- 
dred A of chapter forty-one of the General Laws by section 
one of this act shall apply only to causes of action arising 
after the effective date of this act. 

Approved June 8, 1945. 



Ch(ip.392 A^ -^CT PROVIDING FOR THE ESTABLISHMENT AND TEMPO- 
RARY MAINTENANCE IN THE DEPARTMENT OF AGRICTTLTTTRE 
OF A FARM-AID BTTREAIT, FOR THE BENEFIT OF CERTAIN 
WAR VETERANS. 

Be it enacted, etc., as foUoivs: 

There is hereby established in the department of agricul- 
ture a farm-aid bureau which shall be maintained for the 
purpose of furnishing, in co-operation with the extension 
service at the Massachusetts state college and war veterans' 
organizations, information, advice and assistance to Massa- 
chusetts war veterans desirous of engaging in farming. 
Said bureau shall be in charge of the commissioner of agri- 
culture, who shall administer its affairs. 

Approved June 8, 1945. 



Acts, 1945. — Chap. 393. 349 

An Act changing the title of the office of commis- ("7^077 398 
signer of veterans aid and pensions to commisstoner 

OF veterans' SERVICES. 

Be it enacted, etc., as follows: 

Section 1. Section seventeen of chapter six of the Gen- Q- l (Ter. 
eral Laws, as most recently amended by section one of ^u-':,' amended. 
chapter three hundred and ninet\^-three of the acts of nine- 
teen hundred and thirty-nine, is hereby furtlier amended by 
striking out, in the third Hne, the words "state aid and 
pensions" and inserting in place thereof the words: — vet- 
erans' services, — so as to read as follows: — Section 17. [^"serw.'undt? 
The armory commission, the art commission, the commis- governor ami 
sion on administration and finance, the commissioner of '"""'' • 
veterans' services, the commissioners on uniform state laws, 
the public bequest commission, the state ballot law com- 
mission, the board of trustees of the Soldiers' Home in 
Massachusetts, the milk regulation board, the alcoholic 
beverages control commission, the state planning board, the 
trustees of the state library, the state racing commission, 
the Greylock reservation commission and the Massachusetts 
aeronautics commission shall serve under the governor and 
council, and shall be subject to such supervision as the 
governor and council deem necessary or proper. 

Section 2. Section twenty-two of said chapter six, as g. l. (Ter. 
most recently amended by section one of chapter four eu-.,''lmmdi'd. 
hundred and fifty-five of the acts of nineteen hundred and 
forty-three, is hereby further amended by striking out, in 
the heading and in the second Hne, the words "veterans aid 
and pensions" and inserting in place thereof, in each in- 
stance, the words : — veterans' services, — so that the liead- 
ing and section will read as follows : — 



commissioner of veterans services. 
Section 22. There shall be an officer to be known as the Commissioner 

of Vetera 
services. 



commissioner of veterans' services, who shall be appointed of veterans 



by the governor, with the advice and consent of the council, 
for three years, at such salary, not exceeding fifty-five hun- 
dred dollars, as the governor and council shall determine. 
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 
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 3. Section twenty-four of said chapter six, as EjV-^^r24 
most recently amended by section two of said chapter four etcVumenaeli. 
hundred and fifty-five, is hereby further amended by strik- 
ing out, in the third and fourth lines, the words "veterans 
aid and pensions" and inserting in place thereof the words: 



350 



Acts, 1945. — Chap. 393. 



Deputy com- 
miesioner. etc. 



G. L. (Ter. 
Ed.). C, § 28A, 
etc., amended. 



Public be<iuest 
commission. 



G. L. (Ter. 
Ed.), -.is, § 09, 
clc, amended. 



State surgeon. 



G. L. (Ter. 
Ed.), 60, § 18, 
amended. 



— veterans' services, — so as to read as follows: — iSection 
24' The governor, with the advice and consent of the 
council, shall appoint a deputy and a second deputy com- 
missioner of veterans' services 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 commis- 
sioner. The deput}^ commissioner, or in case of a vacancy 
in his ofhce or in his absence or disability the second deputy 
commissioner, shall perform the duties of said commissioner 
during his absence on account of disability or other cause. 

Section 4. Section twenty-eight A of said chapter six, 
as most recently amended by section one of chapter two 
hundred and eight of the acts of nineteen hundred and 
thirty-four, is hereby further amended by striking out, in 
the fourth line, the words "state aid and pensions" and 
inserting in place thereof the words : — veterans' services, — 
and by striking out, in the last line, the words "the four 
following sections" and inserting in place thereof the words: 

— sections twenty-eight B to twenty-eight E, inclusive, — 
so as to read as follows : — Section 28 A . There shall be a 
public bequest commission, consisting of the commissioner 
of corporations and taxation, the state treasurer and the 
commissioner of veterans' services, ex officiis. Said officials 
shall receive no additional compensation for such service, 
but, with the approval of the governor and council, may 
employ and remove such assistants and fix their salaries, 
and may incur such other expenses, as may be necessary to 
render effective the provisions of this and sections twenty- 
eight B to twenty-eight E, inclusive. 

Section 5. Subdivision (a) of section sixty-nine of chap- 
ter thirty-three of the General Laws, as appearing in sec- 
tion one of chapter four hundred and twenty-five of the 
acts of nineteen hundred and thirty-nine, is hereby amended 
by striking out, in the ninth line, the words "state aid and 
pensions" and inserting in place thereof the words: — veter- 
ans' services, — so as to read as follows: — (a) There shall 
be a state surgeon who, under the direction of the adjutant 
general, shall have general supervision and control of all 
matters pertaining to the medical department of the organ- 
ized militia and shall purchase and issue all medical and 
hospital supplies. Except when ordered on dutj^ under sec- 
tions eleven, seventeen, eighteen, nineteen or one hundred 
and five, the state surgeon shall receive a salary of fifteen 
hundred dollars. For services rendered to the commissioner 
of veterans' services in cases of state or military aid and 
soldiers' relief he may receive such compensation, not ex- 
ceeding twelve hundred dollars per annum, as said com- 
missioner shall approve. 

Section 6. Section eighteen of chapter sixty-six of the 
General Laws, as appearing in the Tercentenary Edition, is 
hereby amended by striking out, in the third line, the words 
"state aid and pensions" and inserting in place thereof the 
words : — veterans' services, — so as to read as follows : — 



Acts, 1945. — Chaps. 394, 395. 351 

Section 18. This chapter shall not apply to the records of Apijiication 
the general court, nor shall declarations, affidavits and other' HnntH.**"^ 
papers filed by claimants in the office of the commissioner 
of veterans' services, or records kept by him for reference by 
the officials of his office, be public records. 

Section 7. Section one of chapter one hundred and EdViis^s 
fifteen of the General Laws, as amended by section three etc;,'aiiiemipfi'. 
of chapter four hundred and fifty-five of the acts of nine- 
teen hundred and forty-three, is hereby further amended 
by striking out the paragraph defining "Commissioner" and 
inserting in place thereof the following paragraph : — 

"Commissioner", commissioner of veterans' services. "Commis- 
Section 8. When used in any statute, ordinance, by- f,'°fl®'"j' 
law, rule or regulation the phrases "commissioner of state *""*'■ 
aid and pensions" or "commissioner of veterans aid and 
pensions", or any words connoting the same, shall mean 
the commissioner of veterans' services. 

Approved June 8, 1945. 



An Act to facilitate the report of material facts in (Jhnij QQ4 

PROCEEDINGS IN EQUITY. ' ' 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and fourt