\
ACTS
AND
RESOLVES
PASSED BY THE
^mm\ ^auri nf Ulassachusctts
IN THE YEAR
1946
TOGETHER 'WITH
TABLES SHOWING CHANGES IN THE STATUTES, ETC.
PUBLISHED BY THE
SECRETARY OF THE COMMONWEALTH
BOSTON
WRIGHT & POTTER PRINTING COMPANY
1946
ACTS AND RESOLVES
OF
MASSACHUSETTS
1946
^P*The General Court, which was chosen November 7, 1944,
assembled on Wednesday, the second day of January, 1946, for
its second annual session.
His Excellency Maurice J. Tobin and His Honor Robert
F. Bradford continued to serve as Governor and Lieutenant
Governor, respectively, for the political year of 1946.
ACTS,
An Act to authorize cities and towns to properly (^fiQp^ l
CELEBRATE THE RETURN OF THE MEN AND WOMEN WHO
SERVED IN OR WERE AFFILIATED OR ASSOCIATED WITH
THE ARMED FORCES OF THE UNITED STATES IN WORLD
WAR II.
Whereas, The deferred operation of this act would de-
prive cities and towns from adequately and promptly expres-
sing appreciation of the services of those who served in World
War II, therefore it is hereby declared to be an emergency
law, necessary 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 follows:
Cities and towns may appropriate money to celebrate in
such manner as they deem advisable the return of men and
women who served in or were affiliated or associated with
any branch of the armed forces of the United States in World
War II. Approved January 8, 1946.
An Act permitting the late filing of certificates of CJiar). 2
NOMINATION AND NOMINATION PAPERS FOR THE ANNUAL
TOWN ELECTION OF THE TOWN OF MIDDLEBOROUGH 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 Middle-
borough 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 Middleborough has accepted said section
one hundred and three A.
Section 2. This act shall take effect upon its passage.
Approved January 10, 1946.
An Act enabling the town of milton to sell and con- Qfid-n 3
VEY A PORTION OF CERTAIN LAND IN EAST MILTON AC- ^'
QUIRED BY IT IN PART FOR PLAYGROUND PURPOSES AND
IN PART FOR SCHOOL OR OTHER PURPOSES.
Be it enacted, etc., as follows:
Section L The town of Milton may sell at public auc-
tion or private sale, and convey, the whole or any part of a
4 Acts, 1946. — Chap. 4.
certain parcel of real estate situated in that town which was
acquired in part for playground purposes and in part for
school or other purposes and is no longer needed for public
use, and shall use the proceeds of such sale for the purposes
stated in section sixty-three of chapter forty-four of the
General Laws. Said parcel is shown on a plan entitled
"Milton Park Department, Plan Showing a Part of the
East Milton Playground Proposed to Be Transferred to
Private Ownership, dated January ninth, nineteen hundred
and forty-six, by Forrest J. Maynard, Town Engineer."
Said parcel of land is bounded and described as follows: —
Beginning at a point in the southeasterly line of the old
"East Milton School House Lot", two hundred and j&fty
feet from the northeasterly side line of Adams street, thence
running southeasterly by land of the Roman Catholic Arch-
bishop of Boston one hundred and eighty-one and thirty one-
hundredths feet to land formerly of Samuel Babcock; thence
running northeasterly by said Babcock land one hundred
and sixty-five feet; thence running northwesterly by other
land of said town of Milton three hundred six and sixty-
three one-hundredths feet to the easterly side hne of a pro-
posed street on land of said town, as shown on said plan;
thence running southeasterly by said easterly side line of
said proposed street eighty-nine and forty-nine one-hun-
dredths feet; thence running southeasterly and southwest-
erly by a curved portion of said easterly side hne of said
proposed street one hundred twenty-eight and twenty-one
one-hundredths feet to the point of beginning. Said sale
and conveyance shall be subject to an easement of the town
of Milton for sewer and drain purposes over a strip of land
ten feet wide shown on said plan.
Section 2. Action hereunder may be taken by the town
at the annual meeting to be held in nineteen hundred and
forty-six, but not thereafter, except so far as is necessary to
carry out the provisions of any vote passed at said meeting
or to use as aforesaid the proceeds of said sale.
Section 3. This act shall take effect upon its passage.
Approved January 16, 1946.
Chap. 4 An Act authorizing Norfolk county to expend a cer-
tain SUM OP MONEY FOR THE PURPOSE OF PAYING THE
COMPENSATION OF A JUVENILE PROBATION OFFICER IN
THE NORTHERN, WESTERN AND SOUTHERN JUDICIAL DIS-
TRICTS OF SAID COUNTY.
Be it enacted, etc., as follows:
Section 1. The county of Norfolk may expend twenty-
eight hundred dollars for the purpose of paying the com-
pensation of a juvenile probation officer to serve in the
northern, western and southern judicial districts of said
county, said sum to be included in the appropriations for
the current year for said county. Said compensation, when
approved by the county commissioners, may be paid by the
Acts, 1946. — Chaps. 5, 6. 5
treasurer from any available sums or from the proceeds of
loans made in anticipation of taxes of the year nineteen
hundred and forty-six.
Section 2. This act shall take effect upon its passage.
Approved January 22, 1946,
An Act authorizing the town of canton to borrow Chap. 5
MONEY FOR THE PURPOSE OF CONSTRUCTING, EQUIPPING
AND FURNISHING A SCHOOL BUILDING.
Be it enacted, etc., as follows:
Section 1. For the purpose of constructing and origi-
nally equipping and furnishing a school building, the town
of Canton may borrow from time to time within a period of
three years from the passage of this act such sums as may
be necessary, not exceeding, in the aggregate, one hundred
and seventy thousand dollars, and may issue bonds or notes
therefor, which shall bear on their face the words. Canton
School Loan, Act of 1946. Each authorized issue shall con-
stitute a separate loan, and such loans shall be paid in not
more than twenty years from their dates. Indebtedness in-
curred under this act shall be in excess of the statutory limit
and shall, except as provided herein, be subject to chapter
forty-four of the General Laws, inclusive of the Umitation
contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved January 22, 1946.
An Act authorizing the town of nahant to borrow QJiap.
money for the purpose of reconstructing tudor
wharf.
Be it enacted, etc., as follows:
Section L For the purpose of reconstructing Tudor
wharf, the town of Nahant may borrow from time to time,
within a period of five years from the passage of this act,
such sums as may be necessary, not exceeding, in the aggre-
gate, fifteen thousand dollars, and may issue bonds or notes
therefor, which shall bear on their face the words, Nahant
Wharf Loan, Act of 1946. Each authorized issue shall con-
stitute a separate loan, and such loans shall be paid in not
more than ten years from their dates, but no issue shall be
authorized under this act unless a sum equal to an amount
not less than ten per cent of such authorized issue is voted
for the same purpose to be raised by the tax levy of the year
when authorized. Indebtedness incurred under this act shall
be inside the statutory limit, and shall, except as provided
herein, be subject to chapter forty-four of the General Laws,
exclusive of the limitation contained in the first paragraph
of section seven thereof.
Section 2. The selectmen of said town shall have power
to make rules and regulations governing the use of the said
6 Acts, 1946. — Chaps. 7, 8.
wharf, and shall have authority to appoint a wharfinger of
the wharf who shall have power to enforce the aforesaid rules
and regulations.
Section 3. This -act shall be submitted to the voters of
the town of Nahant, at any time within three years after its
passage, at an annual or special town meeting called for the
purpose, and shall take full effect upon its acceptance by a
majority of the voters present and voting thereon; pro-
vided, that not more than one such special meeting shall be
called in any calendar year. Approved January 22, 1946.
Chap. 7 An Act authorizing the placing op the office of su-
perintendent OF streets of the town of lee under
the civil service laws.
Be it enacted, etc., as follows:
Section 1. The office of superintendent of streets of the
town of Lee shall, upon the effective date of this act, become
subject to the civil service laws and rules and regulations
made thereunder. 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 qualifying ex-
amination 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-six, entitled 'An Act authorizing the Placing of
the Office of Superintendent of Streets of the Town of Lee
under the Civil Service Laws', be accepted?" If a majority
of the votes in answer to said question is in the affirmative,
then this act shall thereupon take full effect, but not other-
wise. Approved January 22, 1946.
Chap. 8 An Act further increasing the authority of the
trustees of dummer academy to borrow money.
Be it enacted, etc., as follows:
Chapter four hundred of the acts of nineteen hundred and
eight is hereby amended by striking out section one, as most
recently amended by chapter one hundred and nineteen of
the acts of nineteen hundred and thirty-nine, and inserting
in place thereof the following section : — Section 1 . The
Trustees of Dummer Academy, a corporation incorporated
by an act of the general court passed on the third day of
October, seventeen hundred and eighty-two, (said institu-
tion being commonly called Governor Dummer Academy),
is hereby authorized and empowered, for the purposes set
Acts, 1946. — Chap. 9.
forth in said act, to borrow money to the amount of three
hundred thousand dollars, and to mortgage its real estate
situated in the town of Newbury as security for such loan.
Approved January 22, 1946.
An Act authorizing the town of lee to purchase the QJiQ'n
PROPERTY AND RIGHTS OF THE BERKSHIRE WATER COM- "'
PANT AND TO ESTABLISH RULES AND REGULATIONS FOR
FINANCING AND MANAGEMENT OF THE WATER WORKS.
Be it enacted, etc., as follows:
Section 1. Upon the acceptance of this act the town of
Lee is hereby authorized, acting by and through its board
of water commissioners hereinafter provided for, to purchase
from the Berkshire Water Company its corporate property,
and its whole water rights, estates, franchises and privileges
as set forth in the charter of said company and amendments
thereto, and thereby become entitled to all its rights and
privileges and subject to all its duties and liabilities.
Section 2. Said town, for the purposes of paying neces-
sary expenses and liabilities incurred or to be incurred under
the provisions of this act, may issue from time to time bonds
or notes to an amount not exceeding, in the aggregate, one
hundred and sixty-five thousand dollars, which shall bear on
the face the words, Town of Lee Water Loan, Act of 1946.
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 the provisions of
this act shall be inside the debt limit as fixed for water sup-
ply loans under chapter forty-four of the General Laws, and
loans issued hereunder shall be subject to said chapter forty-
four.
Section 3. Said town shall, at the time of authorizing
said loan or loans, provide for the payment thereof in accord-
ance with section two; and, when a vote to that effect has
been passed, a sum which, with the income derived from
water rates and other sources, will be sufficient to pay the
annual expenses of operating the water works and the in-
terest as it accrues on the bonds or notes issued as aforesaid,
and to make such payments on the principal as may be re-
quired under this act, shall without further vote be assessed
by the assessors of the town annually thereafter in the same
manner as other taxes, until the debt incurred by said loan
or loans is extinguished.
Section 4. The land, water rights and other property
taken or acquired under this act, and all works, aqueducts,
pipe lines, buildings and other structures erected or con-
structed thereunder, shall be managed, improved and con-
trolled by the board of water commissioners hereinafter pro-
vided for, in such manner as they shall deem for the best
interest of the town. The town may furnish and sell water
to other municipalities, which are hereby authorized to pur-
chase water so sold.
Acts, 1946. — Chap. 9.
Section 5. Said town shall, after the acceptance of this
act, at the same meeting at wliich this act is accepted or at a
meeting called for the purpose, establish a board of three
water commissioners. Such commissioners shall, in the first
instance, be elected by ballot, other than the oflEicial ballot,
to hold office, one until the expiration of one year, one until
the expiration of two years, one until the expiration of three
years, from the next succeeding annual town meeting; and
at the annual town meeting held on the day on which the
shortest of such terms expires, and at each annual town
meeting thereafter, one such commissioner shall be elected
by official ballot for the term of three years. A majority of
said commissioners shall constitute a quorum for the trans-
action of business. After the election of a board of water
commissioners under authority of this act, any vacancy oc-
curring in said board from any cause may be filled for the
remainder of the unexpired term by said town at any legal
town meeting called for the purpose. Any such vacancy
may be filled temporarily by a majority vote of the selectmen
and the remaining members of the water commission and
the person appointed shall hold office until the town fills the
vacancy in the manner specified herein or until the expira-
tion of the remainder of such unexpired term, whichever
event first occurs. The said board of water commissioners
shall serve without compensation except for expenses in-
curred in connection with their official duties.
Section 6. The water commissioners shall have exclu-
sive charge and control of the water department and water
system, subject to all lawful by-laws and to such instructions,
rules and regulations as the town may from time to time
impose by its vote, except as hereinafter provided. They
may establish fountains and hydrants, may relocate or dis-
continue the same, may regulate the use of water and shall
annually estimate just and equitable prices and rates for the
use thereof which shall be sufficient to defray all operating
expenses, interest charges, and payments on the principal
as they accrue on any bonds or notes issued for the purposes
of this act. They shall prescribe the time and manner of
payment of such prices and rates including discounts for the
prompt payment of the same. The income from the water
works shall be appropriated to pay all operating expenses,
interest charges and payments on the principal as they
accrue on any bonds or notes issued under this act. If in
any year there should be a net surplus remaining after pro-
viding for the aforesaid charges for that year, such surplus
may be appropriated for such new construction as the water
commissioners, with the approval of the town, may deter-
mine upon; and in case a net surplus should remain after
payment for such new construction the water rates shall be
reduced proportionately. If in any year there should be a
deficit of revenue, said commissioners shall in the following
year fix the rate so as to meet such deficit together with the
estimated operating costs including interest and debt. Said
Acts, 1946. — Chap. 9.
commissioners shall annually, and as often as the town may
require, render a report upon the condition of the works
under their charge and an account of their doings, including
an account of receipts and expenditures.
Section 7. Said water commissioners shall appoint a
superintendent of water works, who shall be subject to chap-
ter thirty-one of the General Laws, and whose duties shall
be, under the general direction of the water commissioners,
to maintain and repair all pipes, aqueducts, dams and other
structures and to do all things necessary for the proper
operation of the water works, including the employment of
labor, and to do such other things as the water commis-
sioners may direct.
Section 8. Said water commissioners shall appoint a
registrar, who shall be subject to said chapter thirty-one of
the General Laws and who shall give bond to the town in
such amount and with such surety or sureties as may be
approved by said commissioners. It shall be the duty of
said registrar to keep record of all incomes and expenditures,
to collect water rates and charges, to keep records of the
meetings and official acts of the board of water commis-
sioners and to do such other things as said commissioners
may direct.
Section 9. Said water commissioners shall fix the salary
or compensation of all officers or employees appointed or
employed by them, subject to the provisions of section thirty-
one of chapter forty-four of the General Laws.
Section 10. If, for any reason, the board of water com-
missioners should refuse to extend water mains or pipes into
sections of the tow^n not previously supplied with water from
the town water works, a two-thirds vote of an annual town
meeting shall be necessary to annul such refusal.
Section IL With the acceptance of this act the town of
Lee also accepts sections forty-two A to forty-two F, inclu-
sive, of chapter forty of the General Laws for the collection
of water rates.
Section 12. The prices and rates for the use of water in
that part of the town of Lenox in which the town of Lee is
authorized to supply water shall be the same as those charged
for similar service supphed by the Lenox Water Company
in the town of Lenox. In case the town of Lee and the town
of Lenox should fail to agree upon said rates, then the
rates shall be established by the state department of public
utilities.
Section 13. Nothing in this act shall change, modify or
limit any rights or privileges granted to the Berkshire Water
Company by its charter when said charter rights and privi-
leges of said company are acquired by the town of Lee.
Section 14. Any provision of section eight of chapter
one hundred and twenty-seven of the acts of eighteen hun-
dred and eighty to the contrary notwithstanding, this act
shall take full effect upon its acceptance by a majority of
the voters of the town of Lee present and voting thereon at
10 Acts, 1946. — Chaps. 10, 11.
a town meeting called for the purpose within three years
after its passage, but not otherwise.
Approved January 22, 1946.
Chap. 10 ^ ^^T PROVIDING FOR THE PROMPT USE OF POST-WAR
REHABILITATION FUNDS ACCUMULATED BY CITIES, TOWNS
AND DISTRICTS.
Whereas, The deferred operation of this act would tend
to defeat its purpose, which in part is to enable towns to
take prompt action in using their post-war rehabilitation
funds, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the pub-
lic convenience.
Be it enacted, etc., as follows:
Notwithstanding the provision of section one of chapter
four of the acts of nineteen hundred and forty-two or sec-
tion one of chapter five of the acts of nineteen hundred and
forty-three forbidding the sale of bonds purchased there-
under by cities, towns and districts, prior to the termina-
tion of the existing state of war, such bonds may at any
time after the effective date of this act be sold to provide
funds to meet appropriations made as authorized under sec-
tion one of said chapter five. Approved January 24, 1946.
Chap. 11 An Act to authorize the town of rowley to supply
ITSELF AND ITS INHABITANTS WITH WATER.
Be it enacted, etc., as follows:
Section 1. The town of Rowley may supply itself and
its inhabitants with water for the extinguishment of fires
and for domestic and other purposes; and may establish
fountains and hydrants, relocate or discontinue the same,
and may regulate the use of such water and fix and collect
rates to be paid for the use of the same.
Section 2. For the purposes aforesaid, said town, acting
by its board of water commissioners hereinafter provided
for, may contract with any other municipality, acting by its
water department, or with any water company, or with any
water district, for whatever water may be required, author-
ity to furnish the same being hereby granted, and may lease,
or take by eminent domain under chapter seventy-nine or
chapter eighty A of the General Laws, or acquire by lease,
purchase or otherwise, and hold, the waters, or any portion
thereof, of any pond, brook, spring or stream or of any
ground water sources, by means of driven, artesian or other
wells or filter galleries, within the limits of said town, not
already appropriated for purposes of public water supply,
and the water rights connected with any such water sources;
and also for said purposes may take by eminent domain un-
der said chapter seventy-nine or said chapter eighty A, or
Acts, 1946. — Chap. 11. 11
acquire by lease, purchase or otherwise, and hold, all lands,
rights of way and other easements necessary for collecting,
storing, holding, purifying and treating such water and pro-
tecting and preserving the purity thereof and for conveying
the same to any part of said town; provided, that no source
of water supply and no lands necessary for protecting and
preserving the purity of the water shall be taken or used
without first obtaining the advice and approval of the de-
partment of public health, and that the location and ar-
rangement of all dams, reservoirs, wells or filter galleries,
filtration and pumping plants or other works necessary in
carrying out the provisions of this act shall be subject to
the approval of said department; and said town may ac-
quire by lease, purchase or otherwise any appliances, works,
tools, machinery and other equipment that may be neces-
sary or expedient in carrying out the provisions of this act.
Said town may construct and maintain on the lands ac-
quired and held under this act proper dams, wells, reservoirs,
pumping and filtration plants, buildings, standpipes, tanks,
fixtures and other structures, including also purification and
treatment works, the construction and maintenance of which
shall be subject to the approval of said department of public
health, and may make excavations, procure and operate
machinery, and provide such other means and appliances
and do such other things as may be necessary for the es-
tabUshment and maintenance of complete and effective
water works; and for that purpose may construct, lay and
maintain aqueducts, conduits, pipes and other works, un-
der or over any lands, water courses, railroads, railways and
pubUc or other ways, and along any such way, in said town
in such manner as not unnecessarily to obstruct the same;
and for the purposes of constructing, laying, maintaining,
operating and repairing such conduits, pipes and other
works, and for all other proper purposes of this act, said
town may dig up or raise and embank any such lands, high-
ways or other ways in such manner as to cause the least
hindrance to public travel thereon; provided, that all things
done upon any such way shall be subject to the direction of
the selectmen of said town. Said town shall not enter upon,
construct or lay any conduits, pipes or other works within
the location of any railroad corporation except at such time ♦
and in such manner as it may agree upon with such corpora-
tion, or, in case of failure so to agree, as may be approved
by the department of public utilities. Said town may enter
upon any lands for the purpose of making surveys, test pits
and borings, and may take or otherwise acquire the right to
occupy temporarily any lands necessary for the construction
of any works or for any other purpose authorized by this
act.
Section 3. The land, water rights and other property
taken or acquired under this act, and all works, buildings
and other structures erected or constructed thereunder, shall
be managed, leased, improved and controlled by the board
12 Acts, 1946. — Chap. 11.
of water commissioners hereinafter provided for, in such
manner as they shall deem for the best interest of the town.
The board of water commissioners may establish rules and
regulations for the management of its water works, not
inconsistent with this act or with any other provisions of
law.
Section 4. Any person or corporation injured in his or
its property by any action of said town or board under this
act may recover damages from said town under said chap-
ter seventy-nine or said chapter eighty A; provided, that
the right to damages for the taking of any water, water
source or water right, or any injury thereto, shall not vest
until the water is actually withdrawn or diverted by said
town under authority of this act.
Section 5. Said town, for the purpose of paying the
necessary expenses and liabihties incurred or to be incurred
under this act, other than expenses of maintenance and op-
eration, may issue from time to time bonds or notes to an
amount not exceeding, in the aggregate, one hundred thou-
sand dollars, which shall bear on their face the words. Town
of Rowley Water Loan, Act of 1946. 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 in excess of
#ie statutory limit and shall, except as herein provided, be
subject to chapter forty-four of the General Laws.
Section 6. Said town shall, at the time of authorizing
said loan or loans, provide for the payment thereof in ac-
cordance with section five; and, when a vote to that effect
has been passed, a sum which, with the income derived from
the water rates, will be sufficient to pay the annual expense
of operating its water works, and the interest as it accrues
on the bonds or notes issued as aforesaid, and to make such
payments on the principal as may be required under this act,
shall without further vote be assessed by the assessors of
said town annually thereafter in the same manner as other
taxes, until the debt incurred by the said loan or loans is
extinguished.
Section 7. Whoever wilfully or wantonly corrupts, pol-
lutes or diverts any of the waters taken or held under this
act, or injures any structure, work or other property owned,
held or used by said town under the authority and for any
of the purposes of this act, shall forfeit and pay to said town
three times the amount of damages assessed therefor, to be
recovered in an action of tort; and upon conviction of any
one of the above wilful or wanton acts shall be punished by
a fine of not more than three hundred dollars or by im-
prisonment for not more than one year, or both.
Section 8. The selectmen of said town shall serve as
water commissioners until the election and qualification of
water commissioners. Whenever the phrase "board of water
commissioners" or "board" or "commissioners" occurs in
this act it shall mean and include the board of water com-
Acts, 1946. — Chap. 11. 13
missioners or the selectmen acting as such, as the case may
be. Said town may, at an annual town meeting or at any
special meeting held not less than thirty days prior to an
annual town meeting, vote to elect at the next annual town
meeting a board of three water commissioners; and if the
town so votes it shall at such next annual town meeting
elect by ballot three persons to hold office as members of
said board for one, two and three years, respectively, from
such meeting, and until their successors are qualified; and
thereafter at each annual town meeting the town shall elect
one such member to hold office for three years and until his
successor is qualified. All the authority granted to the town
by this act, except sections five and six, and not otherwise
specially provided for, shall be vested in said board of water
commissioners, who shall be subject, however, to such in-
structions, rules and regulations as said town may impose
by its vote. A majority of said commissioners shall consti-
tute a quorum for the transaction of business. After the
election of a board of water commissioners under authority
of this section, any vacancy occurring in said board from
any cause may be filled for the remainder of the unexpired
term by said town at any legal town meeting called for the
purpose. Any such vacancy may be filled temporarily in
the manner provided by section eleven of chapter forty-one
of the General Laws, and the person so appointed shall per-
form the duties of the office until the next annual meeting
of said town or until another person is qualified.
Section 9. Said commissioners shall fix just and equi-
table prices and rates for the use of water, and shall pre-
scribe the time and manner of payment. The income of
the water works shall be appropriated to defray all operating
expenses, interest charges and payments on the principal as
they accrue upon any bonds or notes issued under authority
of this act. If there should be a net surplus remaining after
providing for the aforesaid charges, it may be appropriated
for such new construction as the water commissioners, with
the approval of the town, may determine upon, and in case
a surplus should remain after payment for such new con-
struction the water rates shall be reduced proportionately.
Said commissioners shall annually, and as often as the town
may require, render a report upon the condition of the
works under their charge, and an account of their doings,
including an account of the receipts and expenditures.
Section 10. This act shall take full effect upon its ac-
ceptance by a majority of the voters of the town of Rowley
present and voting thereon at a town meeting called for the
purpose within four years after its passage, but not other-
wise; but tho number of meetings so called in any year
shall not exceed three. Approved January 28, 1946.
14 Acts, 1946. — Chaps. 12, 13.
Chap. 12 An Act repealing certain laws relative to the board
OF HEALTH IN THE CITY OF FALL RIVER.
Be it enacted, etc., as follows:
Section 1. Chapter five hundred and sixty-nine of the
acts of nineteen hundred and forty-one is hereby repealed.
Section 2. This act shall take effect upon its passage.
Approved January 29, 1946.
Chap. 13 An Act to provide housing for veterans of world
WAR II.'
Whereas, An acute shortage of housing exists in many of
the cities and towns of the commonwealth and on account
of such shortage many veterans of World War II are unable
to obtain shelter for themselves and their families, and this
shortage is likely to continue for a substantial period of time,
and inability to obtain adequate shelter will cause suffering
and disease among such veterans and their families unless
such shortage is relieved, therefore this act is declared to be
an emergency law, necessary for the immediate preservation
of the public health and convenience.
Be it enacted, etc., as follows:
Section 1. It is hereby declared that an acute shortage
of housing exists in many of the cities and towns of the com-
monwealth ; that on account of such shortage many veterans
of World War II are unable to obtain shelter for themselves
and their families regardless of their ability to pay for such
shelter; that on account of the extent of the deficiency in
housing and the difficulty in obtaining building materials it
is likely that this shortage will continue for a substantial
period; that on this account a time of public exigency, emer-
gency and distress now exists so that the providing of shelter
is a public function; and each city or town in which such
shortage exists is hereby authorized to provide shelter for
such of its inhabitants as are veterans of said war in the
manner hereinafter designated for a period of five years from
the date when this act becomes operative unless the general
court shall previously determine that the time of public
exigency, emergency and distress has ended, which period is
hereinafter referred to as the present emergency.
Section 2. In this act, unless the context otherwise re-
quires, the following words shall have the following mean-
ings:
Veteran. — A man or woman who served in the army or
navy of the United States at any time on or after December
seventh, nineteen hundred and forty-one and before the con-
clusion of World War II and has been separated therefrom
under conditions other than dishonorable. The term shall
also include the widow of a man who so served and who died
while in such service and the wife of a man who is still serv-
ing in said army or navy.
Acts, 1946. — Chap. 13. 15
Take hy Eminent Domain. — Take by eminent domain
under chapter seventy-nine or chapter eighty A of the Gen-
eral Laws either a fee or rights less extensive than a fee either
with respect to the interest taken or the duration of such
rights or both.
Dwelling Unit. — A house, apartment, suite of rooms or
room, occupied or designed or available for occupancy as a
place of abode by one person, or by two or more persons
closely related by blood or marriage living together as a
family.
Section 3. During the present emergency a city or town
may raise, appropriate and expend money and take such
other action as is suitable and necessary for the purpose of pro-
viding shelter for veterans who are inhabitants of such city
or town by any or all of the following methods :
(a) By establishing an information centre in which the
dwelling units in such city or town available for veterans will
be listed and veterans will be advised and assisted in estab-
lishing contact with the persons in charge of the selling or
rental of such dwelling units and in determining whether a
dwelling unit offered to a veteran is suitable for him at the
price or rental charged.
(6) By causing an investigation and survey to be made for
the purpose of determining the probable requirements for
dwelling units at the time of such investigation and survey
and in the succeeding years of veterans and other persons
who are inhabitants of such city or town, the number of
unoccupied dwelling units in such city or town that are avail-
able for occupancy or that may be made available for occu-
pancy, and the number of additional dwelling units, if any,
that will be required to meet such requirements, for both
temporary and permanent occupation, and, if a deficiency in
available dwelling units is found to exist, of recommending
means for overcoming such deficiency.
(c) By purchasing, leasing or acquiring by gift or by taking
by eminent domain one or more tracts of land which are
entirely or almost entirely unoccupied by buildings, prepar-
ing such tracts for occupancy as herein provided, and per-
mitting veterans to occupy such tracts with dwelling units
of a temporary nature, such as portable or pre-fabricated
houses, cabins, huts or trailers; or by itself providing such
dwelling units of a temporary nature by causing them to be
constructed or by acquiring them through purchase, lease,
gift or grant wherever they may be found, causing them to
be transported to the tracts so acquired and to be set up
and made ready for occupancy. Dwelling units of a tem-
porary nature when provided by a city or town may consist
of separate apartments in a building designed to contain two
or more dwelling units. Reasonable rates shall be charged
for occupancy of land, buildings or other structures under
this paragraph.
(d) By using any real estate, which it has acquired by
f orecloeure pf tax titles or in any other way and which is not
16 Acts, 1946. — Chap. 13.
devoted to and required by any other public use, for any of
the purposes set forth in paragraph (c) of this section.
Section 4. The board of appeals from the decisions of
the inspector of buildings of a city or town, if it finds that
buildings or other structures constructed or assembled under
the provisions of paragraph (c) of section three may be occu-
pied and used as therein provided without endangering the
safety of the occupants or injuriously affecting the best in-
terests of the city or town although the provisions of all of
the statutes, ordinances, by-laws and regulations relating to
town planning, the subdivision and use of land, the construc-
tion, repair, maintenance and use of buildings may not be
complied with, may authorize, under such conditions as it
may impose, a variance from the requirements of such stat-
utes, ordinances, by-laws and regulations. The proceedings
before a board of appeals under this section shall be sum-
mary, and shall not be governed by section thirty of chapter
forty of the General Laws and the determination of the board
shall be final. In any city or town in which there is no such
board of appeals, the mayor of the city or the selectmen of
the town may appoint a board of appeals, which shall have all
of the powers of a board of appeals under this section. The
board of health of such city or town, if it finds that the at-
tendant sanitary conditions are such that the buildings and
structures may be occupied as provided in paragraph (c) of
section three without endangering the health of the public or
of the occupants of such buildings although all of the stat-
utes, ordinances, by-laws and regulations relating to the pro-
tection of the public health may not be complied with, may
authorize, under such conditions as it may impose, a variance
from the requirements of such statutes, ordinances, by-laws
and regulations. Within six months after the termination
of the present emergency all of such buildings and structures
which do not comply with the provisions of all of such stat-
utes, ordinances, by-laws and regulations shall be destroyed
or removed, or remodelled in such a way as to comply with
all of such statutes, ordinances, by-laws and regulations, and
any subdivision or use of land which does not so comply
shall be unlawful and shall be discontinued.
Section 5. In carrying out the provisions of this act, any
city or town in which a housing authority has been organized
under sections twenty-six L and twenty-six M of chapter one
hundred and twenty-one of the General Laws shall use such
housing authority as its agent, and all moneys appropriated
under this act or received by such city or town for the pur-
poses of this act from any source shall be paid to the treasurer
of the authority, and shall be disbursed by him subject to
section twenty-six EE of said chapter. In any other city or
town the city council or the town at its annual town meeting
or at a special meeting called for the purpose, shall designate
the board or officer to carry out the provisions of this act, or
may establish a new board or office for the purpose.
Section 6. The authority, board or officer authorized by
Acts, 1946. — Chap. 14. 17
a city or town to carry out the provisions of this act shall
determine in the first instance reasonable rates for rents and
prices to be charged to veterans under paragraph (c) of sec-
tion three, which shall be no higher than the limits imposed
by any applicable federal regulation. In such determination
the cost of the property or services sold, rented or furnished,
the price of similar property or services in the open market,
the value thereof to the veteran purchasing or renting the
same and the ability of veterans generally to pay therefor
may all be considered. Unusual factors due to the present
emergency itself may be disregarded. Any person aggrieved
by the determination of reasonable rates under this section,
or ten taxable inhabitants of such city or town, may appeal
to the state board of housing from such determination within
ten days after it has been made; and the decision of such
board upon questions of fact shall be final.
Section 7. A city or town may incur debt to meet ex-
penses necessary for carrying out this act. Each authorized
issue shall constitute a separate loan, and such loans shall be
paid in not more than five years from their dates. Indebted-
ness incurred under this act shall be outside the statutory
limit and, except as provided herein, be subject to the ap-
plicable provisions of chapter forty-four of the General Laws,
excluding the limitation contained in the first paragraph of
section seven thereof; provided, that the total amount of
indebtedness under this act outstanding at any one time in
any city or town shall not exceed one half of one per cent on
the average of the assessors' valuation of its taxable property
for the three preceding years, reduced and otherwise deter-
mined as provided in section ten of said chapter forty-four.
Section 8. A city or town, for the purpose of carrying
out any of the provisions of this act may receive grants or
gifts from the United States government, or any federal
agency, the commonwealth or any person or corporation, of
money, land, buildings, structures, materials, furniture,
equipment or other property, or services, and may co-operate
with the United States government, or any federal agency,
the commonwealth, or any person or corporation, in carrying
out the provisions of this act, as a joint enterprise or in any
other manner. Approved January SO, 1946.
An Act increasing the amount op money that the Qfiaj), 14
TOWN OF HINGHAM MAY BORROW FOR SCHOOL PURPOSES. ^*
Be it enacted, etc., as follows:
Section 1. Section one of chapter ten of the acts of nine-
teen hundred and forty-five is hereby amended by striking
out, in the seventh Hne, the word "two" and inserting in
place thereof the word: — five, — so as to read 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
18 Acts, 1946. — Chap. 15.
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, five 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 hmit, 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 31, 1946.
Chap. 15 ^ Act relative to the use of certain park and com-
mon LAND in the town OF COHASSET FOR THE EREC-
TION OF A POLICE STATION AND AUTHORIZING THE TAKING
BY EMINENT DOMAIN OF OUTSTANDING RIGHTS AND IN-
TERESTS IN SUCH LAND.
Be it enacted, etc., as follows:
Section 1. The town of Cohasset is hereby authorized
to discontinue the use for park or common purposes of the
land within the town hereinafter described, and is further
authorized to utilize said land for the purpose of erecting
thereon and maintaining a police station. Said land is situ-
ated on Depot avenue, otherwise called Depot court, and
Ripley road, being bounded and described as follows : —
northerly by land now or late of Howe, about one hundred
and eighty-seven and three tenths feet; easterly by land
now or late of Fernald, about one hundred and fifty-six and
five tenths feet; southerly by said Depot avenue, about
twenty-seven and one tenth feet; southwesterly by said De-
pot avenue, about fifty-nine and eight tenths feet; and west-
erly by said Ripley road, about one hundred and fifty-five
and five tenths feet.
Section 2. Said town, through its board of selectmen, is
further authorized and empowered to take for said purpose
by eminent domain under chapter seventy-nine of the Gen-
eral Laws any and all outstanding right, title or interest in
said land of whatever nature or description including a con-
dition subsequent, right of reverter, restriction or condition
attached thereto or reserved by deed to said town by The
Cohasset Improvement Association, Inc., dated February
twenty-thu-d, in the year nineteen hundred and thirty-five,
recorded with Norfolk Deeds, book two thousand and sev-
enty-six, page six hundred and fifteen.
Section 3. This act shall take full effect upon its accept-
ance by vote of the inhabitants of said town of Cohasset at
any annual town meeting, or any special town meeting called
for the purpose, held within three years subsequent to its
passage, but not otherwise. Approved January 31, 1946.
Acts, 1946. — Chaps. 16, 17. 19
An Act relative to certain lines, poles and other Q^^jy jg
EQUIPMENT OF THE NEW ENGLAND TELEPHONE AND TELE- ^*
GRAPH COMPANY, THE AMERICAN TELEPHONE AND
TELEGRAPH COMPANY, THE WESTERN UNION TELEGRAPH
COMPANY AND THE CITY OF HOLYOKE GAS AND ELECTRIC
DEPARTMENT IN THE CITY OF HOLYOKE.
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 Telegiaph Company and the Western Union
Telegraph Company in the city of Holyoke, and all lines for
the transmission of electricity for light, heat or power here-
tofore acquired or constructed by the city of Holyoke gas
and electric department in said city, upon, along, under or
over the public ways and places of said city, and the poles,
piers, abutments, conduits, manholes, vaults and other fix-
tures necessary to sustain, protect or operate the wires and
cables of said lines and actually in place on the effective date
of this act, are hereby made lawful notwithstanding the lack
of any valid locations therefor or any informality in the pro-
ceedings relative to their location and erection; provided,
that the validation aforesaid shall not be effective as to the
lines, structures or fixtures aforesaid of such department or
any of said companies in said city unless such department or
company 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 fines,
structures and fixtures in said city, such map or maps so filed
to be recorded and kept with the records of original loca-
tions for poles and wires in said city.
Section 2. This act shall take full effect upon its passage.
Approved February 1, 1946.
An Act relative to fees to be charged by the sealer Qhnjj 17
OF weights and measures of the CITY OF CHELSEA FOR ^'
SEALING CERTAIN WEIGHING AND MEASURING DEVICES.
Be it enacted, etc., as follows:
Notwithstanding the provisions of section fifty-six of chap-
ter ninety-eight of the General Laws, as amended, the sealer
of weights and measures of the city of Chelsea shall receive
the following fees for sealing the following weighing and
measuring devices: —
(a Each scale with a weighing capacity of more than ten
thousand pounds, three dollars.
(6) Each scale with a weighing capacity of five thousand
to ten thousand pounds, two dollars.
(c) Each scale with a weighing capacity of one hundred
to five thousand pounds, one dollar.
(d) Each liquid capacity measure, except vehicle tanks,
of the capacity of more than one gallon, ten cents.
20 Acts, 1946. — Chaps. 18, 19.
(e) Each liquid-measuring meter, except water meters, the
diameter of the inlet pipe of which is one inch or less, fifty
cents ; and for each such meter the diameter of the inlet pipe
of which is more than one inch, three dollars.
(/) All other scales, balances and measures on pumps,
twenty-five cents each.
(g) Each taximeter, or measuring device used upon vehi-
cles for determining the cost of transportation, one dollar.
(h) Each machine or other device used for determining
the measurement of leather, one dollar.
(i) Milk bottles or jars, fifty cents per gross.
(j) Vehicle tanks used in the sale of commodities by liquid
measure and having a capacity of one hundred gallons or
less, one dollar. For each additional one hundred gallons or
fraction thereof, an additional fee of fifty cents shall be re-
ceived. When a vehicle tank is subdivided into two or more
compartments, each compartment shall, for the purpose of
this section, be considered as a separate tank.
(fc) All weights and other measures, five cents each.
He shall also receive reasonable compensation for neces-
sary repairs, alterations and adjustments made by him.
Approved February 1, 1946.
Chap. 18 An Act incorporating the Massachusetts legislators
ASSOCIATION.
Be it enacted, etc., as follows:
Raymond F. O'Connell, Ernest J. Sparrell, Bernard P.
Casey, Martin Hays, George P. Hassett, Daniel J. Honan,
Thomas J. Hannon, Frederick B. Willis, Ralphe Lerche, Les-
lie B. Cutler and Chester T. Skibinski, their associates and
successors, are hereby made a corporation by the name of
the Massachusetts Legislators Association, with all of the
powers and privileges, and subject to all the duties, restric-
tions and liabilities, set forth in all general laws now or here-
after in force relating to corporations incorporated under
chapter one hundred and eighty of the General Laws, so far
as the same are applicable.
The objects of said corporation shall be the promotion of
the happiness and well being of the members, the holding of
social meetings and other gatherings, and the contributing
of its best efforts in promoting and protecting the interests of
the commonwealth and of the nation.
Approved February 5, 1946.
Chap. 19 An Act making an appropriation for regilding the
DOME OF THE STATE HOUSE AND FOR NECESSARY PAINT-
ING OR OTHER WORK INCIDENTAL THERETO.
Be it enacted, etc., as follows:
Section 1. The sum herein set forth, for the purposes
herein specified, is hereby appropriated from the general
fund or revenue of the commonwealth, subject to the pro-
Acts, 1946. — Chap. 20. 21
visions of law regulating the disbursement of public funds
and the approval thereof.
Item
0416-35 For regilding the dome of the state house and
for necessary painting and other work inci-
dental thereto $20,000 00
Section 2. This act shall take effect upon its passage.
Approved February 5, 1946.
An Act fixing the day of the week on which special (Jhnj) OQ
ELECTIONS TO FILL VACANCIES IN THE OFFICE OF EEP- ^'
RESENTATIVE TO THE GENERAL COURT SHALL BE HELD
AND RELATIVE TO THE DATE OF HOLDING PRIMARIES BE-
FORE SPECIAL ELECTIONS AND THE FILING OF NOMINATION
PAPERS.
Be it enacted, etc., as follows:
Section 1. The second paragraph of section one hun- g. l. (Ter.
dred and forty-one of chapter fifty-four of the General Laws, ^tc^'amendid^'
as most recently amended by section seven of chapter thirty-
eight of the acts of nineteen hundred and forty-five, is hereby
further amended by inserting before the last sentence the
following sentence : — All such elections shall be held on a
Tuesday, — so that said paragraph will read as follows : —
Upon a vacancy in the office of representative in the gen- vacancy,
eral court or upon failure to elect, the speaker of the house °®f »?L'"1^'"®'
. .,,,. Ill <• sentative in
of representatives shall issue precepts to the aldermen of the general
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 re-
cess between the first and second annual sessions of the same
general court, the speaker may fix the time for an election
to fill such vacanc5^ All such elections shall be held on a
Tuesday. Upon receipt of such precepts, the aldermen or
the selectmen shall call an election, which shall be held in
accordance with the precepts.
Section 2. The first paragraph of section ten of chapter g. l. (Xer.
fifty-three of the General Laws, as appearing in section four ^t^'^Vm^nded
of chapter three hundred and seventy-three of the acts of ^ "" ^^^^
nineteen hundred and thirty-eight, is hereby amended by
striking out, in the seventh line, the word "fourth" and in-
serting in place thereof the word : — sixth, — so as to read
as follows : — All certificates of nomination and nomination xime for
papers of candidates for offices to be filled at a state election ^"^s ^^tifi-
shall be filed on or before the fourteenth Tuesday preceding non^n^atipn
the day of the election; but if there is a special election to tSpaS^'s*"
fill any state office, all certificates of nomination and nomi- ^°^ election.
nation papers shall be filed on or before the sixth Tuesday
preceding the day of such election.
Section 3. Section twenty-eight of said chapter fif ty- g. l. (Ter.
three, as most recently amended by section seven of chapter ^;^'aS;ndS'.
22
Acts, 1946. — Chap. 21.
Days and
places of
holding
primaries.
G. L. (Ter.
Ed.). 53, § 48.
etc.. amended.
Last day for
filing nomina-
tion papers.
four hundred and seventy-three of the acts of nineteen hun-
dred and thirty-eight, is hereby further amended by striking
out, in the sixth line, the word "second" and inserting in
place thereof the word : — third, — so that the first para-
graph will read as follows : — State primaries shall be held
on the seventh Tuesday preceding biennial state elections,
city primaries on the third Tuesday preceding regular city
elections, town primaries on the second Tuesday preceding
town elections, primaries before all special elections on the
third Tuesday preceding such elections, and presidential
primaries on the last Tuesday in April in any year in which
presidential electors are to be elected; except that city pri-
maries or preliminary elections held under general or special
law before regular city elections in cities which accept sec-
tion one hundred and three A of chapter fifty-four shall be
held on the fourth Tuesday preceding such city elections,
and except that town primaries before regular town elec-
tions in towns which have accepted said section shall be
held on the fourth Tuesday preceding such town elections.
Section 4. Section forty-eight of said chapter fifty-three,
as most recently amended by chapter fifty-three of the acts
of nineteen hundred and forty-three, is hereby further
amended by striking out, in the sixth line, the word "sec-
ond" and inserting in place thereof the word: — third, —
so that the first paragraph will read as follows : — All nomi-
nation papers of candidates to be voted for at state prima-
ries shall be filed with the state secretary on or before the
seventh Tuesday preceding the day of the primaries; except
in the case of primaries before special elections, when nomi-
nation papers shall be filed on or before the third Tuesday
preceding the day of the primaries.
Approved February 6, 1946.
Chap. 21 An Act relative to the hunting or trapping of bea-
vers DURING A PORTION OF THE YEAR NINETEEN HUN-
DRED AND FORTY-SIX.
Whereas, This act relates to the hunting, trapping and
possession of beavers during the month of February in the
current year and its deferred operation would defeat its pur-
pose, therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the public con-
venience.
Be it enacted, etc., as follows:
Chapter two hundred and fifty-one of the acts of nine-
teen hundred and forty-five is hereby amended by adding
at the end the following sentence : — In the hunting or trap-
ping of beavers under authority of this act, no person shall
set, place, locate, tend or maintain a trap within ten feet of
a beaver house, nor shall a beaver house or dam be torn
open, disturbed or destroyed.
Approved February 8, 1946.
Acts, 1946. — Chaps. 22, 23, 24. 23
An Act requiring that certain statements of politi- Chap, 22
CAL expenses by CANDIDATES AND POLITICAL COMMIT-
TEES BE MADE UNDER THE PENALTIES OF PERJURY.
Be it enacted, etc., as follows:
Section nineteen of chapter fifty-five of the General Laws, a l. o'er ^
as appearing in the Tercentenary Edition, is hereby amended amende<i. '
by striking out the last sentence and inserting in place ^'"k^^^^
thereof the following sentence : — All such statements shall oath."^° *
be signed under the penalties of perjury.
Approved February 8, 1946.
An Act relative to the time of filing of annual re- Chap. 23
PORTS with the department OF PUBLIC WELFARE BY
CERTAIN TRUSTEES.
Be it enacted, etc., as follows:
Section fifteen of chapter sixty-eight of the General Laws, Sj^- (J*r
as appearing in the Tercentenary Edition, is hereby amended amended. ^^'
by striking out, in the eighth line, the word "November" and
inserting in place thereof the word: — June, — so as to read
as follows: — Section 15. Every trustee, incorporated or Annual
unincorporated, except a charitable corporation subject to S?um
section twelve or twelve A of chapter one hundred and ^^*®*'**'
eighty or expressly exempted in said section twelve A from
the provisions thereof, who holds in trust within the com-
monwealth property given, devised or bequeathed for be-
nevolent, charitable, humane or philanthropic purposes and
administers, or is under a duty to administer, the same in
whole or in part for said purposes within the commonwealth
shall annually, on or before June first, make to the depart-
ment of public welfare a written report for the last preceding
financial year of such trust, showing the property so held
and administered, the receipts and expenditures in connec-
tion therewith, the whole number and the average number
of beneficiaries thereof, and such other information as the
department requires; provided, that if any such trustee is
required by law to file an account with the probate court,
said department shall accept a copy thereof in lieu of the
report hereinbefore required. Failure for two successive years Proceedings
to file such a report shall constitute a breach of trust within ^ mo.*"^""
the meaning of section eight of chapter twelve and shall be
reported by said department to the attorney general, who
shall take such action as may be appropriate to compel
comphance with this section.
Approved February 8, 1946.
An Act relative to the time of filing of annual re- Chap, 24
PORTS with the department OF PUBLIC WELFARE BY
certain domestic CHARITABLE CORPORATIONS.
Be it enacted, etc., as follows:
Section twelve of chapter one hundred and eighty of the o. l. (Ter.
General Laws, as appearing in the Tercentenary Edition, is i^eni^.' * ^^'
24
Acts, 1946. — Chap. 25.
Reports to
department
of public
welfare.
hereby amended by striking out, in the third line, the word
"November" and inserting in place thereof the word: —
June, — so as to read as follows: — Section 12. A charitable
corporation incorporated in this commonwealth whose per-
sonal property is exempt from taxation shall annually, on
or before June first, make to the department of public wel-
fare a written report for its last financial year, showing its
property, its receipts and expenditures, the whole number
and the average number of its beneficiaries and such other
information as the department requires. If any corporation
subject to this section fails for two successive years to file
said report, the supreme judicial court, upon appHcation by
the department, after notice and hearing, may decree a
dissolution of the corporation. Approved February 8, 1946.
G. L. (Ter.
Ed.), 180,
i 12A etc.,
amended.
Registration
of certain
foreign
charitable
corporations.
Chap. 25 An Act relative to the time of filing of annual
REPORTS WITH THE DEPARTMENT OF PUBLIC WELFARE BY
CERTAIN FOREIGN CHARITABLE CORPORATIONS.
Be it enacted, etc., as follows:
Section twelve A of chapter one hundred and eighty of
the General Laws, as most recently amended by chapter two
hundred and forty-six of the acts of nineteen hundred and
thirty-five, is hereby further amended by striking out, in the
seventeenth line, the word "November" and inserting in
place thereof the word: — June, — so as to read as follows:
— Section 12 A. A charitable corporation established, or-
ganized or chartered under laws other than those of the
commonwealth, except the Grand Army of the Republic, the
United Spanish War Veterans, The American Legion, the
Disabled American Veterans of the World War and the Vet-
erans of Foreign Wars of the United States, shall, before
engaging in charitable work or raising funds in the common-
wealth, file with the department of public welfare a copy of
its charter, articles or certificate of incorporation, certified
under the seal of the state or country where such corpora-
tion is incorporated, by the secretary of state thereof or by
the oflScer having charge of the original record therein, and a
true copy of its constitution and by-laws, and shall also file
with the department such other information as may from
time to time be required by it. Such a corporation shall
annually, on or before June first, make to said department a
written report such as is required by section twelve to be
made by charitable corporations subject thereto. Every
officer of such a corporation which fails to comply with the
requirements of this section who authorizes or transacts, and
every agent of such a corporation who transacts, business in
behalf of such corporation in this commonwealth, shall be
punished by a fine of not more than five hundred dollars.
Upon an information in equity in the name of the attorney
general at the relation of the commissioner of public welfare,
the supreme judicial or superior court may restrain the vio-
Annual
report.
Penalty.
Acts, 1946. — Chaps. 26, 27, 28. 25
lation of this section by such a corporation or the transac-
tion of any business in its behalf by any oflficer or agent
while such violation continues.
Approved February 8, 1946.
An Act authorizing the town of Plymouth to make Qfigr)^ 26
APPROPRIATIONS FOR THE OBSERVANCE OF THANKSGIVING ^'
DAY.
Be it enacted, etc., as follows:
The town of Plymouth may appropriate annually a sum
not exceeding one thousand dollars for expenditure, under
the direction of the selectmen, in connection with the ob-
servance of Thanksgiving day.
Approved February 8, 194-6.
An Act authorizing the town of auburn to borrow Qfiav, 27
MONEY FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. For the purpose of acquiring land for and
constructing a new school building and constructing an addi-
tion to an existing school building which will increase the
floor space of said building, including the original equip-
ment and furnishing of such new building or such addition,
said town may borrow from time to time, within a period of
five years from the passage of this act, such sums as may be
necessary, not exceeding, in the aggregate, four hundred
thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words, Auburn School
Loan Act of 1946. Each authorized issue shall constitute a
separate loan, and such loans shall be paid ia not more than
twenty years from their dates, but no issue shall be author-
ized under this act unless a sum equal to twenty-five cents
on each one thousand dollars of the assessed valuation of the
town for the year preceding the vote has been appropria-
ted from available funds or voted to be raised by taxation
for said purpose in the year in which the loan is author-
ized. Indebtedness incurred under this act shall be in ex-
cess of the statutory limit, but shall, except as provided
herein, be subject to chapter forty-four of the General Laws.
Section 2. This act shall take effect upon its passage.
Approved February 11, 1946.
An Act reviving master products co. for the purpose (J^p^ 28
OF determining THE OWNERSHIP OF A PATENT.
Whereas, The deferred operation of this act would tend
to defeat its purpose, which in part is to immediately revive
the corporation therein referred to for the purpose of de-
termining without delay the ownership of a patent, there-
fore it is hereby declared to be an emergency law, necessary
for the immediate preservation of the public convenience.
26 Acts, 1946. — Chaps. 29, 30.
Be it enacted, etc., as follows:
Master Products Co., a corporation dissolved on July-
twentieth, nineteen hundred and forty, by the supreme judi-
cial court under the provisions of section fifty A of chapter
one hundred and fifty-five of the General Laws, is hereby
revived and continued for a period of two years from the
effective date of this act for the purpose of enabling it to
participate in proceedings to determine the ownership of a
patent; provided, that the foregoing provisions of this act
shall not take effect until there shall have been filed in the
office of the commissioner of corporations and taxation an
agreement, in form approved by the attorney general, for
the payment in full of all excise taxes owed to the common-
wealth by said corporation prior to its dissolution and sub-
sequently abated as uncollectible, with interest thereon to
the date of payment. Approved February 11, 1946.
Chap. 29 An Act placing the office of superintendent of pub-
lic PROPERTY OF THE CITY OF SALEM UNDER THE CIVIL
service laws.
Be it enacted, etc., as follows:
Section 1. The office of superintendent of public prop-
erty of the city of Salem shall, upon the effective date of this
act, become subject to the civil service laws and rules and
regulations made thereunder relating to building inspectors
in cities. 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 qualifying examination to
which he shall be subjected by the division of civil service.
Section 2. This act shall take effect upon its passage.
Approved February 11, 1946.
Chap. 30 ^^ ^^'^ AUTHORIZING THE TOWN OF IPSWICH TO CONSTRUCT
AND OPERATE A SYSTEM OF SEWERS.
Be it enacted, etc., as follows:
Section 1. The town of Ipswich 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
sewers or drains over and under land or tidewater in said
town as may be necessary to conduct the sewage to filter
beds and treatment works, and, for the purpose of provid-
ing better surface or other drainage, may make, lay and
maintain such drains as it deems best. And for the purposes
aforesaid, the town may, within its limits, make and main-
tain sub-drains,
Acts, 1946. — Chap. 30. 27
Section 2. The town may make and maintain in any-
way therein where main drains or common sewers are con-
structed, such connecting drains, underdrains and sewers
within the Hmits 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 com-
mencement of construction hereunder of a system of sewer-
age and sewage disposal, a board of three sewer commission-
ers who shall be citizens of the town, to hold office, if elected
at an annual meeting, one until the expiration of one year,
one until the expiration of two years, and one until the expira-
tion of three years, from such annual town meeting, and un-
til their successors are qualified, or, if elected at a special
meeting, one until the expiration of one year, one until the
expiration of two years, and one until the expiration of three
years, from the next succeeding annual town meeting, and
until their successors are qualified; and thereafter at each
annual town meeting, the town shall elect one member of
the board to serve for three years and until his successor is
qualified. Any selectman shall be eligible to election to
said board. In either case, whether the town votes that its
selectmen shall act as a board of sewer commissioners or
elects a board of sewer commissioners, the town may at any
time thereafter, by any or all the methods permitted by
general law, provide for the election of a board of three
sewer commissioners, or that the selectmen may act as a
board of sewer commissioners, as the case may be.
Section 4. Said board of sewer commissioners, acting
for and on behalf of said town, may take by eminent do-
main under chapter seventy-nine of the General Laws, or
acquire by purchase or otherwise, any lands, water rights,
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 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 rail-
road location, for the purpose of laying such drains and sew-
ers and of maintaining and repairing the same, and may do
any other thing proper or necessar>^ 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 rail-
road corporation, except at such time and in such manner
as they may agree upon with such corporation, or, in case
of failure to agree, as may be approved by the department
of public utilities.
Section 5. Until the board of sewer commissioners has
first been elected as provided in this act or the selectmen
28 Acts, 1946. — Chap. 30.
have 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" here-
inafter occurs, it shall mean and include the board of sewer
commissioners, the selectmen acting as such or the commit-
tee of the town provided for in this section, as the case
may be.
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, by vote, determine what
proportion of the cost of said system or systems of sewerage
and sewage disposal the town shall pay; provided, that it
shall pay not less than one fourth nor more than two thirds
of the whole cost. In providing for the payment of the re-
maining portion of the cost of said sj- stem 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 assess-
ment, apportionment, di^dsion, reassessment, abatement and
collection of sewer assessments, to liens therefor and to in-
terest 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 pay-
ments 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 necessary ex-
penses and liabilities incurred under this act, the town may
borrow such sums as may be necessary, not exceeding, in the
aggregate, six hundred thousand dollars, and may issue
bonds or notes therefor, which shall bear on their face the
words, Ipswich Sewerage Loan, Act of 1946. Each author-
ized issue shall constitute a separate loan. Indebtedness
incurred under this act shall be in excess of the statutory
limit, but shall, except as provided herein, be subject to
chapter forty-four of the General Laws, inclusive of the
limitation contained in the first paragraph of section seven
thereof.
Section 9. The receipts from sewer assessments and
from payments made in lieu thereof shall be applied to the
payment of charges and expenses incident to the mainte-
Acts, 1946. — Chap. 30. 29
nance and operation of said system of sewerage and sewage
disposal or to the extension thereof, to the payment of in-
terest 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 an-
nually 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 there-
from as it may deem proper, subject however to such rules
and regulations as may be fixed by vote of the town.
Section 11. 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 obhgation incurred by said board for any purpose in ex-
cess 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 pubhshed at least once a
week for three successive weeks in some newspaper pub-
lished in the town of Ipswich, if there be any, and if not,
then in some newspaper published in the county of Essex,
and shall not take effect until such publications have been
made.
Section 1.3. 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 sys-
tem 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 show-
ing 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 be submitted for acceptance
to the voters of the town of Ipswich at a town meeting,
within five years after its passage, in the form of the follow-
ing question which shall be placed upon the oflacial ballot
to be used at said meeting: — "Shall an act passed by the
general court in the year nineteen hundred and forty-six,
entitled, 'An Act authorizing the town of Ipswich to con-
struct and operate a system of sewers', be accepted?" If a
majority of the votes in answer to said question is in the
affirmative, then this act shall thereupon take full effect,
but not otherwise. Approved February 12, 1946.
30
Acts, 1946. — Chaps. 31, 32.
Chap. 31 An Act authorizing the town of phillipston to bor-
row MONEY FOR THE CONSTRUCTION OF A SCHOOL AND
PUBLIC WORKS BUILDING.
Be it enacted, etc., as follows:
Section 1. For the purposes of constructing a school and
public works building and of originally equipping and fur-
nishing the same, the town of Phillipston 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, ten thousand dollars, and may issue bonds
or notes therefor, which shall bear on their face the words,
Phillipston School and Public Works Building Loan, Act of
1946. 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, ex-
cept as herein provided, be subject to chapter forty-four of
the General Laws, exclusive of the hmitation contained in
the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved February 12, 1946.
G. L. (Ter.
Ed.). 168.
( 15, amended.
Meetings
of trustees.
Chap, 32 ^'^ Act requiring boards of investment of savings
BANKS TO INCLUDE IN THEIR QUARTERLY STATEMENTS DE-
TAILS OF ALL DEFAULTED BONDS.
Be it enacted, etc., as follows:
Section fifteen of chapter one hundred and sixty-eight of
the General Laws, as appearing in the Tercentenary Edi-
tion, is hereby amended by inserting after the word "trus-
tees" in the twentieth line the following: — , all bonds on
which principal or interest is overdue and unpaid, — so as
to read as follows: — Section 15. A regular meeting of the
board of trustees of such corporation shall be held at least
once in three months, for the purpose of receiving the report
of its treasurer and for the transaction of other business.
Special meetings may be called by the president, and the
clerk shall give notice of special meetings upon written re-
quest of three trustees. A quorum shall consist of not less
than seven trustees, but less than a quorum may adjourn
from time to time or until the next regular meeting. At
each regular meeting the trustees shall cause to be prepared
a statement showing the condition of the corporation as it
appears upon its books, in the form of a trial balance of its
accounts. Such statement shall be entered in a book which
shall form a part of the records of the bank and a copy of
such statement shall be posted in a conspicuous place in its
banking room, where it may easily be read by the public,
and shall there remain until the next regular meeting of said
board. At each regular meeting of the trustees the board
of investment shall submit a detailed written statement of
all loans made by the corporation, all changes in the prop-
Acts, 1946. — Chap. 33. 31
erty or security pledged or the rate of interest charged there-
for, all purchases or sales of bonds, stocks and notes, all
payments by the bank of taxes or insurance on mortgaged
property since the last regular meeting of the trustees, all
bonds on which principal or interest is overdue and unpaid,
and all loans on which interest is more than three months
overdue. This statement, or such part thereof as the meet-
ing may determine, shall be read to the trustees present and
then shall be filed and preserved with the records of the
bank. A record shall be made at each meeting of the trans-
actions of the trustees and of the names of those present.
The trustees shall cause to be pubHshed semi-annually in a
newspaper published in the county where the corporation is
located the names of the president, treasurer, members of
the board of investment and other officers of the corpora-
tion charged with the duty of investing its funds. The first
publication thereof shall be within thirty days after the elec-
tion of said officers, and the second publication at the expira-
tion of six months therefrom.
Ap-proved February 12, 1946.
An Act relative to restraint of patients in institu- Chap. 33
TIONS UNDER THE SUPERVISION OF THE DEPARTMENT OF
MENTAL HEALTH.
Be it enacted, etc., as follows:
Section 1. Chapter one hundred and twenty-three of gj^-^JlJ-
the General Laws is hereby amended by striking out sec- § 35.' amended.
tion thirty-five, as appearing in the Tercentenary Edition,
and inserting in place thereof the following section : — Sec- Reatraint
tion 35. No restraint in the form of muffs or mitts with regulated.
lock buckles or waist straps, wristlets, anklets or camisoles,
head straps, protection sheets or simple sheets when used
for restraint, or other device interfering with free move-
ment, shall be imposed upon any patient in any institution
except as hereinafter provided, unless applied in the pres-
ence of the superintendent, the physician or an assistant
physician of the institution, or on his written order, which
order shall be preserved in the files or records of the insti-
tution for a period of two years. Such devices shall be ap-
plied only in cases of extreme violence, infliction of self in-
jury, active homicidal or suicidal condition or physical ex-
haustion, except that in cases of emergency, restraint may
be imposed without the presence of the superintendent, the
physician or an assistant physician, and without a written
order; but every such emergency case, after the imposition
of such restraint, shall immediately be reported to the su-
perintendent, the physician or an assistant physician of the
institution, who shall immediately investigate the case, and
approve or disapprove the restraint imposed.
Section 2. Said chapter one hundred and twenty-three g. l. (Ter.
is hereby further amended by striking out section thirty- fgV^' amended.
seven, as so appearing, and inserting in place thereof the
32
Acts, 1946. — Chap. 34.
Restraint,
record of, etc.
following section : — Section 37. The superintendent or
head physician of each institution shall cause records of all
restraint to be kept in a manner prescribed by the depart-
ment. Such records shall be open for inspection at all times
by the trustees or other persons having control of the insti-
tution, the department, the governor and council, and mem-
bers of the general court, and shall contain a complete record
relative to the restraint, including the cause for restraint,
the form used, the name of the patient, the time when the
patient was placed under restraint and the time when he
was released. "Restraint", in sections thirty-five to thirty-
eight, inclusive, shall also include therapeutic and chemical
restraint and confinement in a strong room, or seclusion in
solitary confinement, except as hereinafter provided and ex-
cept when the patients are placed in their rooms for the
night, but shall not include the prolonged bath, the hot or
cold pack, or medication when it is used as a remedial meas-
ure and not as a form of restraint. "Restraint", in said
sections, shall not include chemical or mechanical restraint
in cases of contagious disease, during the administration of
anesthesia, or following an operation or accident which has
caused serious bodily injury, or during the administration
of shock therapy, insulin treatment or any other recognized
specific therapy. Approved February 12, 1946.
G. L. (Ter.
Ed.), 168,
§ 13, etc.,
amended.
Chap. 34 An Act relative to service upon the board of in-
vestment OF A SAVINGS BANK BY CERTAIN OFFICERS
THEREOF.
Be it enacted, etc., as folloivs:
Section thirteen of chapter one hundred and sixty-eight
of the General Laws, as amended by section six of chapter
three hundred and thirty-four of the acts of nineteen hun-
dred and thirty-three, is hereby further amended by strik-
ing out the fourth sentence and inserting in place thereof
the following sentence : — Only one of the persons holding
the offices or performing the duties of president, executive
vice president, treasurer or clerk shall at the same time be
a member of the board of investment, — so as to read as
follows: — Section 13. The oflicers of such corporation shall
be a president, one or more vice presidents, a board of in-
vestment of not less than three, a board of not less than
eleven trustees from which the officers hereinbefore men-
tioned shall be chosen, a treasurer, a clerk, who shall be
clerk of the corporation and board of trustees, and such
other officers as it may find necessary for the management
of its affairs. All officers shall be sworn, and shall hold their
several offices until others are elected, and qualified in their
stead ; and a record of every such qualification shall be filed
and preserved by the clerk of the corporation. The trus-
tees shall be elected from the incorporators, and no person
shall hold an office in two such corporations at the same
time. Only one of the persons holding the offices or per-
Acts, 1946. — Chaps. 35, 36. 33
forming the duties of president, executive vice president,
treasurer or clerk shall at the same time be a member of
the board of investment. The treasurer, vice treasurer or
assistant treasurer shall not be clerk either of the corpora-
tion or of the trustees. Not more than three fifths of the
members of any such corporation shall be officers thereof at
any one time. Approved February 12, 1946.
An Act authorizing the placing of the office of chief (JJidjy 35
ENGINEER OF THE FIRE DEPARTMENT OF THE CITY OF "'
PITTSFIELD UNDER THE CIVIL SERVICE LAWS.
Be it enacted, etc., as follows:
Section 1. The office of chief engineer of the fire depart-
ment of the city of Pittsfield 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 cities, and the tenure of office of any incum-
bent of said office shall be unhmited, subject, however, to
said laws, but the present incumbent of said office may con-
tinue to serve therein only until the expiration of his term of
office unless prior thereto he passes a qualifying examination
to which he shall be subjected by the division of civil service.
Section 2. This act shall take full effect upon its accept-
ance by vote of the city council of said city, subject to the
provisions of its charter, but not otherwise.
Approved February 13, 1946.
An Act relative to the fee for renewal registrations Qjidj) 36
OF pharmacists and assistant pharmacists for the ^'
current year.
Whereas, The provisions of this act relate to the collec-
tion of renewal registration fees by the board of registration
in pharmacy during the current year and the deferred opera-
tion of the act would result in lack of uniformity in the col-
lection thereof, therefore it is hereby declared to be an emer-
gency law, necessar}^ for the immediate preservation of the
public convenience.
Be it enacted, etc., as follows:
Section 1. Anj'^ holder of a certificate of registration as
a pharmacist or assistant pharmacist issued under section
twenty-four of chapter one hundred and twelve of the Gen-
eral Laws who files with the board of registration in pharmacy
a properly executed request for a renewal of his registration,
for the year ending December thirty-first, nineteen hundred
and forty-six, shall, if otherwise entitled thereto, receive a
renewal certificate upon payment of a fee of two dollars, not-
withstanding the provisions of section twenty-four A of said
chapter one hundred and twelve.
Section 2. This act shall take effect as of January first,
nineteen hundred and forty-six.
Approved February I4, 1946.
34 Acts, 1946. — Chaps. 37, 38, 39.
Chap. 37 An Act changing the date for the holding of bien-
nial MUNICIPAL elections IN THE CITY OF HOLYOKE.
Be it enacted, etc., as follows:
Chapter three hundred and twenty-seven of the acts of
nineteen hundred and thirty-six is hereby amended by strik-
ing out section one and inserting in place thereof the fol-
lowing section : — Section 1 . Beginning with the year nine-
teen hundred and forty-seven, municipal elections in the
city of Holyoke for the choice of mayor, aldermen, members
of the school committee, city clerk and city treasurer shall
be held biennially on the first Tuesday after the first Mon-
day in November in each odd-numbered year.
Approved February 14, 1946.
Chap. 38 An Act requiring that the party enrollment of can-
didates FOR NOMINATION AT CITY PRIMARIES IN THE CITY
OF SPRINGFIELD BE PLACED ON NOMINATION PAPERS AND
OFFICIAL BALLOTS TO BE USED FOR SUCH PRIMARIES.
Be it enacted, etc., as follows:
Nomination papers for use for nominating any candidate
to be voted for at any city primary in the city of Springfield
shall contain a form for a statement which shall be filled
out and signed by the registrars of voters of said city, stat-
ing that the candidate is enrolled as a member of a political
party, giving the name of the party, or stating that he is
not enrolled in any political party, as the case may be; and
there shall not be printed on the official ballot at any city
primary in said city the name of any person as a candidate
for nomination unless such blank statements on his nomina-
tion papers are filled out and signed by said registrars.
Against the name of any such candidate on the official bal-
lot to be used at any such primary shall be printed the name
of the political party of which he is an enrolled member, or,
if he is not enrolled in any political party, the word "un-
enrolled". Approved February I4, 1946.
Chap. 39 An Act authorizing the city of lynn to sell certain
UNUSED PARK LAND.
Be it enacted, etc., as follows:
Section 1. The city of Lynn, by its proper authorities,
may improve, lay out, subdivide with streets and sell any
part or parts or the whole of the unused portion of certain
park land in said city, hereinafter described; provided, that
the board of park commissioners of said city shall, by vote
at a regular meeting of said board, assent to any such sale.
Said unused land is bounded and described as follows:
northerly by other land of city of Lynn, one hundred fifty-two
and fifty-five hundredths feet ; easterly by land of Hume W.
and Shirley S. Thistle, two hundred seventy-one and forty
Acts, 1946. — Chaps. 40, 41. 35
hundredths feet; southerly by land of said Hume W. and
Shirley S. Thistle one hundred fifty and twelve hundredths
feet; and westerly by other land of city of Lynn, two hun-
dred seventy and eighty-eight hundredths feet. Containing
forty-one thousand, twenty-eight square feet, and shown on
plan dated November 29, 1945, signed by Frank E. Gowdy,
City Engineer, numbered 61-A-J.
Section 2. This act shall take full effect upon its accept-
ance, during the current year, by vote of the city council of
said city, subject to the provisions of its charter, but not
otherwise. Approved February I4, 1946.
An Act authorizing the city of lynn to sell part of (^/^q^? 40
SLUICE POND, so-called, IN THE CITY OF LYNN. ^'
Be it enacted, etc., as follows:
Section 1. The city of Lynn, by its city council, may
sell the parcel of land hereinafter described, provided that
the board of park commissioners of said city shall, by vote
at a regular meeting of said board, assent to such sale. Said
parcel is bounded northerly by land of Joseph E. and Mar-
garet P. Burgess; westerly by land of Edith M. Harnois;
and southeasterly by Sluice pond; and contains approxi-
mately eighteen hundred ninety square feet. Being a por-
tion of Parcel one, Land Court Case No. 12562, and shown
on plan entitled, "Subdivision of Parcel ' 1 ' shown upon Plan
12562-A filed with Certificate of Title #11694 Registry Dis-
trict of Essex County, Land in Lynn, Mass.," dated Decem-
ber six, nineteen hundred and forty-five, signed by Frank E.
Gowdy, city engineer.
Section 2. This act shall take full effect upon its accept-
ance, during the current year, by vote of the city council of
said city, subject to the provisions of its charter, but not
otherwise. Approved February 14, 1946.
An Act authorizing the change of rating of certain QJkij) 41
persons holding the rating of meter reader in the
public works department of the city of boston.
Be it enacted, etc., as follows:
The director of civil service, upon application of the com-
missioner of public works of the city of Boston, shall change
the rating of any person classified as a meter reader in the
public works department of said city, who has been employed
in such capacity for five or more years, to that of clerk-meter
reader; provided, that such person is the senior meter reader
in point of service who is willing to accept such change in
rating. Approved February 14, 1946.
36 Acts, 1946. — Chaps. 42, 43.
Chap. 42 An Act to authorize the town of hadley to borrow
MONEY IN EXCESS OF THE STATUTORY LIMIT FOR THE
PURPOSE OF BUILDING, EQUIPPING AND FURNISHING A
SCHOOL BUILDING.
Be it enacted, etc., as follows:
Section 1. For the purpose of constructing and origi-
nally equipping and furnishing a school building, the town
of Hadley may borrow from time to time, within a period
of three years from the passage of this act, such sums of
money as may be necessary, not exceeding, in the aggregate,
one hundred thousand dollars, and may issue bonds or notes
therefor, which shall bear on their face the words, Hadley
School Loan, Act of 1946. Each authorized issue shall con-
stitute a separate loan, and such loans shall be paid in not
more than twenty years from their dates, but no loan shall
be authorized under this act unless a sum equal to twenty-
five cents on each one thousand dollars of the assessed valu-
ation of the town in the preceding year is voted for the same
purpose to be raised b.y taxation in the year when author-
ized, or appropriated from available funds. Indebtedness
incurred under this act shall be outside the statutory limit
and shall, except as herein provided, be subject to chapter
forty-four of the General Laws, exclusive of the limitation
contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved February 18, 1946.
Chap. 43 An Act relative to stay of judgment and execution
IN ACTIONS OF SUMMARY PROCESS.
Whereas, The deferred operation of this act would tend
in part to defeat its purpose, which is to provide the courts
with further discretionary authority to prevent serious hard-
ships in eviction cases arising out of the present severe hous-
ing shortage, therefore it is hereby declared to be an emer-
gency law, necessary for the immediate preservation of the
welfare of the public.
Be it enacted, etc., as follows:
Section L So long as this act continues in force, a stay
of judgment and execution may be granted under sections
nine to thirteen, inclusive, of chapter two hundred and thirty-
nine of the General Laws, for a period not exceeding three
months instead of one month as now provided by section
nine of said chapter.
Section 2. This act shall become inoperative on October
thirty-first, nineteen hundred and forty-seven.
Approved February 18, 1946.
Acts, 1946. — Chaps. 44, 45, 46. 37
An Act to provide adequate facilities for photostatic Qhap. 44
EQUIPMENT AT THE REGISTRY OF DEEDS AT CAMBRIDGE.
Be it enacted, etc., as follows. ■
Section 1. The county commissioners of the county of
Middlesex may make such alterations to, and do such re-
modeling of, the registry of deeds and probate building at
Cambridge in said county as may be necessary to provide
adequate facilities for the installation and operation of pho-
tostatic equipment at said registiy of deeds, and do all things
incidental thereto.
Section 2. For the purposes aforesaid the county com-
missioners may expend not more than five thousand dollars,
and bills for such alterations may be paid by the treasurer,
when approved by the county commissioners, out of any
available funds. The said sum shall be included in the ap-
propriations for the current year for said county.
Section 3. This act shall take effect upon its passage.
Approved February 20, 1946.
An Act giving effect to action taken at city elec- Chap. 45
TIONS in nineteen HUNDRED AND FORTY-FIVE AS TO
PLACING CERTAIN CITY OFFICES UNDER CIVIL SERVICE.
Whereas, The law governing the placing of city offices
under civil service by action at city elections was changed
without exempting pending petitions as to certain of such
offices, and the resulting condition should be remedied as
soon as may be, 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 follow s:
All votes taken at any city election in the j'-ear nineteen
hundred and forty-five in answer to questions submitted un-
der section forty-nine A of chapter thirty-one of the General
Laws, pursuant to petitions filed prior to the efi"ective date
of chapter seven hundred and one of the acts of nineteen
hundred and forty-five, shall have the same effect as if said
chapter seven hundred and one had not been enacted.
Approved February SO, 1940.
An Act relative to the terms of office of the mem- (jfiQ^ 4g
BERS OF THE FIRE COMMISSION IN THE CITY OF WESTFIELD. ^'
Be it enacted, etc., as follows:
Section 1. Paragraph numbered 4- of section eight of
chapter two hundred and ninety-four of the acts of nine-
teen hundred and twenty, as amended by section one of
chapter five hundred and six of the acts of nineteen hundred
and twenty-two, is hereby further amended by striking out,
in the fifth line, the word "two" and inserting in place
thereof the word: — three, — so as to read as follows: —
4- The fire department, under the charge of a commission
38 Acts, 1946. — Chap. 47.
of three members, who shall be appointed by the mayor,
subject to confirmation by the city council, and who shall
choose their chairman and shall serve for the term of three
years and until their successors are appointed and qualified.
Section 2. In the appointment of members of the fire
commission in the city of Westfield upon the expiration of
the terms of office existing on the date this act is accepted,
one shall be appointed to serve for three years, one shall be
appointed to serve for two years and one shall be appointed
to serve for one year. Thereafter, upon the expiration of
the term of office of any member, his successor shall be ap-
pointed to serve for three years.
Section 3. This act shall be submitted to the registered
voters of the city of Westfield at the biennial state election
to be held in the current year in the form of the following
question which shall be placed upon the official ballot to be
used in said city at said election: — "Shall an act passed by
the General Court in the year nineteen hundred and forty-
six, entitled 'An Act relative to the terms of office of the
members of the fire commission in the city of Westfield', 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 20, 1946.
Chap. 47 An Act relative to loans by credit unions secured by
ASSIGNMENTS OF LIFE INSURANCE POLICIES.
Be it enacted, etc., as follows. -
Edo, i7r§ 24. Paragraph 5 of subsection (A) of section twenty-four of
etci.'ameAded. ' chapter One hundred and seventy-one of the General Laws,
as appearing in chapter one hundred and two of the acts of
nineteen hundred and forty-one, is hereby amended by add-
ing at the end the following: — , or policies issued by life in-
surance companies authorized to transact business in this
commonwealth, valued at not more than their cash surrender
Loans valuc, — SO as to read as follows: — 5. To an amount not
regulated. exceeding three thousand dollars, if evidenced by the note
of the borrower and with sufficient collateral pledged to secure
the same made up of bonds or notes of the tlnited States, or
of any state or subdivision thereof, which are legal invest-
ments for savings banks in this commonwealth valued at
not more than eighty per cent of their market value, or by
the assignment of the pass book of a depositor in a savings
bank doing business in any of the New England states or in
the savings department of a trust company or national bank-
ing association doing business in this commonwealth, or the
pass book of a depositor in a co-operative bank incorporated
under chapter one hundred and seventy, or policies issued
by life insurance companies authorized to transact business
in this commonwealth, valued at not more than their cash
surrender value. Approved Febriiary 20, 1946.
Acts, 1946. — Chaps. 48, 49. 39
An Act relative to the hours of labor of certain (Jfiap^ 4g
MINORS IN telegraph OFFICES.
Be it enacted, etc., as follows:
Section sixty-six of chapter one hundred and forty-nine g. l. (Ter.
of the General Laws, as most recently amended by chapter ftclj'ameiied!^'
two hundred and fifty-five of the acts of nineteen hundred
and thirty-nine, is hereby further amended by inserting after
the word "exchanges" in the ninth line the words: — or
telegraph ofiices, — so as to read as follows: — Section 66. ^^"^^^^^
No person shall employ a boy under eighteen or a girl under certain
twenty-one or permit such a boy or girl to work in, about or ""'"o"-
in connection with any establishment or occupation named
in section sixty before six o'clock in the morning or after ten
o'clock in the evening, or in the manufacture of textile goods
or leather after six o'clock in the evening; provided, that
girls under twenty-one may be employed as operators in
regular service telephone exchanges or telegraph offices until,
but not after, eleven o'clock in the evening and provided,
further, that nothing herein shall authorize the emplojonent
of girls under twenty-one in any capacity in manufacturing
or mechanical establishments in violation of section fifty-
nine. Approved February 20, 1946.
An Act relative to amendments of credit union by- Chap. 49
LAWS AND TO APPROVAL THEREOF BY THE COMMISSIONER
OF BANKS.
Be it enacted, etc., as follows:
Section 1. Chapter one hundred and seventy-one of the g. l. (Ter.
General Laws is hereby amended by striking out section amendJd.' * ^'
eight, as appearing in the Tercentenary Edition, and insert-
ing in place thereof the following section: — Section 8. Sub- 4°b°f™^g°**
ject to section nine, the by-laws may be amended at any an-
nual meeting, or at a special meeting called for the purpose,
by a three fourths vote of all the members present and en-
titled to vote; provided, that notice of the meeting and of
the proposed amendment is given each member in the man-
ner prescribed in said by-laws.
Section 2. Said chapter one hundred and seventy-one o. l. (Ter.
is hereby further amended by striking out section nine, as f^mendJd.' * ^'
so appearing, and inserting in place thereof the following
section: — Section 9. No credit union shall receive any de- ^pp^y^}^^y_
posits or payments on account of shares, or make any loans,
until its by-laws have been approved in writing by the com-
missioner, nor shall any amendments to its by-laws become
operative until they have been so approved. In approving
any such amendments, the commissioner may correct or
cause to be corrected any errors or inconsistencies therein.
Approved February 20, 19^6.
commissioner.
40
Acts, 1946. — Chaps. 50, 51.
Chap. 50 An Act authorizing the county commissioners of Mid-
dlesex COUNTY, ACTING AS THE WALDEN POND STATE
RESERVATION COMMISSION, TO APPOINT POLICE OFFICERS
FOR THE WALDEN POND STATE RESERVATION.
Be it enacted, etc., as follows:
Section three of chapter four hundred and ninety-nine of
the acts of nineteen hundred and twenty-two is hereby
amended by adding at the end the following sentence : —
Said commission may appoint one or more police officers
who on said reservation shall have all the powers and duties
of police officers of cities and towns, — so as to read as fol-
lows: — Section 3. Said commission shall be vested with
full power and authority to care for, protect and maintain
the Walden pond state reservation in behalf of the common-
wealth. Said commission may appoint one or more pohce
officers who on said reservation shall have all the powers
and duties of police officers of cities and towns.
Approved February 20, 1946.
G. L. (Ter.
Ed.), 40, §9,
etc., amended.
Quarters for
posts of
certain war
veterans.
ChaV. 51 ^ ^^'^ INCREASING THE AMOUNT OF MONEY WHICH CITIES
AND TOWNS MAY APPROPRIATE FOR THE PURPOSE OF PRO-
VIDING SUITABLE QUARTERS FOR POSTS OF THE AMERICAN
LEGION AND OTHER ORGANIZATIONS.
Be it enacted, etc., as follows:
Section nine of chapter forty of the General Laws is hereby
amended by strildng out the first paragraph, as amended,
and inserting in place thereof the following paragraph : — A
city or town may for the purpose of providing suitable head-
quarters for a post or posts of The American Legion and of
the Veterans of Foreign Wars of the United States and for a
chapter or chapters of the Disabled American Veterans of
the World War and for a post or posts of the Jewish War
Veterans of the United States and for a post or posts of La
Legion Franco- Americaine des Etats-Unis dAmerique, lease
for a period not exceeding five years buildings or parts of
buildings which shall be under the direction and control of
such post or posts, or chapter or chapters, subject to regula-
tions made in cities by the mayor with the approval of the
council and in towns by vote of the town, and for said pur-
poses a town with a valuation of less than five million dol-
lars may annually appropriate not more than two thousand
dollars; a town with a valuation of five mOlion dollars but
not more than twenty million dollars may annually appro-
priate not more than three thousand dollars; a town with a
valuation of more than twenty million dollars but not more
than seventy-five million dollars may annually appropriate
not more than four thousand dollars; a town with a valua-
tion of more than seventy-five million dollars but not more
than one hundred fifty million dollars may annually appro-
priate not more than five thousand dollars; and a town with
a valuation of more than one hundred fifty million dollars
Acts, 1946. — Chaps. 52, 53. 41
may annuall}^ appropriate five thousand dollars for each one
hundred fifty milHon dollars of valuation, or fraction thereof.
The city council of a city may, by a two thirds vote, appro-
priate money for armories for the use of the state militia,
for the celebration of holidays, for the purpose of providing or
defraying the expenses of suitable quarters for posts of the
Grand Army of the Republic, including the heating and
lighting of such quarters, and for other like public purposes
to an amount not exceeding in any one year one fiftieth of one
per cent of its valuation for such year.
Approved February 20, WJ^G.
An Act relative to certain promotions from the labor (JJkuj 59
SERVICE TO the OFFICIAL SERVICE OF A DEPARTMENT, ^ *
BOARD OR COMMISSION UNDER THE CIVIL SERVICE LAW.
Be it enacted, etc., as follows:
Section fifteen B of chapter thirty-one of the General g. l. (Ter.
Laws, inserted therein by chapter five hundred and twenty fti'l'ameUe^'
of the acts of nineteen hundred and forty-three, is hereby
amended by adding at the end the words : — who have been
employed therein for at least one year, — so as to read as
follows: — Section 15B. An appointing official, with the ap- Promotion of
proval of the director, may promote to the lowest grade in fa'bCr°Mr^oe.
the official service of a department, board or commission
employees in the labor service of the same department, board
or commission who pass a competitive promotional exami-
nation open to all the employees in said labor service of
said department, board or commission who have been em-
ployed therein for at least one year.
Approved February 20, 1946.
An Act clarifying the definition of the word "de- QJiq^j) 53
PARTMENT" as USED IN THE CIVIL SERVICE LAW. ^'
Be it enacted, etc., as follows. •
Section fifteen C of chapter thirty-one of the General EdV'a^^sisc
Laws, inserted therein by section five of chapter seven hun- etc.', 'amended. '
dred and four of the acts of nineteen hundred and forty-five,
is hereby amended by inserting before the word "division"
in. the tenth line the word: — department, — so as to read
as follows : — Section 15C. On or before March first in each Jhe word
year, every appointing officer shall submit to the director in defined."'^"
such form as he may require, under the penalties of perjury,
a list of officers and employees in his department who are
civil service employees, setting forth the title of the class
and grade of the office or position of each such officer and
employee and his seniority determined as provided in sec-
tion fifteen D.
The word "department", as used in this section, shall
mean a department, division, institutional unit or other unit
of a department in case such a unit is established by law,
ordinance or by-law or under authority thereof, and, when
42 Acts, 1946. — Chaps. 54, 55.
so used with respect to employees in the labor service of the
department of public works, shall mean the district estab-
lished under section eighteen A in which such employees
serve. Approved February 20, 1946.
Chap. 54 An Act authorizing the town of milford to borrow
MONEY FOR THE PURPOSE OF MAKING NECESSARY ALTER-
ATIONS TO AND REPAIRS OF ITS TOWN HALL BUILDING.
Be it enacted, etc., as follows:
Section 1. For the purpose of making necessary alter-
ations to and repairs of its town hall building, the town of
Milford may borrow from time to time, within a period of
three years from the passage of this act, such sums as may
be necessary, not exceeding, in the aggregate, fifty-eight
thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words, Milford Town Hall
Loan, Act of 1946. Each authorized issue shall constitute
a separate loan, and such loans shall be paid in not more than
ten years from their dates. Indebtedness incurred under
this act shall be within the statutory limit, but shall, except
as provided herein, be subject to chapter forty-four of the
General Laws, inclusive of the limitation contained in the
first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved February 20, 1946,
Chap. 55 An Act limiting the time during which certain leg-
islation PROVIDING FOR TEMPORARY RE-EMPLOYMENT OF
FORMER OFFICERS AND EMPLOYEES OF THE COMMON-
WEALTH AND ITS POLITICAL SUBDIVISIONS DURING WORLD
WAR II SHALL REMAIN IN FORCE, AND PENALIZING VIOLA-
TIONS OF THE PROVISIONS OF SUCH LEGISLATION.
Emergency Whcrcas, The deferred operation of this act would tend
praam e. ^^ defeat its purposc, which is in part to make possible the
more prompt termination of the provisions of the act to
which this is an amendment, therefore it is hereby declared
to be an emergency law, necessary for the immediate pres-
ervation of the public convenience.
Be it enacted, etc., as follows:
Chapter sixteen of the acts of nineteen hundred and forty-
two is hereby amended by striking out section three and in-
serting in place thereof the two following sections: — Sec-
tion 3. Whoever violates, and whoever neglects or refuses
to comply with, any provision of this act shall be punished
by a fine of not less than one hundred nor more than one
thousand dollars.
Section 4- This act shall remain in effect only until the
first day of June, nineteen hundred and forty-six, and em-
ployments hereunder shall not extend beyond said date.
Approved February 25, 1946.
Acts, 1946. — Chaps. 56, 57, 58. 43
An Act providing for the construction and equipment (Jfidy 5A
OF NEW BARNS AND A SILO AND APPURTENANCES THERETO ^'
AT THE MIDDLESEX COUNTY HOUSE OF CORRECTION IN
BILLERICA IN SAID COUNTY.
Be it enacted, etc., as follows:
Section 1. The county commissioners of Middlesex
county are hereby authorized to raise and expend a sum
not exceeding thirty-two thousand five hundred dollars for
the construction and equipment of two barns and a silo and
appurtenances thereto at the Middlesex county house of cor-
rection in Billerica in said county.
Section 2. This act shall take effect upon its passage.
Approved February 25, 1946,
An Act authorizing the town of west tisbury to use fhnjj 57
FOR educational PURPOSES CERTAIN PROPERTY TRANS- ^'
FERRED TO IT BY THE TRUSTEES OF DUKES COUNTY
ACADEMY.
Be it enacted, etc., as follows:
Section 1. Section one of chapter one hundred and fifty-
four of the acts of nineteen hundred and thirty-nine is hereby
amended by adding at the end the words : — , and said town
is hereby authorized to use for educational purposes the ex-
isting school building transferred to it under authority hereof,
— so as to read as follows : — Section 1 . The Trustees of
Dukes County Academy, incorporated by chapter seventy-
nine of the acts of eighteen hundred and thirty-three, also
known as the Dukes County Academy Association, is hereby
authorized to transfer all real estate and moneys held by it
to the town of West Tisbury, the property transferred as
aforesaid to be used for the purpose of constructing a school
building in said town, and said town is hereby authorized to
use for educational purposes the existing school building
transferred to it under authority hereof.
Section 2. This act shall take effect upon its passage.
Approved February 25, 1946.
An Act authorizing the new Bedford five cents sav- phn^fj 50
INGS BANK TO MAKE FURTHER INVESTMENTS IN BUILD- ^'
INGS FOR THE CONVENIENT TRANSACTION OF ITS BUSINESS.
Be it enacted, etc., as follows:
Section 1. The New Bedford Five Cents Savings Bank,
incorporated by chapter one hundred and eighty-nine of the
acts of eighteen hundred and fifty-five, may, subject to the
approval of the commissioner of banks, invest in the altera-
tion and renovation of any building owned by it in the city
of New Bedford and used in whole or in part for the con-
venient transaction of its business a sum or sums not ex-
ceeding, in the aggregate, three hundred and fifty thousand
44
Acts, 1946. — Chaps. 59, 60.
dollars, in addition to any sums heretofore authorized to be
invested in land or buildings for said use.
Section 2. This act shall take effect upon its passage.
Approved February 25, 1946.
G. L, (Ter.
Ed.). 31, §47A.
etc., amended.
Chap. 59 An Act clarifying the laws relative to the compu-
tation OF SENIORITY OF OCCUPANTS OF POSITIONS PLACED
UNDER CIVIL SERVICE.
Be it enacted, etc., as follows. •
The second paragraph of section forty-seven A of chapter
thirty-one of the General Laws, as most recently amended
by section three of chapter seven hundred and one of the
acts of nineteen hundred and forty-five, is hereby further
amended by adding at the end the following sentence: —
After seniority is determined as provided herein, it shall con-
tinue subject however to the provisions of section fifteen D,
— so as to read as follows : —
The director shall notify each person on said list of his
rating and seniority date and shall state the type and kind
of work of each employee, the seniority date as furnished
by the appointing authority and such other information as
the director may deem pertinent. The appointing authority
shall cause a copy of such list to be posted in a public place
in said city or town for a period of thirty days. Within
thirty days after said notification and said posting of such
fist, any person whose rights are alleged to have been affected
may appeal to the director for a hearing. The director or
his authorized representative shall forthwith hold a hearing
and shall hear all parties concerned. After said hearing the
director may make such changes as he may deem necessary in
the rating and seniority date. After seniority is determined
as provided herein, it shall continue subject however to the
provisions of section fifteen D.
Approved February 25, 1946.
Determiuation
of rating and
seniority date.
Chap. 60 An Act providing for placing on the civil service re-
employment LIST NAMES OF PERSONS WHO HAVE RE-
SIGNED ON ACCOUNT OF ILLNESS.
G. L. (Ter.
Ed.). 31, § 461,
etc., amended.
Certain
persona to
remain on
lists for
certain period.
Be it enacted, etc., as follows:
Section forty-six I of chapter thirty-one of the General
Laws, inserted therein by section eight of chapter seven
hundred and three of the acts of nineteen hundred and forty-
five, is hereby amended by inserting after the word "dis-
charge" in the third line the words: — , except resignation
on account of illness, — so as to read as follows: — Sec-
tion 461. Whenever a person is separated from the official
or labor service for any reason other than resignation or
discharge, except resignation on account of illness, his name
shall be placed by the director on the re-employment list,
and shall remain on such list for a period of five years or
Acts, 1946. — Chaps. 61, 62. 45
until he is appointed to a position after certification from
such Hst or reinstated to a civil service position, but the fore-
going shall not apply to persons originally employed on
requisition for temporary service or to provisional appointees.
Thereafter, on requisition to fill any position which, in the
judgment of the director, can be filled from such re-employ-
ment list, the director, before certifying from the regular
list, shall certify from such re-employment Hst, in accord-
ance with the rules relative to certification, the names of
persons then standing thereon in the order of the dates of
their original appointment. Approved February 25, 1946.
An Act relative to the placing under civil service (Jfidj)^ Ql
OF CERTAIN MUNICIPAL OFFICES THE INCUMBENTS OF ^'
WHICH SERVED IN THE MILITARY OR NAVAL FORCES OF
THE UNITED STATES DURING THE PRESENT NATIONAL
EMERGENCY.
Be it enacted, etc., as follows:
The first paragraph of section thirteen of chapter seven
hundred and eight of the acts of nineteen hundred and forty-
one, as appearing in chapter three hundred and thirty-eight
of the acts of nineteen hundred and forty-three, is hereby
amended by inserting after the word "years" in the second
line the words : — , or ten years, as the case may be, — and
by striking out, in the fifth line, the words "one year" and
inserting in place thereof the words : — two years, — so as
to read as follows : — In computing the period of five years,
or ten years, as the case may be, of continuous service re-
quired under section forty-nine A of chapter thirty-one of
the General Laws of an incumbent of a municipal office who
has entered said military or naval service and returns to
said office within two years after the termination of said
service, the period between his entry into said service and
his return to said office shall be counted.
Approved February 25, 1946.
An Act relative to the seniority and compensation (JJiq^j) Q2
rights of public officers and employees who served ^'
in the military or naval forces of the united states
during the present national emergency.
Be it enacted, etc., as follows:
Section twenty-four of chapter seven hundred and eight
of the acts of nineteen hundred and forty-one is hereby
amended by striking out, in the third line, the words "one
year" and inserting in place thereof the words: — two years,
— so as to read as follows: — Section 24- Any person who
returns or is restored to service in an office or position in the
service of the commonwealth or any political subdivision
thereof within two years after having served in the military
or naval forces of the United States shall be entitled to all
seniority rights to which he would have been entitled if his
46 Acts, 1946. — Chaps. 63, 64.
service had not been interrupted by such mihtary or naval
service, and any such person whose salary is fixed under a
classified compensation plan shall be eligible to a salary rate
which includes accioied step-rate increments to which he
would have been eligible except for absence on such military
or naval service. Approved February 25, 1946.
Chap. 63 ^ -^CT RELATIVE TO CERTAIN LIMITATIONS ON THE INVEST-
MENTS OF TRUST COMPANIES IN THEIR COMMERCIAL DE-
PARTMENTS.
Be it enacted, etc., as follows:
Chapter three hundred and seven of the acts of nineteen
hundred and forty-three is hereby amended by striking out,
in the fifth and sixth lines, the word "forty-five" and in-
serting in place thereof the word : — forty-eight, — so as to
read as follows : — The limitations upon the liability of one
borrower to a corporation subject to chapter one hundred
and seventy-two of the General Laws prescribed by section
forty or section forty A of said chapter shall not apply to
any loan or loans made prior to July first, nineteen hundred
and forty-eight, to the extent that they are secured or cov-
ered by guaranties, or by commitments or agreements to
take over or to purchase the same, made by the United
States, the war department, the navy department, or the
maritime commission thereof, or by any federal reserve
bank or the Reconstruction Finance Corporation ; provided,
that such guaranties, agreements or commitments are sub-
ject to no condition beyond the control of the corporation
making the loan, and must be performed by payment of
cash or its equivalent within sixty days after demand; and
provided, further, that for the performance of such guaran-
ties, commitments or agreements the faith of the United
States or of such federal reserve bank or of said Reconstruc-
tion Finance Corporation is pledged.
Approved February 25, 1946.
Chap. 64 An Act requiring directors of co-operative banks to
BE residents of THE COMMONWEALTH.
Be it enacted, etc., as follows:
Ed^' iTo's 7 Section seven of chapter one hundred and seventy of the
etc!, 'amended! General Laws, as most recently amended by section one of
chapter one hundred and sixty-two of the acts of nineteen
hundred and thirty-eight, is hereby further amended by in-
serting after the word "directors" in the second and third
lines the words: — , all of whom shall be residents of the
commonwealth, — so that the first sentence will read as fol-
^c°er?™^''*' lows: — The business and affairs of every such corporation
election, etc, shall be managed by a board of not less than five directors,
all of whom shall be residents of the commonwealth, to be
elected by the shareholders.
Approved February 25, 1946.
Acts, 1946. — Chaps. 65, 66. 47
An Act providing for additional accommodations for (7/^^19 55
the registry of deeds in cambridge. ^'
Be it enacted, etc., as follows:
Section 1. The county commissioners of Middlesex
county are hereby authorized to raise and expend a sum not
exceeding thirty-eight thousand dollars for the purpose of
providing adequate accommodations for the registry of deeds
at the registry of deeds and probate building at Cambridge
in said county, and for such purposes said county commis-
sioners may make additions to the registry of deeds wing of
said building and may alter or remodel said registry of deeds
wing and do all things incidental thereto.
Section 2. This act shall take full effect upon its ac-
ceptance during the current year by the county commission-
ers of the county of Middlesex.
Approved February 25, 1946.
An Act relative to the powers op the commissioner Chap. 66
OF BANKS in THE EXAMINATION OF TRUST COMPANIES
AND THEIR AFFILIATES.
Be it enacted, etc., as follows:
Section twenty-seven of chapter one hundred and seventy- g. l. (Ter.
two of the General Laws, as appearing in the Tercentenary fiendJd ' ^ ^^*
Edition, is hereby amended by adding at the end the three
following sentences : — In making an examination of any
such corporation, whenever in the opinion of the commis-
sioner it is necessary, he shall have access to the vaults,
books and papers of each of its affiliates and may make such
examination of the affairs of its affiliates as may be neces-
sary to disclose fully the relations between such corporation
and such affiliates and the effect of such relations upon the
affairs of such corporation. The expense of the examina-
tion of the affairs of any affiliate of such a corporation, de-
termined as provided in section two of chapter one hundred
and sixty-seven, shall be paid by the affiliate examined. For
the purpose of this section, the term "affiliate" shall include
holding company affiliates as well as other affiliates, — so
as to read as follows: — Section 21 . The commissioner shall Examination
have access to the vaults, books and papers of such cor- aion7™°"''
poration, and shall inspect, examine and inquire into its
affairs and take proceedings in regard to it in the same man-
ner and to the same extent as if it were a savings bank ; and
may make, or cause to be made by an expert at the ex-
pense of the corporation, such further examination of a cor-
poration exercising the powers conferred by section fifty-two
as he may consider necessary, and shall, when ordered by
any court of competent jurisdiction, make an examination
or cause it to be made. In making an examination of any
such corporation, whenever in the opinion of the commis-
sioner it is necessary, he shall have access to the vaults,
books and papers of each of its affihates and may make such
48
Acts, 1946. — Chaps. 67, 68.
examination of the affairs of its affiliates as may be neces-
sary to disclose fully the relations between such corporation
and such affiliates and the effect of such relations upon the
affairs of such corporation. The expense of the examination
of the affairs of any affiliate of such a corporation, deter-
mined as provided in section two of chapter one hundred
and sixty-seven, shall be paid by the affiliate examined.
For the purpose of this section, the term "affiliate" shall in-
clude holding company affiliates as well as other affiliates.
Approved February 25, 1946.
Chap.
G. L. (Ter.
Ed.), 66, § 17A
etc., amended.
Records to
public for
certain
purposes.
67 An Act relative to the disclosure of information
pertaining to the records of applicants for and
recipients of public assistance.
Be it enacted, etc., as follows:
Chapter sixty-six of the General Laws is hereby amended
by striking out section seventeen A, as most recently amended
by section one of chapter two hundred and forty of the acts
of nineteen hundred and forty-five, and inserting in place
thereof the following section: — Section 17 A. The records
of the department of public welfare and of the several city
and town welfare departments and bureaus of old age assist-
ance 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 in-
spection only by public officials of the commonwealth, which
term shall include members of the general court, and repre-
sentatives of the federal government, for purposes directly
connected with the administration of such public assistance
or with the prosecution of war; and provided, further, that
information relative to the record of an applicant for public
assistance or a recipient thereof may be disclosed to him or
his duly authorized agent, and may be disclosed by the com-
missioner of public welfare or the director of the division of
the blind, as the case may be, to any incorporated Jewish
philanthropy, incorporated Catholic charity or other incor-
porated social agency, including non-governmental children's
agencies or non-governmental incorporated medical institu-
tions, and to an}^ social service index, so called, as in the
discretion of said commissioner or director may be deemed
proper, subject however to such conditions as he may, from
time to time, prescribe and only for such purposes as in his
opinion may be necessary and proper in the administration
of such public assistance. Approved February 25, 19^6.
Chap. 68 An Act pertaining to the investment of deposits of
SAVINGS BANKS AND THE INCOME DERIVED THEREFROM
IN CERTAIN PERSONAL LOANS.
Be it enacted, etc., as follows:
EdV' \M'it 54 Subdivision (a) of clause Ninth of section fifty-four of
cia^e Ni'nth, ' chapter one hundred and sixty-eight of the General Laws,
as most recently amended by section two of chapter one
etc., amended.
Acts, 1946. — Chaps. 69, 70. 49
hundred and ninety-seven of the acts of nineteen hundred
and forty-five, is hereby further amended by adding after the
word "dollars" in the fourteenth line the following: — , ex-
clusive of interest or discount from the date of the note, — so
as to read as follows : —
(a) A note of one or more responsible borrowers in such ^*'^'^^*'"*
form and at such rate of interest or other charge as the borrowers,
board of investment shall by rules or regulations determine,
with 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 sub-
sequent instalment on a date not more than tlu-ee months
from the date of the last prior instalment, and may, in the
discretion of such corporation, be secured or unsecured.
The total obligation of any one person to any such corpora-
tion in this class of investment shall not exceed one thou-
sand dollars, exclusive of interest or discount from the date
of the note; 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 February 25, 1946.
An Act combining the offices of tree warden and QJiaj)^ gg
MOTH superintendent IN THE TOWN OF MANCHESTER.
Be it enacted, etc., as follows:
Section 1. The offices of tree warden and moth super-
intendent in the town of Manchester are hereby combined
and the powers and duties pertaining to said offices shall,
after the acceptance of this act, be exercised and performed
by the tree warden. All laws from time to time in force re-
lating to the tree warden and moth superintendent and not
inconsistent with the provisions of this act shall apply to
the ofiice of tree warden in said town.
Section 2. This act shall take full effect upon its accept-
ance by a majority of the registered voters of the town of
Manchester voting thereon at a regular or special town
meeting called for the purpose, but not otherwise.
Approved February 25, 1946.
An Act providing for additional accommodations ^^^ Qfiaj) 70
THE REGISTRY OF PROBATE IN CAMBRIDGE. ^'
Be it enacted, etc., as follows:
Section 1. For the purpose of providing adequate ac-
commodations for the registry of probate at the registry of
deeds and probate building at Cambridge in the county of
60 Acts, 1946. — Chap. 71.
Middlesex, the county commissioners of said county may
make additions to the registry of probate wing of said build-
ing, and furnish and equip said additions, and do all things
incidental thereto.
Section 2. The county commissioners are hereby author-
ized to sell bonds issued by the federal government which
were purchased by the county under authority of chapter
five of the acts of nineteen hundred and forty-three and ear-
marked for purposes authorized by said act, to the amount
of one hundred and fifteen thousand dollars, and apply the
proceeds thereof to the purposes of this act.
Section 3. For the purposes of this act, the county treas-
urer of said county, with the approval of the county com-
missioners, may borrow from time to time, on the credit of
the county, such sums as may be necessary, not exceeding,
in the aggregate, one hundred and eighty-five thousand dol-
lars, and may issue bonds or notes of the county therefor,
which shall bear on their face the words, Middlesex County
Registry of Deeds and Probate Building Improvement Loan,
Act of 1946. Each authorized issue shall constitute a sepa-
rate loan, and such loans shall be payable in not more than
ten years from their dates. Such bonds or notes shall be
signed by the treasurer of the county and countersigned by
a majority of the county commissioners. The county may
sell the said securities at public or private sale upon such
terms and conditions as the county commissioners may deem
proper, but not for less than their par value. Indebtedness
incurred under this act shall, except as herein provided, be
subject to chapter thirty-five of the General Laws.
Section 4. This act shall take full effect upon its accept-
ance during the current year by the county commissioners
of the county of Middlesex. Approved February 25, 1946.
Chap. 71 An Act providing that cities and towns may appro-
priate money to furnish medals, scrolls or certifi-
cates TO persons who served in the armed forces
of the united states during world war II or to their
next of kin.
Whereas, The deferred operation of this act would un-
necessarily delay cities and towns in honoring persons who
served in the armed forces of the United States in World
War II, 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:
Cities and towns may appropriate money for the purpose
of purchasing and presenting gifts of medals, scrolls or cer-
tificates of honorable service, to members of the armed
forces of the United States who served in World War II, or,
if deceased, to their next of kin.
Approved February 26, 1946.
Acts, 1946. — Chaps. 72, 73. 51
An Act requiring the city of lawrence to repay to Qfiaj), 72
CERTAIN PERMANENT MEMBERS OF ITS FIRE DEPARTMENT
THE CONTRIBUTIONS MADE BY THEM TO THE CONTRIBU-
TORY RETIREMENT SYSTEM OF SAID CITY, AND ESTAB-
LISHING THE RETIREMENT RIGHTS OF SUCH MEMBERS.
Be it enacted, etc., as follows:
Section 1. The retirement board of the city of Law-
rence is hereby authorized and directed to repay to Timothy
J. Donovan, Joseph E. Blanchette, Morris 0. Miller, Joseph
A. Mulcahy, William A. Fredette, John F. Lyons, Charles
E. McCarthy, Robert Pooles and John K, McCaffrey, all
permanent firemen of the city of Lawrence, all deductions
withheld from their wages as such firemen on account of
the membership of each of the aforesaid firemen in the con-
tributory retirement system, so called, estabhshed by virtue
of sections twenty-six to thirty-one H, inclusive, of chapter
thirty-two of the General Laws, and the names of said fire-
men shall be stricken from the rolls of the retirement board
of the city of Lawrence as members of the contributory re-
tirement system, so called. Each of the aforesaid firemen
shall be entitled to the benefits of pension or retirement al-
lowances provided for firemen under sections eighty to
eighty-three, inclusive, and section eighty-nine, of said
chapter thirty-two of the General Laws.
Section 2. This act shall take effect upon its passage.
Approved February 26, 1946.
An Act changing the name of the north Chelmsford pUfj^^ 70
fire district AND AUTHORIZING SAID DISTRICT TO FUR- ^"'^P' '^
NISH AND SELL WATER TO CERTAIN INHABITANTS OF THE
TOWN OF TYNGSBOROUGH AND FURNISH HYDRANT SERV-
ICE TO SAID TOWN.
Be it enacted, etc., as follows:
Section 1. The name of the North Chelmsford Fire Dis-
trict, as established under chapter one hundred and nine-
teen of the acts of nineteen hundred and six and as en-
larged from time to time, is hereby changed to the North
Chelmsford Water District.
Section 2. Said district may furnish and sell water to
the inhabitants of the town of Tyngsborough residing on land
abutting upon MLssion road and Dunstable road and, upon
request of said town, shall establish and maintain hydrants
and relocate and discontinue the same along Mission road
or Dunstable road in said town. The rates for furnishing and
selling such water and for rental for such hydrants shall be
such rates as may be mutually agreed upon by the select-
men of said town and the board of water commissioners of
said district, or, in case of failure to agree, as may be fixed
by the state department of pubUc utilities. The said dis-
trict may, at its own expense, make such extensions of its
52 Acts, 1946. — Chaps. 74, 75.
water mains and such installations of other facilities and
equipment within the limits of said town as may be neces-
sary for the purposes of said chapter one hundred and nine-
teen and of this act; provided, that such extensions and in-
stallations as are made by said district within the limits of
said town shall be subject in all respects to the approval of
the selectmen of said town.
Section 3. This act shall take effect upon its passage.
Approved February 26, 1946.
Chap. 74 -^N Act making an appropriation for furnishing cer-
tain FACILITIES FOR HOUSING UNITS FOR WAR VETERANS
ENROLLED AT THE MASSACHUSETTS STATE COLLEGE.
Be it enacted, etc., as follows. '
Section 1. The sum herein set forth, for the purposes
herein specified, is hereby appropriated from the general
fimd or revenue of the commonwealth, subject to the pro-
visions of law regulating the disbursement of public funds
and the approval thereof.
Item
1341-87 For providing such water, sewerage, drainage,
street and other facilities as may be necessary
for the proper maintenance at the Massa-
chusetts State College of housing units trans-
ferred thereto by the Federal Housing Ad-
ministrator for the housing of war veterans
enrolled at said college, ancl, after said facili-
ties have been provided, for the purchase of
furnishings for said housing units to the extent
of any balance then remaining . . . $60,000 00
Section 2. This act shall take effect upon its passage.
Approved February 26, 1946.
Chap. 75 An Act authorizing the town of south hadley to
permit the use of the beach playground located
therein for athletic field purposes.
Be it enacted, etc., as follows:
Section 1. The town of South Hadley is hereby author-
ized to permit the use, in whole or in part, of the beach
playground located therein for athletic games and other
entertainments of a public nature, to which an admission
fee may be charged.
Section 2. This act shall take full effect upon its ac-
ceptance by the town of South Hadlej^ at an annual or
special town meeting called for the purpose, but not other-
wise. Approved February 26, 1946.
Acts, 1946. — Chaps. 76, 77, 78. 53
An Act relative to investments by credit unions in (JJiqj)^ yg
REAL ESTATE FOR USE AS THEIR PLACE OF BUSINESS.
Be it enacted, etc., as follows:
Section twenty-one of chapter one hundred and seventy- g. l. (Ter.
one of the General Laws, as most recently amended by chap- Kcil'amindJ!'
ter one hundred and eighteen of the acts of nineteen him-
dred and forty-three, is hereby amended by adding at the
end the following sentence: — Subject to such approval and I'^Yntd^^"^
to the approval of the commissioner, a credit union may in- Hmited'
vest a sum not exceeding its guaranty fund and other sur-
plus accounts in the purchase of a suitable site and the
erection or preparation of a suitable building for the con-
venient transaction of its business.
Approved February 26, 1946.
An Act authorizing the commissioner of conservation QJiqj)^ 77
to lease land in the october mountain state forest
in the town of lee to the berkshire council of the
boy scouts op america.
Be it enacted, etc., as follows:
The commissioner of conservation is hereby authorized
and directed to lease to the Berkshire Council of the Boy
Scouts of America sufficient land in the October Mountain
State Forest in the town of Lee for a scout camp. Said
lease shall contain such terms and conditions as will comply
with all laws in relation to the protection of fish, birds and
quadrupeds and the preservation and development of said
forest. Notwithstanding said lease the control and super-
\'ision of the land so leased shall remain under said com-
missioner, and all provisions of law relating to state forests
not inconsistent with this act shall remain in full force and
effect. Upon failure of said council for the period of two
years to make use of said property for the purposes of said
lease said commissioner may immediately cancel said lease
upon written notification to said council. Upon termination
of said lease any buildings or other structures on the leased
property shall become the property of the commonwealth.
Nothing in this act shall be construed to prevent the use
of said forest by the public to the same extent as if this act
had not been passed. Approved February 26, 1946.
An Act relative to the contents of official ballots (jhnr) 78
FOR the election OF OFFICERS IN TOWNS. ^'
Be it enacted, etc., as follows:
The third paragraph of section forty-one of chapter fifty- g. l. (Ter.
four of the General Laws, as most recently amended by ^tt! amended,
section two of chapter four hundred and thirty-six of the
acts of nineteen hundred and thirtj'-eight, is hereby further
amended by inserting after the word "added" in the tenth
54
Acts, 1946. — Chaps. 79, 80.
Use of words
" Candidate
for Re-elec-
tion", etc.,
authorized.
line, as appearing in chapter one hundred and ninety of the
acts of nineteen hundred and thirty-eight, the words: — the
name of the street on which he resides, with his street num-
ber, if any, and, — so as to read as follows: —
To the name of each candidate for a state or city office,
except city offices in cities where poHtical designations are for-
bidden, shall be added in the same space his party or politi-
cal designation or designations. To the name of a candi-
date for a state or city office who is an elected incumbent
thereof and who is one of two or more candidates therefor
bearing the same or a similar surname, there shall be added
in the same space the words "Candidate for Re-election".
To the name of each candidate for a town office upon an
official ballot shall be added the name of the street on which
he resides, with his street number, if any, and the designa-
tion of the party or principle which he represents, contained
in the certificate of nomination or nomination papers. To
the name of each candidate for a town office upon an official
ballot who is an elected incumbent thereof shall be added
the words "Candidate for Re-election". The town clerk
shall add the words "Caucus Nominee" to the name of any
candidate nominated for a town office by a caucus held
under the provisions of sections one hundred and seven-
teen to one hundred and twenty, inclusive, of chapter fifty-
three. Approved February 26, 1946.
Chap. 79 An Act penalizing the use of bait other than natural
BAIT IN ICE FISHING ELSEWHERE THAN IN THE CONNECT-
ICUT RIVER.
Be it enacted, etc., as follows:
Chapter one hundred and thirty-one of the General Laws,
as inserted by section two of chapter five hundred and ninety-
nine of the acts of nineteen hundred and forty-one, is hereby
amended by inserting after section forty the following sec-
tion: — Section JfiA. Whoever use.s bait of any kind, na-
ture or description, other than natural, in ice fishing, except
in the Connecticut river, shall be punished by a fine of not
less than twenty nor more than fifty dollars.
Approved February 26, 1946.
G. L. (Ter.
Ed.), 131, new
§ 40A. added.
Use of bait in
ice fishing.
Penalty.
Chap. 80 An Act abolishing the board of police for the city of
FALL RIVER, AND ESTABLISHING THE BOARD OF POLICE
OF THE CITY OF FALL RIVER AND THE LICENSING BOARD OF
THE CITY OF FALL RIVER AND DEFINING THEIR POWERS
AND DUTIES.
Be it enacted, etc., as follows:
Section 1. Chapter three hundred and fifty-one of the
acts of eighteen hundred and ninety-four, entitled "An Act
to establish a Board of Police for the City of Fall River",
and all acts in amendment thereof and in addition thereto
are hereby repealed.
Acts, 1946. — Chap. 81. 55
Section 2. Control and operation of the police depart-
ment of the city of Fall River is hereby returned to said
city. Said department shall be administered by a board of
three members, citizens of said city, to be known as the board
of police of the city of Fall River, to be appointed by the
mayor in accordance with the provisions of the charter of
said city including the pertinent provisions of sections forty-
six to fifty-five, inclusive, of chapter forty-three of the
General Laws, notwithstanding any provision to the con-
trary in any general or special law. All rules and regulations
for the government of the police department of said city in
force on the effective date of this act shall continue in force
until otherwise ordered by said board of poUce.
Section 3. All rights, powers, duties and obligations ex-
ercised prior to said effective date by the board referred to
in section one, relative to the Issuance of licenses, are hereby
vested in a board of three members, citizens of said city, to
be known as the Hcensing board of the city of Fall River, to
be appointed by the mayor in accordance with the provisions
of said charter including the pertinent provisions of said
sections forty-six to fifty-five, inclusive, of said chapter
forty-three of the General Laws, notwithstanding anj'- pro-
vision to the contrary in any general or special law. All
rules and regulations governing the issuance of licenses in
force on said effective date shall continue in effect until
otherwise ordered by said licensing board, and all licenses in
force on said effective date shall continue in force until their
terminal dates unless sooner revoked by said board for cause.
Section 4. This act shall take effect on March eleventh
in the current year, but shall not affect any rights accrued,
any penalties or forfeitures incurred, or any suit or action
pending, upon its effective date; and all persons holding
office or employment upon said effective date under said
chapter three hundred and fifty-one of the acts of eighteen
hundred and ninety-four, and acts in addition thereto and in
amendment thereof, shall continue to hold office or employ-
ment and exercise the powers thereof, until their successors,
appointed under authority of this act, are qualified.
Approved February 26, 1946.
An Act authorizing the town of hingham to pay an Qf^dj) gj
annuity to the widow of WILLIAM A. LANE, A FORMER ^'
MEMBER OF THE FIRE DEPARTMENT OF SAID TOWN.
Be it enacted, etc., as follows:
Section 1. For all purposes of section eighty-nine of
chapter thirty-two of the General Laws, as amended, the
late WilUam A. Lane, a member of the fire force of the town
of Hingham on the date of his death, March nineteenth,
nineteen hundred and forty-five, shall be deemed to have
been at the time of his death a call fireman on that force,
engaged in the performance of a duty to which he was called
56 Acts, 1946. — Chap. 82.
avS such and for which he was entitled to compensation from
the town; provided, that payments on account of any an-
nuity payable under authority of this act shall not be made
for any period prior to January first, nineteen hundred and
forty-six.
Section 2. This act shall take full effect upon its ac-
ceptance by the town of Hingham at any town meeting
called for the purpose, but not otherwise.
Approved February 27, 1946.
Chap. 82 An Act authorizing the town of hingham to construct
and operate a system of servers for the north sewer
district of the town.
Be it enacted, etc., as follows:
Section 1. The town of Hingham may lay out, con-
struct, maintain and operate a system or systems of main
drains and common sewers for the north sewer district of
the town as defined in section two of chapter five hundred
and ninety-one of the acts of nineteen hundred and forty-
five, with such connections, pumping stations and other
works as may be required for a system of sewage disposal,
and may construct such sewers or drains over and under
land or tide water in the town as may be necessary to con-
duct the sewage of said district to the south metropolitan
sewerage system, and, for the purpose of providing better
surface or other drainage, may make, lay and maintain such
drains as it deems best. And for the purposes aforesaid, the
town may, within the limits of said district, make and main-
tain sub-drains, and, with the approval of the department of
public health, discharge the water from such sub-drains into
any brook, stream or water course within the town.
Section 2. Said town upon acquiring the necessary ease-
ments or other rights, under section six or otherwise, may
make and maintain main drains or common sewers and sub-
drains in any private way in said district for the purpose of
serving abutting estates or for other purposes of the sewer
system; provided, that as to any private way in which such
construction and maintenance would, except for this act, be
barred by the provisions of section seventy-seven of chapter
forty-one of the General Laws or other general law, the
town shall have voted prior to the beginning of construction
therein that the sewer system shall be extended to such
private way.
Section 3. Said town may make and maintain in any
way in said district where main drains or common sewers are
constructed, 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 4. Said town may, at the meeting at which this
act is accepted, vote that the selectmen shall act as a board
of sewer commissioners. If the town does not so vote, the
Acts, 1946. — Chap. 82. 57
town shall elect by ballot at any town meeting not later than
the second annual meeting after the commencement of the
work of construction authorized hereby a board of three sewer
commissioners, who shall be registered voters of the town,
to hold office, if elected at an annual town meeting, one until
the expiration of one year, one until the expiration of two
years, and one until the expiration of three j^ears, from such
annual town meeting, and until their successors are qualified,
or if elected at a special town meeting, one until the expira-
tion of one year, one until the expiration of two years, and
one until the expiration of three yesirs, from the next succeed-
ing annual town meeting, and until their successors are
qualified; and thereafter, at each annual town meeting, the
town shall elect one member of the board to serve for three
years and until his successor is qualified. In either case,
whether the town votes that its selectmen shall act as a
board of sewer commissioners or elects a board of sewer
commissioners, the town may, at any time thereafter, by
any and all the methods permitted by general law, provide
for the election of a board of three sewer commissioners, or
that the selectmen may act as a board of sewer commission-
ers, as the case may be.
Section 5. Until the board of sewer commissioners has
first been elected, as provided in this act, or the selectmen
have 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 town meeting after the commencement of the work
of construction authorized hereby, the town may carry on
such work by a committee of the town authorized so to act
at any town meeting. The committee shall serve without
pay and shall have all the powers and authorit.y given to
the board of sewer commissioners in this act or by general
law. Whenever the phrase ''board of sewer commissioners"
hereinafter 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.
SectiOxV 6. 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
by purchase or otherwise, any lands, water rights, rights of
way or easements, public or private, in the town, necessary
for accomplishing any purpose mentioned in this act, and
may construct such main drains and sewers, sub-drains and
under-drains under or over any bridge, railroad, railway,
boulevard or other public way, or within the location of any
railroad, and may enter upon and dig up any private land,
public land, including park land, or railroad location,
for the purpose of laying such drains and sewers or installing
such pumping stations or other works 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
58 Acts, 1946. — Chap. 82.
that they shall not enter upon or construct any drain or
sewer, or instal any pumping station or other works, 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 the department of public utiUties. No taking shall be
necessary for the use of any park land, bathing beach or
playground for any of the purposes of this act to any extent
approved by the board in charge of or holding title to such
land, including the trustees under chapter seventy-five of
the acts of nineteen hundred and thirty-four, or by the town
at any town meeting.
Section 7. Any person injured in his property by any
action of the board of sewer commissioners under this act
may recover damages from the town under said chapter
seventy-nine.
Section 8. Said town shall, by vote, determine what pro-
portion of the cost of the system or systems of sewerage and
sewage disposal the town shall pay; provided, that it shall
pay not less than one fourth nor more than two thirds of the
whole cost. In providing for the payment of the remaining
portion of the cost of the system or systems or for the use of
the system or systems, the town may avail itself of any or
all of the methods permitted by general laws, and the pro-
visions of the general laws relative to the assessment, appor-
tionment, division, re-assessment, abatement and collection
of sewer assessments, to liens therefor and to interest thereon,
shall apply to assessments made under this act. At the
same meeting at which it determines the proportion of the
cost which is to be borne by the town, it may by vote deter-
mine by which of such methods the remaining portion of the
cost shall be provided for. The collector of taxes of said
town shall certify the payment or payments of such assess-
ments or apportionments thereof to the board of sewer com-
missioners who shall preserve a record thereof.
Section 9. For the purpose of paying the necessary
expenses and liabilities incurred under this act, the town of
Hingham may borrow such sums as may be necessary, not
exceeding, in the aggregate, eight hundred and fifty thousand
dollars, and may issue bonds or notes therefor, which shall
bear on their face the words, Hingham Sewerage Loan, Act
of 1946. Each authorized issue shall constitute a separate
loan. Indebtedness incurred under this act shall be in excess
of the statutory limit, but shall, except as provided herein,
be subject to chapter forty-four of the General Laws, in-
clusive of the limitation contained in the first paragraph of
section seven thereof.
Section 10. The receipts from sewer assessments and
from payments made in Ueu thereof shall be appropriated
for and applied to the payment of charges and expenses in-
cident to the maintenance and operation of the system of
sewerage and sewage disposal or to the extension thereof,
to the payment of interest upon bonds or notes issued for
Acts, 1946. — Chap. 82. 59
sewer purposes or to the payment or redemption of such
bonds or notes.
Section 11. The board of sewer commissioners may an-
nually 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. The board may, at its discretion, pre-
scribe for the users of the sewer system or systems such
annual rentals or charges based upon the benefits derived
therefrom as it may deem proper, subject, however, to such
rules and regulations as shall be adopted by vote of the
town.
Section 12. 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 contracts shall be made
or obligation incurred by the board for any purpose in ex-
cess of the amount of money appropriated by the town
therefor.
Section 13. The board of sewer commissioners may,
from time to time, prescribe rules and regulations for the
connection of estates and buildings with main drains and
sewers, and for the inspection of the materials, the construc-
tion, alteration and use of all connections and drains enter-
ing 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 published in the town of Hing-
ham, if there be any, and if not, then in some newspaper
published in the county of Plymouth, and shall not take
effect until such publications have been made.
Section 14. The town of Hingham, through the board
of sewer commissioners, may, upon the application of the
owner of any estate abutting on any public or private way
where a main drain or common sewer is constructed, lay in
such sewered way and in the private land of such owner
such particular sewer or connecting drain as may be neces-
sary to connect any building on such estate with such main
drain or sewer, and said board may make all necessary con-
tracts in the name and behalf of the town for such purpose.
The expenses thereof shall be paid out of any appropriation
that may be made by the town therefor. The cost of con-
structing each particular sewer or connecting drain shall be
assessed by the board of sewer commissioners upon the es-
tate benefited thereby. Such assessment shall be made by
filing with the board of assessors of the town a certificate,
designating the v^ay and the private land in which such par-
ticular sewer or connecting drain has been constructed, and
giving the name or names of the owners of the estate for
which such connection has been made and the amount of the
assessment to be paid by such owner or owners. A copy or
duplicate of this certificate shall, within ten days after the
filing of the same with the board of assessors, be recorded in
60 Acts, 1946. — Chap. 82.
the registry of deeds for the county of Plymouth, or, in the
case of registered land, filed in the office of the assist-
ant recorder for Plymouth county registry district. The
board of assessors shall, upon receipt of such certificate,
forthwith commit such assessments or charges with their
warrant to the collector of taxes, who shall forthwith make
a demand in writing for the payment of such assessments or
charges, and every owner shall, within three months after
such demand is served upon him or on the occupant of such
estate, or sent bj'- mail to the last address of the owner
known to the collector of taxes, pay to the collector of taxes
the sum so assessed or charged. Except as herein provided,
the provisions of general law relative to the assessment, ap-
portionment, division, re-assessment, abatement and collec-
tion of sewer assessments, to liens therefor and to interest
thereon shall apply to assessments made under this section.
In applying said provisions to assessments made under this
section, the notice referred to therein shall be deemed to be
the demand of the tax collector required hereby. The lien
for any assessment made under this section shall attach
upon the recording or filing for registration of the copy or
duplicate of the certificate of assessment. In the apportion-
ment of assessments made under this section no instalment
shall be less than five dollars.
Section 15. The provisions of this section shall be opera-
tive only if the town of Hingham at the meeting at which
this act is accepted shall vote, separately, to accept said
provisions. Each owner of a building upon land abutting a
pubhc or private way in the Hingham north sewer district
in which there is a common sewer shall within a reasonable
time, to be fixed by the board of sewer commissioners, after
construction of such sewer in such way connect such building
therewith, unless on application of the owner the board of
health shall find that the non-connection of such building
with the common sewer does not in reasonable likelihood
endanger the public health.
Section 16. No act shall be done under authority of the
preceding sections, except in the making of surveys and
other preliminary investigations, until the plans of the sys-
tem of sewerage and sewage disposal have been approved
by the department of public health. Upon application to
the 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 the sj^stem
of sewerage and sewage disposal shall be submitted for ap-
proval by the department.
Section 17. Subject to the provisions of section fifteen,
this act shall take full effect upon its acceptance by vote of
a majority of the voters of the town voting thereon at any
annual or special town meeting called for the purpose at
which the town shall vote to accept chapter five hundred
and ninety-one of the acts of nineteen hundred and forty-
five, or which is held within five years after such vote. No
Acts, 1946. — Chaps. 83, 84, 85. 61
expenditure shall be made and no liability incurred here-
under until such acceptance of this act.
Approved February 27, 1946.
An Act authorizing the town of southbridge to pay Chap. 83
A CERTAIN SUM OF MONEY TO JOSEPH BENOIT DOING BUSI-
NESS AS BENOIT BROTHERS.
Be it enacted, etc., as follows:
Section 1. The town of Southbridge is hereby author-
ized to appropriate a sum of money not exceeding eight hun-
dred and sixty-nine dollars and fifty-three cents and to ex-
pend said sum in paym.ent and discharge of a certain claim
of Joseph Benoit, doing business as Benoit Brothers, in full
settlement of his claim against said town for reimbursement
on account of money expended by him in the construction
of one hundred and forty feet of sewer line on Columbia
street, a public way in said town; said claim being legally
unenforceable against said town by reason of its failure to
comply with the provision of its by-laws requiring adver-
tising prior to the awarding of a contract involving the ex-
penditure of five hundred dollars or more.
Section 2. This act shall take effect upon its passage.
Approved February 27, 1946.
An Act authorizing the town of southbridge to pay Chap. 84
A certain sum of money to a. v. TAURASI CO., INC.
Be it enacted, etc., as follows:
Section 1. The town of Southbridge is hereby author-
ized to appropriate the sum of five thousand two hundred
and eighty-seven dollars and forty-five cents and to pay
the same to A. V. Taurasi Co., Inc., in connection with the
construction of sewers in Meadowbrook road, Laurel Hill
road and Lebanon street, private ways in said town which
have since been accepted as public ways, and through "Cole
Forest", so called; provided, that no payment shall be made
hereunder unless and until said A. V. Taurasi Co., Inc., shall
have released to said town, by proper instrument or instru-
ments, all its right, title and interest in and to said sewers.
Section 2. This act shall take effect upon its passage.
Approved February 27, 1946.
An Act authorizing the town of southbridge to pay Chav. 85
A certain STTM of MONEY TO FRANK J. SHIELDS, INCOR-
PORATED.
Be it enacted, etc., as follows:
Section 1. The town of Southbridge is hereby author-
ized to appropriate the sum of four hundred and fifty dol-
lars and to pay the same to Frank J. Shields, Incorporated,
62 Acts, 1946. — Chap. 86.
in full settlement of its claim against said town for reim-
bursement on account of money expended by said corpora-
tion in connection with the surfacing of Fisk street, a public
way in said town.
Section 2. This act shall take effect upon its passage.
Approved February 27, 1946.
Chap. 86 An Act authorizing the town of ashland to construct
AND OPERATE A SYSTEM OF SEWERS.
Be it enacted, etc., as follows:
Section 1. The town of Ashland 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
sewers, drains, pumping stations and force mains in said
town as may be necessary, and, for the purpose of providing
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. The town of Ashland may enter into an
agreement with the town of Framingham for the joint use
of the sewerage facilities of the town of Framingham to re-
ceive and treat the sewage of the town of Ashland, and shall
pay such proportion of the cost of construction of additional
works required and such annual charges for the transporta-
tion and treatment of sewage as shall be mutually agreed
upon by the two towns. If said towns shall be unable to
agree as to the proper and just sum which shall be paid by
the town of Ashland to the town of Framingham, either such
town may apply to the department of public utilities for a
determination of the matter in controversy.
Section 2. The town of Ashland may make and main-
tain in any way therein where main drains or common sew-
ers are constructed, such connecting drains, underdrains and
sewers within the limits of such way as may be necessary to
connect any estate which abuts upon the way.
Section 3. Said 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 com-
mencement of constmction hereunder of a system of sew-
erage and sewage disposal, a board of three sewer com-
missioners who shall be citizens of the town, to hold office,
if elected at an annual meeting, one until the expiration
of one year, one until the expiration of two years, and
one until the expiration of three years, from such annual
town meeting, and until their successors are qualified, or,
if elected at a special meeting, one until the expiration of
one year, one until the expiration of two years, and one
Acts, 1946. — Chap. 86. 68
until the expiration of three years, from the next succeeding
annual town meeting, and until their successors are quali-
fied; and thereafter at each annual town meeting when the
term of a member expires, the town shall elect one member
of the board to serve for three years and until his successor
is qualified. Any selectman shall be eligible to election to
said board. In either case, whether the town votes that its
selectmen shall act as a board of sewer commissioners or
elects a board of sewer commissioners, the town may at any
time thereafter, by any or all the methods permitted by
general law, provide for the election of a board of three
sewer commissioners, or that the selectmen may act as a
board of sewer commissioners, as the case may be.
Section 4. Said board of sewer commissioners, acting
for and on behaK 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, necessary
for accompUshing any purpose mentioned in this act, and
may construct such main drains and sewers under or over
any bridge, railroad, railway, boulevard or other pubHc 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 main-
taining and repairing the same, and may do any other thing
proper or necessary for the purposes of this act; provided,
that they shall not take in fee any land of a railroad corpora-
tion, and that they shall not enter upon or construct any drain
or sewer within the location of any railroad corporation ex-
cept at such time and in such manner as they may agree upon
with such corporation, or, in case of failure to agree, as may
be approved by the department of public utiUties.
Section 5. Until the board of sewer commissioners has
first been elected as provided in this act or the selectmen have
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 com-
mittee shall serve without pay and shall have all the powers
and authority given to the board of sewer commissioners in
this act or by general law. Whenever the phrase "said
board of sewer commissioners" or "said board " hereinafter
occurs, it shall mean and include the board of sewer commis-
sioners, the selectmen acting as such or the committee of the
town provided for in this section, as the case may be.
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, by vote, determine what
proportion of the cost of said system or systems of sewerage
and sewage disposal the town shall pay; provided, that it
64 Acts, 1946. — Chap. 86.
shall pay not less than one fourth nor more than one half 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 sj'^stems, 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 therefor and to interest
thereon shall apply to assessments made under this act, ex-
cept that interest shall be at the rate of four 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
collector 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 necessary ex-
penses and liabilities incurred under this act, the town may
borrow such sums as may be necessary, not exceeding, in
the aggregate, four hundred and forty-five thousand dollars;
and may issue bonds or notes therefor, which shall bear on
their face the words, Ashland Sewerage Loan, Act of 1946.
Each authorized issue shall constitute a separate loan. In-
debtedness incurred under this act shall be in excess of the
statutory limit, but shall, except as provided herein, be sub-
ject to chapter forty-four of the General Laws inclusive of
the limitation contained in the first paragraph of section
seven thereof.
Section 9. The receipts from sewer assessments and from
payments made in lieu thereof shall be applied to the payment
of charges and expenses incident 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 10. Said board of sewer commissioners may an-
nually 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 superintend-
ent at its pleasure. Said board shall prescribe for the users
of said sewer systems annual rentals or charges based upon
the amount of water consumed on the premises assessed,
except that said board in determining annual rentals or
charges shall make due allowance for water used for crop
production or such other purposes as do not result in the
entry of water so used into the sewerage system, but subject,
however, to such rules and regulations as may be fixed by
vote of the town.
Section 11. 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
Acts, 1946. — Chap. 87. 66
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 con-
nections 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 published in the
town of Ashland, if there be any, and if not, then in some
newspaper published in the county of Middlesex, 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 pubHc. At such hearing, plans showing in detail
all the work to be done in constructing said system of sewer-
age and sewage disposal shall be submitted for approval by
said department.
Section 14. This act shall take full effect upon its ac-
ceptance by vote of the majority of the voters of said town
voting thereon at an annual town meeting held within five
years after its passage. No expenditure shall be made and
no liability incurred hereunder until such acceptance.
Approved February 27, 1946.
An Act relative to the merger and consolidation of Chap. 87
trust companies and other commercial banks, the
establishment of branch offices thereof and the
continued operation of the offices of consolidated
banks.
Be it enacted, etc., as follows:
Section 1. Section forty-four of chapter one hundred G.L.(Ter.^^
and seventy-two of the General Laws, as most recently etc!, 'amended. *
amended by chapter one hundred and eighty-seven of the
acts of nineteen hundred and thirty-nine, is hereby further
amended by inserting after the word "another" in the second
line the words : — bank or, — so as to read as follows : —
Section 44- No trust company shall be merged in or con- consolidation
soUdated with another bank or trust company, or sell or ex- °l^^!i:^,
■L 11 1 "11 lie tr .7 } companies
change all or substantially all of its property and assets, regulated.
except with the written approval of the commissioner and
subject to the provisions of sections forty-two and forty-six
of chapter one hundred and fifty-six ; and no trust company
shall purchase all or substantially all of the property and
assets of any bank or trust company, except with the written
approval of the commissioner. The charter of a trust com-
66 Acts, 1946. — Chap. 87.
pany the business of which shall, on or after July first, nine-
teen hundred and twenty-two, have been consolidated or
merged with, or absorbed by, another bank or trust com-
pany, or the affairs of which shall, on or after said date, have
been liquidated, shall be void except for the purpose of dis-
charging existing obligations and liabiUties.
Sdo.' iS'i 45. Section 2. Said chapter one hundred and seventy-two is
•u.', amended. ' hereby further amended by striking out section forty-five,
as most recently amended by section three of chapter two
hundred and forty-four of the acts of nineteen hundred and
thirty-nine, and inserting in place thereof the following sec-
tion: — Section 1^5. Any such corporation may, with the
approval of the board of bank incorporation, establish and
operate one or more branch offices in the town where its main
office is located, or in any other town within the same county
having no commercial banking facilities or having banking
faciUties which, in the opinion of said board, are inadequate
for the pubUc convenience. A branch office so authorized
shall be established within six months of said board's ap-
proval thereof. The said board may, however, for cause,
extend the time in which such branch office may be estab-
lished, without further notice or publication unless the board
shall order it. No such corporation shall maintain a branch
office except as provided in this section and sections forty-six
and forty-seven, but the restrictions in this section shall not
extend to branch offices authorized prior to June first, nine-
teen hundred and thirty-four. The location of the main
. office of such a corporation may, with the approval of said
board of bank incorporation, be changed by the corporation,
when the public convenience so requires, to any place where
a branch office may be lawfully established and operated by
it, and thereafter, with like approval, the former main office
of the corporation may be operated as a branch office.
EdJ." 172.% 48. Section 3. Said chapter one hundred and seventy-two is
ete.. amended. ' hereby further amended by striking out section forty-six, as
most recently amended by section four of said chapter two
hundred and forty-four, and inserting in place thereof the
OfflM of following section : — Section 46. Any office or offices of a
"" bank or trust company the business of which has been taken
over under section forty-four or forty-four A by such a trust
company whose main office is located in the same county, or
any office or offices of a national banking association the
whole or a substantial part of the assets of which is purchased
or otherwise acquired by a trust company so located, may,
with the approval of the commissioner, be maintained as a
branch office or offices of such corporation, under such con-
ditions as he may approve.
Section 4. Chapter one hundred and ninety-two of the
acts of nineteen hundred and forty-three is hereby repealed,
but any branches of a trust company approved or established
under said chapter may be established, maintained or oper-
ated by it notwithstanding any hmitations of time contained
in said chapter or in section forty-five of chapter one hundred
merged
eompeny,
Acts, 1946. — Chaps. 88, 89. §7
and seventy-two, as amended by this act, and as to all of
such branch offices this section shall, to the greatest extent
possible, be deemed and construed to be a continuation of
the provisions of said chapter one hundred and ninety-two
which are not inconsistent herewith, and not as a new
enactment. Approved February 27, 1946.
Chap. 88
An Act postponing the taking effect of certain laws
providing for bills of exceptions in probate pro-
ceedings.
Whereas, The principal purpose of this act is to postpone Emewne
the taking effect of certain provisions of law contained in p"*™«'I«.
section one of chapter four hundred and sixty-nine of the acts
of nineteen hundred and forty-five and the delayed taking
effect of this act would prevent the achievement of such
purpose, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public
convenience.
Be it enacted, etc., as follows:
Section two of chapter four hundred and sixty-nine of the
acts of nineteen hundred and forty-five is hereby amended
by striking out, in the first line, the word "March" and in-
serting in place thereof the word : — August, — so as to read
as follows: — Section 2. This act shall take effect on Au-
gust first, nineteen hundred and forty-six.
Approved February 28, 19^6.
An Act authorizing federated jewish charities of bos-
ton TO GRANT AND CONVEY ITS FUNDS AND OTHER PROP-
ERTY TO ASSOCIATED JEWISH PHILANTHROPIES, INC. AND
THEREUPON TO BE DISSOLVED.
Be it enacted, etc., as follows:
Section 1. Federated Jewish Charities of Boston, a cor-
poration incorporated under chapter one hundred and twenty-
five of the Revised Laws, as amended, is hereby empowered
to grant, assign, set over and convey all funds and property
held by it to Associated Jewish Philanthropies, Inc., a cor-
poration duly established under chapter one hundred and
eighty of the General Laws, and said Associated Jewish Phi-
lanthropies, Inc., is hereby empowered to receive the same,
and to hold, manage and dispose of all such funds and prop-
erty under the same trusts, uses and purposes as if the same
had continued to be held by said Federated Jewish Charities
of Boston.
Section 2. The power hereby granted shall be exercised
only in conformity with such a decree, if any, of the supreme
judicial court, sitting in equity for the county of Suffolk, as
may be entered within one year after the effective date of
tOygaot.
Chap.
68
Acts, 1946. — Chap. 90.
Section 3. This act shall not take full effect until it
shall have been accepted by the votes of the board of direc-
tors, or the officers having the powers of directors, of each
of said corporations and copies of the respective votes of ac-
ceptance shall have been filed with the state secretary.
Section 4. The corporate existence of said Federated
Jewish Charities of Boston shall cease and determine upon
the transfer of all of its assets as authorized by the preceding
sections of this act.
Section 5. All gifts, grants, bequests or devises made or
accruing to or for the benefit of said Federated Jewish Chari-
ties of Boston, after the transfer of its assets as hereinbefore
provided, shall vest in said Associated Jewish Philanthro-
pies, Inc., unless the terms of said gift, grant, bequest or
devise for the carrying out of the provisions thereof shall
otherwise specifically require.
Approved February 28, 1946.
G. L. (Ter.
Ed.). 171. new
i 30. added.
Consolidation
of credit
unions.
Chap. 90 An Act relative to the consolidation of credit unions
and the conversion to a credit union chartered by
the commonwealth of a credit union chartered
elsewhere.
Be it enacted, etc., as follows:
Chapter one hundred and seventy-one of the General Laws
is hereby amended by adding after section twenty-nine, as
amended by chapter one hundred and thirty-nine of the acts
of nineteen hundred and thirty-six, the following section : —
Section SO. Any two or more credit unions may consolidate
into a single corporation on such terms as shall have been
agreed upon by a vote of two thirds of the board of directors
of each corporation and as shall have been approved in writ-
ing by the commissioner; provided, that such action is
approved at a special meeting of the members of each cor-
poration called for that purpose, by a vote of at least two
thirds of those members present, qualified to vote and voting.
Notice of such meeting, setting forth the terms of consolida-
tion agreed upon, shall be sent by the clerk of each credit
union to each member thereof by postpaid mail at least ten
days before the date of the meeting, and, if the commissioner
so orders, shall also be advertised in such manner as the
commissioner may direct in one or more newspapers pub-
lished in each town in which any of said credit unions does
business or in another town in the same county. A certificate
subscribed by the presidents and clerks of all such credit
unions, setting forth that each of such credit unions has
complied with all the requirements of this section, shall be
submitted to the commissioner and, if the commissioner ap-
proves such consolidation, he shall endorse his approval upon
said certificate, whereupon such consolidation shall become
effective. A new name, or the name of any of the consolidat-
ing credit unions, may be adopted as the name of the con-
tinuing credit union at the meetings herein provided for and,
Acts, 1946. — Chap. 90.
upon approval of the consolidation, it shall become the name
of the continuing credit union without further action under
the laws of the commonwealth respecting change or adoption
of a new name on the part of the continuing credit union.
The commissioner shall determine the value of the shares,
and deposits, if any, in each consolidating credit union, and
the guaranty fund, reserve fund and undivided earnings, if
any, of each of such credit unions shall be disposed of as he
may direct.
Upon the consolidation of any two or more credit unions
under the provisions of this section, the corporate existence
of all but one of the consolidating credit unions shall be dis-
continued and consolidated into that of the remaining credit
union, which shall continue; and the charter of each other
credit union shall become void. All of the rights and privi-
leges of each consolidating credit union, and its right, title
and interest to all property of whatever kinds and things in
action, and every right, privilege, interest or asset of con-
ceivable value or benefit then existing which would inure to
it except for such consolidation, shall be deemed fully, and
without any right of reversion, to be transferred to or vested
in the continuing credit union, without further act or deed,
and the continuing credit union shall have and hold the same
in its own right to every extent that the same was owned
and held by the consohdating credit union from which it
was transferred.
A consolidating credit union's rights, obligations and rela-
tions to any person, member, creditor, trustee or beneficiary
of any trust, as of the effective date of the consolidation, shall
remain unimpaired, and the continuing credit union shall,
by the consolidation, succeed to all such relations, obligations
and liabilities, as though it had itself assumed the relation or
incurred the obligation or liability; and its liabilities and
obligations to creditors existing for any cause whatsoever
shall not be impaired by the consolidation; nor shall any
obligation or liability of any member in any such credit
union, continuing or consolidating, which is party to the
consolidation, be affected by any such consolidation, but
such obligations and liabilities shall continue as fully and to
the same extent as the same existed before the consolida-
tion.
A pending action or other judicial proceeding to which
any of the consolidating credit unions is a party shall not
be deemed to have abated or to have discontinued by reason
of the consolidation, but may be prosecuted to final judgment,
order or decree in the same manner as if the consolidation
had not been made; or the continuing credit union may be
substituted as a party to any such action or proceeding to
which the consolidating credit union was a party, and any
judgment, order or decree may be rendered for or against
the continuing credit union that might have been rendered
for or against such consolidating credit union if consolidation
had not occurred.
7e Acts, 1946. — Chap. 91.
Any credit union operating under a charter other than one
issued by this commonwealth and having a usual place of
business therein, may, if authorized by a vote of at least a
majority of its members present and voting at a meeting
specially called for that purpose, make application to the
board of bank incorporation for consent for incorporation
under this chapter. Said board may grant its consent to
such incorporation when satisfied that the assets of such
credit union qualify for investment by a credit union incor-
porated under this chapter. If any of the assets of the
applicant credit union do not qualify as legal investments
for a credit union incorporated under this chapter, such con-
sent may nevertheless be given, subject to such terms with
respect to the time in which the same shall be disposed of or
converted into legal assets as the board may impose. Upon
the issuing by the state secretary of the certificate of incor-
poration, all of the assets of the applicant credit union shall
be transferred to and vested in the credit union so incor-
porated, to the same extent as would result from a merger of
the applicant credit union and the new credit union under
this section. The newly incorporated credit union shall
thereupon issue its share?' in the same amount and to the
same persons, in satisfaction of the shares of the applicant
credit union, and assume the deposit and other liabilities
thereof. Thereupon the charter of the applicant credit union
shall be surrendered to the issuing authority for cancellation
by it, and the new credit union shall be operated under and
governed by this chapter. Approved February 28, 1946,
Chap. 91 ^N Act further defining the term "school bus" as
USED IN THE MOTOR VEHICLE LAWS.
Be it enacted, etc., as follows:
Sd.).**?*!!. Section one of chapter ninety of the General Laws, as
•u.'.»mind«i. amended, is hereby further amended by striking out the
paragraph defining "School bus", inserted by section one of
chapter two hundred and seventy-one of the acts of nineteen
hundred and thirty-two, and inserting in place thereof the
following paragraph: —
h^i^^d] "School bus", any motor vehicle owned or operated by
any city or town and used on a full-time or part-time basis
for the transportation of school children and any motor
vehicle not so owned or operated which is used under written
or oral contract with a city or town for the transportation of
school children, while so used, but not including a motor
vehicle used as hereinbefore provided for not more than three
days in case of emergency or a motor vehicle used under
such a contract having permanent seating accommodations
for and carrying not more than seven persons or a motor
vehicle operated by a holder of a certificate issued vmder
section seven of chapter one hundred and fifty-nine A and
a permit issued under section eight of said chapter.
Approved February 28, 1946,
Acts, 1946. — Chaps. 92, 93. 71
An Act rej-ative to standard weights for containers op Chap. 92
CERTAIN FLOURS, MEALS AND OTHER GRAIN PRODUCTS. '^'
Be it enacted, etc., as follows:
Chapter ninety-four of the General Laws is hereby o.L,(Tor.
amended by striking out section one hundred and seventy- | iuA%t9.,
four A, inserted by section one of chapter ninety-two of the »»««»d«d
acts of nineteen hundred and forty-five, and inserting in
place thereof the following section: — Section 17 4 A. No p«ck«gini
person shall pack for sale, sell, offer or expose for sale in this ^rutn^
commonwealth, except in containers of net avoirdupois «>«"»««««.
weights of five, ten, twenty-five, fifty and one hundred
pounds, and multiples of one hundred pounds, any of the
following commodities : — 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 direct to the consumer from bulk
stock, or (&) 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 containers the net contents of which are less
than three pounds, or {d) the exchange of wheat for flour by
nulls grinding for toll. Whoever violates any provision of Penalty-
this section shall be punished by a fine of not less than
twenty-five nor more than five hundred dollars.
Approved February 28, 1946.
An Act relative to the sealing of containers op bal- Qhrifj 93
LOTS cast at elections. '^'
Be it enacted, etc., as follows:
Section one hundred and seven of chapter fifty-four of the o. l. (jet.
General Laws, as amended by section twenty-two of chap- SJ;^'»min*«iid?'
ter four hundred and eleven of the acts of nineteen hundred
and forty-three, is hereby further amended by striking out,
in the sixth, seventh and eighth Hues, the words "the seal
provided therefor, and also with the private seal of any elec-
tion officer who may desire to affix the same; and a" and
inserting in place thereof the following: — a seal of durable
material, other than paper, provided therefor and also with
the private seal of any election officer who may desire to
affix the same. Seals for containers may be of material used
in such manner as to effectively lock the container, or the
container may be tied up lengthwise and crosswise with
heavy twine securely tied and with the knot sealed with
stationer's sealing wax. A, — so as to read as follows: —
Section 107. The presiding officer at every polling place BaUoto.eMt
at elections of state and city officers and of town officers J°^ TotiSlT'
in towns where official ballots are used shall, after the record iurt«^ »>•
of the counting has been made, cause all ballots cast to be *** '*'
72 Acts, 1946. — Chaps. 94, 95.
publicly enclosed in an envelope or container and sealed up
' .; with a seal of durable material, other than paper, provided
therefor and also with the private seal of any election officer
who may desire to affix the same. Seals for contamers may
be of material used in such manner as to effectively lock
the container, or the container may be tied up lengthwise
and crosswise with heavy twine securely tied and with the
knot sealed with stationer's sealing wax. A majority of the
election officers of the voting precinct or town shall endorse
upon such envelope or container the polling place, the elec-
tion and the date, and also a certificate that all the ballots
cast by the voters of such precinct or town, and none other,
are contained therein. He shall cause all ballots not cast
to be enclosed in an envelope or container and sealed up as
aforesaid, and shall certify on the envelope or container the
contents thereof. Such presiding officer shall cause the
voting lists to be enclosed in an envelope and sealed up as
aforesaid, and a majority of the election officers shall certify
thereon to the identity of the voting lists enclosed. He shall
forthwith personally deliver to the city or town clerk or
transmit to him, by the pohce officer or constable in at-
tendance at the election, all the ballots cast, and not cast,
the voting lists, the ballot box, ballot box seals and counting
apparatus. Approved February 28, 1946.
Chap. 94 An Act postponing the taking effect of certain laws
PROVIDING FOR BILLS OF EXCEPTIONS IN SUITS IN EQUITY.
prTambil?^ Wherctts, The principal purpose of this act is to postpone
the taking effect of certain provisions of law contained in
section one of chapter five hundred and thirty of the acts
of nineteen hundred and forty-five and the delayed taking
effect of this act would prevent the achievement of such
purpose, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public
convenience.
Be it enacted, etc., as follows:
Section two of chapter five hundred and thirty of the acts
of nineteen hundred and forty-five is hereby amended by
striking out, in the first line, the word "March" and insert-
ing in place thereof the word : — August, — so as to read as
follows : — Section 2. This act shall take effect on August
first, nineteen hundred and forty-six.
Approved February 28, 1946.
ChaV' 95 "^^ ^^^ ^*^ RELOCATE CERTAIN HARBOR LINES IN NEW BED-
FORD HARBOR.
Be it enacted, etc., as follows:
Section 1. The third paragraph of section one of chap-
ter eighty of the acts of nineteen hundred and twenty-nine,
as amended by section one of chapter one hundred and
Acts, 1946. — Chap. 96. 78
twenty-seven of the acts of nineteen hundred and thirty-
seven, is hereby amended by striking out, in the last twelve
lines, the words "thence south fourteen degrees, three min-
utes, ten seconds east, true bearing, six thousand five hun-
dred ninety-three feet to point V in latitude two thousand
three hundred twelve and ninety-one one hundredths feet
south and longitude two thousand seven hundred thirty-four
and fifty-nine one hundredths feet west, said point V being lo-
cated north forty-two degrees, fourteen minutes, thirty-one
seconds east, true bearing, two hundred fifty-one and sixty-
one one hundredths feet from Mark 17 on the easterly end
of the Cove street storm sewer, point V being the southerly
end of the harbor line hereby estabhshed on the easterly
side of New Bedford harbor" and inserting in place thereof
the following : — thence south fourteen degrees three min-
utes, ten seconds east, true bearing, three thousand three
hundred sixty-one and seven one hundredths feet to point Vi
in latitude eight hundred twenty-two and thirty one hun-
dredths feet north and longitude three thousand five hun-
dred nineteen and thirty-five one hundredths feet west,
thence north eighty-three degrees fourteen minutes six sec-
onds east, true bearing, one thousand six hundred ninety-
four and fifty-two one hundredths feet to Palmer's Island
light in latitude one thousand twenty-one and ninety-one
one hundredths feet north and longitude one thousand eight
hundred thirty-six and sixty-three one hundredths feet west;
thence south twenty-five degrees, twenty-three minutes,
forty-seven seconds east, true bearing, four thousand five
hundred and thirty feet to point W in latitude three thou-
sand seventy and thirty-two one hundredths feet south and
longitude one hundred six and nineteen one hundredths feet
east, said point W being located north twenty-five degrees,
twenty-three minutes, forty-seven seconds west, true bear-
ing, four thousand eight hundred six and thirteen one hun-
dredths feet from Butler's Flat light, in latitude seven thou-
sand four hundred and twelve feet south, longitude two
thousand one hundred and sixty-seven and forty-one one
hundredths feet east, point W being the southerly end of
the harbor line hereby established on the westerly side of
New Bedford harbor.
Section 2, This act shall take effect upon its passage.
Approved March 1, 1946.
An Act authorizing the commissioner of labor and Chap. 96
INDUSTRIES TO SUSPEND UNTIL APRIL FIRST, NINETEEN
HUNDRED AND FORTY-SEVEN, 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 this Emergency
act are about to cease to be effective, but the circumstances p'"**™^'^-
and conditions which made advisable their enactment still
continue, and it is urgent that said provisions be continued
74 Acts, 1946. — Chaps. 97, 98.
in effect without interruption, therefore it is hereby declared
to be an emergency law, necessary for the immediate preser-
vation of the public convenience.
Be it enacted, etc., as follows:
Section one of chapter three hundred and forty-seven of
the acts of nineteen hundred and thirty-three, as most re-
cently amended by chapter fourteen of the acts of nineteen
hundred and forty-five, is hereby further amended by striking
out, in the fifth line, the word "forty-six" and inserting in
place thereof the word: — forty-seven, — so as to read as
follows: — Section 1. The commissioner of labor and in-
dustries is hereby authorized, in conformity with Article XX
of Part the First of the Constitution of the Commonwealth,
to suspend, until April first, nineteen hundred and forty-
seven, subject to such restrictions and conditions 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 March 1, 1946.
Chap. 97 An Act authorizing the park commissioners of the city
OF SALEM TO CHARGE ADMISSION TO CERTAIN BUILDINGS,
Be it enacted, etc., as follows:
The park commissioners of the city of Salem may charge
admission to the Witch House in Salem and any other build-
ings of historical interest under their control.
Approved March 1, 1946.
Chap. 98 An Act further extending the emergency allotment
PLAN OP THE city OF BOSTON.
Be it enacted, etc., as follows:
Section 1. Section two of chapter five hundred and six-
teen of the acts of nineteen hundred and forty-three, as
amended by chapter one hundred and five of the acts of
nineteen hundred and forty-five, is hereby further amended
by striking out, in the fourth and fifth lines, and in the sixth
line, the word "forty-five" and inserting in place thereof,
in each instance, the word : — forty-six, — so as to read as
follows: — Section 2. The mayor of said city may by exec-
utive order continue in full force and effect the provisions
of section one for the fiscal year of the city of Boston begin-
ning January first, nineteen hundred and forty-six and
ending December thirty-first, nineteen hundred and forty-
six; 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
Acts, 1946. — Chaps. 99, 100. 76
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 4, 1946.
An Act providing for the funding of overlay deficits (^/jap, 99
BY the city of BROCKTON. ^'
Be it enacted^ etc., as follows:
Section 1. The city of Brockton, for the purposes of
meeting deficits in the overlay resulting from abatements
granted to the Brockton Gas Light Company for the years
nineteen hundred and forty-one, nineteen hundred and
forty-two, nineteen hundred and forty-three, nineteen hun-
dred and forty-four and nineteen hundred and forty-five,
totaling one hundred and forty-eight thousand dollars, may
borrow the sum of one hundred and twenty thousand dollars
in the year nineteen hundred and forty-six, and issue bonds
or notes of the city therefor, which shall bear on their face
the words, Brockton Deficiency Loan, Act of 1946. Such
loan shall be paid in not more than five years from its date.
Indebtedness incurred under this act shall be inside the
statutory limit of indebtedness, and shall, except as herein
provided, be subject to the provisions of chapter forty-four
of the General Laws, exclusive of the hmitation contained
in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved March 4, 1946.
An Act further providing for removing or placing Qf^n IQO
underground certain wires and electrical appli- ^'
ANCE8 m the city OF BOSTON.
Be it enacted, etc., as follows:
Section 1. Section one of chapter one hundred and one
of the acts of nineteen hundred and thirty-one, as most
recently amended by section one of chapter one hundred and
ten of the acts of nineteen hundred and forty-one, is hereby
further amended by striking out, in the fourth line, the word
"forty-six" and inserting in place thereof the word: — fifty-
two, — so as to read as follows: — Section 1. In the month
of January in the year nineteen hundred and thirty-two, and
in said month in each year thereafter, to and including the
year nineteen hundred and fifty-two, the fire commissioner
of the city of Boston shall prescribe and give public notice
thereof in at least two daily newspapers in said city, by
advertisement therein, twice a week for two weeks in suc-
cession, of not more than four miles of streets in said city
in any one year, from which poles shall be removed and the
wires buried underground, except such poles and wires as
76 Acts, 1946. — Chap. 101.
are excepted in chapter thi-ee hundred and sixty-four of the
acts of nineteen hundred and eleven.
Section 2. Said chapter one hundred and one is hereby
further amended by striking out section two, as most re-
cently amended by section two of said chapter one hundred
and ten, and inserting in place thereof the following section :
— Section 2. The powers conferred and the duties imposed
upon the officer mentioned in said chapter three hundred
and sixty-four, and other acts mentioned in said chapter,
are hereby extended and said powers shall be exercised and
said duties performed by said fire commissioner in each of
the years nineteen hundred and thirty-two to nineteen hun-
dred and fifty-two, inclusive.
Section 3. Chapter twenty-six of the acts of nineteen
hundred and forty-three is hereby amended by striking out
section one and inserting in place thereof the following sec-
tion : — Section 1 . The duty placed upon the fire commis-
sioner of the city of Boston by section one of chapter one
hundred and one of the acts of nineteen hundred and thirty-
one, as amended, to prescribe in said city, in the month of
January of each year, to and including the year nineteen
hundred and fifty-two, not more than four miles of streets
in said city in any one year, from which poles shall be re-
moved and the wires buried underground, is hereby sus-
pended. Said suspension shall be effective for the year nine-
teen hundred and forty-three, and for each year thereafter
until January first, nineteen hundred and forty-seven, but
shall not affect prescriptions already made by said fire com-
missioner for years prior to the year nineteen hundred and
forty-three, nor shall it affect the power of said commis-
sioner to enforce any such prior prescription.
Section 4. This act shall take effect upon its passage.
Approved March 4, 1946-
C/iop.lOl An Act authorizing the city of salem to sell certain
LAND HELD BY IT FOR PARK PURPOSES.
Be it enacted, etc., as follows:
Section 1. The city of Salem is hereby authorized to
sell and convey such portion of the property located at the
corner of Orchard and Franklin streets in said city and held
by it for park purposes, as may be determined by the park
commissioners of said city. The proceeds of any such sale or
sales shall be paid into the treasury of said city and shall
be subject to appropriation for any purpose or purposes for
which said city is authorized to incur debt for a period of ten
years or more.
Section 2. Chapter one hundred and twenty- three of the
acts of nineteen hundred and forty-three is hereby repealed.
Section 3. This act shall take effect upon its passage.
Approved March 4, 1946.
Acts, 1946. — Chaps. 102, 103. :77
An Act authorizing the city of salem to sell and Char)'102
CONVEY certain PARK PROPERTY,
Be it enacted, etc, as follows:
The city of Salem by its mayor, when so authorized by
the city council, may sell and convey, free and clear from
any obligation to use the same for park purposes or any
other pubhc purpose, if in other respects the city has or ob-
tains a clear title thereto, a certain parcel of land situated
on the northerly side of Fort avenue, now under control of
the park department, and described as follows: —
Said parcel being twenty-five feet in width and extending
from Almshouse Road easterly to the division line between
land of the city of Salem, Pubhc Property Department, and
land of the city of Salem, Park Department, as shown on a
plan entitled, "Topographical Survey of Land Public Park
at Salem Willows 1896 Scale 40 feet to an inch Charles A.
Metcalf Engineer and Surveyor," said plan being on file in
the ofiice of the city engineer.
The proceeds of any such sale or sales shall be paid into
the treasury of said city and shall be subject to appropria-
tion for any purpose or purposes for which said city is au-
thorized to incur debt for a period of ten years or more.
Approved March 4, 1946.
An Act relative to eligibility for promotion, promo- (7/ia2?.103
TIONAL examinations IN CERTAIN DEPARTMENTS, AND ^'
THE TIME WITHIN WHICH ELIGIBLE LISTS SHALL BE ES-
TABLISHED, UNDER THE CIVIL SERVICE LAWS.
Be it enacted, etc., as follows:
Chapter thirty-one of the General Laws is hereby amended Ed^si^Tis
by striking out section fifteen, as most recently amended by etc!, 'amended*,
sections three and four of chapter seven hundred and four
of the acts of nineteen hundred and forty-five, and inserting
in place thereof the following section: — Section 15. No Appointment,
person shall be appointed or promoted to any position in the certification,
classified civil service except upon requisition by the ap-
pointing ofllcer and upon certification by the director from
an eligible list prepared in accordance with this chapter and
the rules and regulations made thereunder. If there is no
such list, or if the director is unable to comply with a requi-
sition, he may, subject to section twenty-five, authorize a
provisional appointment. Such a provisional appointment
may be authorized to fill a permanent position for a period
of not more [than three months, and may be renewed for an
additional three months, except that in departments, insti-
tutions or hospitals the functions of which are connected
with public safety or public health where the public service
would otherwise suffer, the director may renew such provi-
sional appointment for one more additional period of three
months if supported by four aflirmative votes of the commis-
78 Acts, 1946. — Chap. 103.
sion, and a statement of such renewal and the reasons there-
for shall be set forth by the director in his monthly report;
but no person shall be certified for more than one such pro-
visional appointment and renewal or renewals, as the case
may be, in any twelve-month period. Authorization to make
a provisional appointment shall be void if not exercised
within two weeks from the date thereof. The director shall
forthwith conduct an examination and establish an eligible
list for such a position. A provisional appointment to fill a
permanent position shall, except in the case of a second re-
newal of such a provisional appointment as aforesaid, be
terminated by the director within fourteen days after the
establishment of an eligible list for such position, and it may
be terminated by the (iirector at any time.
Except as otherwise provided in sections nineteen A,
twenty A, twenty C, twenty-two, forty-two, forty-seven B,
forty-eight, and forty-nine A of this chapter, section thirty-
six of chapter forty-eight, section eleven of chapter one hun-
dred and twenty-seven, section four of chapter two hundred
and seventy-three of the acts of nineteen hundred and thir-
teen, and section four of chapter three hundred and seventy-
two of the acts of nineteen hundred and fourteen, no person
shall receive an original appointment to the official service
of the commonwealth or any city or town thereof otherwise
than by virtue of a competitive examination, unless (a) the
director shall certify that he has previously held a competi-
tive examination for the position involved and has been un-
able to establish an eligible list of at least two available per-
sons; or unless (6) a position not under civil service is placed
thereunder by virtue of a statute or rule and the director
makes recommendations supported by four affirmative votes
of the commission to include under civil service any present
incumbent of the position, subject to passing a qualifying
examination, prescribed by the director.
In cases arising under the provisions of said clause (o), a
person to be selected by the appointing officer in accordance
with this chapter and rules made thereunder may be ap-
pointed subject to passing a non-competitive or qualifying
examination, as the director may authorize. If one person
passes a competitive examination and the appointing official
signifies his desire to appoint said person to the position, the
appointment shall be authorized by the director.
A provisional appointment to fill a temporary position
shall continue for the period for which it was authorized;
provided, that no such appointment shall be made for more
than three months, and the director may authorize not
more than one further provisional appointment to the same
temporary position in any twelve-month period. Any alter-
ation in the nature of the employment of a person holding
such a provisional appointment or any increase in salary
thereof shall immediately terminate such an appointment.
In case of an emergency, which could not have been fore-
seen and where the public business would be seriously im-
Acts, 1946. — Chap. 103. 79
peded by delay in filling any position in the manner pro-
vided by law, an appointing officer may make an emergency
appointment without requisition; but in no case shall such
emergency appointment continue for more than thirty days
within the sixty consecutive days next following, and in every
such case he shall forthwith report the same to the director,
stating the reason therefor, in such form and detail as the
director may prescribe, and the time, not exceeding thirty
dayB within the sixty consecutive days next following, for
which such employment is to last. No such emergency ap-
pointment shall be renewed except with the consent of the
director or be renewed more than once, except that in depart-
ments, institutions or hospitals the functions of which are
connected with the public safety or public health where the
pubhc service would otherwise suffer, the director may re-
new such emergency appointment for one additional period;
but no person shall receive more than one such appointment
and renewal or renewals, as the case may be, in any twelve-
month period. Vacancies of which an appointing authority
has had, or might with due diligence have, reasonable
knowledge shall not be considered an emergency under this
section.
A. An appointing authority, with the approval of the
director, may promote in the same department or division
of a department in the official service an employee in one
grade to the next higher grade as determined by the director;
provided, that such employee has been employed at least
three years in the lower grade, is the oldest employee, the
second oldest employee or the third oldest employee in length
of service who is willing to accept, and that such employee
passes a quaUfying examination prescribed by the director.
This paragraph shall not apply in any case where a promo-
tion is required to be made as provided in section twenty.
B. Except as authorized by paragraph A, and except
as otherwise provided in section twenty, all promotions in
the official service shall be made after a competitive pro-
motional examination open in succession to those who have
been employed for at least one year in the next lower grades,
as determined by the director, in the same department or
division of a department, until a sufficient number of appli-
cants to hold a competitive examination is obtained. In
case an eligible list of at least two available persons is not
estabUshed from such promotional examination, then a
competitive promotional examination may be held open to
any class within the service of the same or any other depart-
ment, or division of a department, as the director may
determine. In case an eligible list of at least two available
persons is not established from either of such promotional
examinations, the positions shall be filled after open com-
petitive examination; provided, that if there be one person
on either eligible list, the director shall certify such person.
C. In each instance when the appointing authority
appoints or promotes, as the case may be, any person other
80 Acts, 1946. — Chaps. 104, 105.
than the person whose name appears highest on a list certi-
fied to him or it by the director for a position, the appointing
authority shall forthwith deliver to the director a written
statement of his or its reason for not appointing or promoting
the person or persons whose name or names appear on such
list with higher rating than the name of the person so ap-
pointed or promoted, and no appointment or promotion of
any person other than the person whose name appears
highest on such list shall become effective until such state-
ment has been received by the director. Every such state-
ment shall be filed in the office of the division, but shall not
be a public record; provided, that it may be inspected by
any person referred to in such statement or by his attorney,
duly authorized thereto in writing.
Approved March 4, 1946.
Chap. 104: An Act authorizing the town of falmouth to pay a
CERTAIN SUM OF MONEY TO THE MENAUHANT YACHT CLUB
FOR WATER MAIN EXTENSIONS AND EQUIPMENT.
Be it enacted, etc., as follows:
The town of Falmouth is hereby authorized to appropriate
the sum of eleven thousand five hundred and twenty-four
dollars and fifty cents and pay the same to the Menauhant
Yacht Club to reimburse said club for moneys expended by
it for water main extensions and hydrants and appliances
in or on certain public streets and the following private
ways in that part of said Falmouth called Menauhant, viz.:
— Bliss, Hotel, Angell, Hurney and Bullock streets, Jewelers
and Park avenues and Park place; provided, that no pay-
ment shall be made hereunder unless and until said club
shall have released to said town by proper instrument or
instruments all right, title and interest which said club has
in said works, nor unless and until said town shall have
received or acquired permanent easements for the operation
and maintenance of said water main extensions, hydrants
and appliances in or on the aforesaid private ways.
Approved March 4, 1946.
Chap. 105 An Act relative to the borrowing of money by the
TOWN OF PLYMOUTH FOR THE PURPOSE OF REMODELING
the old high school building and installing a NEW
HEATING PLANT AND VENTILATING SYSTEM THEREIN,
ERECTING A BUILDING ADJACENT TO SAID HIGH SCHOOL
BUILDING AND PURCHASING EQUIPMENT FOR A VOCA-
TIONAL SCHOOL.
Be it enacted, etc., as follows:
Section 1. Section one of chapter one hundred and
sixty-one of the acts of nineteen hundred and forty-one is
hereby amended by striking out, in the sixth line, the word
"five" and inserting in place thereof the word: — ten, —
Acts, 1946. — Chap. 106. 81
and by striking out, in the eighth line, the word "fifty" and
inserting in place thereof the word: — seventy-five, — so as
to read as follows: — Section 1. For the purposes of re-
modeling the old high school building and installing a new
heating plant and ventilating system therein, and of erecting
a building adjacent to said high school building, and for the
purchase of equipment for a vocational school, the town of
Plymouth may borrow, from time to time, within a period
of ten years from the passage of this act, such sums as may
be necessary, not exceeding, in the aggregate, seventy-five
thousand dollars, and may issue bonds or notes therefor,
which shall bear on the face the words, Plymouth School
Loan, Act of 1941. Each authorized issue shall constitute
a separate loan, and such loans shall be paid in not more
than ten years from their dates. Indebtedness incurred un-
der this act shall be within the statutory limitation, but
shall, except as provided herein, be subject to chapter forty-
four of the General Laws, inclusive of the limitation con-
tained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved March 5, 1946.
An Act relative to appropriations for school purposes nhnj) 1 06
IN THE CITY OF LYNN. ^'
Be it enacted, etc., as follows. '
Section 1. The paragraph of section one of chapter
one hundred and seventy-eight of the acts of nineteen
hundred and nine inserted by section one of chapter one
hundred and fifty-four of the acts of nineteen hundred and
thirty-seven is hereby amended by striking out, in the
eleventh line, the word "five" and inserting in place thereof
the word: — nine, — so as to read as follows: —
Notwithstanding the foregoing provisions of this section,
if in the opinion of the school committee amounts in excess
of the aggregate amount which would be available under
such provisions are necessary for the above named pur-
poses for any financial year, the school committee, by vote
of a majority of all its members taken by yeas and nays,
subject to the approval of the mayor, may increase appro-
priations for said purposes for such financial year, but the
total amount available for said purposes from all sources,
including taxation, balances of appropriations and mis-
cellaneous receipts, shall not exceed the sum of one million
nine hundred and fifty thousand dollars.
Section 2. Appropriations for the current year may be
made under section one of said chapter one hundred and
seventy-eight, as most recently amended by section one of
this act and as affected by section thirty of chapter forty-
four of the General Laws, at any time before the fixing of
the tax rate for the city of Lynn for the current year, not-
withstanding any provision therein contained.
82 Acts, 1946. — Chaps. 107, 108.
Section 3. Chapter sixty-three of the acts of nmeteen
hundred and forty-three is hereby repealed.
Section 4. This act shall take effect upon its passage.
Approved March 5, 1946.
Chap.107 An Act authorizing the city op chelsea to convey
CERTAIN LAND TO THE COMMONWEALTH.
Be it enacted, etc., as follows:
Section 1. The city of Chelsea is hereby authorized to
convey to the commonwealth by deed, without considera-
tion, a parcel of park land, so called, and shown on a plan
dated December twenty-fourth, nineteen hundred and forty-
five, by William S. Crocker, civil engineer, to be recorded
with said deed, such land being bounded and described ac-
cording to said plan as follows:
Northeasterly by Summit Ave., 1,160 feet;
Southeasterly by Lot 224, being the Fabens Lot, 141 feet;
Northeasterly again by the Fabens Lot, 50 feet;
Northwesterly by the Fabens Lot, 130.60 feet;
Easterly by a curving line forming the intersection of
Summit Ave. and Hillside Ave., 329.82 feet;
Southeasterly by land of Bernard Loughlin, 239.95 feet;
Westerly by a fence along land now or formerly of Foote,
40 feet;
Southwesterly by land now or formerly of Foote, Windsor,
city of Chelsea and Gale, 296.64 feet;
Westerly again by land of Edward F. Cotter and land of
James and Margaret Lewis, 109.09 feet;
Southeasterly by land of James and Margaret Lewis,
41.65 feet;
Southwesterly by Spruce St. and land now or formerly of
C. A. Denning, 116.05 feet;
Southeasterly by land now or formerly of C. A. Denning,
160.02 feet; and
Southwesterly by Lafayette Ave., 893.43 feet.
The total area described, including Lot 224, known as the
Fabens Lot, contains 462,719 square feet.
Section 2. Chapter four hundred and thuty-two of the
acts of nineteen hundred and forty-five is hereby repealed.
Section 3. This act shall take effect upon its passage.
Approved March 6, 1946,
C hap. lOS An Act empowering the city of Cambridge to appoint
A commissioner op public HEALTH AND DEFINING HIS
powers and duties.
Be it enacted, etc., as follows:
Section 1. The city of Cambridge is hereby empowered
to appoint a commissioner of pubhc health, hereinafter re-
ferred to as the commissioner. The term of ofl&ce and the
salary of the commissioner shall be fixed by the city council
Acts, 1946. — Chaps. 109, 110. 83
of said city. The appointment of the commissioner shall be
made by the city manager of said city and he shall be re-
movable in accordance with the applicable provisions of the
charter of said city. The commissioner shall be a physician
licensed to practice in the commonwealth.
Section 2. The commissioner shall have all the powers
and shall perform all the duties exercised or performed, im-
mediately prior to the effective date of this act, by the board
of health of said city under any law or ordinance pertaining
thereto, and shall perform any further duties and shall have
any further powers required of or conferred upon the board of
health of said city by law or ordinance or required of or con-
ferred upon boards of health of municipalities by law.
Section 3. Nothing herein contained shall be construed
to affect or modify the employment or status or rights of
any of the inspectors, clerks, nurses or other employees em-
ployed by the board of health of the city of Cambridge upon
said effective date.
Section 4. The board of health of the city of Cambridge
shall continue in office, and successors to the present mem-
bers shall be appointed from time to time as required by
law and shall consult with and advise the commissioner,
but shall not exercise any of the powers or perform any of
the duties required by law to be performed by the commis-
sioner. Approved March 5, 1946.
An Act repealing certain provisions of law deferrinq (7/j,ap,i09
THE REQUIREMENT THAT AUDITS OF ACCOUNTS OF CITIES ^'
AND TOWNS BE MADE ANNUALLY.
WhereaSf The deferred operation of this act would tend
to defeat its purpose by delaying audits essential to the wel-
fare of cities and towns, therefore it is hereby declared to be
an emergency law, necessary for the immediate preservation
of the pubHc convenience.
Be it enacted, etc., as follows:
Chapter twenty-nine of the acts of nineteen hundred and
forty-five is hereby amended by striking out section two.
Approved March 6, 1946.
An Act authorizing Cambridge savings bank to invest Chap. 110
A CERTAIN SUM OF MONEY IN THE IMPROVEMENT OP ITS
BUILDING IN THE CITY OF CAMBRIDGE USED FOR THE TRANS-
ACTION OF ITS BUSINESS.
Be it enacted, etc., as follows:
Section 1. Cambridge Savings Bank, incorporated under
the name of The Savings Institution in the Town of Cam-
bridge by chapter one hundred and ninety-one of the acts
of eighteen hundred and thirty-four and having its usual
place of business in the city of Cambridge, may, subject to
the approval of the commissioner of banks, invest in the
84 Acts, 1946. — Chaps. Ill, 112.
alteration or renovation of the building now owned by it in
said Cambridge and used for its business purposes a sum not
exceeding two hundred and fifty thousand dollars in addition
to any sums said bank has heretofore been authorized to
invest in connection with said building and the land on
which it is situated.
Section 2. This act shall take effect upon its passage.
Approved March 6, 1946.
Chap. Ill An Act further deferring the exercise by co-operative
BANKS OF THE PRIVILEGE OF CONVERTING INTO CERTAIN
FEDERAL AGENCIES.
Eme^ency Whereas, The principal purpose of this act is to postpone
further the taking effect of certain provisions of law con-
tained in section one of chapter two hundred and thirty-five
of the acts of nineteen hundred and forty-three and the
delayed taking effect of this act would prevent the achieve-
ment of such purpose, therefore it is hereby declared tolbe
an emergency law, necessary for the immediate preservation
of the pubhc convenience.
Be it enacted, etc., as follows:
Section two of chapter two hundred and thirty-five of the
acts of nineteen hundred and forty-three, as amended by
chapter one hundred and ninety-three of the acts of nineteen
hundred and forty-five, is hereby further amended by strik-
ing out, in the third line, the word "three", and inserting
in place thereof the word : — four, — 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-
operative bank during the period of four years immediately
following the effective date of this act.
Approved March 6, 1946.
Chap. 112 An Act relative to insurance policies of savings and
INSURANCE BANKS.
Be it enacted, etc., as folloivs:
Ed)'i78's 10. Section 1. Section ten of chapter one hundred and
etc!, 'ameAded. ' scventy-elght of the General Laws, as most recently amended
by section one of chapter three hundred and thirty of the
acts of nineteen hundred and thirty-five, is hereby further
amended by inserting after the word ''interest" in the thir-
teenth line, the following : — , or under a policy combining
decreasing term insurance in an amount not exceeding two
thousand dollars with life or endowment insurance in an
amount not exceeding one thousand dollars exclusive of
dividends or profits and in which the term insurance shall
decrease in amount at regular intervals so that no part of
said term insurance shall be in force beyond twenty years
from the date of issue of said policy, — so as to read as
po'u^res^or^ foUows i — Scction 10. No savlngs and insurance bank shall
Acts, 1946. — Chap. 113. 86
write any policy or annuity contract binding it to pay more annuity
than one thousand dollars, exclusive of dividends or profits, ''°''*''"'' "•
upon the death of any one person, except under such agree-
ment as it may make to pay an amount equal to a cash sur-
render value which may exceed one thousand dollars, and
except for such amount, if any, as it may be bound to pay
upon the death of such person under an employees' group
policy, or under an annuity contract embodying an agree-
ment to refund, upon the death of the holder, to his estate
or to a specified payee, a sum not exceeding the premiums
paid thereon with compound interest, or under a policy com-
bining decreasing term insurance in an amount not exceed-
ing two thousand dollars with life or endowment insurance
in an amount not exceeding one thousand dollars exclusive
of dividends or profits and in which the term insurance shall
decrease in amount at regular intervals so that no part of
said term insurance shall be in force beyond twenty years
from the date of issue of said policy, nor shall it write any
annuity contract otherwise binding it to pay in any one year
more than two hundred dollars, exclusive of dividends or
profits.
Section 2. The aggregate amount of savings bank life
insurance which may be issued or in force at any time on
any one life, in all savings and insurance banks, shall be
and remain the same as if this act had not been passed and
shall not exceed an aggregate amount which would be equal
to one thousand dollars in each savings and insurance bank,
exclusive of group insurance, dividends and profits.
Approved March 6, 1946.
An Act relative to the numbek of members of the
reserve police force in the city of beverly.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the provisions of section
twelve of chapter one hundred and forty-seven of the General
Laws, additional appointments may be made to the reserve
police force in the city of Beverl}'- untO the number of mem-
bers thereof reaches sixteen, but thereafter no new appoint-
ments shall be made to said force which would increase the
number of its members to more than the number fixed for
said city under said section twelve of said chapter one hun-
dred and forty-seven.
Section 2. This act shall take full effect upon its accept-
ance during the current year by vote of the board of alder-
men of said city, subject to the provisions of its charter, but
not otherwise. Approved March 6, 1946.
Chap. US
Acts, 1946. — Chaps. 114, 115.
Chap. 114: An Act repealing certain provisions of law deferring
THE ACCEPTANCE BY CITIES AND TOWNS OF A LAW PRO-
VIDING THAT THE HOURS OF DUTY OF PERMANENT MEMBERS
OF THEIR UNIFORMED FIRE FORCES SHALL NOT EXCEED
FORTY-EIGHT HOURS PER WEEK.
Be it enacted, etc., as follows:
Section two of chapter four hundred and thirteen of the
acts of nineteen hundred and forty-five is hereby repealed.
Approved March 6, 1946.
G. L. (Ter.
Ed.). 172A,
n«w I 6A,
added.
Receipt of
depoetta sub-
ject to with-
drawal by
check author-
ised under
certain
conditions.
Chap. 115 An Act authorizing certain banking companies to
RECEIVE DEPOSITS SUBJECT TO WITHDRAWAL BY CHECK.
Be it enacted, etc., as follows:
Section 1. Chapter one hundred and seventy-two A of
the General Laws is hereby amended by inserting after sec-
tion six, as amended, the following section: — Section 6 A.
Subject to the limitations hereinafter provided, any such
corporation which shall have been authorized under sec-
tion one to do the business of a banking company may, dur-
ing such time as it shall have membership in the Federal
Deposit Insurance Corporation, referred to in paragraph (c)
of section forty-eight of chapter one hundred and seventy-
two, inserted by chapter two hundred and seventy-six of the
acts of nineteen hundred and thirty-seven, receive deposits
of money payable on demand and subject to withdrawal by
check or similar order, such deposits being referred to in
this chapter as demand deposits, and may give such col-
lateral or other security for deposits of federal, state and
municipal governments and agencies thereof as may be re-
quired by the governmental authority making such deposits
or controlling the terms under which they may be made.
The total of the indebtedness of any such corporation to
any individual, estate, trust, corporation, association or part-
nership on account of collected balances of deposits received
under authority of this section shall not at any time exceed
ten thousand dollars ; but this limitation shall not apply to de-
posits received from said governments and agencies thereof
and from banking institutions and charitable and religious
organizations. No such corporation shall receive or have at
any time aggregate deposits under this section which, to-
gether with certificate funds referred to in section five,
would be in excess of ten times the total of its capital, sur-
plus, undivided profits and unallocated reserves; except that
pledged certificate funds referred to in section five, interest
on certificate funds whether or not so pledged and secured
deposits of governments and agencies thereof hereinbefore
referred to, shall not be included in the aggregate deposits
of such corporation for the purposes of this provision.
Section 2. Section seven of said chapter one hundred
and seventy-two A, appearing in section four of chapter four
hundred and fifty-two of the acts of nineteen hundred and
O. L. (Ter.
Ed.). 172A, I 7,
etc., amended.
Acts, 1946. — Chap. 116. 87
thirty-five, is hereby amended by striking out the prelimi-
nary sentence, contained in the first three lines, and insert-
ing in place thereof the following sentence : — The capital, f^"tT*°^
surplus, certificate and other funds and income derived regulated.'
therefrom of such corporation shall be invested only as fol-
lows: —
Section 3. Section ten of said chapter one hundred and EdJ.iwA.
seventy-two A, appearing in said section four of said chap- i lo.'eto., '
ter four hundred and fifty-two, is hereby amended by in- '"°*'' '
serting after the word "least" in the second line the words:
— fifteen per cent of the aggregate amount of its demand
deposits, referred to in section six A, and, — so that the
first sentence will read as follows: — Every such corpora- Reserves,
tion shall at all times have on hand as a reserve an amount
equal to at least fifteen per cent of the aggregate amount of
its demand deposits, referred to in section six A, and five
per cent of the aggregate amount of its certificate funds, ex-
clusive of all certificate funds in any manner pledged to it
as security for loans. Approved March 6, 1946.
An Act authorizestg the city of Cambridge to sell Chap. IIQ
CERTAIN LAND NEAR THE CHARLES RIVER.
Be it enacted, etc., as follows:
Section one of chapter three hundred and ninety-three of
the acts of nineteen hundred and thirteen, as most recently
amended by chapter seventy-nine of the Special Acts of
nineteen hundred and nineteen, is hereby further amended
by adding at the end the two following sentences: — Said
city is hereby further authorized, by vote of its city council
upon the recommendation of its city manager and its in-
dustrial commission, to sell all or any part of such land.
The proceeds of any such sale or sales shall be paid into the
treasury of said city and shall be subject to appropriation
for any purpose or purposes for which said city is authorized
to incur debt for a period of ten years or more, — so as to
read as follows : — Section 1 . The city of Cambridge, by
vote of its city council, is hereby authorized to alter the use
of all or any part of such land taken by it under authority
of chapter three hundred and forty-one of the acts of the
year eighteen hundred and ninety-two, and by chapter
three hundred and thirty-seven of the acts of the year
eighteen hundred and ninety-three, as borders on the Charles
river between Lechmere canal and Broad canal, may main-
tain a pubHc dock or wharf thereon and in the manner
hereinafter specified may lease said land or any part of it
for wharves, terminals, and aU other commercial purposes
for periods not exceeding ninety-nine years. Said city is
hereby further authorized, by vote of its city council upon
the recommendation of its city manager and its industrial
commission, to sell all or any part of such land. The pro-
88 Acts, 1946. — Chaps. 117, 118.
ceeds of any such sale or sales shall be paid into the treasury
of said city and shall be subject to appropriation for any
purpose or purposes for which said city is authorized to
incur debt for a period of ten years or more.
Approved March 7, 1946.
Chap. 117 -^N AC'^ RELATIVE TO SEWER BETTERMENT ASSESSMENTS
IN THE TOWN OF NORTH ANDOVER.
Be it enacted, etc., as follows:
Section 1. Chapter three hundred and eighty of the
acts of nineteen hundred and six is hereby amended by
striking out section six, as most recently amended by chap-
ter twenty-three of the acts of nineteen hundred and twenty-
one, and inserting in place thereof the following section : —
Section 6. The owners of estates benefited by and abutting
on any streets or ways, public or private, in which sewers
shall be laid under the provisions of this act, shall pay to
said town toward defraying the cost of said sewer system
or systems of sewerage and sewage disposal an assessment
or betterment charge not exceeding in amount the sum of
two cents per square foot of area within the depth of one
hundred feet from the line of such street or way. In the
case of comer estates abutting on more than one sewered
street the same area shall not be assessed twice. No estate
shall be deemed benefited unless or until a sewer has been
constructed into which it can be drained. The remainder
of the cost of said system or systems shall be borne by the
town. No particular or other sewers from any estate or
part of an estate not already assessed or not liable to assess-
ment, as provided above, shall be entered into a common
sewer, except upon the payment of such an assessment and
upon such other terms and conditions as the board of public
works shall determine.
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 town meeting,
but not otherwise. Approved March 7, 1946.
ChaV. lis ^^ ^^'^ AUTHORIZING MUNICIPALITIES TO REVOKE THEIR
ACCEPTANCE OF LAWS PROVIDING FOR ABSENT VOTING
AT REGULAR MUNICIPAL ELECTIONS.
Be it enacted, etc., as follows:
Ed^M*"^ Section one hundred and three A of chapter fifty-four of
i ib3A. etc., the General Laws, as most recently amended by chapter
amended. ^^^ hundred and fifty-two of the acts of nineteen hundred
and thirty-nine, is hereby further amended by adding at
the end the following paragraph: —
Revocation. Thc acccptancc of this section may be revoked by any
city by vote of its city council, subject to the provisions of
its charter, at a meeting held not less than ninety days
before a regular city election and by any town by vote of
Acts, 1946. — Chaps. 119, 120.
the town at any annual meeting or any special meeting
called for the purpose and held not less than ninety days
before an annual meeting; and after any such revocation
the preceding paragraphs of this section shall not apply in
such city or town. Approved March 7, 1946.
An Act relative to the rate of interest to be charged QJi^j) i\g
ON CERTAIN SMALL LOANS. ^'
Be it enacted, etc., as follows:
Section one hundred of chapter one hundred and forty of Ed^/^^'jioo
the General Laws, as appearing in the Tercentenary Edi- amended!
tion, is hereby amended by striking out, in the fifth line, the
word "three" and inserting in place thereof the word: —
two, — so as to read as follows: — Section 100. He shall j^**^g°[
establish the rate of interest to be collected, and in fixing
said rate shall have due regard to the amount of the loan,
and the nature of the security, and the time for which the
loan is made; but the total amount to be paid on any loan
for interest and expenses shall not in the aggregate exceed
an amount equivalent to two per cent a month on the
amount actually received by the borrower, computed on un-
paid balances; and no licensee or company or association to
which sections ninety-six to one hundred and twelve, in-
clusive, apply shall charge or receive upon any loan a greater
rate of interest than that fixed b}^ the commissioner. No
charge, bonus, fee, expense or demand of any nature what-
soever, except as above provided, shall be made upon loans
to which said sections relate. Approved March 11, 1946.
An Act to provide for the maintenance of the barn- fhnjj 120
STABLE COUNTY SANATORIUM. ^'
Be it enacted, etc., as follows:
Section 1. The trustees of the Barnstable county sana-
torium, established under chapter one hundred and fifty-
three of the General Acts of nineteen hundred and fifteen,
as amended, shall provide for the maintenance, operation
and repair of said sanatorium, and the support of patients
thereat. For said purposes the county commissioners of the
county of Barnstable shall include in the annual estimates
required by section twenty-eight of chapter thirty-five of the
General Laws the estimate of said trustees of the amount
required for said purposes for the ensuing year, and the trus-
tees may expend for said purposes such sums as the general
court may authorize in the annual appropriation for county
expenses.
Section 2. Section twenty-eight A of chapter thirty-five
and section eighty-five of chapter one hundred and eleven,
both of the General Laws, shall not apply to Barnstable
county.
90 Acts, 1946. — Chaps. 121, 122.
Section 3. Chapter two hundred and twenty-nine of the
General Acts of nineteen hundred and eighteen is hereby-
repealed.
Section 4. This act shall take effect as of January first
in the current year. Approved March 11, 1946.
Chap. 121 An Act providing maintenance allowance for deputy
SHERIFFS ACTING AS MASTERS OR KEEPERS OF JAILS OR
HOUSES OF CORRECTION.
Be it enacted, etc., as follows:
EdJ," a?!*!' 17. Section seventeen of chapter thirty-seven of the General
etc.". 'amended! Laws, as amended by chapter sixty-three of the acts of nine-
teen hundred and forty-five, is hereby further amended by
inserting after the word "act" in the fifth line the words:
— , or his deputy acts, — so as to read as follows : — Sec-
Saiaries, etc., tioTi 17. The Salaries of sheriffs shall be paid by their re-
orde^y spective counties and shall, except as hereinafter provided,
•heriffs. be in full compensation for all services rendered both as
sheriff and as master or keeper of the jail or house of cor-
rection. If a sheriff elects to act, or his deputy acts, as mas-
ter 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 11, 1946.
Chap. 122 An Act relative to the amount that may be invested
BY A savings bank IN BANKING PREMISES AND IN AL-
TERATIONS IN AND ADDITIONS TO BANKING PREMISES
OWNED OR LEASED BY SUCH A BANK.
Be it enacted, etc., as follows:
o. L. (T^. Section fifty-four of chapter one hundred and sixty-eight
•minded." ' of the General Laws is hereby amended by striking out
clause eleventh, as appearing in the Tercentenary Edition,
and inserting in place thereof the following clause: —
Bank Eleventh. Subject to the following provisions of this
"** clause, any such corporation may invest in the purchase of a
suitable site and the erection or preparation of a suitable
building for the convenient transaction of its business and
in alterations in and additions to a bank building owned by
it sums not exceeding, in the aggregate, its guaranty fund
and undivided earnings, or five per cent of its deposits, or
two hundred thousand dollars, whichever is the lesser. All
such investments, except an investment in such alterations
or additions involving an expense of ten thousand dollars or
less, shall be made subject to the approval of the commis-
sioner. The amount hereinbefore authorized to be invested
by such a corporation in a bank building and alterations
therein and additions thereto shall from time to time be m-
Acts, 1946. — Chap. 123. 91
creased by all sums realized by it from any sale or other dis-
posal of such a building or any part thereof and by sums
charged off by it for depreciation, obsolescence or amortiza-
tion, to the extent approved by the commissioner. Any such
corporation may, with the approval of the commissioner, ex-
pend sums not exceeding, in the aggregate, one fifth of one
per cent of its deposits or fifty thousand dollars, whichever
is the lesser, for alterations in, or additions to, any premises
leased by it for the transaction of its business; provided,
that the amount so authorized to be expended shall from
time to time be increased by sums charged off by it for de-
preciation, obsolescence or amortization, to the extent ap-
proved by the commissioner. Approved March 11, 1946.
An Act relative to the amount that may be invested (J}i(ij)i2^
BY A CO-OPERATIVE BANK IN BANKING PREMISES AND IN ^'
ALTERATIONS IN AND ADDITIONS TO BANKING PREMISES
OWNED OR LEASED BY SUCH A BANK.
Be it enacted, etc., as follows:
Chapter one hundred and seventy of the General Laws is g. l. (Ter.
hereby amended by striking out section thirty-nine, as etc!, ameAded. *
amended by chapter seventy-seven of the acts of nineteen
hundred and forty-one, and inserting in place thereof the
following section: — Section 39. Subject to the following Bajk
provisions of this section, any such corporation may invest ^ "^^
in the purchase of a suitable site and the erection or prepa-
ration of a suitable building for the convenient transaction
of its business and in alterations in and additions to a bank
building owned by it sums not exceeding, in the aggregate,
its surplus and guaranty fund accounts or two and one half
per cent of its share Uabilities, whichever is the lesser. All
such investments, except an investment in such alterations
or additions involving an expense of ten thousand dollars or
less, shall be made subject to the approval of the commis-
sioner, but no such approval shall be granted with respect to
such alterations or additions costing more than one hundred
thousand dollars. The amount hereinbefore authorized to
be invested by such a corporation in a bank building and
alterations therein and additions thereto shall from time to
time be increased by all sums realized by it from any sale or
other disposal of such a building or any part thereof and
by sums charged off by it for depreciation, obsolescence or
amortization, to the extent approved by the commissioner.
Any such corporation may, with the approval of the commis-
sioner, expend sums not exceeding, in the aggregate, its sur-
plus and guaranty fund accounts or one half of one per cent
of its share liabilities, whichever is the lesser, for alterations
in, or additions to, any premises leased by it for the transac-
tion of its business; provided, that the amount so author-
ized to be expended shall from time to time be increased by
sums charged off by it for depreciation, obsolescence or
92
Acts, 1946. — Chaps. 124, 125.
amortization, to the extent approved by the commissioner.
For the purposes of this section, the share Uabilities of such
a corporation shall include its liabilities to the owners of
share savings accounts. Approved March 11, 1946.
Chap.l24i An Act authorizing certain fraternal benefit socie-
ties TO PAY PENSIONS TO THEIR EMPLOYEES IN CERTAIN
G. L. (Ter.
Ed.). 176, new
i 49A. added.
Payment of
pension to
certain
employees.
Be it enacted, etc., as follows:
Chapter one hundred and seventy-six of the General Laws
is hereby amended by inserting after section forty-nine the
following section: — Section 49 A. Any society operating on
the lodge system with a representative form of government,
except a society operating under section forty-six, whose
rates are on a basis of mortality not lower than the National
Fraternal Congress Table as adopted by the National Fra-
ternal Congress, August twenty-third, eighteen hundred and
ninety-nine, if its constitution and by-laws so provide, may
pay a pension to any employee who has been continuously in
the service of the society for ten years or more and who has
become incapacitated for further service by reason of physi-
cal or mental disability, and may pay a pension to any em-
ployee who has been continuously in the service of the society
for fifteen years or more and who is retired by reason of the
infirmities of age or has attained the age of sixty-five years.
All moneys expended for the purposes of this section shall
be paid from the expense fund of the society.
Approved March 11, 1946.
G. L. (Ter.
Ed.). 175. i 65
amended.
Chap.125 An Act authorizing domestic life insurance companies
TO invest in real estate mortgages insured under
THE national HOUSING ACT.
Be it enacted, etc., as follows:
Section sixty-five of chapter one hundred and seventy-
five of the General Laws, as appearing in the Tercentenary
Edition, is hereby amended by adding at the end the follow-
ing: — ; provided, that any domestic life company may
make and acquire loans secured by mortgages on real estate
within or without the commonwealth insured by the Federal
Housing Administrator under the provisions of the National
Housing Act or of any act in amendment thereof or in addi-
tion thereto, and may obtain such insurance, — so as to
read as follows: — Section 65. No domestic company shall,
except in effecting the sale of real estate owned by it, and
then only with the approval of the commissioner, invest
any of its funds in loans upon mortgages except upon the
conditions expressed in the seventh paragraph of section
sixty-three; provided, that any domestic life company may
make and acquire loans secured by mortgages on real estate
within or without the commonwealth insured by the Federal
Certain loans
on mortgages.
Acts, 1946. — Chap. 126. 93
Housing Administrator under the provisions of the National
Housing Act or of any act in amendment thereof or in
addition thereto, and may obtain such insurance.
Approved March 11, 1946.
An Act relative to the making by banking and insur- q^qjj 126
ance companies of loans to veterans of world war ii ^'
guaranteed or insured by the administrator of
veterans' affairs.
Whereas, The deferred operation of this act would tend ^^^^^^J^^
to defeat its purpose, which is to make available without ^"^^^"^
delay to qualifying veterans of World War II the additional
benefits of the Act of Congress known as the Servicemen's
Readjustment Act of 1944 which became available to them
on December 28, 1945, therefore, it is hereby declared to be
an emergency law, necessary for the immediate preservation
of the public convenience.
Be it enacted, etc., as follows:
Section 1. Section one of chapter forty-six of the acts
of nineteen hundred and forty-five is hereby amended by
striking out, in the ninth line, the word "five" and inserting
in place thereof the word : — ten, — by inserting after the
word "guaranteed" in the twelfth line the words: — or in-
sured, — and by inserting after the word "guaranties", in the
sixteenth and seventeenth lines, the words : — or insurance,
— so as to read as follows: — Section 1. Subject to such
regulations as the commissioner of banks deems to be neces-
sary 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 organized under the laws of
this commonwealth is authorized, for a period ending ten
years after the termination of the present states of war be-
tween 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 or insured in whole or
in part by the administrator of veterans' affairs or his suc-
cessor 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 guaranties or
insurance.
Section 2. Section two of said chapter forty-six is
hereby amended by inserting after the word "guaranteed"
in the tenth line the words: — or insured, — so as to read
as follows : — Section 2. During the period that the pro-
visions of this act are in force and effect, and, with respect
to the obligation of any contract entered into during said
period under the provisions of this act, for the life of said
obligation, no provision of law limiting the power of a trust
Itreamble.
94 Acts, 1946. — Chaps. 127, 128.
company, savings bank, co-operative bank, credit union or
insurance company organized under the laws of this com-
monwealth 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 or insured in whole or in
part by the administrator of veterans' affairs.
Approved March 12, 1946.
Chap.127 An Act to suspend until april first, nineteen hundred
AND FORTY-SEVEN, CERTAIN PROVISIONS OF THE LABOR
LAWS RELATING TO THE HOURS OF EMPLOYMENT OF WOMEN
AND CHILDREN IN THE MANUFACTURE OF TEXTILE GOODS,
AND TO THEIR MEAL PERIOD.
Whereas, The threat of competition to the textile in-
dustry in this commonwealth is such that immediate sus-
pension of certain labor laws is required, 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:
In the manufacture of textile goods, no male under eighteen
and no female shall be employed before six o'clock in the
morning or after eleven o'clock in the evening, and no per-
son under eighteen and no female eighteen or over shall be
employed for more than six hours at one time without an
interval of at least thirty minutes for a meal, but if the
establishment is run on a one shift basis the meal period
shall be at least forty-five minutes.
Any employer, superintendent, overseer, agent or other
person who violates any provision of this act shall be pun-
ished for a first offence by a fine of not less than fifty nor
more than one hundred dollars, and for a subsequent offence
by a fine of not less than one hundred nor more than two
hundred dollars or by imprisonment for not more than two
months, or both.
This act shall remain in effect until April first, nineteen
hundred and forty-seven, and until said date the provisions
of sections fifty-nine, sixty-six and one hundred of chapter
one hundred and forty-nine of the General Laws shall not
apply in the case of the manufacture of textile goods.
Approved March 12, 1946.
Chap. 12S An Act authorizing the use of facsimiles of the seal
OF THE commonwealth ON BONDS AND NOTES OF THE
COMMONWEALTH.
^n^\^ Whereas, The deferred operation of this act would pre-
pream e. ^^^^ ^^^ accomplishment of one of its purposes, which is
to provide for more expeditious delivery of bonds and notes
to the purchasers after sale of the same, therefore it is hereby
declared to be an emergency law, necessary for the immediate
preservation of the public convenience.
Acts, 1946. — Chap. 129. 95
Be it enacted, etc., as follows:
Section forty-eight A of chapter twenty-nine of the Gen- g. l. (Ter.
eral Laws, inserted by chapter two hundred and fifty-two of ftcil'ameldtdt'
the acts of nineteen hundred and thirty-seven, is hereby
amended by adding at the end the following: — , and fac-
similes of the seal of the commonwealth may be used on
bonds and notes of the commonwealth and shall have the
same validity and effect as though said seal were impressed
thereon, — so as to read as follows: — Section 48 A. Fac- Facaimiie
similes of the signature of the governor on original issues signatures.
or transfers of bonds or notes of the commonwealth shall
have the same validity and effect as his written signature,
and facsimiles of the seal of the commonwealth may be
used on bonds and notes of the commonwealth and shall
have the same validity and effect as though said seal were
impressed thereon. Approved March 12, 1946.
An Act authorizing savings banks to invest not ex- (jhnj) 199
CEEDING THREE PER CENT OF THEIR DEPOSITS IN URBAN ^'
REDEVELOPMENT PROJECTS.
Be it enacted, etc., as follows:
Chapter one hundred and twenty-one A of the General gj^/J^X
Laws, inserted by chapter six hundred and fifty-four of the new '§ isa,'
acts of nineteen hundred and forty-five, is hereby amended ^'^'^^'^■
by inserting after section eighteen the following section : —
Section 18 A. A savings bank incorporated in this common- savings bank
wealth, subject to such regulations as the commissioner of participation,
banks deems necessary or advisable, may, either alone or
in conjunction with one or more other savings banks, under-
take one or more projects under this chapter. The provisions
of section eighteen shall, so far as apt, be applicable to such
savings bank or savings banks, except that the board of
investment of a savings bank shall have the powers and
duties granted to or imposed upon directors of an insurance
company under said section. No investment shall be made
by a savings bank under this section if thereby the total
amount invested by such savings bank pursuant to this
section would exceed three per cent of the deposits of such
savings bank. Approved March 12, 1946.
The Commonwealth of Massachusetts,
Executive Department, State House,
Boston, April 10, 1946.
Honorable Frederic W. Cook, Secretary of the Commonwealth.
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 convenience requires that the law passed on the
96 Acts, 1946. — Chap. 130.
12th day of March in the year nineteen hundred and forty-
six entitled, "An Act authorizing Savings Banks to Invest
not exceeding Three Per Cent of Their Deposits in Urban
Redevelopment Projects" should take effect forthwith and
that it is an emergency law and that the facts constituting
the emergency are as follows:
An acute shortage of housing exists in many of the cities
and towns of the Commonwealth, and it is urgent that the
provisions of the act take effect at once so that savings banks
may undertake immediately urban development projects
under authority granted by the act and thus aid in relieving
said shortage of housing.
Very truly yours,
Maurice J. Tobin,
Governor of the Commonwealth.
Office of the Secretary, Boston, April 10, 194G.
I hereby certify that the accompanying statement was filed
in this office by His Excellency the Governor of the Com-
monwealth of Massachusetts at eleven o'clock and forty-five
minutes, a.m., on the above date, and in accordance with
Article Forty-eight of the Amendments to the Constitution
said chapter takes effect forthwith, being chapter one hun-
dred and twenty-nine of the acts of nineteen hundred and
forty-six.
F. W. Cook,
Secretary of the Commonwealth.
Chap. ISO ^^ ^'^^ RELATIVE TO THE EXAMINATION AND CERTIFICATION
OF RECORDS OF VOTES CAST FOR REPRESENTATIVE IN THE
GENERAL COURT.
Be it enacted, etc., as follows':
K'<L)'.s!^Ti, Section 1. Chapter three of the General Laws is hereby
ameAded. ' amended by striking out section one, as appearing in the
Tercentenary Edition, and inserting in place thereof the
make*aSd*** following section: — Section 1. The state secretary shall
deliver lists rcceivc the copies of records of votes cast for representatives
ret^n^"!' to the general court and shall lay such copies of records
before the governor and council. On or before the Tuesday
next preceding the first Wednesday of January following a
state election he shall deliver to the sergeant-at-arms a cer-
tified copy of the list of the persons who appear to be elected
as representatives to the general court as shown on the
certificate of examination of the copies of the records of
votes cast as tabulated by the governor and council and
transmitted to him, and upon receiving any further such
certificate of examination before the house of representatives
is called to order he shall immediately transmit a certified
. copy of such certificate to the sergeant-at-arms. The state
secretary shall also transmit to the house of representatives
as soon as the members are called to order a certified copy
Acts, 1946. — Chap. 131. 97
of each certificate of examination of the copies of records of
votes cast as tabulated by the governor and council and
transmitted to him.
Section 2. Section one hundred and twelve of chapter g. l. (Ter.
fifty-four of the General Laws, as most recently amended ^tt! 'amended^'
by section three of chapter thirty-one of the acts of nineteen
hundred and thirty-nine, is hereby further amended by
striking out the first sentence and inserting in place thereof
the following sentence : — The clerk of each city and town, Transmiesion
within ten days, and in Boston the election commissioners, tary^ofcopies
within fifteen days, after the day of any election therein for of records
, . -^ ' i. J. • • of votes.
a senator m congress, representative m congress, governor,
lieutenant governor, councillor, state secretary, state treas-
urer, state auditor, attorney general, clerk of courts, register
of probate and insolvency, sheriff, district attorney, senator
or representative in the general court, or for presidential
electors, shall transmit to the state secretary copies of the
records of votes cast for such officers, together with copies
of the records of votes cast on any constitutional amendment,
law or proposed law, and on any question submitted to them
by statute in any senatorial or representative district or in
two or more cities or towns.
Section 3. Section one hundred and sixteen of said g.l. (Ter ^^^
chapter fifty-four, as appearing in the Tercentenary Edi- amended,
tion, is hereby amended by striking out the first sentence
and inserting in place thereof the following sentence : — The certification
governor shall, in the presence of at least five councillors, "/gue^oJ**"
certify to the results of the examination of the copies of the summonses.
records of votes cast for governor and lieutenant governor,
for councillors, for state secretary, state treasurer, state
auditor and attorney general, and for senators and repre-
sentatives in the general court, and shall issue his summons
to such persons as appear to be chosen to said offices.
Section 4. Sections one hundred and twenty-four to g. l. (Ter.
one hundred and twenty-eight, inclusive, of said chapter j^j^i2/toi28.
fifty-four, as appearing in the Tercentenary Edition, are inc., repealed.
hereby repealed.
Section 5. Section one hundred and forty-one of said ^j^^-^pj 141^
chapter fifty-four, as most recently amended by section one etc.. 'amended. '
of chapter twenty of the acts of nineteen hundred and
forty-six, is hereby further amended by striking out the first
paragraph, as appearing in section sixteen of chapter five
hundred and eight of the acts of nineteen hundred and
thirty-nine. Approved March 12, 1946.
Chap.131
An Act authorizing in certain cases the showing or
exhibiting or horses -whose tails have been set or
docked.
/)*e it enacted, etc., as follows:
Chapter two hundred and seventy-two of the General Ed.^272r
Laws is herebj'' amended by striking out section seventy- § 79b. etc.,
98
Acts, 1946. — Chap. 132.
Exhibition of
mutilated
horses for-
bidden except
under certain
conditions.
nine B, inserted by section one of chapter two hundred and
thirty-four of the acts of nineteen hundred and thirty-four,
and inserting in place thereof the following section: —
Section 79B, Whoever shows or exhibits at any horse show
or exhibition in the commonwealth a horse with its tail cut
in either manner prohibited in section seventy-nine A shall
be punished by a fine of not more than two hundred and
fifty dollars; provided, that this section shall not apply to
the showing or exhibiting at such a show or exhibition of a
horse with its tail cut in either manner prohibited by sec-
tion seventy-nine A, if the owner of such horse furnishes to
the manager or other official having charge of the horse show
or exhibition at which such horse is shown or exhibited an
affidavit by the owner, in a form approved by the director
of the division of livestock disease control of the department
of agriculture, that the tail of such horse was so cut in a
state wherein such cutting was not then specifically pro-
hibited by the laws thereof and while the horse was actually
owned by a legal resident of such state. Said affidavit shall
state the year of such cutting, the name of the state wherein
the cutting was done, and the sex and age of the horse,
shall describe the markings of the horse, if any, and shall be
subject to inspection by any officer or agent mentioned in
section eighty-four. Approved March 12, 1946.
Chap. 132 An Act relative to the salaries of the mayor and city
COUNCIL OF THE CITY OF NEW BEDFORD.
Be it enacted, etc., as follows:
Section 1. The mayor of the city of New Bedford shall
receive for his services such salary as the city council thereof
by ordinance shall determine, not exceeding sixty-five hun-
dred dollars, notwithstanding the provisions of section sixty-
two of chapter forty-three of the General Laws.
Section 2. The city council of said city may, by a two
thirds vote of all its members taken by call of the yeas and
nays, establish a salary for its members not exceeding seven
hundred and fifty dollars each, notwithstanding the pro-
visions of said section sixty-two.
Section 3. There shall be placed upon the official ballot
to be used at the biennial municipal election in said city in
the year nineteen hundred and forty-seven the following
questions : —
Question (1). "Shall the mayor of this city receive for
his services such salary as the city councU by ordinance may
determine, not exceeding sixty-five hundred dollars?"
Question (2). "Shall the city council of this city be
authorized to establish, by a two thirds vote of all its mem-
bers, a salary for its members not exceeding seven hundred
and fifty dollars each?"
If a majority of the votes in answer to Question (1) is in
the affirmative, then section one of this act shall take full
effect, but not otherwise.
Acts, 1946. — Chaps. 133, 134. 99
If a majority of the votes in answer to Question (2) is in
the affirmative, then section two of this act shall take full
effect, but not otherwise. Approved March 13, 1946.
An Act relative to the salaries of the mayor and Chap. ISS
THE city council IN THE CITY OF PEABODY.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the provisions of section
eight of chapter three hundred of the Special Acts of nine-
teen hundred and sixteen, the mayor of the city of Peabody
shall receive for his services such salary as the city council
by ordinance shall determine, not exceeding thirty-five hun-
dred dollars a year, and he shall receive no other compensa-
tion from the city. His salary shall not be increased during
the year in which the increase is voted, nor shall it be
diminished during the term for which he is elected.
Section 2. Notwithstanding the provisions of said sec-
tion eight of said chapter three hundred, the city council
of said city may, by a two thirds vote of all its members,
taken by call of the yeas and nays, establish a salary for its
members not exceeding five hundred dollars each a year.
Such salary may be reduced, but no increase therein shall
be made to take effect during the year in which the increase
is voted.
Section 3. There shall be placed upon the official ballot
to be used at the biennial state election in said city in the
current year the following questions : —
Question (1). "Shall the mayor of this city receive for
his services such salary as the city council by ordinance
shall determine, not exceeding thirty-five hundred dollars?"
Question (2). "Shall the city council of this city be au-
thorized to establish, by a two thirds vote of all its members,
a salary for its members not exceeding five hundred dollars
each?"
If a majority of the votes in answer to Question (1) is in
the affirmative, then section one of this act shall take full
effect, but not otherwise.
If a majority of the votes in answer to Question (2) is in
the affirmative, then section two of this act shall take full
effect, but not otherwise. Approved March 13, 1946.
An Act relative to the issue of notes in anticipation (7/^flr> 134
OF RECEIPTS FROM TAXES UNDER THE VETERANS' BONUS ^'
ACT, so CALLED.
Whereas, In order to obtain funds necessary to meet ^^^^^iT^
promptly the pajonents provided for by the veterans* ^^^^^
bonus act, so called, it is essential that this act take effect
forthwith, therefore it is hereby declared to be an emer-
gency law, necessary for the immediate preservation of the
public convenience.
100 Acts, 1946. — Chaps. 135, 136.
Be it enacted, etc., as follows:
Section 1. Chapter seven hundred and thirty-one of
the acts of nineteen hundred and forty-five is hereby amended
by striking out section twelve and inserting in place thereof
the following section: — Section 12. The state treasurer
may borrow from time to time on the credit of the common-
wealth, in anticipation of receipts from the taxes imposed
by this act, such sums of money as may be necessary for
the payment of the expenditures authorized thereby, and
may issue and renew from time to time notes of the com-
monwealth therefor, bearing interest payable at such times
and at such rates as shall be fixed by the state treasurer.
Such notes shall be issued and may be renewed one or more
times for such terms, not exceeding one year, as the gov-
ernor may recommend to the general court in accordance
with section 3 of Article LXII of the amendments to the
constitution of the commonwealth, but the final maturities
of such notes, whether original or renewal, shall be not
later than June thirtieth, nineteen himdred and forty-nine.
Section 2. Said chapter seven hundred and thirty-one
is hereby further amended by striking out section thirteen
and inserting in place thereof the following section: —
Section 13. The proceeds of taxes assessed under this act
shall be used to meet the payments authorized hereunder
or to pay principal and interest on account of notes issued
imder section twelve. Approved March 14, 19^6.
Chap.lSd An Act providing for the payment of compensation
TO members of the south ESSEX SEWERAGE BOARD
DURING THE PROSECUTION OF CERTAIN CONSTRUCTION
WORK BY SAID BOARD.
Be it enacted, etc., as follows:
Section 1. Chapter four hundred and thirty-one of the
acts of nineteen hundred and forty-five is hereby amended
by inserting after section one the following section: —
Section lA. Each of the unpaid members of the board
shall receive from the South Essex sewerage district during
the prosecution of the construction work authorized by
this act such compensation, at a rate of not more than five
hundred dollars per annum, as the governor and council
may determine.
Section 2. This act shall take effect upon its passage.
Approved March 14, 1946.
Chap. ISQ An Act authorizing the boston dispensary to give,
CONVEY AND TRANSFER CERTAIN OF ITS ASSETS TO THE
BINGHAM ASSOCIATES FUND OF MASSACHUSETTS.
Be it enacted, etc., as follows:
The Boston Dispensary, a charitable corporation organ-
ized and existing under the laws of Massachusetts, is hereby
Acts, 1946. — Chaps. 137, 138. 101
authorized and empowered to give, convey and transfer,
with or without consideration therefor, to the Bingham
Associates Fund of Massachusetts, a charitable corporation
organized and existing under said laws, all land and interests
in land owned by it which is situated in that part of the
city of Boston bounded by Bennet street, Harrison avenue,
Harvard street and Washington street, together with all
buildings thereon and appurtenances thereto, including the
building occupied by the Joseph H. Pratt Diagnostic Hospi-
tal, and together with all fixtures, appliances, equipment
and personal property located in said building or used in
connection with said hospital, and all moneys, securities,
receivables, rights, privileges and intangible assets inci-
dental to said hospital. Approved March 14, 1946.
An Act reviving the corporation known as boston Chap. IS7
MEDICAL engineers, INC.
Be it enacted, etc., as follows:
Boston Medical Engineers, Inc., a corporation dissolved
by section one of chapter one hundred and eighty-seven of
the acts of nineteen hundred and thirty-four, is hereby
revived and continued with the same powers, duties and
obUgations as if said chapter had not been passed; pro-
vided, that the foregoing provisions of this act shall not
take effect until there shall have been filed in the office of
the commissioner of corporations and taxation an agree-
ment satisfactory to said commissioner and to the mayor
of the city of Boston, in form approved by the attorney
general, for the payment in full of all taxes owed to the
commonwealth and to said city by said corporation prior
to its dissolution, whether or not subsequently abated as
uncollectible, together with interest thereon to the date of
payment. Approved March 14, 1946.
An Act to authorize the first parish of Rochester to Qhav.lSS
convey and transfer its real estate and personal
property to the first congregational church of
rochester, massachusetts.
Be it enacted, etc., as follows:
Section 1. The First Parish of Rochester, acting tlirough
its parish committee, is hereby authorized to grant, transfer,
assign and convey all property, real and personal, owned
or held by it to The First Congregational Church of Roches-
ter, Massachusetts, a corporation duly estabhshed by the
laws of the commonwealth; provided, that such conveyance
and transfer is authorized by a majority present and voting
at a meeting of the legal voters of the town of Rochester
residing within the territorial Umits of such parish, such
meeting to be called and held as hereinafter stated.
Section 2. For the purposes stated in section one and
in this section, the clerk of the First Parish of Rochester,
as now organized, shall call a meeting of the legal voters
102 Acts, 1946. — Chap. 139.
residing within the territorial limits of the First Parish of
Rochester by posting a notice thereof, signed by him, not
less than seven days before the day fixed for the meeting
at three public places within the parish, one of which shall
be the main entrance of said church. Such notice shall
state the purposes of the meeting. The moderator of such
First Parish as now organized shall preside and the clerk
thereof shall keep the records. At this meeting, if the notice
so provides, a majority of the legal voters present and
voting may elect as members of the First Parish of Rochester
any persons qualified by law to act as such members and
may elect a moderator, a clerk, a treasurer and a parish
committee of three or may ratify and confirm the election
of such officers as made at the last annual meeting of the
said First Parish.
Section 3. Upon the execution and delivery of the con-
veyances and transfers authorized by section one, title to
all the property conveyed or transferred shall vest in The
First Congregational Church of Rochester, Massachusetts,
but subject to the same uses and purposes as it is now held
by the First Parish of Rochester. All bequests, devises,
conveyances and gifts heretofore or hereafter made to the
First Parish of Rochester, however described, shall vest in
The First Congregational Church of Rochester, Massachu-
setts. Approved March 14, 1946.
Chap. 139 -^N Act providing for non-partisan preliminary, regu-
lar AND special elections IN THE CITY OF WOBURN.
Be it enacted, etc., as follows:
Section 1. Except as otherwise provided herein, on the
third Tuesday preceding every regular or special city elec-
tion in the city of Woburn at which any elective municipal
office is to be filled, there shall he held a preliminary election
for the purpose of nominating candidates therefor; pro-
vided, that such preliminary election shall be held on the
fourth Tuesday preceding every regular city election in
said city so long as the provisions of section one hundred and
three A of chapter fifty-four of the General Laws are opera-
tive therein. At every such preliminary election the polls
shall be kept open during such hours as shall be fixed by
the board of aldermen.
Section 2. Except as otherwise provided in section
seven there shall not be printed on the official ballot to be
used at any regular or special election in said city the name
of any person as a candidate for any office unless such per-
son has been nominated as such at a preliminary election
for nomination, held as provided in this act. There shall
not be printed on the official ballot for use at such prelimi-
nary election the name of any candidate for nomination at
such election, unless he shaU have filed, within the time
limited by section three, the statement and petition therein
described.
Acts, 1946. — Chap. 139. 103
Section 3. Any person who is qualified to vote for a
candidate for any elective municipal office in said city and
who is a candidate for nomination thereto, shall be entitled
to have his name as such candidate printed on the official
ballot to be used at a preliminary election; provided, that
at least twenty-one days prior to such preliminary election
he shall file with the city clerk a statement in writing of his
candidacy, and with it a petition signed in person by at
least ten, or in case of a candidate for the office of mayor
by at least one hundred, or in case of a candidate for the
office of alderman-at-large or school committee by at least
fifty, voters, qualified to vote for a candidate for the said
office. Said statement and petition shall be in substantially
the following form: —
Statement of Candidate.
I ( ), on oath declare that I reside at (number if any)
on (name of street) m the city of Wobum; that I am a voter therein,
qualified to vote for a candidate for the hereinafter mentioned office;
that I am a candidate for the office of (name of office) for (state the
term) to be voted for at the preliminary election to be held on Tuesday,
the day of , nineteen hundred and ,
and I request that my name be printed as such candidate on the official
ballot for use at said preUminary election.
(Signed)
Commonwealth of Massachusetts, ss.
Subscribed and sworn to on this
day of , nineteen hundred and
before me,
(Signed)
Justice of the Peace,
(or Notary Public).
Petition accompanying Statement of Candidate.
Whereas (name of candidate) is a candidate for nomination for
the office of (state the office) for (state the term), we, the undersigned,
voters of the city of Wobum, duly qualified to vote for a candidate for
said office, do hereby request that the name of said (name of candidate)
as a candidate for nomination for said office be printed on the official
ballot to be used at the preliminary election to be held on the
Tuesday of , nineteen hundred and
We further state that we believe him to be of good moral character
and qualified to perform the duties of the office.
No acceptance by the candidate for nomination named
in the said petition shall be necessary to its validity or its
filing, and the petition, which may be on one or more papers,
need not be sworn to.
Section 4. On the first day, other than Sunday or a
legal holiday, following the expiration of the time for fihng
the above described statement and petition, the city clerk
shall post in a conspicuous place in the city hall the names
and residences of the candidates for nomination who have
duly qualified as candidates for nomination, as they are to
appear on the official ballots to be used at the preliminary
election, except as to the order of the names, and shall cause
tbG ballots which shall contaia said names, in their order
104 Acts, 1946. — Chap. 139.
as drawn by the clerk, and no others, with a designation of
residence, and of the office and term of service, to be printed,
and the ballots so printed shall be official and no others shall
be used at the preliminary election. In drawings for posi-
tion on the ballot the candidates shall have an opportunity
to be present in person or by one representative each. Blank
spaces shall be left at the end of each list of candidates for
nomination for the different offices equal to the number to
be nominated therefor, in which the voter may insert the
name of any person not printed on the ballot for whom he
desires to vote for nomination for such office. There shall
be printed on such ballots such directions as will aid the
voter, as, for example: "vote for one", "vote for two",
and the like, and the ballots shall be headed as follows : —
Official Preliminary Ballot.
Candidates for nomination for the offices of ( ) in the
city of Wobum at a preliminary election to be held on the
day of in the year nineteen hundred and
(The heading shall be varied in accordance with the
offices for which nominations are to be made.)
No ballot used at a preliminary election shall have printed
thereon any party or political designation or any statement
indicating the views or opinions of any candidate.
Section 5. The election officers shall, immediately upon
the closing of the polls at preHminary elections, count the
ballots and ascertain the number of votes cast in the several
voting places for each candidate, and forthwith make return
thereof upon blanks to be furnished, as in regular elections,
to the city clerk who shall canvass said returns and shall
forthwith determine the result thereof, insert the same in
one or more newspapers published in the city, and post the
same in a conspicuous place in the city hall.
Section 6. The two persons receiving at a preliminary
election the highest number of votes for nomination for an
office shall, except as provided by section seven, be the sole
candidates for that office whose names may be printed on
the official ballot to be used at the regular or special election
at which such office is to be filled, and no acceptance of a
nomination at a preliminary election shall be necessary to
its validity.
If two or more persons are to be elected to the same office
at such regular or special election the several persons in
number equal to twice the number so to be elected receiving
at such preliminary election the highest number of votes for
nomination for that office shall, except as provided by sec-
tion seven, be the sole candidates for that office whose names
may be printed on the official ballot.
If the preUminary election results in a tie vote among
candidates for nomination receiving the lowest number of
votes, which, but for said tie vote, would entitle a person
receiving the same to have his name printed upon the official
ballot for the election, all candidates participating in said
tie vote shall have their names printed upon the official
Acts, 1946. — Chap. 140. 105
ballot, although in consequence there be printed thereon can-
didates to a number exceeding twice the number to be elected.
Section 7. If at the expiration of the time for filing
statements of candidates to be voted for at any preliminary
election not more than twice as many such statements have
been filed with the city clerk for an office as are to be elected
to such office, the candidates whose statements have thus
been filed shall be deemed to have been nominated to said
office, and their names shall be voted on for such office at
the succeeding regular or special election, as the case may
be, and the city clerk shall not print said names upon the
ballot to be used at said preliminary election and no other
nomination to said office shall be made. If in consequence
it shall appear that no names are to be printed upon the
official ballot to be used at any preliminary election in any
ward or wards of the city, no preliminary election shall be
held in any such ward or wards.
Section 8. Preliminary elections in said city shall be
subject to all general laws relative to elections, so far as the
same are applicable thereto, except as otherwise expressly
provided in this act.
Section 9. This act shall be submitted for acceptance
to the registered voters of the city of Woburn at the biennial
state election in the current year in the form of the following
question, which shall be printed on the official ballot to be
used in said city at said election: — "Shall an act passed by
the general court in the current year, entitled 'An Act pro-
viding for Non-Partisan Preliminary, Regular and Special
Elections in the City of Woburn', 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
for the regular municipal election to be held in said city in
the year nineteen hundred and forty-seven, and for all
municipal elections in said city thereafter, but not otherwise.
Approved March 14, 1946.
An Act establishing the dates for holding the biennial Chap. 140
state primary in the year nineteen hundred and
forty-six, for the filing of certificates of nomina-
tion 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 changes in the
laws relating to elections.
Whereas, The purpose of this act is to protect residents of Emergency
the commonwealth serving in or with the armed forces of '"^*™ ^'
106 Acts, 1946. — Chap. 140.
the United States, or serving in the merchant marine, in the
exercise of their right of suffrage at the biennial state election
in the year nineteen hmidred and forty-six; and
WhereaSy It is m-gent that the advancing of the date of
the biennial state primary in said year and certain other
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, necessary for the immediate preserva-
tion of the public convenience.
Be it enacted, etc., as follows:
Section 1, The biennial state primary in the current
year shall be held on Tuesday, the eighteenth day of June,
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 shall
be filed on or before five o'clock in the afternoon of Tuesday,
the thirtieth day of April.
Section 2. No question of pubhc 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 General
Laws, unless the application therefor shall have been filed
with the state secretary on or before Friday, the seventh
day of June.
Section 3. No other question which, under the provi-
sions 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 Friday,
the seventh day of June.
Section 4. No objection to signatures appearing on an
initiative or referendum petition shall be considered under
section twenty-two A of chapter fifty-three of the General
Laws unless such objection shall be filed within seventy-two
week day hours succeeding five o'clock in the afternoon of
the day on which signatures have been filed quaUfying a
measure for submission to the people at the biennial state
election in the current year.
Section 5. The words "armed forces of the United
States", as used in this act and, for the purposes of the bi-
ennial state election in the current year, the words aforesaid
as used in chapter three hundred and ninety of the acts of
nineteen hundred and forty-three, shall include persons serv-
ing in the merchant marine of the United States or civilians
outside the United States officially attached to and serving
with such armed forces.
Section 6. Notices under section forty-two of chapter
fifty-three of the General Laws, relative to the holding of the
Acts, 1946. — Chap. 140. 107
biennial state primary in the current year by wards, pre-
cincts or groups of precincts, shall be filed with the state
secretary on or before the twenty-second day of April.
Section 7. 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 maihng 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 8. 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 communi-
cation shall be adversely acted upon except after investiga-
tion by the registrars of voters or election commission or
commissioners, as the case may be.
Section 9. 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 like effect by, before or in the presence of any com-
missioned or warrant officer, noncommissioned officer not
below the rank of sergeant, or petty officer, in the military
108 Acts, 1946. — Chap. 141.
or naval forces of the United States, or by, before or in the
presence of any other person authorized to administer and
attest oaths.
Section 10. The state convention of each political
party, as defined in section one of chapter fifty of the Gen-
eral Laws, to be held in the current year shall be held on
such date, not later than September twenty-first, as may be
determined by the state committee of such party. Upon
determination of such date by such a committee, its chair-
man and secretary shall forthwith give written notice thereof
to the state secretary.
Section 11. 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 the biennial state election in the current year shall
invalidate such election or constitute sufficient cause for
the rejection of the returns thereof; and such provisions
shall be construed liberally to effectuate their purposes.
Section 12. The various provisions of this act are
hereby declared to be separable; and if any provision of
this act or the appUcation of any provision thereof to any
person or circumstance shall be held invalid, the validity of
the remainder of the act and the applicability of such pro-
vision to other persons or circumstances shall not be affected
thereby.
Section 13. Section eighty-seven of chapter fifty-four
of the General Laws, as appearing in the Tercentenary
Edition thereof, is hereby amended by striking out clause (e)
and inserting in place thereof the following : —
(e) The state secretary shall furnish such explanatory
matter and instructions as he may deem appropriate to
carry into effect the purposes of sections eighty-six to one
hundred and three, inclusive.
Section 14. Section ninety of chapter fifty-four of the
General Laws, as appearing in the Tercentenary Edition,
is hereby repealed.
Section 15. Section fifty-five of chapter fifty-one of the
General Laws, as most recently amended by section twenty-
nine of chapter four hundred and fifty-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 the fore-
going, the voting lists to be used at presidential primaries or
any primary or election held prior to July first in any year
may be that of the year preceding, revised as aforesaid.
Approved March 14, 1946.
Chav. 14:1 An Act relative to the making and furnishing by
assessors of certain statements and information
to the state treasurer under the veterans* bonus
act, so-called.
Emergency Wh&reas, The deferred operation of this act would tend to
preamb e. (jefeat its purpose, which is in part to immediately authorize
Acts, 1946. — Chap. 142. 109
assessors of the several cities and towns to designate certain
persons to act in their behalf relative to statements and
information to be deUvered or fm-nished to the state treas-
m-er mider the so-called veterans' bonus act, therefore it is
hereby declared to be an emergency law, necessary for the
immediate preservation of the public convenience.
Be it enacted, etc., as follows:
Section four of chapter seven hundred and thirty-one of
the acts of nineteen hundred and forty-five is hereby amended
by adding at the end the following sentence : — The as-
sessors of a city or town may certify to the state treasurer
that they have designated an employee in their office to
make the written statements and to furnish the information
herein required, and thereafter statements made and in-
formation furnished by such employee shall have the same
effect as if made or furnished by an assessor.
Approved March 14, 1946.
An Act authorizing the transfer of the assets and Chap. 142
DISSOLUTION OF THE OXFORD HOME FOR AGED PEOPLE.
Be it enacted, etc., as follows:
Section 1. The Oxford Home for Aged People, a Massa-
chusetts corporation duly organized by law, is hereby au-
thorized, by a vote of the corporation, to transfer to the
town of Oxford, and said town is hereby authorized to
receive, all of the funds and property of said corporation,
subject, however, to its liabilities, if any, within thirty days
after the acceptance of an offer so to transfer to the town,
voted at any town meeting which may be called within
six months after the effective date of this act, and thereafter
said town may hold and maintain said funds and property.
Section 2. Upon such transfer, a certificate thereof
shall be furnished by the clerk of said corporation to the
state secretary, and said corporation shall be thereupon
dissolved, subject to sections fifty-one and fifty-two of
chapter one hundred and fifty-five of the General Laws.
Section 3. Upon such transfer, said town shall, but
only to the extent of funds so transferred to it, assume and
pay any debt or hability of said corporation now or here-
after existing. Said town may commence, prosecute or de-
fend any suit pending or hereafter brought by or against
said corporation.
Section 4. After such transfer, the property so trans-
ferred, which shall be known as the Oxford Home for Aged
People Charity Fund, shall be held by said town upon the
same trusts, uses and purposes as if the same had continued
to be held by said corporation, the income only to be ex-
pended from time to time for the comfort, maintenance,
support, assistance, benefit or convenience of deserving
aged residents of said town under the direction and ap-
prcfval of a board of three trustees, to consist of the chair-
no Acts, 1946. — Chaps. 143, 144.
man of the board of selectmen, the chairman of the finance
committee, and the chairman of the board of public welfare
of the town, unless he be also a trustee by virtue of holding
one of the other chairmanships, in which case the third
trustee shall be some other member of, and elected by, said
board of public welfare.
Section 5. All gifts, grants, bequests and devises made
or accruing to or for the benefit of said corporation after the
transfer of its property as hereinbefore provided, shall vest
in said town, unless the terms of said gift, grant, bequest
or devise, or the carrying out of the provisions thereof, shall
otherwise require.
Section 6. The power granted in this act shall be exer-
cised only in conformity with such a decree, if any, of the
probate court for the county of Worcester, sitting in equity,
or of any other court of competent jurisdiction, as may be
entered within six months after the effective date of this
act; provided, that all the authority conferred by this act
is hereby declared to be limited to such authority as the
general court may constitutionally grant.
Approved March 14, 1946.
Chav.l4iS A^N Act changing the time for the holding of biennial
MUNICIPAL elections IN THE CITY OF CHELSEA.
Be it enacted, etc., as follows:
Chapter three hundred and seventy-five of the acts of nine-
teen hundred and twenty-eight is hereby amended by striking
out section one, as amended by section one of chapter two
hundred and thirty-eight of the acts of nineteen hundred
and thirty-one, and inserting in place thereof the following
section: — Section 1. Municipal elections in the city of
Chelsea shall take place biennially on the Tuesday next
following the first Monday of November in every odd-
numbered year beginning with the year nineteen hundred
and forty-seven. Approved March 14, 1946.
Chap. 144 An Act regulating the disposition of receipts from
THE WITCH HOUSE, SO-CALLED, AND OTHER PROPERTIES
maintained by THE BOARD OF PARK COMMISSIONERS OF
THE -CITY OF SALEM.
Be it enacted, etc., as follows:
Notwithstanding any provision of law to the contrary,
the board of park commissioners of the city of Salem shall
deposit with the city treasurer all moneys received from
admission fees charged visitors to the Witch House, so-
called, situated at the corner of North and Essex streets
in said city, from the sale of souvenirs and other articles
thereat, and from admissions to any other properties of his-
torical interest under the control of said commissioners. Such
deposits shall be set up in a separate account to be known as
Acts, 1946. —Chaps. 145, 146. Ill
"Fund, Receipts from Witch House." Expenditures from
said account shall, subject to appropriation, be made from
said fund for completing the payment of the cost of restora-
tion of said house and maintaining and operating the house
and grounds thereafter and for the maintenance of any other
buildings of historical importance under the control of said
commissioners. Approved March 14, 1946.
An Act authorizing the provisional appointment of QJkuj \a.^
women veterans under the civil service laws. ^'
Whereas, The deferred operation of this act would tend ^™f^^j°°y
to defeat one of its principal purposes which is to make ^^^^"^
women veterans of World War II eligible immediately for
provisional appointments under the civil service laws, there-
fore this act is hereby declared to be an emergency law,
necessary for the immediate preservation of the public
convenience.
Be it enacted, etc., as follows:
Section twenty-five of chapter thirty-one of the General ^j-)'- ^7^5 25
Laws, as amended, is hereby further amended by striking etc!, 'amended!
out, in the ninth and tenth lines, as appearing in the Ter-
centenary Edition, the words "This section shall not apply
to requisitions calling for women.", — so as to read as fol-
lows : — Section 25. If there is no suitable eligible list from Provisional
which to certify to fill a requisition, the director shall au- ve?e°ranTn''* °^
thorize the appointing officer to make provisional appoint- absence of
ment of a veteran, and shall send to the appointing officer * '^*
the names and addresses of veterans who have filed appli-
cations for the kind of work for which requisition is made,
and the position shall be filled provisionally by the appoint-
ment of a veteran. If, however, the appointing officer
cannot find a veteran qualified for the position who will
accept, he may with the approval of the director, appoint
provisionally some other person.
Approved March 16, 1946.
An Act abolishing certain restrictions on the grant- QJiaj) 146
ING OF NEW licenses WITHIN THE CITY OF REVERE FOR
THE TRANSPORTATION OF PASSENGERS BY MOTOR VEHICLE
FOR HIRE,
Be it enacted, etc., as follows:
Section 1. So much of the provisions of section four of
chapter two hundred and ninety-nine of the acts of nineteen
hundred and thirty-two as provides that no new license or
licenses within the cities of Chelsea and Revere for the opera-
tion of motor vehicles under the provisions of chapter one
hundred and fifty-nine A of the General Laws shall be valid
unless and until the department of public utilities issues a
certificate that the granting of such license or licenses will
not injuriously affect the revenue of the Boston Elevated
112 Acts, 1946. — Chaps. 147, 148.
Railway Company shall not be operative with respect to
those sections of the cit}'- of Revere lying north of Revere
street, commonly known as the Oak Island and Point of
Pines sections of said city.
Section 2. Chapter one hundred and sixty-two of the
acts of nineteen hundred and forty-three is hereby repealed.
Section 3. This act shall take effect upon its passage.
Approved March 16, 19J^6.
Chap. 1^7 An Act reviving dane machine company, incorporated,
FOR CERTAIN PURPOSES.
Emergency Whereas, The deferred operation of this act would delay
pream e. ^^^ conveyaucc of certain property by the corporation re-
vived thereby and it is essential that such conveyance be
effected as soon as possible; therefore it is hereby declared
to be an emergencj^ law, necessary for the immediate preser-
vation of the public convenience.
Be it enacted, etc., as follows:
Dane Machine Company, Incorporated, a corporation
dissolved by section one of chapter one hundred and forty-
eight of the acts of nineteen hundred and thirty-three, is
hereby revived and continued for the sole purpose of selling
and conveying title to certain property situated in the city
of Salem and of distributing the proceeds of said sale among
those entitled thereto. Approved March 16, 1946.
Chap. 148 An Act relative to the expense of supporting prisoners.
Be it enacted, etc., as follows:
Ed)"m"§i25 Section one himdred and twenty-five of chapter one hun-
amended! ' dred and twenty-seven of the General Laws, as appearing in
the Tercentenary Edition, is hereby amended by striking
out, in the fourth line, the word "shall" and inserting in
place thereof the word : — may, — so as to read as follows : —
Expense ^^ SecHon 125. The expense of supporting a piisoner trans-
o suppor . fgj.j.g(j from a jail or house of correction in one county to
another, removed from the state farm to a house of correc-
tion, or sentenced to a jail or house of correction in a county
other than that in which he was convicted, may be paid by
the county where he was sentenced. If the amount to be
paid cannot be agreed upon by the county commissioners of
the two counties, it may be determined by the superior court
sitting in either county. Approved March 16, 1946.
Acts, 1946. — Chap. 149. 113
An Act authorizing participation by other charitable Chap.lAQ
CORPORATIONS WITH THE BOSTON DISPENSARY, THE BOSTON
FLOATING HOSPITAL AND THE TRUSTEES OF TUFTS COLLEGE
IN AN ALLIANCE FORMED FOR THE PURPOSE OF ESTABLISH-
ING, MAINTAINING AND OPERATING IN COMMON A MEDICAL
CENTER,
Be it enacted, etc., as follows:
Section 1. Section one of chapter forty of the acts of
nineteen hundred and thirty is hereby amended by inserting
after the word "Massachusetts" in the fourth Hne the
words : — , and such other charitable corporations heretofore
or hereafter organized under said laws as may be mutually
agreed upon, — so as to read as follows : — Section 1 . The
Boston Dispensary, The Boston Floating Hospital and the
Trustees of Tufts College, three charitable corporations or-
ganized and existing under the laws of Massachusetts, and
such other charitable corporations heretofore or hereafter
organized under said laws as may be mutually agreed upon,
in furtherance of their respective corporate purposes, are
hereby authorized and empowered to form an alliance for,
and otherwise co-operate in, establishing, maintaining and
operating a medical center under the supervision of an ad-
ministrative board composed of representatives from each
of said corporations, and to render mutual services and
operate one or more plants in common in connection with
such medical center.
Section 2. Section two of said chapter forty is hereby
amended by striking out, in the twelfth line, the words "one
third" and inserting in place thereof the words: — an equal
part, — so as to read as follows: — Section 2. Said cor-
porations are hereby authorized and empowered to enter
into such mutual agreement or agreements, to take such
other action, and to acquire and hold, either separately,
jointly or as tenants in common, such real and personal
property, as they may respectively deem necessary or de-
sirable for the accomplishment of the objects set forth in
section one; provided, however, that none of said corpora-
tions shall exceed the limits imposed by law upon the amount
of property which each may acquire and hold, and for the
purpose of computing said limits each of said corporations
shall, in the absence of an agreement between them to the
contrary, be considered as holding an equal part of any
property owned jointly or in common as aforesaid ; and said
corporations respectively are hereby further authorized and
empowered to expend such of their funds, not restricted to
other purposes, as they may respectively deem necessary or
desirable to accomplish any of the objects set forth in this
act. Approved March 16, 1946.
amended.
114 Acts, 1946. — Chap. 150.
Chav.150 An Act relative to the disposal of obsolete and
USELESS PAPERS AND RECORDS OF COUNTY COMMISSIONERS.
Be it enacted, etc., as follows:
G^L.^Ter. Section twenty-seven A of chapter two hundred and
i 27A. etc., twenty-one of the General Laws, as amended by section one
of chapter three hundred and twenty-three of the acts of
nineteen hundred and forty-five, is hereby further amended
by inserting after the word "commonwealth" in the fourth
and fifth lines the words : — or in the custody of any of the
clerks of the courts acting in the capacity of clerk of the
county commissioners, — and by striking out the last sen-
tence of the last paragraph of said section and inserting in
place thereof the following sentence: — In the case of the
disposal or destruction of records or papers of county com-
missioners in the custody of any of the clerks of the courts
acting in the capacity of clerk of the county commissioners
such disposal or destruction shall be subject to the joint
supervision of the superior court and of the chairman of the
county commissioners for the county, — so as to read as fol-
in^'tod^stl'uc'- lows: — Section 27 A. The supreme judicial court may by
t?on of obsolete Tulc or Order provide for the disposal by destruction or other-
papers, ^-gg Qf obsolete and useless papers or records which have
been filed or deposited in any court of the commonwealth or
in the custody of any of the clerks of the courts acting in
the capacity of clerk of the county commissioners and of
obsolete and useless notes of testimony that have been pre-
served 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 been
filed earlier than the year eighteen hundred shall be destroyed.
(3) Reasonable notice to the pubUc shall be given before
any such disposal is made of any paper.
Any rule or order under authority of this section may pro-
vide for the method of proof in other causes of the contents
of papers disposed of hereunder, and shall govern such proof,
notwithstanding any statutory provision requiring any dif-
ferent method of proof.
The destruction of papers relating to matters heard before
a trial justice or other magistrate, or old records of notaries
public which are kept in any court in the commonwealth, 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
Acts, 1946. — Chaps. 151, 152, 153. 115
court, and in the case of a district court, without an order of
the standing justice of such district court. Exceptions 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 in the custody
of any of the clerks of the courts acting in the capacity of
clerk of the county commissioners such disposal or destruc-
tion shall be subject to the joint supervision of the superior
court and of the chairman of the county commissioners for
the county. Approved March 16, 1946-
An Act exempting the swift & company employees bene- (Jfidp i^i
FIT ASSOCIATION FROM ALL PROVISIONS OF GENERAL AND ^'
SPECIAL LAWS RELATIVE TO INSURANCE AND TO FRATERNAL
BENEFIT SOCIETIES.
Be it enacted, etc., as follows:
Swift & Company Employees Benefit Association, estab-
hshed under a deed of trust dated July first, nineteen hun-
dred and seven, is hereby exempted from all provisions of
general and special laws relative to insurance and to fraternal
benefit societies. Approved March 16, 1946.
An Act providing that hearings of the department of Qj^fj^jj ^52
PUBLIC health may BE HELD BY THE COMMISSIONER OR "'
BY A DIVISION DIRECTOR OF SAID DEPARTMENT.
Be it enacted, etc., as follows:
Chapter one hundred and eleven of the General Laws is g. l. (Ter.
hereby amended by striking out section three, as appearing in tended.' ^ ^'
the Tercentenary Edition, and inserting in place thereof the
following section: — Section 3. The council shall make and '^'"^l*'* lV*j^*
promulgate rules and regulations, take evidence in appeals, heaith^councu.
consider plans and appointments required by law, hold hear-
ings, and discharge other duties required by law; but it shall
have no administrative or executive functions. Hearings of
the department may be held by the commissioner, or by the
director of a division of the department if so authorized by
the commissioner and council.
Approved March 18, 1946.
An Act making an appropriation for certain expenses Chav.15^
OF PRIMARY AND OTHER ELECTIONS.
Be it enacted, etc., as follows: —
Section 1. The sum herein set forth, for the purposes
herein specified, is hereby appropriated from the general fund
or revenue of the commonwealth, subject to the provisions
of law regulating the disbursement of public funds and the
116 Acts, 1946. — Chap. 154.
approval thereof, for the fiscal year ending June thirtieth,
nineteen hundred and forty-six.
Item
0504-01
Service of the Secretary of the Commonwealth.
For personal and other services in preparing
for primary elections, including not more
than one permanent position, and for the
expenses of preparing, printing and distrib-
uting ballots for primary and other elec-
tions, to be in addition to any amount
heretofore appropriated for the purpose;
provided, that any unexpended balance of
the amount hereby appropriated remain-
ing on June thirtieth in the current year
shall be available for the purpose for the
fiscal year ending June thirtieth, nineteen
hundred and forty-seven, in addition to
amounts otherwise made available there-
for
$106,000 00
Section 2.
This act shall take effect upon its passage.
Approved March 19, 1946.
G. L. (Ter.
Ed.). 170.
i 36A, etc.,
amended.
Direct reduc-
tion loans by
eo-operative
banks.
C/iap.l54 An Act making certain changes in the laws relating
TO co-operative banks.
Be it enacted, etc., as follows:
Section 1. Section thirty-six A of chapter one hundred
and seventy of the General Laws, as amended, is hereby
further amended by striking out the second paragraph, as
appearing in section one of chapter two hundred and ninety-
three of the acts of nineteen hundred and forty-one, and in-
serting in place thereof the following paragraph: —
No such loan shall have a term of more than twenty years,
nor shall such loan exceed eighty per cent of the value of
the mortgaged property as certified by the security commit-
tee of such corporation. No such loan upon any one parcel
of real estate so mortgaged shall exceed twelve thousand
dollars. The aggregate amount of such loans as to each of
which the unpaid balance of principal outstanding is more
than eight thousand dollars made by any such corporation
shall not at any time exceed twenty per cent, nor shall the
aggregate amount of such loans as to each of which the un-
paid balance of principal outstanding is more than ten thou-
sand dollars made by any such corporation at any time ex-
ceed five per cent, of the aggregate amount of all loans
secured by mortgages of real estate held by such corpora-
tion.
Section 2. Section thirty-six D of said chapter one hun-
dred and seventy, inserted by section one of said chapter
two hundred and ninety-three, is hereby amended by adding
at the end the following paragraph : —
With the approval of the board of directors of any such
corporation, at the request of the owner of the equity of
redemption and upon certification of the security committee
G. L. (Ter.
Ed.), 170,
§ 36D. etc.,
amended.
So nuoh of
monthly pay-
ments as would
otherwise be
credited to
Acts, 1946. — Chap. 154. 117
of such corporation that the then balance of the amount due principal may
does not exceed sixty per cent of the value of the mortgaged fewaIvS
premises, so much of the monthly payments as would other- subject, etc.
wise be credited to principal may be reduced or waived for
any period of time, but subject nevertheless to the provi-
sions of the last sentence of this paragraph ; provided, that
such change shall be evidenced by an instrument setting
forth such change, payments and mortgage extension. No
loan or mortgage shall be changed under the provisions of
this paragraph if thereby the total amount of loans so changed
and held by such corporation would be increased to an
amount in excess of fifteen per cent of the aggregate amount
of direct reduction loaiLS held by such corporation. Every
parcel of real estate mortgaged to secure a loan so changed
shall be revalued, at intervals of not more than three years
so long as it is so mortgaged, by at least two members of the
security committee of the corporation, who shall certify in
writing according to their best judgment the value of the
real estate so mortgaged. Such reports shall be filed and
preserved with the records of the corporation. If at the
time of any such revaluation, the amount outstanding on a
loan so changed is in excess of sixty per cent of the value of
the real estate mortgaged to secure the same, a reduction
in the amount of such loan shall be required, as promptly
as may be practicable, sufficient to bring its amount within
sixty per cent of said value; provided, that no such reduc-
tion shall be required prior to the maturity of the loan
without the acquiescence of the borrower.
Section 3. Said chapter one hundred and seventy is g. l. (Xer.
hereby further amended by striking out section thirty-one, Sl^'amekL^d.'
as appearing in chapter one hundred and forty-four of the
acts of nineteen hundred and thirty-three, and inserting in
place thereof the following section: — Section 31. If at any Agreement for
time the board of directors, by a two thirds vote of all the [^"reS"' "^
directors, elect to reduce the rate of interest for any period
of time on any outstanding real estate loans, a new mort-
gage shall not be required nor shall the existing mortgage
be impaired or otherwise affected by such vote and action
under such vote, and thereafter the borrower shall make
the monthly payments on the loan in accordance with the
terms and conditions of such vote.
Section 4. Said chapter one hundred and seventy is g. l. (Xer.
hereby further amended by striking out section forty-three f 43A^etc..
A, inserted by chapter seventy-seven of the acts of nineteen amended,
hundred and forty-three, and inserting in place thereof the
following section : — Section 43 A . Such corporation may, Saie of checks
under regulations made by the commissioner, sell negotiable uve br^a"*
checks drawn by or on it and payable by or through a trust
company or a national banking association, and American
Express Company money orders and travelers cheques.
Section 5. Said chapter one hundred and seventy is o. l. (Ter
hereby further amended by striking out section fifty-six, SiJ'aSo'
as appearing in chapter one hundred and forty-four of the
118
Acts, 1946. — Chap. 155.
Membership in
Federal Home
Loan Bank.
G. L. (Ter.
Ed.). 170, § 6,
subsection
W. etc.,
amended.
By-Laws.
acts of nineteen hundred and thirty-three, and inserting in
place thereof the following section: — Section 66. Any cor-
poration subject to this chapter may become a member of
the Federal Home Loan Bank established for the district of
New England under the provisions of an act of congress,
approved July twenty-second, nineteen hundred and thirty-
two, and known as the federal home loan bank act, or of
any successor of said bank so established; and may, subject
otherwise to the provisions of this chapter, subscribe to and
invest in the stock of said home loan bank in amounts which
in the aggregate shall not exceed three times the amount of
said stock that may be required by said act of congress to
qualify such corporation for membership in said home loan
bank.
Section 6. Subsection Qi) of section six of said chapter
one hundred and seventy, as appearing in chapter one hun-
dred and forty-four of the acts of nineteen hundred and
thirty-three, is hereby amended by adding at the end the
following: — , and the charges, if any, to be made upon an-
ticipatory repayment of loans, — so as to read as follows : —
(A) The proportion of profits, if any, to be reserved upon
voluntary withdrawals, and the charges, if any, to be made
upon anticipatory repayment of loans.
Approved March 19, 1946.
Chap.155 An Act amending the definition of, and further reg-
ulating, BACTERIOLOGICAL LABORATORIES.
Be it enacted, etc., as follows:
Section 1. The second paragraph of section one hun-
dred and eighty-four A of chapter one hundred and eleven
of the General Laws, inserted by chapter three hundred and
forty-four of the acts of nineteen hundred and thirty-nine, is
hereby amended by adding at the end the words: — , or of
the body of persons who are to serve as donors or recipients
of blood or derivatives of blood, — so as to read as follows: —
For the purposes of this section, a bacteriological labora-
tory is defined to be a place or establishment advertised,
and maintained or purported to be maintained, in whole or
in part, for the purpose of accepting for and subjecting to
bacteriological or serological study or analysis, or both, speci-
mens of blood, sputum, urine, feces or other fluids, secre-
tions or excretions of the body of persons ill, or suspected of
being ill, with a disease dangerous to the pubhc health, or
of the body of persons who are to serve as donors or recipients
of blood or derivatives of blood.
Section 2. Said section one hundred and eighty-four A
is hereby further amended by adding at the end the follow-
ing paragraph: —
The department is hereby further authorized to grant cer-
tificates of approval for laboratory tests upon milk, foods,
eating utensils, water and sewage in accordance with such
G. L. (Ter.
Ed.), 111.
§ 184A, etc.,
amended.
Term "bac
teriological
laboratory'
defined.
G. L. (Ter.
Ed.). Ill,
§ 184A. etc.,
further
amended.
Authority
to grant
certificates.
Acts, 1946. — Chaps. 156, 157. 119
rules and regulations as the department may establish under
the authority granted above. Only one certificate and one
fee shall be required for all of the tests mentioned in this
section. Approved March 19, 1946.
An Act providing for party nominations for elective r'/j^g^? 156
MUNICIPAL OFFICERS IN THE CITY OF FITCHBURG. ^'
Be it enacted, etc., as follows:
Section 1. So much of section sixteen of chapter forty-
three of the General Laws as provides that no primary or
caucus for municipal officers shall be held in cities governed
under a standard form of city charter provided for in said
chapter forty-three shall not apply in the city of Fitchburg.
Section 2. Nominations of candidates for municipal
elective ofiice in said city shall be made by nomination papers
as provided in section six of chapter fifty-three of the Gen-
eral Laws and by political parties in primaries held in accord-
ance with sections twenty-three to forty A and fifty-seven
to sixty-four, all inclusive, of said chapter fifty-three.
Section 3. The provisions of section fifty-three A of said
chapter fifty-three relative to filing objections to nominations
at state primaries and to the withdrawal of names from nomi-
nation shall apply in the case of nominations at city primaries
in said city except that such objections or withdrawals shall
be filed with the city clerk.
Section 4. The provisions of law relative to the signing
of nomination papers of candidates for state oflSce, and to
the identification and certification of names thereon and
submission to the registrars therefor, shall apply, so far as
apt, to the signing of petitions under this act and to the
identification and certification of such names.
Section 5. This act shall be submitted to the registered
voters of the city of Fitchburg at the biennial state election
in the current year in the form of the following question,
which shall be placed on the official ballot for use in said city
at said election: — "Shall an act passed by the general court
in the current year, entitled 'An Act providing for party
nominations for elective municipal officers in the city of
Fitchburg', be accepted?" If a majority of the votes in
answer to said question is in the aflarmative, this act shall
thereupon take full effect, but not otherwise.
Approved March 22, 1946.
An Act authorizing the town of brookline to regulate Qhnjy 1 57
THE parking of VEHICLES IN CERTAIN PRIVATE WAYS. ^'
Be it enacted, etc., as follows:
The town of Brookline is hereby authorized to make by-
laws, not repugTiant to law, prohibiting or regulating the
leaving of vehicles unattended within the limits of private
ways within said town which furnish means of access for fire
120
Acts, 1946. — Chaps. 158, 159.
apparatus or other vehicles used for services required in
behalf of the public health, safety and morals to any part of
a tenement house, as defined in section two of chapter one
hundred and forty-five of the General Laws, or to two or
more dwelling houses or two or more buildings of any type
in separate ownership, in said town.
Approved March 22, 1946.
G. L. (Ter.
Ed.), 175.
i 22A, etc.,
amended.
Coverage of
fire policies
extended.
C/iap. 158 An Act exempting the all-risk type of insurance
POLICIES commonly KNOWN AS PERSONAL PROPERTY
floater from BEING FILED WITH AND APPROVED BY THE
COMMISSIONER OF INSURANCE.
Be it enacted, etc., as follows:
The first paragraph of section twenty-two A of chapter
one hundred and seventy-five of the General Laws, as
amended by chapter two hundred and thirty-four of the
acts of nineteen hundred and thirty-five, is hereby further
amended by adding at the end the following sentence: —
The provisions of this paragraph shall not apply to policies
authorized by section fifty-four D, — so as to read as follows : —
No company shall issue an)'^ policy of insurance which pro-
vides coverage against loss or damage caused by hazards
specified in more than one of the clauses of section forty-
seven, until a copy of the form of the policy has been on file
for thirty daj^s with the commissioner, unless before the
expiration of said thirty days he shall have approved the
form of the policy in writing; nor if the commissioner notifies
the company in writing within said thirty da3^s that the form
of the policy does not comply with the laws of the common-
wealth, specifying his reasons therefor, provided that the
opinion of the commissioner shall be subject to review by the
supreme judicial court; but nothing in the foregoing pro-
visions of this section shall permit the incorporation in the
standard fire policy, prescribed by section ninety-nine, or
any poUcy issued under section one hundred and two A, one
hundred and eleven A or one hundred and seventeen A or any
policy subject to section one hundred and eight, or one hun-
dred and thirteen A, or one hundred and thirty-two, of any
coverage not otherwise permitted by this chapter to be
incorporated therein. The provisions of this paragraph shall
not apply to pohcies authorized by section fifty-four D.
Approved March 22, 1946.
Chap. 159 An Act relative to the hours of duty op police offi-
cers OF THE city of WOBURN.
Be it enacted, etc., as follows:
Section 1. The hours of duty for a day oflScer in the
police department of the city of Wobum shall be as follows:
— Eight a.m. until six p.m. with one hour off for meals.
Section 2. There shall be two shifts for night officers in
the poUce department of the city of Woburn as follows: —
Acts, 1946. — Chaps. 160, 161. 121
Six P.M. until one a.m. with no lunch hour. One a.m. until
eight a.m. with no lunch hour.
Section 3. In emergencies officers shall work regardless
of stated hours until such time as the emergency ceases to
exist.
Section 4. This act shall be submitted for acceptance
to the registered voters of the city of Woburn at the biennial
state election in the current year in the form of the follow-
ing 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 j^ear nineteen hundred
and forty-six, entitled 'An Act relative to the hours of duty
of police officers of the city of Woburn', be accepted?" If
a majority of the votes cast on said question is in the affirma-
tive this act shall take full effect on January first, nineteen
hundred and forty-seven, but not otherwise.
Approved March 22, 1946.
An Act providing for coNTrNuous registration of Chav. 160
VOTERS m certain towns.
Be it enacted, etc., as follows:
Section thirty-three of chapter fifty-one of the General Ed.h6?!*j"33.
Laws, as amended by chapter two hundred and forty-six of etc.. 'amended,
the acts of nineteen hundred and forty-five, is hereby fur-
ther amended by striking out the paragraph inserted by said
chapter two hundred and forty-six and inserting in place
thereof the following paragraph : —
In cities, and in towns having six hundred or more reg- continuous
istered voters, any person shall be registered as aforesaid o7vo\m8.°"
during regular business hours on application except during
such times as registration is not permitted by law.
Approved March 22, 1946.
An Act permitting the city of Cambridge to use sur-
plus income of the water department under cer-
tain conditions.
Be it enacted, etc., as follow s:
Section 1. Chapter forty-three of the Special Acts of
nineteen hundred and eighteen is hereby repealed.
Section 2. The income received by the city of Cam-
bridge from its water works shall be applied to meet the
expenses incurred for maintenance and operation, renewals,
extensions, additions and improvements of said works, in-
terest, sinking fund and debt requirements. The sinking
fund requirements shall be calculated annually and such an
amount annually paid over to the sinking fund commis-
sioners as, with its accumulations, together with the existing
fund, will be sufficient to meet all water works debts issued
and outstanding for which sinking fund requirements are
being accumulated.
Chap.lQl
122 Acts, 1946. — Chaps. 162, 163.
Section 3. Notwithstanding the provisions of section
two, whenever the surplus income of the water works shall
exceed the sum of three hundred thousand dollars, such ex-
cess may be used by the city of Cambridge for any purpose
for which the city may borrow under sections seven and
eight of chapter forty-four of the General Laws under the
following conditions : —
(a) The city auditor of the city of Cambridge and the
director of accounts of the commonwealth shall both certify
the amount of the surplus income.
(b) Appropriations from the amount thus certified, so far
as such amount is in excess of three hundred thousand dol-
lars, shall be made, upon the recommendation of the Cam-
bridge water board and the city manager, by the city council
of the city of Cambridge. Approved March 22, 1946.
Chap. 162 An Act authorizing the restoration of michael j.
CAREY TO THE ELIGIBLE LIST FOR POLICE OFFICERS IN
THE CITY OF NEWBURYPORT.
Be it enacted, etc., as follows:
Section 1. The director of civil service is hereby au-
thorized and directed, at the request of the mayor of the
city of Newbury port, to restore Michael J. Carey to the
eligible list for police officers in the police department of
said city without examination and in accordance with the
civil service law and rules, if and when an eligible list is
established for said city.
Section 2. This act shall take full effect upon its ac-
ceptance, during the current year, by vote of the city coun-
cil of said city, subject to the provisions of its charter, but
not otherwise. Approved March 22, 1946.
Chap. 163 An Act establishing the salary of the mayor of the
CITY OF WOBURN.
Be it enacted, etc., as follows:
Section 1. Chapter one hundred and seventy-two of the
acts of eighteen hundred and ninety-seven is hereby amended
by striking out section twenty-four and inserting in place
thereof the following section: — Section 24- The salary of
the mayor shall be three thousand dollars per annum.
Section 2. This act shall be submitted for acceptance to
the registered voters of the city of Woburn at the biennial
state election in the current year in the form of the follow-
ing 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-
six, entitled 'An Act relative to the salary of the mayor of
the city of Woburn', be accepted?" If a majority of the
votes cast on said question is in the affirmative, this act
shall take full effect on the first Monday of January in the
year nineteen hundred and forty-eight, otherwise it shall have
no effect. Approved March 22, 1946.
Acts, 1946. — Chap. 164. 123
An Act relative to the payment of the cost of con- Chav.164:
STRUCTION OF PARTICULAR SEWERS AND CONNECTING
DRAINS IN THE CITY OF BROCKTON.
Be it enacted, etc., as follows:
Section 1. The city of Brockton, through its board of
sewer commissioners, may, upon request of the owner of any
estate abutting on any way where a main drain or common
sewer is constructed, lay in such sewered way and in the
private land of such owner such particular sewer or connect-
ing drain as may be necessary to connect any building on
such estate with such main drain or sewer, and said board
may make all necessary contracts in the name and behalf of
the city for such purpose. The expenses thereof shall be
paid out of any appropriation that may be made by the city
therefor.
Section 2. The cost of constructing each particular
sewer or connecting drain shall be assessed by the board of
sewer commissioners upon the estate benefited thereby. Such
assessment shall be made by filing with the board of assessors
of the city a certificate, designating the way and the private
land in which such particular sewer or connecting drain has
been constructed, and giving the name or names of the
owners of the estate for which such connection has been
made and the amount of the assessment to be paid by such
owner or owners. A copy or duplicate of this certificate shall,
within ten days after the filing of the same with the board of
assessors, be recorded in the registry of deeds for the county
of Plymouth, or, in the case of registered land, filed in the
ofiice of the assistant recorder for Plymouth county registry
district. The board of assessors shall, upon receipt of such
certificate, forthwith commit such assessments or charges
with their warrant to the collector of taxes, who shall forth-
with make a demand in writing for the payment of such as-
sessments or charges, and every owner shall, within three
months after such demand is served upon him or on the
occupant of such estate, or sent by mail to the last address
of the owner known to the collector of taxes, pay to the
collector of taxes the sum so assessed or charged.
Section 3. Except as herein provided, the provisions of
general law relative to the assessment, apportionment, divi-
sion, re-assessment, abatement and collection of sewer as-
sessments, to liens therefor and to interest thereon shall
apply to assessments made under this act. In applying said
provisions to assessments made under the act, the notice
referred to therein shall be deemed to be the demand of the
tax collector required by section two hereof. The lien for
any assessment made under this act shall attach upon the
recording or filing for registration of the copy or duplicate
of the certificate of assessment. In the apportionment of
assessments made under this act, no instalment shall be less
than five dollars.
124
Acts, 1946. — Chap. 165.
Section 4. This act shall take full effect upon its accept-
ance by vote of the city council of the city of Brockton,
subject to the provisions of its charter, but not otherwise.
Approved March 22, 1946.
Emergency
preamble.
Chap.lG5 An Act providing for extended school services for
CERTAIN CHILDREN OF CERTAIN EMPLOYED MOTHERS.
Whereas, It is essential that the new program of extended
school services for certain children of certain employed
mothers provided for by this act take effect immediately,
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 seventy-one of the General Laws is
hereby amended by inserting after section twenty-six, under
the caption extended school services for certain
CHILDREN OF CERTAIN EMPLOYED MOTHERS, the six following
sections : — Section 26 A . If the school committee of a
town determines that sufficient need exists therein for ex-
tended school services for children, between three and four-
teen years of age, of mothers who are employed, and whose
employment is determined by said committee to be neces-
sary for the welfare of their families, said school committee,
subject to section twenty-six B, and with the approval of
the city council or selectmen may establish and maintain
such services.
Section 26B. If said school committee, upon determina-
tion bj^ it of sufficient need, votes that said services should
be established by it in such town upon approval of the city
council or selectmen, it shall submit in writing a plan of
said services to the commissioner of education for his written
approval; provided, that said extended school services pro-
posed in said plan shall consist of such care as shall be
determined by standards established by said commissioner
in consultation with the state department of public health
and shall be operated by said school committee under the
general supervision of said commissioner; and, provided
further, that said school committee shall establish as one of
the rules of admission of any such child to the benefits of
said extended school services that the parents of such child
shall pay toward the cost of said services such sum, not
exceeding four dollars per week for such child, as said school
committee shall determine, except that such payments in
the case of children of pre-school age shall be at a weekly
rate of not less than three dollars. For the purposes of clause
(2) of section five of chapter forty, the establishment and
maintenance of said extended school services shall be deemed
to be included within the term "support of public schools".
Cert^^nfunda Section 26C. The commonwealth and the school com-
exciMivlt^K. mittee of any town may accept funds from the federal
O. L. (Ter.
Ed.), 71. new
H 26A-26F.
added.
School service
for certain
children of
certain em-
ployed mothers.
Commissioner
of education
to approve.
Acts, 1946. — Chap. 165. 125
government for the purposes of sections twenty-six A to
twenty-six F, inclusive. The school committee of any town
may receive contributions in the form of money, material,
quarters or services for the purposes of said sections from
organizations, employers and other individuals. Such
contributions received in the form of money, together with
fees from parents and any allotments received from the
federal government for said purposes, shall be deposited
with the treasurer of such town and held as a separate ac-
count and expended by said school committee without
appropriation, notwithstanding the provisions of section
fifty-three of chapter forty-four.
Section 26 D. If a town shall have a written contract fntYp^^^^^l^^^f
with the federal government whereby said government fede^Lnu'Dds"
grants or offers such town a sum of money to be used with a"*'^^"^^'^-
funds which may be provided in said town for the purposes
of sections twenty-sLx A to twenty-six F, inclusive, and said
town shall be required primarily to pay that portion of the
expenses for which reimbursement is to be received from the
grant, the treasurer of such town, with the approval of the
mayor, or of the city manager, if any, or of the selectmen,
as the case may be, in anticipation of the receipt of the
proceeds of such grant, may incur debt, outside the debt
limit, to an amount not exceeding the amount of the grant
as shown by the agreement, and may issue notes therefor,
payable in not exceeding one year from their dates. Any
loan so issued for a shorter period than one year may be
refunded by the issue of other notes maturing within the
required period; provided, that the period from the date
of issue of the original loan to the date of maturity of the
refunding loan shall not be more than one year. The pro-
ceeds of the grant, so far as necessary, shall be applied to
the discharge of the loan.
Section 26 E. The commonwealth shall reimburse each Reimburse-
town maintaining extended school services under sections "mmonweaith.
twenty-six A to twenty-six F, inclusive, in an amount not
greater than forty per cent of the salaries of persons em-
ployed in such maintenance which were paid from moneys
appropriated by such town, but in no event more than
twenty-five hundred dollars in any state fiscal year in the
case of any one center whereat said services are maintained
for children of pre-school age, and not more than fifteen
thousand dollars in the aggregate in any such year in the
case of all centers maintained for children by such town
under sections twenty-six A to twenty-six F, inclusive.
Section 26F. Payments by the commonwealth to any Basis of re-
town as part reimbursement for salary payments as pro- ""^""■«®'^«°*-
vided in section twenty-six E shall be based upon the salary
payments made by such town during the twelve months
ending on the thirtieth day of June next preceding applica-
tion therefor.
Section 2. No payments shall be made by the com-
monwealth to any city or town under this act on account
126
Acts, 1946. — Chap. 166.
of any salary payments made by such city or town prior to
March first in the current year.
Section 3. Chapter four hundred and ninety-three of
the acts of nineteen hundred and forty-three is hereby
repealed. Approved March 28, 1946.
Chav.lQQ An Act relative to the acceptance by cities and towns
OF certain provisions of general law authorizing any
city or town to establish thereunder a contributory
retirement system for its employees.
Emergency
preamble.
G. L. (Ter.
Ed.), 32, § 28,
etc., amended.
Acceptance by
cities or towns
having a retire-
ment system.
G. L. (Ter.
Ed.), 32, § 28,
etc., further
amended.
Prior service
credit.
G. L. (Ter.
Ed.), 32, § 28,
etc., amended.
Effective date
of operation
of system in a
city or town.
Whereas, The deferred operation of this act would tend
to defeat its purpose, which in part is to provide that certain
cities and towns may immediately accept certain provisions
of general law authorizing municipalities to establish con-
tributory retirement systems for its employees, therefore it
is hereby declared to be an emergency law, necessary for the
immediate preservation of the public convenience.
Be it enacted, etc., as follows:
Section 1. Section twenty-eight of chapter thirty-two
of the General Laws is hereby amended by striking out
paragraph (2) (a), as appearing in section one of chapter six
hundred and fifty-eight of the acts of nineteen hundred and
forty- five, and inserting in place thereof the following
paragraph : —
(2) (a) Sections one to twenty-eight, inclusive, may be
accepted in any city or town which has established a con-
tributory retirement system for its employees under the pro-
visions of a special law but which has not accepted for such
employees the applicable provisions of such sections or cor-
responding provisions of earlier laws; in a city by vote of
the city council, approved by the mayor, and in a town by
vote of the selectmen.
Section 2. Said section twenty-eight is hereby further
amended by adding at the end of subdivision (2) the fol-
lowing paragraph : —
(/) .Any employee of a city or town who was specifically
excluded from membership under the previously existing
system, and who holds a position which would entitle him
to membership under sections one to twenty-eight, inclusive,
shall be entitled to prior service credit for service rendered
prior to the acceptance of said sections.
Section 3. Said section twenty-eight is hereby further
amended by striking out paragraph (3) (a), as so appearing,
and inserting in place thereof the following paragraph : —
(3) (a) The town clerk of any town which accepts sec-
tions one to twenty-eight, inclusive, by vote at any state
election, as provided for in subdivision (1) of this section,
shall file in the office of the commissioner of insurance
within thirty days after such vote a certificate thereof sworn
to by the election commissioners or other officers correspond-
ing thereto. The city or town clerk of any city or town
Acts, 1946. — Chap. 167. 127
which accepts said sections one to twenty-eight, inclusive,
by vote of the city council, approved by the mayor, or of the
selectmen, as the case may be, as provided for in subdivision
(2) of this section, shall forthwith file in the office of said
commissioner a certificate of such vote certified by the city
or town clerk.
Said commissioner shall, within fifteen days after such
fiUng, issue to the mayor or selectmen a certificate to the
effect that the retirement system established by said sec-
tions shall become operative in such city or town on the first
day of January or of July, whichever occurs first, following
the expiration of three months after the date of such cer-
tificate. Approved March 28, 1946.
An Act relative to the filling of vacancies in the Qhnr) 1 57
BOARD OF ALDERMEN AND SCHOOL COMMITTEE OF THE CITY ^'
OF SOMERVILLE.
Be it enacted, etc., as follows:
Section 1, Chapter two hundred and forty of the acts
of eighteen hundred- and ninety-nine is hereby amended by
striking out section seven, as amended by section two of
chapter ninety-eight of the Special Acts of nineteen hundred
and nineteen, and inserting in place thereof the following
section: — Section 7. If there is no choice of mayor or if
the person elected mayor shall refuse to accept the office or
shall die before qualifying, or if a vacancy in said office
shall occur five months or more prior to any regular municipal
election, the board of aldermen shall forthwith order a special
election, and the same proceedings shall be had in all re-
spects as are hereinbefore provided for the election of a
mayor, and shall be repeated until the election of a mayor
is completed. But if the vacancy in the office of mayor
shall occur less than five months prior to any regular munici-
pal election, it shall be filled by the board of aldermen by a
majority vote of all its members. If the full number of
members of the board of aldermen has not been elected, or
if a vacancy in the office of alderman shall occur one year
or more prior to any regular municipal election, the board
of aldermen shall forthwith order a special election, and the
same proceedings shall be had in all respects as are herein-
before provided for the election of such alderman. But if
the vacancy in the office of alderman shall occur less than
one year prior to any regular municipal election, it shall be
filled for the remainder of the term by the board of aldermen
by a majority vote of all its members. The person elected
to fill such vacancy shall be chosen from the ward in which
the vacancy occurs.
Section 2. Said chapter two hundred and forty is
hereby further amended by striking out section twenty-
eight, as most recently amended by chapter thirty-five of the
acts of nineteen hundred and thirty-five, and inserting in
128 Acts, 1946. — Chap. 168.
place thereof the following section : — Section 28. The
management and control of the public schools shall be
vested in a school committee, which shall exercise the powers
conferred and discharge the duties imposed by law upon
school committees. The committee shall consist of the
mayor and the president of the board of aldermen, ex officiis,
neither of whom shall serve as chairman, and seven other
members, elected as follows : — one member shall be elected
by and from the voters of each ward at each regular municipal
election to serve for the term of two years next following.
If a vacancj^ in the office of school committeeman shall
occur one year or more prior to any regular municipal elec-
tion, the board of aldermen shall forthwith order a special
election, and the same proceedings shall be had in all re-
spects as are hereinbefore provided for the election of such
school committeeman. But if the vacancy in the office of
school committeeman shall occur less than one year prior
to any regular municipal election, it shall be filled for the
remainder of the term by ballot of the remaining members
of the school committee, the member so elected to be a
qualified voter of the ward in the representation of which on
said committee the vacancy exists.
Section 3. This act shall take effect upon its passage.
Approved March 28, 1946.
Chap.lQS An Act relative to the right of election to benefits
UNDER THE PROVISIONS OF THE EMPLOYMENT SECURITY
LAW BASED ON WAGES PAID SUBSEQUENT TO TERMINA-
TION OF MILITARY SERVICE IN LIEU OF PAYMENTS UNDER
THE FEDERAL SERVICEMEN'S READJUSTMENT ACT OF 1944.
prTambie?^ Whercas, The deferred operation of this act would tend
to defeat its purpose, which is to make available immedi-
ately to certain persons the right of election to benefits for
unemployment, based on wages paid subsequent to termi-
nation of their military service, in lieu of payments under
the federal Servicemen's Readjustment Act of 1944, there-
fore this act is hereby declared to be an emergency law,
necessary for the immediate preservation of the public
convenience.
Be it enacted, etc., as follows:
Chapter seven hundred and one of the acts of nineteen
hundred and forty-one is hereby amended by striking out
section five and inserting in place thereof the following
section: — Section 5. If, under an act of congress, pay-
ments with respect to the unemployment of persons who
have completed a period of active mihtary or naval service
are payable by the United States, such persons shall be
disqualified for benefits with respect to any week until they
have exhausted all their rights to such payinents from the
United States, except those persons who subsequent to their
termination of such service have been paid wages of one
Acts, 1946. — Chap. 169. 129
hundred and fifty dollars or more in any base period be-
ginning with the nineteen hundred and forty-five base
period. On or after April first, nineteen hundred and forty-
six, and at the time of the first filing of a claim in any benefit
year, such persons may elect to file a claim under said chap-
ter one hundred and fifty-one A, based on wages earned
subsequent to said termination of such service and in the
base period then in effect, or to file a claim for readjustment
allowances under the Servicemen's Readjustment Act of
1944 or any similar act of congress. If any such person
elects to file a claim for readjustment allowances under
the provisions of Title V of the Servicemen's Readjustment
Act of 1944 or a claim for payments with respect to un-
employment under any similar act of congress he shall be
disqualified for benefits under said chapter one hundred and
fifty-one A for the then current benefit year unless he has
exhausted such readjustment allowances or such payments
under any other act of congress. Any person who is re-
ceiving readjustment allowances under the Servicemen's
Readjustment Act of 1944 as of April first, nineteen hundred
and forty-six, and who has been paid wages of one hundred
and fifty dollars or more in the nineteen hundred and forty-
five base period subsequent to the termination of his active
military or naval ser\'ice, may file on or after April first,
but not later than April thirtieth, nineteen hundred and
forty-six, a claim under said chapter one hundred and
fifty-one A in like manner as hereinbefore set forth in this
section. Approved March 28 ^ 1946.
An Act penalizing the use for trade purposes of the Chav.169
WORDS "army", "navy" AND OTHER WORDS DENOTING ^'
BRANCHES OF THE UNITED STATES GOVERNMENT.
Whereas, The deferred operation of this act would tend to Emergency
defeat its purpose, which is to immediately prohibit the use p'"^'*™^*^-
by private mercantile establishments of certain military
and naval words so as to protect the public against being
led to believe that such establishments are government
agencies, therefore it is hereby declared to be an emergency
law necessary for the immediate preservation of the public
convenience.
Be it enacted, etc., as follows:
Section 1. Chapter one hundred and ten of the General Ed)'iio7new
Laws is hereby amended by inserting after section four A the m'b', added,
following section: — Section 4B. No person, firm, corpora- usp „f rert^in
tion or association, other than an agency or instrumentality ^"e'J^nime'*"'
of the United States government, selling or offering for sale foTbidden.
goods, wares or merchandise, shall use, or cause or permit to
be used, in the corporate or trade name thereof, or in the
description of the seller or of the place where the goods,
wares or merchandise are offered for sale or sold, the words or
phrases "Army", "Navy", "Marine Corps", "Marines",
130
Acts, 1946. — Chap. 170.
G. L. (Ter.
Ed.), 110, § 26,
amended.
Penalty,
Certain
exemptions.
"Coast Guard", "Government", "Post Exchange", "P-X"
or "G. I.", or any of such words or phrases, or any word or
phrase which may lead the pubHc to believe that the seller
or his or its place of business is owned, operated or managed
by the United States government or any agency thereof.
Section 2. Section twenty-six of said chapter one
hundred and ten, as appearing in the Tercentenary Edition,
is hereby amended by inserting after the letter "A" in the
first line the following: — , four B, — so as to read as fol-
lows : — Section 26. Violations of any provision of section
four A, four B, eleven, twelve or thirteen shall be punished
by a fine of not more than two hundred dollars or by im-
prisonment for not more than one year, or both.
Section 3. Section four B of chapter one hundred and
ten of the General Laws, inserted by section one of this act,
shall not apply to any person, firm, corporation or associa-
tion subject to its terms who or which was engaged, on April
first, nineteen hundred and forty-six, in selling or offering for
sale goods, wares or merchandise and used in his or its cor-
porate or trade name, or in the description of the seller or
of the place where the goods, wares or merchandise offered
were for sale or sold, any of the words or phrases set forth
or referred to in said section four B.
Approved April 2, 1946.
preamble.
Chap. 170 An Act increasing benefit payments and making cer-
tain OTHER CHANGES IN THE EMPLOYMENT SECURITY
LAW.
Whereas, The deferred operation of this act would tend
to defeat one of its principal purposes, which is to make
available immediately during the present emergency in-
creased benefits under the employment security law, to be
computed from April first of the current year, 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. Effective as of April first, nineteen hundred
and forty-six, section twenty-nine of chapter one hundred
and fifty-one A of the General Laws is hereby amended by
striking out subsection (a), as most recently amended by
section one of chapter four hundred and eighty-four of the
acts of nineteen hundred and forty-five, and inserting in
place thereof the following subsection : — (a) An individual
in total unemployment and otherwise efigible for benefits
shall be paid for each week of unemployment an amount
based on the highest quarterly wage of his base period, as
provided in the following table : —
G. L. (Ter.
Ed.), 151A,
5 29, etc.,
amended.
Unemploy-
ment benefits
payable.
Acts, 1946. — Chap. 170.
131
Total Wages Paid in Highest Quarter.
Weekly
Benefit Rate.
$1 19 99 or less
120 00- 139 99
140 00- 159 99
160 00- 179 99
180 00- 199 99
200 00- 219 99
220 00- 239 99
240 00- 259 99
260 00- 279 99
280 00- 299 99
300 00- 319 99
320 00- 339 99
340 00- 359 99
360 00- 379 99
380 GO- 399 99
400 00- 419 99
420 00- 439 99
440 00- 459 99
460 00- 479 99
480 00- and over
$6 00
7 00
8 00
9 00
10 00
11 00
12 00
13 00
14 00
15 00
16 00
17 00
18 00
19 00
20 00
21 00
22 00
23 00
24 00
25 00
Section 2. Subsection (b) (2) of section fourteen of said EJ^{JfX'
chapter one hundred and fifty-one A, as most recently § u, etc., '
amended by section two of said chapter four hundred and *™^'''^^'^-
eighty-four, is hereby further amended by inserting after
the word "forty-five" in the twenty-fifth Hne the following:
— and prior to April first, nineteen hundred and forty-six,
— and by adding at the end the following: — ; and pro-
vided, further, that on and after April first, nineteen hun-
dred and forty-SLx, benefit wages charged against each
employer shall include that part of wages not in excess of
nineteen hundred dollars paid by him in a base period, —
so as to read as follows : —
(2) When, in any calendar year, beginning not earlier "Worker'8
than nineteen hundred and thirty-nine, a worker is paid definfd."^*^*^
benefits for the first compensable week of unemployment
with respect to the benefit year to which the claim applies,
his wages from each employer during his base period shall
be termed "worker's benefit wages" and shall be treated
for the purposes of this subsection as if they had been paid
in the year in which the first week of benefits is paid.
"Worker's benefit wages" when used with respect to bene-
fits paid for the first compensable week of unemployment
on claims originally arising in the year nineteen hundred
and thirty-nine or in the years nineteen hundred and forty,
nineteen hundred and forty-one, nineteen hundred and forty-
two and prior to April first, nineteen hundred and forty-
three, shall include the wages not in excess of one thousand
dollars in those quarters upon which the benefits available
to the claimant were computed, assignable to its respective
year of nineteen hundred and thirty-nine to nineteen hun-
dred and forty-three, inclusive, in accordance with this sub-
132
Acts, 1946. — Chaps. 171, 172.
section. For the purposes of this subsection, and effective
as of April first, nineteen hundred and forty-three, benefit
wages charged against each employer shall include only that
part of wages not in excess of twelve hundred dollars paid
by him in a base period; provided, that on and after April
first, nineteen hundred and forty-five and prior to April first,
nineteen hundred and forty-six, benefit wages charged
against each employer shall include that part of wages not
in excess of sixteen hundred dollars paid by him in a base
period; and pro\'ided, further, that on and after April first,
nineteen hundred and forty-six, benefit wages charged against
each employer shall include that part of wages not in excess
of nineteen hundred dollars paid by him in a base period.
Approved April 8, 1946.
Chap.171 An Act prohibiting the employment of minors under
EIGHTEEN ON WORK AT DANGEROUS HEIGHTS.
Be it enacted, etc., asfolloivs:
Section sixty-two of chapter one hundred and forty-nine
of the General Laws, as most recently amended by chapter
three hundred and thirty-seven of the acts of nineteen hun-
dred and forty-five, is hereby further amended by inserting
after the word "sold", in the twentieth line, the following: —
; (15) in any room or other subdivision of a building at a
height of more than thirty feet above the floor of such room
or other subdivision, or in any other place at a height of
more than thirty feet above the ground level or water level,
as the case may be. Approved April 8, 1946.
G. L. (Ter.
Ed.). 149,
§ 62, etc.,
amended.
Employment
of minors
under
eighteen.
Chap.172 An Act relative to priority as between mortgagees
OF furniture and other household effects AND
WAREHOUSEMEN.
Be it enacted, etc., as follows:
Section thirty-three of chapter one hundred and five of the
General Laws, as appearing in the Tercentenary Edition, is
hereby amended by adding at the end the following para-
graph : —
As against the holder of a duly executed mortgage of furni-
ture or other household effects, or a person claiming under
him, the lien of a warehouseman, who has received such fur-
niture or effects from the mortgagor, or a person claiming
under him, without actual notice of the mortgage, for all
lawful charges and expenses specified in section thirty-two
shall prevail after the expiration of ninety days after de-
livery of the property to the warehouseman where a breach
of condition of the mortgage by failure to pay in accordance
with the terms thereof exists at the time of such delivery,
or after the expiration of ninety days after such a breach of
condition occurring after delivery of the property as afore-
said, if, in either case, prior to the expiration of the period
G. L. (Ter.
Ed.), 105, §33.
amended.
Priority
between
mortageea of
furniture, etc.
and ware-
housemen.
Acts, 1946. — Chaps. 173, 174. 133
aforesaid applicable in such case no written demand for
delivery of the property has been made upon the warehouse-
man by the mortgagee, or a person claiming under him;
provided, that, if at any time after such a breach has occurred
the warehouseman gives a written notice to the mortgagee,
or a person claiming under him, to remove the property from
the warehouse, the lien of the warehouseman shall prevail
after the expiration of thirty days from the date of such
notice, if prior to the expiration thereof the mortgagee, or a
person claiming under him, fails to remove the property
from the warehouse. Subject to other provisions of this
chapter, delivery of the property by the warehouseman to
a mortgagee, or a person claiming under him, who is entitled
to immediate possession because of such a breach of condi-
tion of the mortgage, in compliance with such a demand
or within thirty days after the date of such a notice shall
relieve the warehouseman from any claim by any depositor,
transferee of a depositor or other person who would be en-
titled to delivery of the property but for such demand or
notice. Approved April 8, 1946.
An Act to authorize the placing of the position of (^/^qt^ 173
nurse in the public welfare department of the city ^'
of somerville under the civil service laws.
Be it enacted, etc., as follows:
Section 1. The position of nurse in the public weKare
department of the city of Somerville shall, upon the effective
date of this act, become subject to the civil service laws, rules
and regulations, and the tenure of office of any incumbent
thereof shall be unlimited, subject, however, to said laws.
The person holding said office on said effective date shall be
subjected to a non-competitive examination by the division
of civil service, and upon passing the same shall be deemed
to be permanently appointed to said position without serv-
ing any probationary period. Such incumbent, upon failing
to pass such examination, may continue to serve in said posi-
tion but shall not be subject to said civil service laws.
Section 2. This act shall take full effect upon its Ac-
ceptance, during the current year, by vote of the city council
of said city, subject to the provisions of its charter, but not
otherwise. Approved April 8, 1946.
An Act further regulating the rate of interest on (JJiqj) ^74
loans of three hundred dollars or less. ^'
Be it enacted, etc., as follows:
Section 1. Chapter one hundred and forty of the Gen- g. l. (Ter.
eral Laws is hereby amended by striking out section one j^"||]^/e°c
hundred, as amended by chapter one hundred and nineteen amended."
of the acts of the current year, and inserting in place thereof
the following section: — Section 100. He shall establish Rate of
the rate of interest to be collected, and in fixing said rate '"*«'"^«*-
134 Acts, 1946. — Chap. 175.
shall have due regard to the amount of the loan, and the
nature of the security, and the time for which the loan is
made; but the total amount to be paid on any loan for inter-
est and expenses shall not, in the aggregate, exceed an amount
equivalent to two per cent a month for a period terminating
not later than one year after maturity, and to six per cent
per annum after the termination of said year, on the amount
actually received by the borrower, computed on unpaid bal-
ances; and no licensee or company or association to which
sections ninety-six to one hundred and twelve, inclusive,
apply shall charge or receive upon any loan a greater rate
of interest than that fixed by the commissioner. No charge,
bonus, fee, expense or demand of any nature whatsoever,
except as above provided, shall be made upon loans to which
said sections relate.
{^"cerfaln*^^ SECTION 2. This act shall not affect any loan made prior
ca^" *"" to the time at which any new rate of interest established
under authority thereof becomes effective.
Approved April 8, 1946.
Chap.175 An Act permitting defendants, on appeal in summary
PROCESS CASES, TO FILE A BOND SECURED BY CASH OR ITS
EQUIVALENT, INSTEAD OF BY SURETIES.
Be it enacted, etc., as follows:
Ed^JJg^s Section 1. Chapter two hundred and thirty-nine of the
amended.' ' General Laws is hereby amended by striking out section
five, as appearing in the Tercentenary Edition, and insert-
Appeal, ing in place thereof the following section : — Section 5. If
^°f*^' ... ^^^ defendant appeals from a judgment of a district court
rendered for the plaintiff for the possession of the land or
tenements demanded, he shall, except as provided in section
six, before such appeal is allowed, give bond in such sum as
the court orders, payable to the plaintiff, with sufficient
surety or sureties approved by the plaintiff or court, or
secured by cash or its equivalent deposited with the clerk,
in a reasonable amount to be fixed by the plaintiff or court,
conditioned to enter the action in the superior court for that
county at the return day next after the appeal is taken, and
to pay to the plaintiff, if final judgment is in his favor, all
rent accrued at the date of the bond, all intervening rent,
and all damage and loss which he may sustain by the with-
holding of possession of the land or tenements demanded
and by any injury done thereto during such withholding,
with all costs, until the delivery of possession thereof to
him. A certificate of such deposit of cash or its equivalent
shall be issued to the depositor by the clerk, and the deposit
shall be transmitted by him with the papers to the clerk of
the superior court, who shall thereupon deliver a receipt
therefor to such clerk. The superior court may give direc-
tions as to the manner of keeping such deposit. Upon final
judgment for the plaintiff, all money then due to him may
be recovered in an action on the bond.
Action thereon.
Acts, 1946. — Chap. 176. 135
Section 2. This act shall take effect on August first of J^^®''**'^^
the current year, and shall apply only in the case of appeals
taken on or after said date. Approved April 8, 1946.
An Act relative to the giving of false weight or Qfidj) jyg
MEASURE. ^*
Be it enacted, etc., as follows:
Chapter ninety-four of the General Laws is hereby g. l. (Xer.
amended by striking out section one hundred and seventy- Amended.* ^^^'
seven, as appearing in the Tercentenary Edition, and in-
serting in place thereof the following : — Section 1 77, ^^^"JJ^/^.^
Except as otherwise provided by section two hundred and orm^sure,
forty-eight, whoever himself or by his servant or agent ^**''
gives or attempts to give false or insufficient weight or
measure, or inferentially misrepresents the weight or quan-
tity of a commodity sold or delivered by weight or measure
by stating a price without stating the weight or quantity
of such commodity, such price being in fact greater than
the price advertised for such commodity or mutually under-
stood by both parties to be the price for a given weight or
measure, or demands or accepts payment in excess of the
regularly quoted selling price of a commodity sold or de-
livered by weight or measure, or takes or attempts to take
more than the quantity he represents when, as the buyer,
he furnishes the weights, measures or weighing or measuring
device by means of which the amount of commodity is
determined, shall be punished for the first offence by a fine
of not more than fifty dollars, for the second offence by a
fine of not more than two hundred dollars, and for a sub-
sequent offence by a fine of fifty dollars and by imprison-
ment for not less than one nor more than three months.
Approved April 8, 1946.
The Commont\'ealth of Massachusetts,
Executive Department, State House,
Boston, June 19, 1946.
Honorable Frederic W. Cook, Secretary of the Commonwealth,
State House, Boston.
Sir: — I, Maurice J. Tobin, by virtue of and in accord-
ance with the provisions of the Forty-eighth Amendment to
the Constitution, "The Referendum II, Emergency Meas-
ures", do declare that in my opinion, the immediate preser-
vation of the public convenience requires that the law passed
on the 8th day of April in the year nineteen hundred and
forty-six, being Chapter 176 of the Acts of 1946 entitled,
"An Act Relative to the Giving of False Weight or Meas-
ure", should take effect forthwith and that it is an emer-
gency law and that the facts constituting the emergency are
as follows:
There is at the present time a scarcity of meat and other
food products that are sold by weight or measure. This
scarcity is accentuated by an unbalanced distribution. In
136 Acts, 1946. — Chaps. 177, 178.
order to effect a more balanced distribution of food by pre-
venting over-charges, it is necessary that the legislation re-
ferred to above be immediately operative.
Very truly yours,
Maurice J. Tobin,
Governor of Massachusetts.
Office of the Secretart, Boston, June 19, 1946.
I hereby certify that the accompanying statement was
filed in this office by His Excellency the Governor of the
Commonwealth of Massachusetts at one o'clock and thirty-
five minutes, p.m., on the above date, and in accordance
with Article Forty-eight of the Amendments to the Consti-
tution said chapter takes effect forthwith, being chapter one
hundred and seventy-six of the acts of nineteen hundred and
forty-six.
Paul D, Howard,
DeptUy Secretary of the Commonwealth.
Chap. 177 An Act relative to the arrest of male debtors after
ADJOURNMENT OF COURT.
Be it enacted, etc., as follows:
G. L. (Ter Section eighteen of chapter two hundred and twenty-
Liended! ^^' four of the General Laws, as appearing in the Tercentenarj'
Edition, is hereby amended by inserting after the first
paragraph the following paragraph : —
Arrest after A dcbtor arrestcd on a capias after court has adjourned
adyoJirn^d. may be lodged with the keeper of the lock-up in the city or
town in which he is arrested, or lodged with the keeper of
the common jail. Said keeper shall receive the debtor from
the arresting officer and hold the debtor until the next
sitting of the court issuing the capias, at which time the
officer shall call for the debtor and take him before the
court. The debtor shall be allowed a reasonable time to
procure sureties for his recognizance to appear before the
court issuing the capias at the next sitting of court. A
master in chancery may accept his recognizance to the
creditor with surety or sureties in a sum not less than the
judgment, conditioned that he will appear before the court
at its next sitting and from time to time until the proceed-
ings are concluded. The provision for the arrest of a debtor
after court has adjourned shall not apply to female debtors.
Approved April 8, 1946.
Chap. 17 S An Act relative to the issuance to persons in the mili-
tary OR naval service of the united states of special
certificates entitling them to hunt and fish in
this commonwealth.
Emergency Whcrcas, The deferred operation of this act would tend
preamble
in part to defeat its purpose, which is to extend without
delay certain privileges granted to persons in the military
Acts, 1946. — Chap. 179. 137
or naval service of the United States during the present war
with respect to hunting and fishing in this commonwealth,
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 hundred and eighty-eight of
the acts of nineteen hundred and forty-three is hereby
amended by striking out section one and inserting in place
thereof the following section : — Section 1 . A person in the
military or naval service of the United States may be
granted a special certificate entitling him to hunt any bird
or mammal within the commonwealth, or to fish in any of
the inland waters of the commonwealth, which certificate
the director of the division of fisheries and game of the de-
partment of conservation and the clerk of any city or town
are hereby authorized to issue, and the holder of such cer-
tificate shall have the same rights and privileges and be
subject to the same duties as if he held a sporting license.
Such certificate shall be in the form prescribed upon a blank
furnished by said division of fisheries and game, and shall
continue in force until December thirty-first in the year
when granted notwithstanding that the holder of such special
certificate terminates his military or naval service prior to
said date. In case of residents of the commonwealth no fee
shall be charged for such certificate, and in case '"- rf
residents a fee of two dollars shall be charged therefor.
Section 2. This act shall be in effect only during the
continuance of the existing states of war between the United
States and certain foreign countries.
Approved April 8, 1946.
An Act repealing certain provisions of law which Chav 179
DEFER the granting OF ONE DAY OFF IN EVERY SIX DAYS
FOR MEMBERS OF THE POLICE FORCE OF THE CITY OF
BOSTON.
Be it enacted, etc., as follows:
Section 1. Chapter two hundred and seventy-four of
the acts of nineteen hundred and forty-three is hereby
amended by striking out section two and inserting in place
thereof the following: — Section 2. This act shall take full
effect upon its acceptance by vote of the city council of
said city, subject to the provisions of its charter, but not
otherwise.
Section 2. This act shall take effect upon its passage.
Approved April 8, 1946.
138 Acts, 1946. — Chaps. 180, 181.
Chap. ISO -A^ Act providing for the giving of notice of the date
OF expiration of licenses granted to engineers,
firemen and operators of hoisting machinery.
Be it enacted, etc., as follows:
G^L.^(Ter. ^ Section sixty-seven of chapter one hundred and forty-six
etc!, 'amended.* of the General Laws, as amended by section one of chapter
five hundred and twenty-five of the acts of nineteen hundred
and forty-one, is hereby further amended by inserting after
the word "Hcense" in the sixth line the following sentence:
— A notice of the date of expiration of a license shall, at least
thirty days prior to such date, be sent to the licensee, — so
License in as to read as follows : — Section 67. A license shall con-
S^unteM^ tinue in force for one year from the date of issue unless sus-
susp^nded or pended or revoked for incompetence or untrustworthiness of
the licensee, except that a special license shall not continue
in force after the holder thereof ceases to be employed in
the plant specified in the license. A notice of the date of
expiration of a license shall, at least thirty days prior to
such date, be sent to the licensee. The inspector of the
division for the town where a licensee resides may issue a
renewal license, upon payment of a fee of one dollar. A
person whose license is suspended or revoked shall surrender
his license to the chief or an inspector of the division. If a
new license of a different grade is issued, the old license shall
be destroyed by the examiner. Approved April 8, 1946.
revoked.
Chap.181 An Act authorizing the county commissioners of the
county of PLYMOUTH TO PARTICIPATE IN CO-OPERATIVE
SHORE PROTECTION AND REPAIR OF DAMAGE IN CERTAIN
TOWNS IN SAID COUNTY.
Be it enacted, etc., as follows:
Section 1. The county commissioners of the county of
Plymouth are hereby authorized to participate in the work
of shore protection and repair of damage done by storms in
certain towns in said county, and for such purpose may pay
such sums as may be necessary, not to exceed twenty-five
per cent of the cost of such work, in co-operation with the
commonwealth and with the towns in which such work is
done, or in co-operation with the commonwealth and said
towns and the federal government.
Section 2. For the purpose aforesaid, the treasurer of
said county, with the approval of the county commission-
ers, may borrow upon the credit of the county such sums
as may be necessary, not exceeding, in the aggregate, eighty
thousand dollars, and may issue bonds or notes of the county
therefor, which shall bear on the face the words Plymouth
County Shore Protection Loan, Act of 1946. Each author-
ized issue shall constitute a separate loan and such loans
shall be payable not more than five years from their dates.
The bonds or notes shall be signed by the county treasurer
Acts, 1946. — Chap. 182. 139
and countersigned by a majority of the county commission-
ers. The county may sell the said securities at public or
private sale, upon such terms and conditions as the county
commissioners may deem proper, but not for less than their
par value. Indebtedness incurred hereunder shall, except as
herein provided, be subject to chapter thirty-five of the
General Laws.
Section 3. The county treasurer of said county, with
the approval of the county commissioners, may issue tempo-
rary notes of the county, payable in not more than one year
from their dates, in anticipation of the serial bonds or notes
under this act, but the time within which such serial bonds
or notes shall become due and payable shall not, by reason
of such temporary notes, be extended beyond the time fixed
by this act. Any notes issued in anticipation of the serial
bonds or notes shall be paid from the proceeds thereof.
Section 4. In the event that any work authorized by
section one is performed by the commonwealth or by a
town the money to be contributed by the county of Plym-
outh shaU be paid into the state treasury or the town treas-
ury from time to time as requested by the state department
of pubhc works or by the department, board or officer of the
town having similar powers and duties, as the case may be,
but no such work shall be commenced until the contribu-
tion or contributions so requested have been so paid and no
money so contributed shall be used for any other purpose.
Section 5. This act shall take full effect upon its ac-
ceptance, during the current year, by the county commis-
sioners of the county of Plymouth, but not otherwise.
Approved April 8, 1946.
An Act establishing the office of second assistant QJidj) ig2
clerk in the municipal court of the south boston ^'
district.
Be it enacted, etc., as follows:
The first paragraph of section ten of chapter two hundred Ed^-2^^^''sio
and eighteen of the General Laws, as most recently amended etc., amended.'
by section one of chapter one hundred and ninety-three of
the acts of nineteen hundred and thirty-eight, is hereby fur-
ther amended by inserting after the word "district" in the
twenty-first line the words : — , the municipal court of the
South Boston district, — so as to read as follows : — The Assistant
clerk of a district court may, subject to the approval of the dutrfcrcourts.
justice, appoint one or more assistant clerks, who shall be
removable at his pleasure or at the pleasure of the court, for
whose official acts the clerk shall be responsible and who
shall be paid by him unless salaries payable by the county
are authorized in this section or in section fifty-three. Assist-
ant clerks with salaries payable by the county may be ap-
pointed in the central district court of northern Essex, the
municipal court of the Charlestown district, the municipal
140 Acts, 1946. — Chaps. 183, 184.
court of the Brighton district, the district court of western
Hampden, the district court of Newton, the district court of
northern Norfolk and in courts the judicial districts of which
have, according to the national or state census last preced-
ing, a population of sixty thousand or more. Second assist-
ant clerks with salaries payable by the county may be ap-
pointed in the municipal court of the Roxbury district, the
East Boston district court, the municipal court of the Charles-
town district, the municipal court of the Dorchester district,
the municipal court of the Brighton district, the municipal
court of the West Roxbury district, the municipal court of
the South Boston district, the central district court of
Worcester, and, subject to the approval of the county com-
missioners, in the first district court of eastern Middlesex,
the third district court of eastern Middlesex, the district
court of southern Essex, the second district court of Bristol,
the third district court of Bristol and the district court of
East Norfolk. Approved April 8, 1946.
Chap.lSS An Act authorizing fees for the issuance of duplicate
LICENSES BY THE LICENSING BOARD FOR THE CITY OF
BOSTON.
Be it enacted, etc., as follows:
The licensing board for the city of Boston is hereby au-
thorized and empowered to charge a fee not exceeding one
dollar for the issuance of a duplicate of any license granted
and issued by said board. Approved April 8, 1946.
C/iap. 184 An Act to authorize deductions from the wages or
SALARIES OF EMPLOYEES OF DISTRICTS AND MUNICIPALITIES
OF THE COMMONWEALTH FOR THE PURPOSE OF MAKING
CERTAIN PAYMENTS TO CREDIT UNIONS OF SUCH EMPLOYEES.
Be it enacted, etc., as follows:
Bd)'iJi^' Chapter one hundred and seventy-one of the General
new'5 6A' Laws is hereby amended by inserting after section six, as
added. appearing in the Tercentenary Edition, the following sec-
Pay-roll deduc- tion: — Section 6 A. Deductions on pay-roll schedules from
purchi°8eof the salary of any district or municipal employee in any
8hlre*a""te° amouut which such employee may specify in writing to the
authomed.' treasurer of the district or municipality by which he is
employed, for the purchase of credit union shares of, or
making deposits in, or for the repayment of any loan from,
any credit union operated by the employees of any such
district or municipality may be made, in the discretion of
such treasurer and subject to such rules and regulations as
he may establish. Any such authorization may be with-
drawn by the employee by giving such notice in writing of
such withdrawal as the rules and regulations require to the
district or municipal treasurer and by filing a copy thereof
with the treasurer of such credit union. The treasurer of
Acts, 1946. — Chaps. 185, 186. 141
the district or municipality by which such employee is
employed shall deduct from the salary of such employee
such amounts as may be certified on the pay-roll, and trans-
mit the sum so deducted to the treasurer of such credit
union for the purpose specified by the employee; provided,
that the district or municipal treasurer is satisfied by such
evidence as he may require that the treasurer of the credit
union has given bond as required by law for the faithful
performance of his duties. Moneys so deducted shall not be
attached or taken upon execution or other process while in
the custody of the treasurer of any district or municipality.
Approved April 8, 1946.
An Act requiring cities and towns to appropriate or (jhr.jy i ck
PROVIDE SUMS NECESSARY TOR FORECLOSURE OF TAX ^'
titles by proceedings in the LAND COURT.
Be it enacted, etc., as follows:
Chapter sixty of the General Laws is hereby amended by o. l. (Ter.
inserting after section fifty A, inserted by section two of new^'§^^B.
chapter one hundred and fifty-four of the acts of nineteen added.
hundred and thirty-four, the following section : — Sec- Budget to
tion 50B. Every city or town shall include in its annual ^ertauTsuma
budget the amount estimated by its treasurer as the amount necessary for
necessary for land court proceedings for tax title foreclosure; tax^tities'^by
provided, that the amount so included shall be not less than f^^dtomu *°
thirty-six dollars for each tax title ripe for foreclosure held
by said city or town as security for the payment of taxes
involving property having a current assessed valuation in
excess of one thousand dollars.
If in any year the amount so estimated is not included in
the budget as finally passed the treasurer shall certify in
writing to the assessors such portion of the amount esti-
mated in accordance with the preceding paragraph as has
not been provided and the assessors shall raise in the assess-
ment for such year the amount certified to them by the
treasurer and thereupon said amount shall be added to the
treasurer's appropriation and may be expended by said treas-
urer for necessary land court proceedings for tax title fore-
closure. Approved April 8, 1946.
An Act relative to signatures and information re- Chnv 186
quired on riders and endorsements on insurance ^'
policies and contracts.
Be it enacted, etc., as follows:
Chapter one hundred and seventy-five of the General EdV'm'^§33
Laws is hereby amended by striking out section thirty- ameAded.'
three, as appearing in the Tercentenary Edition, and insert-
ing in place thereof the following section : — Section S3. All ^o^fctes'lt""
such policies or contracts issued by such company shall be
signed by its secretary or an assistant secretary, or in their
142 Acts, 1946. — Chaps. 187, 188.
absence by a temporary secretary, and by its president or a
vice-president, or in their absence by two directors. Riders
or endorsements, other than riders or endorsements providing
for any of the benefits specified in section twenty-four,
attached to poHcies of life or endowment insurance and
annuity or pure endowment contracts, and riders or endorse-
ments attached to poHcies of accident and health insurance,
may be signed by one of the aforesaid officers of the company.
Riders or endorsements attached to any other policy or
contract of insurance need not be signed by any officer of
the company if signed by a duly authorized agent or repre-
sentative of the company; provided, that the name of the
company shall be printed, typed, written or stamped on
each such rider and the number of the policy or contract to
Facsiimie which it is to be attached is inserted therein. A facsimile
signaturefl. Qf ^j^g signature of any such officer imprinted on any policy
or contract or any rider or endorsement attached thereto,
or a facsimile of the signature of any such agent or repre-
sentative imprinted on any rider or endorsement which
under this section he is authorized to sign, shall have the
same validity as his written signature.
Approved April 8, 1946.
Chap. 1S7 An Act pkoviding sick leaves for foremen regularly
EMPLOYED BY CERTAIN CITIES AND TOWNS.
Be it enacted, etc., as follows:
Edo.'lTr' Section one hundred and eleven B of chapter forty-one
Imeidei*"' °^ ^^^ General Laws, inserted by chapter one hundred and
amen e . fifty-six of the acts of nineteen hundred and forty-five, is
hereby amended by inserting after the word "Any" in the
first line the word: — foreman, — so as to read as follows: —
Pkborers SecHoTi lllB. Any foreman, laborer, workman or mechanic
•tc. of certain fcgularly employed by any city or town which accepts this
towns!""^ section shall, when entitled thereto, be granted sick leaves
aggregating not more than fifteen days in any year, exclusive
of Sundays and holidays, without loss of pay; provided,
that sick leave allowances not used in any particular 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 year.
Approved April 8, 1946.
Chap. ISS An Act requiring the city of fall river to temporarily
REINSTATE JOSEPH M. CLEARY AS A LABORER FOR THE SOLE
PURPOSE OF BEING RETIRED.
Be it enacted, etc., as follows:
Section 1. Joseph M. Cleary, who was employed for
over twenty-four years as a laborer in the service of the
city of Fall River and who became separated from such
service in the year nineteen hundred and twenty-eight, by
Acts, 1946. — Chaps. 189, 190. 143
reason of inability to work on account of disability arising
out of and in the course of his employment, shall be rein-
stated by said city in its pubhc works department without
further examination, but for the sole purpose of being retired.
Upon his retirement as aforesaid there shall be paid to him a
pension at a rate equal to one half the rate of annual com-
pensation received by him at the time of his separation from
the classified labor service.
Section 2. This act shall take full effect upon its accept-
ance, during the current year, by vote of the city council of
said city, subject to the provisions of its charter, but not
otherwise. Approved April 8, 1946.
An Act authorizing the city of medford to compensate Qfidj) \gQ
THE MEMBERS OF ITS BOARD OF ALDERMEN. ^'
Be it enacted, etc., as follows:
Section 1. Section eight of chapter three hundred and
forty-five of the acts of nineteen hundred and three, as
amended by section one of chapter sixty-one of the acts of
nineteen hundred and thirty-eight, is hereby further amended
by adding at the end the following paragraph : —
The aldermen shall receive in full compensation for their
services as members of the board, or of any committee
thereof, such salary as may be established by ordinance, but
not exceeding seven hundred and fifty dollars per annum
for each member.
Section 2. This act shall be submitted for acceptance
to the registered voters of the city of Medford at the biennial
state election in the current year in the form of the following
question which shall be placed upon the official ballot to be
used in said city at said election: — ''Shall an act passed
by the general court in the year nineteen hundred and
forty-six, entitled 'An Act authorizing the city of Medford
to compensate the members of its board of aldermen', be
accepted?" If a majority of the votes cast on said question
is in the afiirmative, this act shall take full effect on January
first in the year nineteen hundred and forty-seven, otherwise
it shall have no effect. Approved April 8, 1946.
An Act relative to hunting on November eleventh or Chav 190
ON THE DAY FOLLOWING WHEN NOVEMBER ELEVENTH ^'
occurs on SUNDAY.
Be it enacted, etc., as follows:
Clause Eighteenth of section seven of chapter four of the o. l. (Ter.
General Laws, as most recently amended by section one of ftl^'a^ended.
chapter ninety-one of the acts of nineteen hundred and
forty-one, is hereby further amended by inserting after the
word "day" in the sixteenth line, as appearing in chapter
two hundred and forty-five of the acts of nineteen hundred
and thirty-eight, the words: — , and except that on Novem-
144
Acts, 1946. — Chap. 191.
" Legal
holiday'
Hunting on
November
eleventh not
prohibited
if otherwise
legal.
ber eleventh, or on the day following when November
eleventh occurs on Sunday, hunting during said hours, if
otherwise lawful, shall not be prohibited, — so as to read
as follows: — Eighteenth, ''Legal holiday" shall include
January first, February twenty-second, April nineteenth,
May thirtieth, July fourth, the first Monday of September,
October twelfth, November eleventh. Thanksgiving day
and Christmas day, or the day following when any of the
five days first mentioned, October tweKth, November
eleventh, or Christmas day occurs on Sunday; and the
pubUc ofl^ices shall be closed on all of said days; and all
laws, statutes, orders, decrees, rules and regulations regu-
lating the observance of the Lord's day shall be applicable
to May thirtieth and November eleventh between the hours
of seven o'clock ante meridian and one o'clock post meridian,
or during the same hours on the day following when May
thirtieth or November eleventh occurs on Sunday, except
that on May thirtieth, or on the day following when May
thirtieth occurs on Sunday, florist shops may be kept open
all of said day, and except that on November eleventh, or
on the day following when November eleventh occurs on
Sunday, hunting during said hours, if otherwise lawful,
shall not be prohibited; and all laws, statutes, orders, decrees,
rules and regulations regulating the keeping open of retail
stores on the Lord's day shall be applicable to the keeping
open of retail stores on October twelfth between the hours
of seven o'clock ante meridian and one o'clock post meridian,
or during the same hours on the day following when October
twelfth occurs on Sunday. "Legal holiday" shall also
include, with respect to Suffolk county only, March seven-
teenth and June seventeenth, or the day following when
March seventeenth or June seventeenth occurs on Sunday,
and the public offices of the cities of Boston, Chelsea and
Revere, the town of Winthrop and the county of Suffolk
shall be closed on said March seventeenth or the day follow-
ing when March seventeenth occurs on Sunday, and the
public offices in said county shall be closed on said June
seventeenth or the day following when June seventeenth
occurs on Sunday; provided, that the words "legal holiday"
as used in section forty-five of chapter one hundred and
forty-nine, and the word "holiday" as used in chapter one
hundred and seven, shall not include March seventeenth or
the day following when March seventeenth occurs on
Sunday. Approved April 8, 194-6.
Chap.191 An Act pertaining to the terms and tenures of office
OF PERSONS serving AS TRUSTEES OF BRADFORD JUNIOR
college.
Be it enacted, etc., as follows:
The terms and tenures of office of persons serving as
trustees of Bradford Junior College shall be fixed by the by-
laws of said institution notwithstanding the provisions of
Acts, 1946. — Chap. 192. 145
chapter seventy-four of the acts of eighteen hundred and
three, passed February tenth, eighteen hundred and four,
as amended. Approved April 8, 1946.
An Act further providing for the funding of overlay q^^q^j) 292
deficits by the city of boston. ^'
Be it enacted, etc., as follows:
Section 1. The city of Boston, for the purposes specified
in section two of this act, may issue from time to time bonds
or notes to an amount not exceeding, in the aggregate, one
million dollars; provided, that no bonds or notes authorized
by this section shall be issued later than the thirty-first day
of December, nineteen hundred and forty-seven. Such
bonds or notes shall bear on their face the words. City of
Boston Funding Loan, Acts of 1946. Each authorized issue
shall constitute a separate loan, and such loans shall be
paid in not more than five years from their dates. Indebted-
ness incurred under this section shall, except as herein
provided, be subject to the provisions, applicable to the city
of Boston, of chapter forty-four of the General Laws, exclu-
sive of the limitation contained in the first paragraph of
section seven thereof. Said citj^ may issue temporary
notes of the city, payable in not more than one year from
their dates, in anticipation of the issue of serial bonds or
notes authorized by this section, but the time within which
such serial bonds or notes shall become due and payable
shall not, by reason of such temporary notes, be extended
beyond the time fixed by this section. All notes issued in
anticipation of the issue of such serial bonds or notes shall
be paid from the proceeds thereof.
Section 2. The amounts borrowed under authority of
section one shall be used for the satisfaction of abatements
hereafter granted on account of tax assessments in each of
the years prior to nineteen hundred and thirty-eight, in
excess of the overlay or overlays of such years.
Section 3. The auditor of said city shall set up a separate
account of the proceeds of all loans issued under authority
of said section one. Charges shall be made against such
account only for the purposes authorized in section two,
and then only with the approval of the mayor.
Section 4. From and after the effective date of this
act and until all loans issued under authority of section
one of this act and section one of chapter two hundred and
twenty-five of the acts of nineteen hundred and forty-one
and section one of chapter two hundred and thirty-five of
the acts of nineteen hundred and thirty-eight, respectively,
are paid, the proceeds of all loans made by said city under
chapter forty-nine of the acts of nineteen hundred and
thirty-three, as amended, shall be used for no purpose other
than to meet notes issued by said city in anticipation of
revenue.
146 Acts, 1946. — Chap. 193.
Section 5. Bonds or notes issued under authority of
section one of this act shall, in favor of bona fide holders,
be conclusively presumed to have been duly and regularly
authorized and issued in accordance with the provisions
contained in this act ; and no holder thereof shall be obliged
to see to the existence of the purpose of that issue, or to the
regularity of any of the proceedings, or to the application
of the proceeds.
Section 6. Loan orders passed under authority of this
act shall be deemed to be emergency orders and as such
may be passed in the manner provided in the charter of said
city for loan orders for temporary loans in anticipation of
taxes.
Section 7. This act shall take full effect upon its ac-
ceptance by vote of the city council of the city of Boston,
approved by the mayor, but not otherwise.
Approved April 8, 194.6.
C/iap. 193 An Act authorizing the town of grafton to construct
AND OPERATE A SYSTEM OR SYSTEMS OF SEWERS.
Be it enacted, etc., as follows:
Section 1. The town of Grafton 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 may construct
such sewers or drains in said town as may be necessary, and,
for the purpose of providing better surface or other drainage,
may 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 town meeting
after the commencement of construction hereunder of a
system of sewerage and sewage disposal, a board of three
sewer commissioners who shall be citizens of the town, to
hold office, if elected at an annual meeting, one until the
expiration of one year, one until the expiration of two years,
and one until the expiration of three years, from such annual
town meeting, and until their successors are qualified, or,
if elected at a special meeting, one until the expiration of
one year, one until the expiration of two years, and one
until the expiration of three years, from the next succeeding
annutd town meeting, and until their successors are qualified;
Acts, 1946. — Chap. 193. 147
and thereafter, at each annual town meeting when the term
of a member expires, the town shall elect one member of the
board to serve for three years 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 selectmen shall act as a board of sewer com-
missioners or elects a board of sewer commissioners, the
town may at any time thereafter, by any or all the methods
permitted by general law, provide for the election of a board
of three sewer commissioners, or that the selectmen may
act as a board of sewer commissioners, as the case may 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, pubUc or private, in said town, necessary
for accomplishing any purpose mentioned in this act, and
may 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
railroad corporation, and that they shall not enter upon or
construct any drain or sewer within the location of any
railroad corporation except at such time and in such manner
as they may agree upon with such corporation, or, in case
of failure to agree, as may be approved by the department
of public utiUties.
Section 5. Until the board of sewer commissioners has
first been elected as provided in this act or the selectmen
have 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 town meeting after the commencement of the work
of construction 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"
hereinafter 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.
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, by vote, determine what
proportion of the cost of said system or systems of sewerage
and sewage disposal the town shall pay; provided, that it
148 Acts. 1946. —Chap. 193
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 collec-
tion of sewer assessments, to liens therefor and to interest
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
collector 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 necessary
expenses and liabilities incurred under this act, the town
may borrow 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, Grafton Sewerage Loan, Act of 1946. Each
authorized issue shall constitute a separate loan. Indebted-
ness incurred under this act shall be in excess of the statutory
hmit, 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
payment of charges and expenses incident to the mainte-
nance and operation of said system or systems of sewerage
and sewage disposal or to the extension thereof, to the pay-
ment of interest upon bonds or notes issued for sewer pur-
poses or to the payment or redemption of such bonds or
notes.
Section 10. Said board of sewer commissioners maj'
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 super-
intendent at its pleasure. Said board may, in its discretion,
prescribe for the users of said sewer system or systems such
annual rentals or charges based upon the benefits derived
therefrom as it may deem proper, subject however to such
rules and regulations as may be fixed by vote of the town.
Section 11. 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
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
Acts, 1946. — Chap. 194. 149
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-
hshed in the town of Grafton, if there be any, and if not,
then in some newspaper published in the county of Worces-
ter, and shall not take effect until such pubUcations 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
or systems 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 pubhc. At such hear-
mg, plans showing in detail all the work to be done in con-
structing said system or systems of sewerage and sewage
disposal shall be submitted to said department for its
approval.
Section 14. Tliis 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 incurred hereunder until such
acceptance. Approved April 8, 1946.
An Act relative to standards for schools and col- (3'/iflX).194
LEGES of pharmacy. ^'
Whereas, The deferred operation of this act would tend J^^f^,""^'
to defeat its purpose, which is to elevate at once the stand-
ards of pharmacy in the commonwealth and thereby to pro-
mote the pubhc safety and the pubhc health, therefore it is
hereby declared to be an emergency law, necessary for the
immediate preservation of the public health, safety and con-
venience.
Be it enacted, etc., as follows:
Chapter one hundred and twelve of the General Laws is g. l. (Xer.
hereby amended by inserting after section twenty-four A, new^'&^24ij,
inserted by section three of chapter five hundred and two added,
of the acts of nineteen hundred and forty-five, the following
section: — Section 2^8. The board and the commissioner Board and
of education shall forthwith establish standards to be met ofTd^^Uon'
by schools or colleges of pharmacy and when, in the opinion g^jj^'^^rd^**
of the board and the commissioner, such standards have
been met by any school or college of pharmacy, a certificate
of approval shall be awarded to such approved school or
college of pharmacy; provided, that if at any time such
approved school or college of pharmacy has, in the opinion
150
Acts, 1946. — Chaps. 195, 196.
of the board and said commissioner, lowered its standards
below that established by the board and said commissioner,
such certificate, after notice and hearing, may be revoked
by the board and said commissioner.
Approved April 9, 1946.
Chap.195 An Act providing a preference to public school
TEACHERS SERVING ON TENURE WHEN A REDUCTION IN
NUMBER OF TEACHERS IS NECESSARY BY REASON OF A DE-
CREASE IN THE NUMBER OF PUPILS.
Be it enacted, etc., as follows:
Section forty-two of chapter seventy-one of the General
Laws, as amended by chapter one hundred and twenty-three
of the acts of nineteen hundred and thirty-four, is hereby
further amended by inserting after the word "advisable" in
the twenty-seventh line the following sentence : — In case
a decrease in the number of pupils in the schools of a town
renders advisable the dismissal of one or more teachers, a
teacher who is serving at the discretion of a school com-
mittee under section forty-one shall not be dismissed if there
is a teacher not serving at discretion whose position the
teacher serving at discretion is qualified to fill.
Approved April 9, 1946.
G. L. (Ter.
Ed.). 71. § 42.
etc., amended.
Preference to
teachers
serving on
tenure when
decrease in
number of
pupils.
Chap
G. L. (Ter.
Ed.). 51.
i 22A. etc.,
amended.
Absent regis-
tration officers.
.196 An Act further regulating absent registration for
VOTING by those WHO BY REASON OF PHYSICAL DISABIL-
ITY ARE UNABLE TO MAKE APPLICATION IN PERSON AT
SESSIONS CALLED FOR THE PURPOSE OF REGISTERING
VOTERS.
Be it enacted, etc., as follows:
Section 1. Chapter fifty-one of the General Laws is
hereby amended by striking out section twenty-two A, in-
serted by section two of chapter seven hundred and fifteen
of the acts of nineteen hundred and forty-five, and inserting
in place thereof the following section: — Section 22 A. In
every city and town the registrars of voters, or, in case the
selectmen constitute the board of registrars of voters, the
selectmen, may, before every election at which absent vot-
ing is permitted, appoint a sufficient number of absent
registration officers who in addition to the registrars and the
assistant registrars may attend persons claiming to have the
qualifications for voting in their respective cities and towns,
but who, by reason of physical disability, are unable to ap-
ply in person for registration, to examine such persons rel-
ative to their qualifications for voting and to register such
of said persons as they find to be qualified. Such absent
registration ofiicers shall be appointed from the enrolled
voters of their respective cities and towns and shall, as
nearly as may be, equally represent the two leading political
parties.
Acts, 1946. — Chap. 196. 151
Absent registration officers appointed under this section Powers and
shall, in the performance of their duties, have all the pow-
ers, and be subject to all the obligations and penalties, of
registrars of voters, but their doings shall be under the di-
rection, and subject to the revision and acceptance, of the
registrars of voters.
Section 2. Said chapter fifty-one is hereby further g. l. (Ter.
amended by striking out section forty-two A, inserted by §4'2Afeto.,
section five of said chapter seven hundred and fifteen, and amended,
inserting in place thereof the following section : — Section Applications
43 A . Any person claiming to have the qualifications for vot- [egitt'r^Uon
ing in any city or town who, by reason of ph3^sical disability, phy^g^i"^
is unable to apply in person for registration may make ap- disabuity.
plication, in writing, to the registrars of voters of such city
or town for registration in the manner hereinafter provided.
Applications for registration under this section shall be made
on forms provided by said registrars and worded substan-
tially as follows : —
To the Registrars of Voters or Election Commissioners of the City or
Town of
I, , hereby make application
for registration as a voter and believe
(Street and Number)
that I have the qualifications for voting at elections held therein, but
I am unable by reason of physical disability to appear in person and
register as a voter.
I will be available for examination as to my qualifications for vot-
ing at
(Street and Number)
(Date)
Signed under penalties of perjury.
(Name of Applicant)
Certificate op Physician, Hospital Superintendent, Registered
Nurse or Christian Science Practitioner.
I, , certify that, in my opin*
ion, the applicant , personally
known to me, will by reason of physical disabiUty be unable to appear
in person to register prior to
Name
Residence
Designation
The form of application herein set forth when completed
shall, not later than the third day prior to the last day for
registration of voters, be returned by mail to the registrars
of voters of the city or town to which such request is made.
Applications received after said third day shall not be acted
upon.
The registrars shall seasonably after receipt of an appli-
cation for registration under this section delegate two reg-
istrars, assistant registrars or absent registration officers,
equally representing the two leading political parties, to
visit the person making the same, and the said officers, if
satisfied that the applicant is unable by reason of physical
disability to apply in person for registration, shall proceed
to examine him as to his qualifications for voting in the
152
Acts, 1946. — Chap. 197.
manner provided by this chapter. No such person shall be
so examined after the close of registration nor in any city or
town other than that in which he claims the right to vote;
provided, that, if the applicant is in the military or naval
service of the United States, he may be so examined not
less than three days before an election and, if he is found to
be qualified, a certificate of his registration shall be attached
to the voting list prepared, under section fifty-five, for use
thereat. Approved April 9, 1946.
Chap. 197 An Act making certain provisions of law relating to
THE SOLEMNIZATION OF MARRIAGES APPLICABLE TO THE
BAHa'iS, SO CALLED.
G. L. (Ter.
Ed.). 207, 5 30,
etc., amended.
Waiver of
five-day
marriage
law.
Chairman of
incorporated
Baha'is
may request
G. L. (Ter.
Ed.), 207.
§ 38, etc..
amended.
Solemnization
of marriage.
Be it enacted, etc., as follows:
Section 1. Section thirty of chapter two hundred and
seven of the General Laws, as most recently amended by
section one of chapter two hundred and fourteen of the acts
of nineteen hundred and forty-five, is hereby further amended
by inserting after the word "rabbi" in the fourteenth line
the words : — , chairman of an incorporated local spiritual
assembly of the Baha'is, — so as to read as follows: — Sec-
tion 30. Upon application by both of the parties to an
intended marriage, when both parties are residents of the
commonwealth or both parties are non-residents, or upon ap-
plication of the party residing within the commonwealth when
one of the parties is a resident and the 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 dis-
trict 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 certificate, or, in extraordinary
or emergency cases when the death of either party is immi-
nent, upon the authoritative request of a minister, clergy-
man, priest, rabbi, chairman of an incorporated local spirit-
ual assembly of the Baha'is 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. Section thirty-eight of said chapter two hun-
dred and seven, as most recently amended by chapter one
hundred and sixty-two of the acts of nineteen hundred and
thirty-two, is hereb}^ further amended by inserting after the
word "societies" in the twenty-fourth line the words: — ,
and it may be solemnized among the Baha'is by the chair-
man of an incorporated local spiritual assembly of the Baha'is
according to the usage of their society, — so as to read as
follows: — Section 88. A marriage may be solemnized in
any place within the commonwealth by a minister of the
gospel who resides in the commonwealth or who if a non-
resident is the pastor of a church or denomination duly es-
tablished in the commonwealth and who is recognized by
Acts, 1946. — Chap. 197. 153
his church or denominatioTi as duly ordained and in good
and regular standing as a minister of such church or de-
nomination; by a rabbi of the Israelitish faith, duly licensed
by a congregation of said faith established in the common-
wealth, who has filed with the clerk or registrar of the city
or town where such congregation is established, a certificate
of the establishment of the synagogue therein, the date of
his appointment thereto and of the term of his engagement;
by a justice of the peace if he is also clerk or assistant clerk
of a city or town, or a registrar or assistant registrar, in the
city or town where he holds such office, or, if he is also clerk
or assistant clerk of a court, in the city or town where the
court is authorized to be held, or, if he has been designated
as provided in the following section and has received a cer-
tificate of designation and has qualified thereunder, in the
city or town where he resides; and it may be solemnized solemnized by
-n-1 i"vi T 1 /•!• chairman ol
among Friends or Quakers accordmg to the usage of theu- incorporated
societies, and it may be solenmized among the Baha'is by BaWis.^ ^
the chairman of an incorporated local spiritual assemblj'- of
the Baha'is according to the usage of their society; but no
person shall solemnize a marriage in the commonwealth un-
less he can read and write the English language.
Churches and other religious organizations shall file in the
office of the state secretary information relating to persons
recognized or licensed as aforesaid, in such form and at such
times as the secretary may require.
Section 3. Said chapter two hundred and seven is hereby g. l. (Ter.
further amended by striking out section forty, as appearing jfmis^nded! ^ *^'
in the Tercentenary Edition, and inserting in place thereof
the following section: — Section 40- Every justice of the Persons
peace, minister, rabbi, chairman of an incorporated local mi'i^agesTo
spiritual assembly of the Baha'is, and clerk or keeper of the ^n^^^X'^''^
records of a meeting wherein marriages among Friends or retvu-ns.
Quakers are solemnized shall make and keep a record of
each marriage solemnized by him, or in such meeting, and
of all facts relative to the marriage required to be recorded
by section one of chapter forty-six. He shall also, between
the first and tenth days of the month following each mar-
riage solemnized by him, return each certificate issued un-
der section twenty-eight to the clerk or registrar who issued
the same; and if the marriage was solemnized in a town
other than the place or places where the parties to the mar-
riage resided, return a copy of the certificate, or of either
certificate if two were issued, to the clerk or registrar of the
town where the marriage was solemnized. Each certificate
and copy so returned shall contain a statement giving the
place and date of marriage, attested by the signature of the
person who solemnized the same or of said chairman of an
incorporated local spiritual assembly of the Baha'is or of
said clerk or keeper of the records of a Friends or Quaker
meeting. The person who solemnized the marriage shall
add the title of the office by virtue of which the marriage
was solemnized, as "justice of the peace", "minister of the
154
Acts, 1946. — Chaps. 198, 199.
G. L. (Ter.
Ed.). 207. i 42,
amended.
Marriages
valid though
irregularly
solemnized.
gospel", "clergyman", "priest", "rabbi", or "chairman of
an incorporated local spiritual assembly", and his residence.
All certificates or copies so returned shall be recorded by the
clerk or registrar receiving them.
Section 4. Section forty-two of said chapter two hun-
dred and seven, as so appearing, is hereby amended by in-
serting after the word "Quakers" in the third line the
words: — or Baha'is, — so as to read as follows: — Section
J^2. A marriage solemnized by a person professing to be a
justice of the peace having authority to solemnize mar-
riages, a minister of the gospel or a rabbi, or solemnized
among Friends or Quakers or Baha'is according to their
usages, shall not be void, nor shall the validity thereof be
in any way affected by want of authority in such person
or society, or by an omission or by informality in the man-
ner of filing the notice of intention, if the marriage is in
other respects lawful and is consummated with a full belief
of either of the persons so married that they have been law-
fully married. Approved April 10, 1946.
Chap.198 An Act relative to zoning in multiple residence dis-
tricts AND GENERAL RESIDENCE DISTRICTS IN THE CITY
OF BOSTON.
Be it enacted, etc., as follows:
Section 1. Section three A of chapter four hundred and
eighty-eight of the acts of nineteen hundred and twenty-
four, as inserted by section five of chapter three hundred
and seventy-three of the acts of nineteen hundred and forty-
one, is hereby amended by striking out paragraph (1) and
inserting in place thereof the following paragraph: —
(1) Any use permitted in a single residence district, sub-
ject to the conditions prescribed for such use in section three.
Section 2. Section four of said chapter four hundred and
eighty-eight, as amended, is hereby further amended by
striking out paragraph (1) and inserting in place thereof the
following paragraph : —
(1) Any use permitted in a single residence district, sub-
ject to the conditions prescribed for such use in section three.
Approved April 10, 1946.
Chap. 199 An Act relative to applications for abatement of
certain local taxes.
Be it enacted, etc., as follows:
Section 1. Section fifty-nine of chapter fifty-nine of
the General Laws, as most recently amended by section
four of chapter six hundred and twenty-one of the acts of
nineteen hundred and forty-five, is hereby further amended
by striking out the first sentence and inserting in place
thereof the following sentence: — A person upon whom a
tax has been assessed or the administrator of the estate of
such a person or the executor or trustee under the will of
G. L. (Ter.
Ed.). 59. S 59.
etc., amended.
Application
for abatement.
Acts, 1946. — Chap. 200. 155
such a person, if aggrieved by such tax, may, except as here-
inafter otherwise provided, on or before October first of the
year to which the tax relates or, if the tax is other than a
poll tax and the bill or notice was first sent after September
first of such year, on or before the thirtieth day after the date
on which the bill or notice was so sent, apply in writing to
the assessors, on a form approved by the commissioner,
for an abatement thereof, and if they find him taxed at more
than his just proportion, or upon an assessment of any of
his property in excess of its fair cash value, they shall make
a reasonable abatement; provided, that a person aggrieved
by a tax assessed upon him under section seventy-five or
reassessed upon him under section seventy-seven may
apply for such abatement at any time within three months
after the bill or notice of such assessment or reassessment is
first sent to him.
Section 2, This act shall not operate to reduce any
period of limitation which has commenced to run prior to
the time it takes effect. Approved April 10, 1946.
An Act to authorize the placing of the office of chief Chap. 200
OF police of the city of TAUNTON UNDER CIVIL SERVICE
LAWS.
Be it enacted, etc., as follows:
Section 1. The office of chief of poUce of the city of
Taunton shall, upon the effective date of this act, become
subject to the civil service laws and rules and regulations
relating to permanent members of police departments in
cities, and the tenure of office of any incumbent of said office
shall be unlimited, subject, however, to said laws; provided,
that the incumbent of said office on said effective date shall
continue to serve therein under his present appointment
only until the qualification of a person appointed thereto
after a competitive civil service examination, which exam-
ination shall be held by the director of civil service as
soon as practical after the placing of said office within the
classified civil service, but such service by said incumbent
shall not be deemed to be subject to chapter thirty-one of
the General Laws. After the establishment of the eligible
list, appointment to said office shall be made by a majority
of the members of the municipal council of said city from
those persons who have qualified under said civil service,
and in accordance with the civil service laws and rules.
Section 2. So much of section seventeen of chapter
four hundred and forty-eight of the acts of nineteen hundred
and nine and of any other special law as is inconsistent here-
with is hereby repealed, and any provision of general law
in so far as inconsistent herewith shall be inoperative with
respect to such city.
Section 3. This act shall be submitted for acceptance
to the registered voters of the city of Taunton at the next
biennial state election in the form of the following question,
156
Acts, 1946. — Chaps. 201, 202.
which shall be placed upon the official ballot to be used in
said city at said election : —
Shall the city vote to place the office of chief of police of
the city of Taunton within the classified civil service and
the position be filled as a result of open competitive
examination?
If a majority of the voters voting thereon votes in the
affirmative, then this act shall take full effect, but not
otherwise. Approved April 10, 1946.
YES.
NO.
Emergency
preamble.
C/mp.201 An Act changing the date for the observance of arbor
AND BIRD DAY.
Whereas, The deferred operation of this act would tend
in part to defeat its purpose, which is to make immediately
operative during the current year the change of date for
the observance of Arbor and Bird Day, therefore it is hereby
declared to be an emergency law, necessary for the immedi-
ate preservation of the public convenience.
Be it enacted, etc., as follows:
Section fifteen of chapter six of the General Laws, as
appearing in the Tercentenary Edition, is hereby amended
by striking out, in the second hne, the word "Saturday"
and inserting in place thereof the word : — Friday, — and
by striking out. in the eighth line, the words "the Friday
preceding" and inserting in place thereof the words: —
such day, — so as to read as follows: — Section 15. The
governor shall annually issue a proclamation setting apart
the last Friday in April as Arbor and Bird Day, recommend-
ing its observance by the public in the planting of trees,
shrubs and vines, particularly those attractive to birds, in
the promotion of forest growth and culture, in the adorn-
ment of public and private grounds, places and ways, and
in such other efforts and undertakings as shall harmonize
with the general character of the day. He shall further
recommend that such day be observed in rural and suburban
schools by exercises appropriate to Arbor and Bird Day.
Approved April 11, 1946.
G. L. (Ter.
Ed.), 6. § 1
amended.
Observance
of Arbor
and Bird Day
Emergenc:
preamble.
Chap. 202 An Act relative to the termination of tenancies at
WILL for non-payment OF RENT.
Whereas, The defen-ed operation of this act would tend
to defeat its purpose, which is to prevent the termination of
tenancies at will in certain cases during the present housing
shortage, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public
convenience.
Be it enacted, etc., as follows:
Chapter one hundred and eighty-six of the General Laws
is hereby amended by striking out section twelve, as appear-
ing in the Tercentenary Edition, and inserting in place
thereof the following section: — Section 12. Estates at will
G. L. (Ter.
Ed.). 186, § 12,
amended.
Termination
of tenancy
Acts, 1946. — Chap. 203. 157
raay be determined by either party by three months' notice at ?^ii by .
in writing for that purpose given to the other party; and, if °"*"^ ''"'*■
the rent reserved is payable at periods of less than three
months, the time of such notice shall be sufficient if it is
equal to the interval between the days of payment. In case
of neglect or refusal to pay the rent due from a tenant at
will, fourteen days' notice to quit, given in writing by the
landlord to the tenant, shall be sufficient to determine the
tenancy; provided, that the tenancy of a tenant who has not
received a similar notice from the landlord within the
twelve months next preceding the receipt of such notice shall
not be determined if, within five days after the receipt
thereof, he pays or tenders to the landlord the full amount
of rent due. Approved April 11, 1946.
An Act relative to certain lines, poles, and other (Jji^j) 203
EQUIPMENT OF THE LYNN GAS AND ELECTRIC COMPANY, ^'
THE NEW ENGLAND TELEPHONE AND TELEGRAPH COM-
PANY, THE AMERICAN TELEPHONE AND TELEGRAPH COM-
PANY AND THE "WESTERN UNION TELEGRAPH COMPANY IN
THE CITY OF LYNN AND TOWNS OF NAHANT, SAUGUS, AND
SWAMPSCOTT.
Be it enacted, etc., as follows:
Section 1. All lines for the transmission of electricity
for lighting, heating or power heretofore erected or acquired
by Lynn Gas and Electric Company, and all such lines here-
tofore erected or acquired by New England Telephone and
Telegraph Company, American Telephone and Telegraph
Company or by The Western Union Telegraph Company,
for the transmission of intelligence by electricity or by tele-
phone, upon, along, under and across the public ways and
places of the city of Lynn, and of the towns of Nahant,
Saugus and Swampscott, and the poles, piers, abutments,
conduits and other fixtures necessary to sustain, protect or
operate the wires and cables of said lines, which are actually
in place on the effective date of this act, are hereby made
lawful, notwithstanding the lack of any valid locations
therefor, or any informality in the proceedings relative to
their location and erection; provided, that the vahdation
aforesaid shall not be efi"ective as to the lines, structures or
fixtures aforesaid of any one of said companies in said city
or in any one of said towns unless the company owning the
same shall have filed with the clerk of said city or of such
town not later than December thirty-first, nineteen hundred
and forty-six, a map or maps showing the location of such
lines, structures and fixtures in said city or in such town,
such map or maps so filed to be recorded and kept with the
records of original locations for poles and wires in said city
or in such town.
Section 2. This act shall take effect upon its passage.
Approved April 11, 1946.
158 Acts, 1946. — Chaps. 204, 205, 206.
Chap. 204: An Act providing for the recording of amended or
SUBSTITUTED AFFIDAVITS OF SALE UNDER REAL ESTATE
MORTGAGES.
Be it enacted, etc., as follows. •
Ed^'2^"§i5 Section fifteen of chapter two hundred and forty-four of
amended! ' the General Laws, as appearing in the Tercentenary Edi-
tion, is hereby amended by adding at the end the following
Recording of Sentence: — In case of an error or omission in an affidavit
sXtuute"'^ recorded as aforesaid, the land court, on petition and after
m^y*u** ^^^^ notice as it may order may, if it deems proper, authorize
^^thorized. the recording of an affidavit amending, correcting, or in sub-
stitution for, an affidavit so recorded, and the affidavit so
authorized to be recorded, or a certified copy of the record
thereof, shall have the same effect and shall be admitted as
evidence, as if it had been recorded within said thirty days,
but such a subsequent affidavit shall not prejudicially affect
any title or interest in land which may have arisen or have
been created between the recording of the original and of
the subsequent affidavit. Approved April 11, 1946.
Chap. 205 An Act authorizing the city of boston to pay to cer-
tain EMPLOYEES THEREOF ADDITIONAL COMPENSATION
COVERING A PERIOD DURING WHICH THE MATTER OF THEIR
CLASSIFICATIONS AND SALARY RANGES WAS BEING DETER-
MINED ON APPEAL.
Be it enacted, etc., as follows. •
Section 1. There shall be paid from the treasury of the
city of Boston to each employee of said city whose position
was classified and salary range established by decision of
the director of civil service subsequent to the year nineteen
hundred and forty-one, and who appealed from said decision
and in consequence of said appeal received a higher classifica-
tion and salary, an amount equal to the difference between
the amount of salary actually received by such employee
and the amount which such employee would have received if
such higher salary rating had been in effect from the date of
said decision of said director to the date of the decision on
appeal.
Section 2. This act shall take effect upon its passage.
Approved April 11, 1946.
Chap. 20Q An Act relative to the election and terms of office
of assessors in the town of DARTMOUTH.
Be it enacted, etc., as follows:
Notwithstanding any provision of the General Laws to
the contrary, if the town of Dartmouth shall accept the
provisions of this act as hereinafter provided, it shall in the
year next following the year of such acceptance elect a prin-
cipal assessor, who shall serve as chairman of the board of
assessors for a term of three years, an assessor for a term of
Acts, 1946. — Chap. 207. 159
two years and an assessor for a term of one year. At the
expiration of said terms, the term of the oflBce of the principal
assessor and of the other assessors respectively shall be three
years. Upon the qualification of the principal assessor and
the other assessors first elected under authority of this act,
the terms of office of the assessors then in office shall cease
and determine. This act may be accepted at the next annual
election of town officers and the selectmen shall direct the
town clerk to cause the question of acceptance to be placed
upon the official ballot for said election.
Approved April 11, 1946.
An Act belative to the licensed operation on the Chav. 207
lord's day of bowling alleys. ^'
Be it enacted, etc., as follows. •
Section 1. Section two of chapter one hundred and Sj^-5Jg^''-. 2
thirty-six of the General Laws, as most recently amended by etc!, 'amended',
chapter seventy-eight of the acts of nineteen hundred and
thirtj-^-five, is hereby further amended by inserting after the
letter "A" in the seventeenth line the words: — or four B, —
so as to read as follows: — Section 2. Whoever on the Being present
Lord's day is present at a game, sport, play or public diver- parTin'^cerfain
sion, except a concert of sacred music, a public entertain- o^ Lo^d^sX?*
ment duly hcensed as provided in section four or a free prohibited.
open air concert given by a town, or by license of the mayor
or the selectmen, upon a common or pubhc park, street or
square, or except a game of golf conducted on an open air
golf course other than a miniature golf course, so called, or
except a game of tennis or dancing at a wedding if no charge
is made for being present or for dancing, shall be punished
by a fine of not more than five dollars. Whoever on the
Lord's day takes part in any game, sport, play or pubhc
diversion, except as aforesaid, shall be punished by a fine of
not more than fifty dollars. This and the following section
shall not apply to amusement enterprises lawfully conducted
under section four A or four B or to sports or games con-
ducted in accordance with sections twenty-one to twenty-
five, inclusive, in any city or town which accepts said sec-
tions or in accordance with sections twenty-six to thirty-two,
inclusive, in any city or town in which said sections twenty-
six to thirty-two are then in force.
Section 2. Section four A of said chapter one hundred g l. (Xer.
and thirty-six, as most recently amended by section one of §4A/e^c!.
chapter three hundred and nine of the acts of nineteen hun- amended.
dred and thirty-three, is hereby further amended by adding
at the end the following sentence : — So much of this section BowUng alleys
as relates to the maintenance and operation of bowling certain clue's"
alleys shall not apply in any city or town which shall have o"" ^o^^s.
accepted the provisions of section four B.
Section 3. Said chapter one hundred and thirty-six is g. l. (Ter.
hereby further amended by inserting after section four A, nt^'^l^,
as amended, the following section: — Section 4^. In any abided.
160
Acts, 1946. — Chap. 208.
License for
operation on
Lord's day of
bowling idleys.
G. L. (Ter.
Ed.). 136, § 6,
etc., amended.
city which accepts this section by vote of its city council
and in any town which accepts this section by vote of its
inhabitants, the city council, with the approval of the
mayor, or the selectmen, as the case may be, may grant
licenses for the operation of bowling alleys on the Lord's
day between the hours of one and eleven post meridian;
provided, that no such license may authorize the operation
of bowling allej^s on Easter, or on Christmas day if such day
falls on the Lord's day. Every license granted hereunder
shall specify the location of the place of business in which
the license is to be exercised, and the license shall not be
valid in any other place. Bowling alleys operated under
such licenses shall be operated subject to such regulations
and restrictions as shall be prescribed from time to time by
the city council, with the approval of the mayor, or by the
selectmen. Said regulations and restrictions shall be stated
in the license. Said licensing authorities may at any time
and without previous notice revoke Hcenses issued under this
section if they have reason to believe that any provision of
this section, or of any regulation or restriction prescribed
thereunder, is being or will be violated.
Section 4. Section six of said chapter one hundred and
thirty-six, as most recently amended by chapter four hun-
dred and seventy-three of the acts of nineteen hundred and
forty-three, is hereby further amended by striking out the
last paragraph, as appearing in section six of chapter three
hundred and seventy-three of the acts of nineteen hundred
and thirty-four, and inserting in place thereof the following
paragi-aph : —
Nor shall it prohibit the conduct of any enterprise lawfully
conducted under section four A or section four B.
Approved April 12, 1946.
Chap. 208 An Act authorizing the town of dudley to contrib-
ute TOWARD THE EXPENSE OF THE CELEBRATION BY THE
TOWN OF WEBSTER OF THE RETURN OF THE MEN AND
WOMEN WHO SERVED IN OR WERE AFFILIATED OR ASSO-
CIATED WITH THE ARMED FORCES OF THE UNITED STATES
IN WORLD WAR II.
Be it enacted, etc., as follows:
Section 1. The town of Dudley may appropriate money
for the purpose of contributing toward the expense of the
celebration by the town of Webster, under the provisions
of chapter one of the acts of the current year, of the return
of men and women who served in or were affiliated or asso-
ciated with any branch of the armed forces of the United
States in World War IL
Section 2. This act shall take effect upon its passage.
Approved April 12, 1946.
Acts, 1946. — Chap. 209. 161
An Act providing for the application of certain laws Chap. 209
AFFECTING VETERANS AND THEIR ORGANIZATIONS TO THE
MARINE CORPS LEAGUE.
Be it enacted, etc., as follows:
Section 1. Section nine of chapter five of the General g^^J'^|'"g
Laws, as amended by section one of chapter two hundred etc!, 'amended.
and forty-five of the acts of nineteen hundred and thirty-
three, is hereby further amended by inserting after the word
"War" in the fifth line the words: — , Marine Corps League,
— and by inserting after the word "War" in the twenty-
fourth line the words: — , one copy of the volume relating
to the Marine Corps League to each detachment of the Ma-
rine Corps League, — so as to read as follows : — Section 9. Prese^vation^^
The state secretary shall annually procure copies of the pro- of'^proceedinga
ceedings of the annual encampments of the departments of gett^^dlp^aH-"
Massachusetts, Grand Army of the Republic.. United Span- g^°\°/g^g'*J'^°*
ish War Veterans, The American Legion, Disabled American and^otherwar
Veterans of the World War, Marine Corps League and Vet- ^^SionT
erans of Foreign Wars of the United States, held in that
year, with the general and special orders, circulars and other
papers forming parts thereof, and shall cause the same to
be kept as parts of the records of the commonwealth. He
shall annually cause copies thereof, including in the case of
those relating to the Grand Army of the Republic the por-
traits of the department officers and staff and of the execu-
tive committee of the national encampment, to be printed
and bound; and shall cause one printed and bound copy of
each to be sent to each town library in the commonwealth.
He shall also send one copy of each volume relating to the
Grand Army of the Republic to each Grand Army post, one
copy of the volume relating to the Unified Spanish War Vet-
erans to each camp of Spanish War Veterans, one copy of
the volume relating to The American Legion to each post of
The American Legion, one copy of the volume relating to
the Disabled American Veterans of the World War to each
chapter of the Disabled American Veterans of the World
War, one copy of the volume relating to the Marine Corps
League to each detachment of the Marine Corps League,
and one copy of the volume relating to the Veterans of For-
eign Wars to each post of the Veterans of Foreign Wars of
the United States, in the commonwealth. He shall cause
the other copies of each to be distributed in the same man-
ner as the annual report of the state secretary.
Section 2. Section nine of chapter forty of the General ^^j^-^o^'jg
Laws is herebj' amended by striking out the first paragraph, etc!, 'amended.
as most recently amended by chapter fifty-one of the acts
of the current year, and inserting in place thereof the follow-
ing paragi-aph : — A city or town may for the purpose of ^uthirized to'
providing suitable headquarters for a post or posts of The provide
American Legion and of the Veterans of Foreign Wars of the Marine Corps
United States and for a chapter or chapters of the Disabled ^fh^e^rwar*"^
American Veterans of the World War and for a post or veterans-
organizations.
162
Acts, 1946. — Chap. 209.
G. L. (Ten
Ed.). 266,
§ 70. etc.,
amended.
Unlawful use
of insignia of
Marine Corps
League and
other war
veterans' or-
ganizations.
posts of the Jewish War Veterans of the United States and
for a post or posts of La Legion Franco-Americaine des
Etats-Unis d'Amerique, and for a detachment or detach-
ments of the Marine Corps League, lease for a period not
exceeding five years buildings or parts of buildings which
shall be under the direction and control of such post or
posts, or chapter or chapters, or detachment or detachments
subject to regulations made in cities by the mayor with the
approval of the council and in towns by vote of the town,
and for said purposes a town with a valuation of less than
five million dollars may annually appropriate not more
than two thousand dollars; a town with a valuation of five
million dollars but not more than twenty million dollars
may annually appropriate not more than three thousand
dollars; a town with a valuation of more than twenty
million dollars but not more than seventy-five million dollars
may annually appropriate not more than four thousand
dollars; a town with a valuation of more than seventy-five
million dollars but not more than one hundred and fifty
million dollars may annually appropriate not more than five
thousand dollars ; and a town with a valuation of more than
one hundred and fifty million dollars may annually appro-
priate five thousand dollars for each one hundred and fifty
million dollars of valuation, or fraction thereof. The city
council of a city may, by a two thirds vote, appropriate
money for armories for the use of the state militia, for the
celebration of holidays, for the purpose of providing or
defraying the expenses of suitable quarters for posts of the
Grand Army of the Republic, including the heating and
lighting of such quarters, and for other hke public purposes
to an amount not exceeding in any one year one fiftieth of
one per cent of its valuation for such year.
Section 3. Section seventy of chapter two hundred and
sixty-six of the General Laws, as amended, is hereby further
amended by striking out, in the eleventh line, as appearing
in section three of chapter two hundred and seventeen of
the acts of nineteen hundred and forty-one, the words "or
the American Legion" and inserting in place thereof the
words: — , The American Legion or the Marine Corps
League, — so as to read as follows: — Section 70. Who-
ever, not being a member of the Military Order of the Loyal
Legion of the United States, the Grand Army of the Re-
public, the Sons of Union Veterans of the Civil War, the
Woman's Relief Corps, the Union Veterans' Union, the
Union Veteran Legion, the Military and Naval Order of
the Spanish-American War, the United Spanish War Vet-
erans, the American Officers of the Great War, the Veterans
of Foreign Wars of the United States, the Military Order of
Foreign Wars of the United States, the Disabled American
Veterans of the World War, the Yankee Division Veterans'
Association, The American Legion or the Marine Corps
League, wilfully wears or uses the insignia, distinctive
ribbons or membership rosette or button thereof for the
Acts, 1946. — Chaps. 210, 211. 163
purpose of representing that he is a member thereof shall
be punished by a fine of not more than twenty dollars or
by imprisonment for not more than one month, or both.
Approved April 12, 1946.
An Act making certain changes in the veterans' bonus Chap. 210
ACT, so called.
Whereas, The deferred operation of this act would tend ^^a^iT^
to defeat its purpose, which is to immediately eliminate cer- ^"^'^'^
tain inequalities now existing in the Veterans' Bonus Act,
so called, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public
convenience.
Be it enacted, etc., as follows:
Section 1 . Chapter seven hundred and thirty-one of the
acts of nineteen hundred and forty-five is hereby amended
by striking out section one and inserting in place thereof the
following: — Section 1. Upon application, as hereinafter
provided, there shall be allowed and paid out of the treasury
of the commonwealth, without appropriation and without a
warrant from the governor and council, to each person who
shall have served in the armed forces of the United States
on or after September sixteenth, nineteen hundred and forty
and prior to the termination of the present war, as declared
by presidential proclamation or concurrent resolution of the
congress, and shall have received a discharge or release, other
than a dishonorable one, from such service, the sum of one hun-
dred dollars; provided, that the domicile of every person on
account of whose service the application is filed shall have been
in the commonwealth for a period of not less than six months
immediately prior to the time of his entry into service.
Section 2. Section two of said chapter seven hundred
and thirty-one is hereby amended by inserting after the word
"Guard" in the fifth line the words: — , United States Coast
Guard Reserve, — so as to read as follows: — Section 2.
The words "armed forces", as used in this act, shall mean
the following : — United States Army, Army of the United
States, United States Navy, United States Naval Reserve,
United States Marine Corps, United States Marine Corps
Reserve, United States Coast Guard, United States Coast
Guard Reserve, Women's Army Corps, Women's Auxiliary
— Navy, Women's Auxiliary — United States Marine Corps,
Women's Auxiliary — United States Coast Guard, Army
Nurse Corps and Navy Nurse Corps.
Approved April 15 1946.
Chap. 211
An Act relative to the effect of a vacancy in the
office of assessor.
Be it enacted, etc., as follows:
Chapter forty-one of the General Laws is hereby amended Edo,' ii^^ew
by inserting after section thirty, as appearing in the Ter- IsoA. added.
centenary Edition, the following section: — Section 30 A. ^^^^^^^^.^
164
Acts, 1946. — Chaps. 212, 213.
A vacancy in the office of assessor shall not divest or suspend
the authority and powers of the remaining assessors, not-
withstanding any provision of special law making mandatory
the filling of vacancies. Approved April 15, 1946.
G. L. (Ter
Ed.). 231,
new § 6B,
ed.
adde
Chap. 212 An Act providing that interest from the date of
THE WRIT SHALL BE ADDED TO THE AMOUNT OF DAMAGES
AWARDED IN CERTAIN CIVIL ACTIONS.
Be it eriacted, etc., as follows:
Section 1. Chapter two hundred and thirty-one of the
General Laws is hereby amended by inserting after section
six A, inserted by section one of chapter three hundred and
seventy-two of the acts of nineteen hundred and thirty-
nine, the following section: — Section 6B. In any action
of tort in which a verdict is rendered or a finding made for
pecuniary damages for personal injuries to the plaintiff or
for consequential damages, or for damage to property, there
shall be added to the amount of damages interest thereon
from the date of the writ, even though such interest brings
the amount of the verdict or finding beyond the maximum
liability imposed by law.
Section 2. Section one hundred and forty-one of said
chapter two hundred and thirty-one, as most recently
amended by section two of chapter three hundred and fifty-
two of the acts of nineteen hundred and forty-five, is hereby
further amended by inserting after the word "six" in the
second line the following: — , six B.
Section 3. This act shall become operative on Septem-
ber first, nineteen hundred and forty-six, but shall not apply
to any cause of action acciiiing prior thereto.
Approved April 15, 19^6.
be added in
tort actions,
G. L. (Ter
Ed.). 231,
§ 141, etc.,
amended.
Effective date.
C/iap. 213 An Act relative to slaughtering of certain animals
AND INSPECTING, STAMPING OR BRANDING AND SELLING
the carcasses of SUCH ANIMALS.
Emergency
preamble.
G. L. (Ter.
Ed.). 94, §126.
amended.
Iuspecti<;u
ol carca88es.
Whereas, The deferred operation of this act would tend
in part to defeat its principal purpose, which is immediately
to curb the black-market, so called, in meat, therefore it is
hereby declared to be an emergency law, necessary for the
immediate preservation of the public convenience.
Be it enacted, etc., as follows:
Section 1. Section one hundred and twenty-six of chap-
ter ninety-four of the General Laws, as appearing in the Ter-
centenary Edition, is hereby amended by inserting after the
word "therein" in the fourth line the following: — and, upon
request of a person referred to in section one hundred and
thirty-three, at such person's premises when any of the ani-
mals mentioned in said section are to be slaughtered thereon
with the intention of selling their carcasses, — so as to read
as follows: — Section 126. An inspector appointed by the
local board of health, or member of such board of health
Acts, 1946. — Chap. 213. 166
acting as such inspector, shall be present at each licensed
slaughter house or establishment upon each day when slaugh-
tering is allowed by law to be carried on therein and, upon
request of a person referred to in section one hundred and
thirty-three, at such person's premises when any of the ani-
mals mentioned in said section are to be slaughtered thereon
with the intention of selhng their carcasses, and shall care-
fully examine the carcasses of all animals at the time of
slaughter. Such inspection shall be made in such manner
and under such rules and regulations as the department of
pubUc health may determine and direct. If, in the opinion
of such inspector or member, any carcass, or any meat or
product thereof is diseased, corrupted, unwholesome or unfit
for food, he shall seize it and cause it to be destroyed, as
provided in section one hundred and forty-six.
Section 2. Section one hundred and twenty-eight of ^jj^g^JYi^s
said chapter ninety-fom-, as so appearing, is hereby amended amended. " '
by inserting after the word "inclusive" in the second and
third lines the following : — , one hundred and thirty-three,
— so as to read as follows: — Section 12S. For the pur- Appointment,
poses of sections one hundred and nineteen, one hundred and etcTo^certain
twenty-five to one hundred and twenty-seven, inclusive, one inspectors.
hundred and thirty-tliree, and one hundred and fortj^-seven,
said inspectors shall be appointed and compensated, and
may be removed, in the manner provided for inspectors of
animals, under sections fifteen to seventeen, inclusive, of
chapter one hundred and twenty-nine, except that in respect
to such first named inspectors, local boards of health and
the department of pubUc health shall perform the duties and
exercise the authority imposed by said sections upon the
mayor or selectmen and upon the director of animal indus-
try, respectively, as to inspectors of animals.
Section 3. Said chapter ninety-four is hereby further g. i.. (Xer.
amended by striking out section one hundred and twenty- Sended.^ ^"^'
nine, as so appearing, and inserting in place thereof the fol-
lowing section: — Section 129. Carcasses of animals slaugh- Carcasses of
tered under sections one hundred and eighteen, one himdred mais deemed
and nineteen, one hundred and twenty-five to one hundred ""fit fo"" '■°°'^*-
and twenty-seven, inclusive, and one hundred and thirty-
three and not stamped or branded as provided in section
one hundred and twenty-seven, and all other carcasses of
neat cattle, horses, mules, sheep or swine which have not
been slaughtered, inspected and stamped or branded, as pro-
vided in said sections, shall be deemed unfit for human food
and shall not be sold or offered for sale.
Section 4. Section one hundred and thirty of said chap- g. l. (Xer.
ter ninety-four, as so appearing, is hereby amended by f^ended^^^^'
striking out, in the second to the fourth lines, inclusive, the
words "required by section one hundred and twenty-seven
to be stamped or branded, and which has not been stamped
or branded as therein provided" and inserting in place
thereof the words: — deemed unfit for human food, as
provided in section one hundred and twenty-nine, — and
166
Acts, 1946. — Chap. 213.
Penalty for
aale, etc., of
unstamped
or falsely
stamped
carcasses.
G. L. (Ter.
Ed.), 94, § 133,
etc., amended.
Private
slaughter
houses.
G. L. (Ter.
Ed.), 94.
new 5 133A,
added.
Slaughter of
certain animals
prohibited.
by striking out, in the sixth line, the words "said section"
and inserting in place thereof the words : — section one
hundred and twenty-seven or one hundred and thirty-
three, — so as to read as follows: — Section 130. Who-
ever sells, or offers for sale, or has in his possession with
intent to sell, a carcass or any part thereof deemed unfit for
human food, as provided in section one hundred and twenty-
nine, or whoever, not being a member of a local board of
health or a duly appointed inspector, stamps or brands a
carcass or any part thereof required by section one hundred
and twenty-seven or one hundred and thirty-three to be
stamped or branded, or whoever being a member of a board
of health or a duly appointed inspector permits or allows
the use of his stamp or brand by one not a member of a
board of health or a duly appointed inspector, or whoever
counterfeits any stamp or brand required by section one
hundred and twenty-seven, or whoever stamps or brands
any carcass or any part thereof with any counterfeit stamp
or brand, shall be punished by a fine of not more than one
hundred dollars or by imprisonment for not more than two
months, or both.
Section 5. Section one hundred and thirty-three of
said chapter ninety-four, as amended by section seven of
chapter three hundred and thirty-two of the acts of nine-
teen hundred and forty-three, is hereby further amended
by striking out, in the seventh and eighth lines, the words
"but the carcass of any such animal, intended for sale, shall
be inspected, and," and inserting in place thereof the words:
— but no such person shall so slaughter or cause to be
slaughtered any such animal, the carcass of which is in-
tended for sale, except in the presence of an inspector, and
such carcass, — so as to read as follows: — Section 13S.
Sections one hundred and eighteen, one hundred and nine-
teen, one hundred and twenty-five to one hundred and
twenty-seven, inclusive, one hundred and twenty-nine and
one hundred and thirty, shall not apply to a person not
engaged in the slaughtering business, who, upon his own
premises and not in a slaughter house, slaughters his own
neat cattle, horses, mules, sheep or swine, but no such person
shall so slaughter or cause to be slaughtered any such ani-
mal, the carcass of which is intended for sale, except in the
presence of an inspector, and such carcass, unless con-
demned, shall be stamped or branded under section one
hundred and twenty-seven by an inspector at the time of
slaughter.
Section 6. Said chapter ninety-four is hereby further
amended by inserting after section one hundred and thirty-
three, as amended, the following section: — Section 133 A.
Except as provided in sections one hundred and eighteen,
one hundred and twenty-five to one hundred and twenty-
seven, inclusive, and one hundred and thirty-three, no
person shall slaughter any neat cattle, horses, mules, sheep
or swine the carcasses of which are intended for sale.
Acts, 1946. — Chap. 214. 167
Section 7. Section one hundred and thirty-four of said Edo.ff§i34.
chapter ninety-four, as appearing in the Tercentenary amoved.
Edition, is hereby amended by striking out, in the third
line, the words "and one hundred and thirty-three" and
inserting in place thereof the words : — , one hundred and
thirty-three and one hundred and thirty-three A, — so as
to read as ioWows: — Section 134- Whoever violates any General
provision of sections one hundred and nineteen, one hun- ^^^^y-
dred and twenty-five, one hundred and twenty-six, one
hundred and thirty-three and one hundred and thirty-three A
shall be punished by a fine of not more than five hundred
dollars or by imprisonment for not more than two months,
or both.
Section 8. Section one hundred and thirty-nine of said EdV'gJTisg
chapter ninety-four, as so appearing, is hereby amended by ameAded.
inserting after the word " thirty- three " in the second line
the words : — , one hundred and thirty-three A, — so as
to read as follows: — Section 139. Sections one hundred ^i^rt^^P'f^-^
and twenty-one to one hundred and twenty-four, inclusive, not affected.
one hundred and thirtj'-three, one hundred and thirtj^-
three A and one hundred and thirty-eight shall not affect
section one hundred and forty-seven; provided, that said
first mentioned sections shall not permit the sale, offering
for sale, or keeping with intent to sell, for food, of meat
infected in any degree with tuberculosis or other disease.
Approved April 16, 1946.
Chap.2U
An Act relative to the establishment of through
routes, joint rates, fares and charges for the
transportation of passengers and property over
the lines of railroad compazs'ies and steamship
companies.
Whereas, Conditions have arisen necessitating the im- Emergency
mediate use of the provisions of law contained in this act, p''*'^"^^i«-
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 twenty-one of chapter one hundred and fifty- g. l. (jer.
nine of the General Laws, as appearing in the Tercentenary amended.' ^^^'
Edition, is hereby amended by inserting after the first
sentence the following sentence : — The foregoing provisions Establishment
of this section shall apply to a railroad company and a steam- "out^ joLt
ship company whose fines form or can be made to form a rates, etc..
continuous or connecting line of transportation by transfer an'd^frelghr"
of property or passengers at connecting points, whether
or not such railroad company and steamship company are
commonly owned, operated, leased, or controlled by stock
ownership, or otherwise. Approved April 16, 1946.
168 Acts, 1946. — Chaps. 215, 216.
Chap.215 An Act authorizing the construction of certain
BUILDINGS AT THE ESSEX COUNTY AGRICULTURAL SCHOOL
AND THE REMODELING OF AND THE MAKING OF AN ADDITION
TO AN EXISTING BUILDING THEREAT.
Be it enacted, etc., as follows:
Section 1. The trustees of the Essex County Agricul-
tural School are herebj'^ authorized to construct a boys'
dormitory and a small practice cottage, and to remodel and
to make an addition to the present homemaking building,
for the use of said school. For the above purposes, the
county commissioners of Essex county may, from time to
time, borrow upon the credit of the county such sums as
may be necessary, not exceeding, in the aggregate, one
hundred and twenty-five thousand dollars, and may issue
bonds or notes of the county therefor. Each authorized
issue shall constitute a separate loan, and such loans shall
be payable in not more than five years from their dates.
Such bonds or notes shall be signed by the treasurer of the
county and countersigned by a majority of the county
commissioners. The county may sell the said securities at
pubhc 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 pro\aded, be subject to chapter
tliirty-five of the General Laws.
Section 2. This act shall take full effect upon its ac-
ceptance, during the current year, by the county commis-
sioners of the county of Essex, but not otherwise.
Approved April 16, 1946.
Chap. 216 An Act further defining the word "veteran" under
the veterans' preference provisions of the civil
service law.
Be it enacted, etc., as follows:
Ed^'3i^\n Section twenty-one of chapter thirty-one of the General
etc!, amended! Laws, as amended by chapter four hundred and sixty-nine
of the acts of nineteen hundred and forty-three, is hereby
further amended by inserting after the word "insurrection"
in the fourth line the words : — , or in any campaign or ex-
pedition for which a campaign badge has been authorized,
Term — SO as to read as follows: — Section 21. The word "vet-
defined!" eran", as used in this chapter, shall mean (1) any person
who has served in the army, navy, coast guard or marine
corps of the United States in time of war or insurrection, or
in any campaign or expedition for which a campaign badge
has been authorized, and whose last discharge or release
from active duty therein was an honorable one, regardless
of any prior discharge or release therefrom, or (2) any person
who has distinguished himself by gallant or heroic conduct
while serving in the army, navy, coast guard or marine corps
of the United States and has received a decoration desig-
Acts, 1946. — Chap. 217. 169
nated as the congressional medal of honor from the president
of the United States or the secretary of war, or from a per-
son designated bj^ the president or the said secretary to act
as the personal representative of the president or said secre-
tary for the presentation of such decoration, and is recorded
in the files of the war department or the navy department
of the United States as having received such decoration, or
(3) any person who has served in time of war or insurrection
in any corps or unit of the United States established for the
purpose of enabling women to serve with, or as auxiliary to,
the armed forces of the United States, and whose last dis-
charge or release from active duty in such corps or unit was
an honorable one, regardless of any prior discharge or re-
lease therefrom; provided, that the person claiming to be a
veteran under this section was a citizen of the common-
wealth at the time of his induction into such service or has
resided in the commonwealth for five consecutive years next
prior to the date of filing application with the director under
this chapter; and provided, further, that any such person
who at the time of entering said service had declared his in-
tention to become a subject or citizen of the United States
and withdrew such intention under the provisions of the act
of congress approved July ninth, nineteen hundred and
eighteen, and any person designated as a conscientious ob-
jector upon his discharge, shall not be deemed a "veteran"
within the meaning of this chapter; and provided, further,
that no member of the United States coast guard auxiliary''
and no temporary member of the United States coast guard
reserve shall be deemed a "veteran" within the meaning of
this chapter. Approved April 17, 1946.
An Act authorizing the town of merrimac to borrow (Jfian 217
MONEY FOR SCHOOL PURPOSES. ^'
Be it enacted, etc., as follows:
Section 1. For the purpose of acquiring land for, and
the constructing of, a new consoUdated school building, in-
cluding the original equipment and furnishing of such new
building, the town of Merrimac may borrow from time to
time, within a period of five years from the passage of this
act, such sums as may be necessary, not exceeding, in the
aggregate, one hundred and fifty thousand dollars, and may
issue bonds or notes therefor, which shall bear on their face
the words, Merrimac School Loan, Act of 1946. Each au-
thorized issue shall constitute a separate loan, and such loans
shall be paid in not more than twenty years from their dates,
but no issue shall be authorized under the provisions of this
act unless a sum equal to twenty-five cents on each one
thousand dollars of the assessed valuation of the town for
the year preceding the vote has been appropriated from avail-
able funds or voted to be raised by taxation for said purpose
in the year in which the loan is authorized. Indebtedness
170 Acts, 1946. — Chaps. 218, 219.
incurred under this act shall be in excess of the statutory
limit, but shall, except as provided herein, be subject to
chapter forty-four of the General Laws.
Section 2. This act shall take effect upon its passage.
Approved April 17, 1946.
Chap.218 An Act increasing the amounts of certain annuities
PAYABLE BY THE CITY OF BOSTON UNDER SPECIAL LAW
TO THE WIDOWS OF FORMER POLICEMEN AND FIREMEN,
Be it enacted, etc., as follows:
Section 1. Annuities payable to the widows of former
policemen and firemen of the city of Boston under the provi-
sions of any special law shall, on and after the effective date
of this act, be in the sum of one thousand dollars in all
cases where a less amount is specified in such special law.
Section 2. This act shall take full effect upon its ac-
ceptance by vote of the city council of the city of Boston,
subject to the provisions of its charter, but not otherwise.
Approved April 17, 1940.
Chap.219 An Act relative to the establishing of a right of way
FOR PUBLIC ACCESS TO RICHMOND POND IN THE TOWN OF
RICHMOND AND THE CITY OF PITTSFIELD.
Be it enacted, etc., as follows:
Section 1. Section one of chapter four hundred and
twenty-two of the acts of nineteen hundred and forty-five
is hereby amended by inserting after the word "Richmond",
the first time it occurs in the third line, the words : — or
in the city of Pittsfield, or partly in each, — so as to read
as follows: — Section 1. The county commissioners of
Berkshire county are hereby authorized and directed to
lay out a right of way in the town of Richmond or in the
city of Pittsfield, or partly in each, to Richmond pond for
public access to said pond, in accordance with plans to be
approved by the department of public works and showing
the location and dimensions of such right of way, but such
right of way shall not cross the location of any railroad.
If it is necessary to acquire land for the purpose of laying
out such right of way said county commissioners shall at
the time such right of way is laid out take such land by
eminent domain under chapter seventy-nine of the General
Laws. Any person sustaining damages in his property
by the laying out of such right of way, or by specific repairs
or improvements thereon, shall be entitled to recover the
same under said chapter seventy-nine; provided, that the
right to recover damages, if any, by reason of the lading
out of such right of way, shall vest upon the recording of
the order of taking by said county commissioners and that
no entry or possession for the purpose of constructing a
Acts, 1946. — Chap. 220. 171
public way on land so taken shall be required for the purpose
of validating such taking or for the payment of damages
by reason thereof.
Section 2. Said chapter four hundred and twenty-two
is hereby further amended by striking out section two and
inserting in place thereof the following section: — Section 2.
The selectmen of the town of Richmond or the officers of the
city of Pittsfield having charge of the maintenance of ways
therein may from time to time make specific repairs on or
improve so much of such way as lies within the limits of
their town or city to such extent as thej^ may deem necessary,
but neither the county of Berkshire, nor any city or town
therein, shall be required to keep such right of way in repair,
nor shall they be liable for injury sustained by persons travel-
ling thereon; provided, that sufficient notice to warn the
public is posted where such way enters upon or unites with
an existing public way. Approved April 17, 1946.
An Act establishing the upton center water district Chap. 220
IN THE TOWN OF UPTON.
Be it enacted, etc., as follows:
Section 1. The inhabitants of the town of Upton, liable
to taxation in said town, and residing within the territorj^
comprised within the following boundary lines, to wit : —
beginning at a point in the center line of Mendon street,
eighteen hundred feet southeast of the intersection of the
center lines of Grove and Mendon streets; thence, north-
easterly at a right angle to Mendon street three hundred
feet to a point; thence northwesterly by a line three hundred
feet from and parallel to the easterly lines of Mendon street
and Grove street to a point; thence easterly and northerly
by a line three hundred feet from and parallel to the south-
erly and easterly line of Piccadilly street to a point; thence
easterly by a line three hundred feet from and parallel to
the southwesterly line of Milford road to a point; thence
at a right angle to the center line of Prospect street through
the intersection of said center line with the center line of
Milford road to a point; thence northwesterly by a line
three hundred feet from and parallel to the northeasterly
line of Milford road to a point; thence northeasterly by a
line three hundred feet from and parallel to the easterly line
of Elm street to a point; thence easterly by a line parallel
to and three hundred feet from the southerly line of Christian
Hill road to a point; thence by a line parallel to and three
hundred feet from the southerly line of Pearl street to a
point; thence northerly by a line parallel to and three hun-
dred feet from the easterly line of Wagon road, to a point;
thence westerly by a line three hundred feet from and par-
allel to the northerly line of Christian Hill road to a point;
thence northerly and northeasterly by a line three hundred
feet from and parallel to the easterly line of Elm street to
a point; thence at a right angle to Elm street through the
172 Acts, 1946. — Chap. 220.
intersection of the center lines of Elm street and Taft street
to a point; thence southwesterly by a line three hundred
feet from and parallel to the northwesterly line of Elm street
to a point; thence northwesterly^ by a line three hundred
feet from and parallel to the northeasterly line of a street
commonly known as Schoolhouse road crossing Hopkinton
road at a right angle to a pomt; thence southwesterly by a
line parallel to and three hundred feet from the north-
westerly line of Hopkinton road and Hartford avenue, some-
times known as High street, to a point; thence south-
easterly at a right angle to and crossing Hartford avenue at
a distance of two hundred feet southwesterly of the inter-
section of the center line of Hartford avenue and Warren
avenue to a point; thence easterly by a Hne three hundred
feet from and parallel to the southerly line of Warren avenue
to a point; thence southerly by a line three hundred feet
from and parallel to the westerly line of School street to a
point; thence southwesterly by a line three hundred feet
from and parallel to the northwesterly line of Main street
to a point; thence southeasterly and crossing Main street
extended at right angles at distances of two hundred fifty
feet southwesterly of the intersection of the center lines on
Mendon street at Main street to a point; thence south-
easterly by a line three hundred feet from and parallel to the
southwesterly hne of Mendon street to a point; thence
easterly at right angles to Mendon street to the point of
beginning — shall constitute a water district and are hereby
made a body corporate by the name of the Upton Center
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, 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 dis-
trict, subject to all general laws now or hereafter in force
relating to such districts, except as otherwise provided
herein. The district shall have power to prosecute and
defend all actions relating to its property and affairs.
Section 2. For the purposes aforesaid the district, act-
ing by 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
company, or with any other water district, for whatever
water may be required, authority to furnish the same being
hereby granted, and may lay water mains anywhere within
the town of Upton for the purpose of securing said water
supply, and, in addition or in the alternative, 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,
Acts, 1946. — Chap. 220. 173
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 Upton not already appropriated for the pur-
poses of a public water supply, and the water and flowage
rights connected with any such water sources; and for said
purposes may take as aforesaid, or acquire by purchase or
otherwise, and hold, all lands, rights of way and other ease-
ments 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
quahty of the water shall be so taken or used without first
obtaining the advice and approval of the state department
of pubhc 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. Said 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 piu-ification works or systems, and may
make excavations, procure and operate machinery and
provide such other means and appliances, and do such other
things as may be necessary for the establishment and main-
tenance of complete and effective water works; and for
that purpose may construct pipe lines, wells and reservoirs
and establish pumping works and may construct, lay, ac-
quire and maintain aqueducts, conduits, pipes and other
works under or over any land, water courses, railroads,
railways and public or other ways, and along such ways,
within said town of Upton in such manner as not unneces-
sarily to obstruct the same; and for the purposes of con-
structing, 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 pubUc 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 Upton. Said 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 pubUc 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 necessary for the construction of any work or for any
other purpose authorized by this act.
174 Acts, 1946. — Chap. 220.
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
expenses and liabiUties incurred under the provisions of 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, one hundred and
fifty thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words, Upton Center
Water District Loan, Act of 1946. 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, at the time of authorizing said
loan or loans, shall provide for the payment thereof in ac-
cordance with section four; and when a vote to that effect
has been passed a sum which, with the income derived from
water rates, will be sufficient to pay the annual expense of
operating its water works and the interest as it accrues on the
bonds or notes issued as aforesaid by the district, and to make
such payments on the principal as may be required under the
provisions of this act, shall without further vote be assessed
upon the district by the assessors of said town of Upton
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 sub-
ject to section nine.
Section 7. Whenever a tax is duly voted by said 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 com-
missioners hereinafter provided for, after a hearing, due
notice of which shall have been given, such estate is so situ-
ated that it will 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
Acts, 1946. — Chap. 220. 175
that might be constructed thereon, could not be suppHed
tvith water from said system in any ordinary or reasonable
manner; but all other estates in said district shall be deemed
to be benefited and shall be subject to the tax. A certified!
list of the estates exempt from taxation under the provisions
of this section shall annually be sent by the board of water
commissioners hereinafter provided for to the 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 said district. Said district may collect
interest on overdue taxes in the manner in which interest i&
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 pubUc 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 m.eeting 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 qualifica-
tion of a majority of the water commissioners, meetings of
the district shall be called by warrant under their hands,
unless some other method be provided by by-law or vote
of the district.
Section 9. The district shall, after the acceptance of
this act as aforesaid, elect by ballot, either at the same
meeting at which this act shall have been accepted, or 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 years, one until the expiration of two years, and one
until the expiration of one year, from the day of the next
succeeding 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-
176 Acts, 1946. — Chap. 220.
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, rides and regulations as the district may
by vote impose. At the meeting at which said water com-
missioners are first elected and at each annual district
meeting held thereafter, the district shall elect by ballot,
each for a term of one year, a clerk and a treasurer of the
district. The treasurer shall not be a water commissioner,
and shall give bond to the district in such an amount as
may be approved by said water commissioners and with a
surety company authorized to transact business in the
commonwealth as surety. A majority of said water commis-
sioners 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 district at any legal meeting called for the purpose.
No money shall be drawn from the treasury of the district
on account of its water works except upon a written order
of said water commissioners or a majority of them.
Section 10. Said water commissioners shall fix just and
equitable prices and rates for the use of water, and shall
prescribe the time and manner of payment. The income
of the water works shall be appropriated to defray all operat-
ing expenses, interest charges and 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 re-
maining after providing for the aforesaid charges, it may be
appropriated for such new construction as said water com-
missioners may recommend, and in case a surplus should
remain after payment for such new construction the water
rates shall be reduced proportionately. If in any year there
should be a deficit of revenue, the water commissioners
shall in the following year fix the rate so as to meet such
deficit together with the estimated operating costs including
interest and debt. Said 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 accoimt of receipts and ex-
penditures.
Section 11. The district maj'' adopt by-laws, prescrib-
ing by whom and how meetings of the district may be
called, notified, and conducted; and, upon the appHcation of
ten or more legal voters in the district, meetings may also
be called by warrant as provided in section eight. The dis-
trict may also establish rules and regulations for the man-
agement 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. The district shall have all the rights
Acts, 1946. ~ Chap. 221. 177
and privileges conferred by law upon water districts, so far
as applicable.
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 forfeit
and pay the district three 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 wanton acts
shall be punished by a fine of not more than one himdred
dollars or by imprisonment for not more than six months.
Section 13. Upon a petition in writing addressed to said
water commissioners requesting that certain real estate,
accurately described therein, located in said town and abut-
ting 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 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 present
and voting thereon, by the use of the check list, at a district
meeting called, in accordance with section eight, within four
years after its passage, but not otherwise.
Approved April 17, 1946.
An Act making certain veterans eligible to apply for Cliaj). 221
examination for, and appointment to, positions in ^'
police and fire departments, notwithstanding cer-
tain age requirements.
Whereas, The deferred operation of this act would in part ^^'^^^'jj"''^
defeat its purpose, which is to authorize certain veterans, ^'*'""
now ineligible because of age to take examinations for, and
to hold, certain civil service positions, immediately to take
examinations for such positions and to hold the same, there-
fore it is hereby declared to be an emergency act, necessary
for the immediate preservation of the pubUc convenience.
Be it enacted, etc., as follows:
Chapter thirty-one of the General Laws is hereby amended Edo,' si^'
by inserting after section twenty-two the following section : — new g 22A.
178
Acts, 1946. — Chaps. 222, 223.
Age eligibility
of certain
veterans.
Section 22 A. Any veteran who will have attained the age
of twenty-one on or before the date of any scheduled examina-
tion for police or fire service shall not be deemed ineligible
for examination and appointment because of established
minimum age requirements to take said examination; pro-
vided, that he meets all other pertinent requirements of the
civil service laws and rules. Approved April 18, 1946.
G. L. (Ter.
Ed.). 94, §248.
etc., amended.
Penalty for
certain
offences.
Chap.222 An Act further regulating the sale of fuel oil and
RANGE OIL.
Be it enacted, etc., as follows:
Section two hundred and forty-eight of chapter ninety-
four of the General Laws, as most recently amended by sec-
tion one of chapter two hundred and forty-one of the acts of
nineteen hundred and forty-three, is hereby further amended
by inserting after the word "coal" in the twelfth line the
words : — , or the measuring, selling or delivering of fuel oil
or range oil, — so as to read as follows : — Section 248. Who-
ever violates any provision of sections two hundred and forty
to two hundred and forty-seven, inclusive, if no other penalty
is provided therein, or of a rule or regulation made under
section two hundred and thirty-nine A, or fails to comply
with any request for information or direction made under
authority of sections two hundred and forty, two hundred
and forty-one, two hundred and forty-four to two hundred
and forty-six, inclusive, or gives a false answer to any such
request, shall be punished by a fine of not more than fifty
dollars; and whoever is guilty of fraud or deceit as to the
weighing, selling or delivering of coke, charcoal or coal, or
the measuring, selling or delivering of fuel oil or range oil,
or whoever, by himself, or by his servant, agent or employee,
sells or delivers or attempts to sell or deUver coal which is
short in weight or which contains an unreasonable amount of
shale, slate, rock or other foreign substance or which produces
an excessive amount of non-combustible residue, including
ash, shall be punished by a fine of not more than one thou-
sand dollars or by imprisonment for not more than one year,
or both. The director of standards and necessaries of life
and local sealers of weights and measures shall cause sections
two hundred and forty to two hundred and forty-nine, in-
clusive, and rules and regulations made under section two
hundred and thirty-nine A, to be enforced.
Approved April 18, 1946.
C hap. 22S An Act relative to the rate of interest on certain
LOANS OF LESS THAN ONE THOUSAND DOLLARS.
Be it enacted, etc., as follows:
G. L. (Ter. SECTION 1. Chapter ouc hundred and forty of the General
etc.J'amende^ei.' Laws is hereby amended by striking out section ninety, as
amended by section one of chapter one hundred and seventy-
Acts, 1946. — Chap. 224. 179
nine of the acts of ninteen hundred and thirty-four, and in-
serting in place thereof the following: — Section 90. A loan Loans of
of less than one thousand dollars made at a rate of more one thousand
than six per cent per annum shall be discharged upon pay- dollars.
ment or tender by the debtor of the principal sum actually
borrowed, with interest for the period between the borrow-
ing of said money and the payment or tender hereunder at
the rate agreed upon if said rate is not more than eighteen
per cent per annum, or at the rate of eighteen per cent per
annum if the agreed rate is in excess thereof, for any part
of the period occurring prior to the termination of one year
after maturity, and in either case at the rate of six per cent
per annum for any part of the period occurring after the
termination of said year, and a sum not exceeding five
dollars for the actual expenses of making and securing the
loan;^ but the lender shall be entitled to interest for six
months from the time of the borrowing at said agreed rate
or at said rate of eighteen per cent per annum, as the case
may be, if the debt is paid before the expiration of said six
months. All payments in excess of the rate or rates herein
required for discharge by payment or tender shall be applied
to the discharge of the principal, and the borrower shall be
obliged to pay or tender only the balance of the principal and
interest, at said rate or rates, due after such application.-
This section shall not affect so much of section three of
chapter one hundred and seven as provides that if there is no
agreement for a different rate the interest of money shall be
at the rate of six dollars upon each hundred dollars for a year.^
If an action is brought upon a loan coming within the pur- Protection
view of this section, the verdict or finding entered for the °^^°"°'^^^^-
plaintiff in such action shall in no event exceed the amount
that would be required to discharge, by payment or tender,,
the indebtedness at the time of such verdict or finding. / Any
agreement whereby the borrower waives the benefits of this
section or releases any rights he may have acquired by virtue
hereof shall be deemed to be against public policy and void.
If, after all deductions or payments, whether on account of
interest, expenses or principal made substantially contem-
poraneously with the making of the loan, the amount re-
tained by the borrower be less than one thousand dollars,
the transaction shall be deemed to be a loan in the amount
of the sum so retained by the borrower after such deductions
or payments, notwithstanding that the loan be nominally
for a greater sum.
Section 2. This act shall apply only to loans made after
its effective date. Approved April 22, 1946.
An Act authorizing the town of natick to retire Chap. 224:
CERTAIN EMPLOYEES OF ITS PUBLIC WORKS DEPARTMENT.
Be it enacted, etc., as follows:
Section 1. The retirement board of the town of Natick,
with the approval of the board of selectmen, may retire on
180 Acts, 1946. -- Chaps. 225, 226.
account of accidental disability, under the contributory
retirement system of said town, Robert E. Dunbar and
Leonard H. Amoroso, employees of its public works depart-
ment who were injured on April fourteenth, nineteen hundred
and thirty-one, while in the performance of their duties,
notwithstanding that such injuries were incurred prior to
the time when said retirement system became operative.
Section 2. This act shall take eflfect upon its passage.
Approved April 23, 1946.
Chap. 225 An Act authorizing the town of Yarmouth to appro-
priate MONEY FOR PUBLIC AMUSEMENTS.
Be it enacted, etc., as follows:
Section 1. The town of Yarmouth may, by a majority
vote, appropriate each year a sum not exceeding one thousand
dollars for providing amusements or entertainments of a
pubUc character. The money so appropriated by the town
shall be expended under the direction of the board of select-
men.
Section 2. This act shall take effect upon its passage.
Approved April 23, 1946.
Chap. 22Q An Act to permit facsimile signatures of officers of
RAILROAD corporations AND FACSIMILE SEALS TO BE
PRINTED ON STOCK CERTIFICATES OF SUCH CORPORATIONS.
Be it enacted, etc., as follows:
Ed^i«r'§38 Chapter one hundred and sixty of the General Laws is
ameaded! ' hereby amended by striking out section thirty-eight, as
appearing in the Tercentenary Edition, and inserting in
stock place thereof the following section: — Section 38. Each
certificate. gtockholder shall be entitled to a certificate, which shall
be signed by the president and by the treasurer of the cor-
poration, or by such other officers as may be authorized by
the by-laws, shall be sealed with its seal, and shall certify
the number of shares owned by him in such corporation;
but when any such certificate is signed by a transfer agent
or transfer clerk and by a registrar and the registrar is not
the same person, partnership, association, trust or corpora-
tion as the transfer agent or transfer clerk, the signature
of the president or of the treasurer or of the other officers
authorized by the by-laws, or the seal of the corporation,
or any or all of such last-mentioned signatures and such
seal upon such certificate may be facsimile, and such cer-
tificate shall be as valid and effectual for all purposes as if
signed by such president, treasurer or other authorized
officer, or sealed with the seal of such corporation, as the
case may be. Approved April 23, 1946.
Acts, 1946. — Chap. 227. 181
An Act authorizing the county commissioners of essex Chap. 227
COUNTY to erect AND EQUIP CERTAIN BUILDINGS AT THE
ESSEX COUNTY TUBERCULOSIS HOSPITAL.
Be it enacted, etc., as follows:
Section 1. The county cominissioners of Essex count}-
are hereby authorized to raise and expend a sum not ex-
ceeding one hundred and twenty-five thousand dollars for
the purpose of providing new buildings, additions and
improvements at the Essex county tuberculosis hospital as
follows: — nurses' home; operating v/ard facilities and
equipment; three cottages for doctors; new bakery and
equipment; dormitories in the infirmary, with additional
lavatory facilities; enlarging heating and power plant and
new equipment therefor; bridge to connect nurses' home
with hospital; sanitary improvements; together with all
necessary equipment therefor and such other additions or
improvements as may be deemed necessary. All sums, if
any, received from the federal government for the purposes
of this act shall be included in, and considered as a part of,
the total amount authorized to be expended hereunder.
Section 2. The county commissioners of said county
shall, with the consent of the governor, take any and all steps
necessary from time to time to enable Essex county to secure
for said purposes any federal grant or subsidy.
Section 3. To provide funds for the new buildings, addi-
tions, improvements and equipment hereinbefore authorized,
the treasurer of Essex county, with the approval of the county
commissioners, may borrow from time to time on credit of
the county such sums, not exceeding, in the aggregate, one
hundred and twenty-five thousand dollars, as may be nec-
essary, and may issue bonds or notes therefor, which shall
bear on their face the words, Essex County Tuberculosis
Hospital Loan, Act of 1946. Each authorized issue shall
constitute a separate loan and such loans shall be payable
in not more than ten years from their dates. Such bonds or
notes shall be signed by the treasurer of said county and
countersigned by a majority of said county commissioners.
Said county may sell said securities at public or private sale -
upon such terms and conditions as said county commission-
ers may deem proper, but not for less than their par value.
Indebtedness incurred under this act shall, except as herein
provided, be subject to chapter thirty-five of the General
Laws. Any sums received from the federal government for
the purposes of this act may be appUed toward payment
either of the expenditures authorized by section one of this
act or of the principal of the bonds or notes hereby author-
ized. All sums necessary to meet interest payments on notes
or bonds issued under this act and payments on account of
principal as the same mature shall be assessed upon the
cities and towns constituting the hospital district in the same
proportion as and together with other assessments made un-
182 Acts, 1946. — Chaps. 228, 229.
der section eighty-five of chapter one hundred and eleven of
the General Laws.
Section 4. This act shall take full effect upon its accept-
ance, prior to December thirty-first in the current year, by
the county commissioners of the county of Essex.
Approved April 23, 1946.
Chap. 22S An Act authorizing the abandonment and sale of part
OF SHERMAN STREET IN THE CITY OF MALDEN.
Be it enacted, etc., as follows:
The city of Maiden is hereby authorized to abandon as
a way, and to sell, the following described parcel of land to
National Company, Inc. : —
A parcel of land belonging to the city of Maiden (being
part of Sherman street) bounded and described as follows : —
Beginning at the intersection of the easterly fine of Canal
street and the northerly line of Sherman street (as laid out
August eighteenth, nineteen hundred and thirty-eight);
thence running easterly by land, now or late of National
Company, Inc., three hundred feet to the westerly Une of
Jackson street; thence turning and running southerly by
Jaclcson street forty feet; thence turning and running west-
erly by land, now or late, of Antonetta Degli AugeUi, and
land, now or late, of National Company, Inc., three hun-
dred feet to the easterly fine of Canal street; thence turn-
ing and running northerly by Canal street forty feet to point
of beginning. Containing twelve thousand square feet.
Approved April 23, 1946.
Chap. 229 An Act authorizing the city of woburn to decrease
THE membership OF ITS CITY COUNCIL AND TO COMPENSATE
THE MEMBERS OF SAID COUNCIL.
Be it enacted, etc., as follows:
Section 1. Notwithstanding the provisions of section
nine of chapter one hundred and seventy-two of the acts of
eighteen hundred and ninety-seven, the city council of the
city of Woburn shall consist of nine aldermen, of whom one
shall be elected from each ward by and from the qualified
voters of that ward, and two members shall be elected by
and from the qualified voters of the city.
Section 2. Notwithstanding the provisions of said sec-
tion nine of said chapter one hundred and seventy-two, the
aldermen of said city shall receive in full compensation for
their services an annual salary of two hundred and fifty
dollars each.
Section 3. There shall be placed upon the official ballot
to be used at the biennial state election in said city in the
current year the following questions : —
Question {1). — "Shall the city council of this city con-
sist of nine members, of whom one shall be elected from
Acts, 1946. — Chaps. 230, 231. 183
each ward by and from the quahfied voters of that ward,
and two members shall be elected by and from the qualified
voters of the city?"
Question (3). — "Shall the members of the city council of
this city receive in full compensation for their services an
annual salary of two hundred and fifty dollars each?"
If a majority of the votes in answer to Question (1) is in
the affirmative, then section one of this act shall take full
effect on the first Monday of January, nineteen hundred and
forty-eight, but not otherwise.
If a majority of the votes in answer to Question (2) is in
the affirmative, then section two of this act shall take full
effect on the first Monday of January, nineteen hundred and
forty-eight, but not otherwise. Approved April 23, 1946.
An Act authorizing the city of malden to sell its C/iai>.230
PRESENT CITY HALL AND CITY HALL ANNEX, AND REGULAT-
ING THE expenditure OF THE PROCEEDS OF SUCH SALE.
Be it enacted, etc., as follows:
The city of Maiden is hereby authorized, during the year
nineteen hundred and forty-six or nineteen hundred and
forty-seven, to enter into a contract for the sale of, and to
sell, the land and buildings located between ]\Iain street and
Ferry street in said city, said buildings being the present city
hall and city hall annex. The proceeds of said sale shall be
held and applied toward the cost of the purchase or taking
of other land and buildings for city hall purposes, or of other
land and for the construction thereon of a city hall.
Approved April 23, 1946.
An Act authorizing the city of malden to sell its (JJiar) 231
PRESENT POLICE STATION PROPERTY, AND REGULATING
the EXPENDITURE OF THE PROCEEDS OF SUCH SALE.
Be it enacted, etc., as follows:
Section 1. The city of Maiden is hereby authorized, dur-
ing the year nineteen hundred and forty-six or nineteen
hundred and forty-seven, to enter into a contract for the sale
of, and to sell, the land and buildings located at the corner
of Exchange and INIiddlesex streets in said city, said buildings
ibeing the present pohce station and garage. The proceeds
of said sale shall be held and applied toward the cost of the
purchase or taking of other land and buildings for police
station purposes, or of other land and for the construction
thereon of a police station.
Section 2. Chapter five hundred and seventy-nine of
the acts of nineteen hundred and forty-one is hereby repealed.
Approved April 23, 1946.
184 Acts, 1946. — Chaps. 232, 233.
Ch/ip.2^2 An Act relative to the borrowing of money by the
CITY OF WORCESTER FOR THE TURPOBE OF CONSTRUCTING
A MUNICIPAL AIRPORT.
Be it enacted, etc., as follows:
Section one of chapter twenty-four of the acts of nineteen
hundred and forty-one is hereby amended by striking out,
in the second Une, the word "five" and inserting in place
thereof the word : — seven, — so as to read as follows : —
Section 1. The city of Worcester ma}^, witliin a period of
seven years from the passage of this act, incur indebtedness
for the construction of a municipal airport, either within
or without the city, and may issue bonds or notes therefor,
which shall bear on their face the words, Worcester Munici-
pal Airport Loan, Act of 1941. Each authorized issue shall
constitute a separate loan, and such loans shall be payable
in not more than ten years from their dates, but no loan
shall be authorized under this act unless a sum equal to an
amount not less than ten per cent of the loan so authorized
is voted for the same purpose to be provided from taxes or
other sources of revenue of the year when authorized. In-
debtedness incurred under this act shall be in excess of the
amount authorized by chapter two hundred and eleven of
the Special Acts of nineteen hundred and sixteen, as amended
by chapter one hundred and thirty-eight of the acts of nine-
teen hundred and twenty, but shall, except as provided
herein, be subject to chapter forty-four of the General Laws,
exclusive of the first paragraph of section seven of said
chapter. Approved April 23, 1946.
Chap. 233 An Act further regulating medical and hospital
SERVICES rendered UNDER THE WORKMEN'S COMPENSA-
TION LAW.
Be it enacted, etc., as follows:
Ednili'iio Section 1. Chapter one hundred and fifty-two of the
etc!, 'amended.' General Laws is hereby amended by striking out section
thirty, as most recently amended by chapter one hundred
and eighty-one of the acts of nineteen hundred and forty-
three, and inserting in place thereof the following section : —
Jo'J'^medkai Section 30. The insurer shall furnish to an injured employee
services under adequate and reasonable medical and hospital services, and
compensation mg^^jgjngg jf needed, together with the expenses necessarily
incidental to such services. The emploj^ee may select a
physician other than the one provided by the insurer; and
in case he shall be treated by a physician of his own selection,
or where in case of emergency or for other justifiable cause a
physician other than the one provided by the insurer is
called in to treat the injured employee, the reasonable cost
of the physician's services shall be paid by the insurer, sub-
ject to the approval of the department. Such approval shall
be granted only if the department finds that the employee
was so treated by such physician or that there was such
Acts, 1946. — Chap. 234. 185
emergency or justifiable cause, and in all cases that the
services were adequate and reasonable and the charges
reasonable. In any case where the department is of opinion Artificial eye,
that the fitting of the employee with an artificial eye or jj^j'^^rnuhed'
limb, or other mechanical appliance, will promote his restora- >» certain cases.
tion to or continue him in industrj^ it may order that he be
provided with such an artificial eye, limb or appliance, at
the expense of the insurer.
Section 2, This act shall apply only in case of personal
injuries occurring on or after its effective date.
Approved April '£3, 191,6.
An Act establishing the registry of motor vehicles r'/^^y 234
AS A division in THE DEPARTMENT OF PUBLIC WORKS AND ' '
MAKING CERTAIN CHANGES IN THE LAWS RELATIVE TO THE
REGISTRAR OF MOTOR VEHICLES.
Whereas, The deferred operation of this act would tend to Emergency
defeat its purpose, which is to clarify immediately certain i^'"'''""'^'''-
provisions of law relating to the registrj^ of motor vehicles,
therefore it is hereby declared to be an emergency law, neces-
sary for the immediate preservation of the public convenience.
Be it enacted, etc., as follows:
Section 1. Chapter sixteen of the General Laws is g. l. (Ter.
hereby amended by striking out section five, as most recently ftl! 'amended.
amended by chapter three hundred and eight of the acts of
nineteen hundred and forty-five, and inserting in place thereof
the following section: — Section 5. There shall be in the Registrar of
department, but in no manner subject to its control, a divi- "p^pohitoent^'*
sion of motor vehicles, to be known as the registry of motor oi, etc
vehicles. Wit h the approval of the council, the governor shall
appoint for a term of five years, and may remove for cause,
an officer to be known as the registrar of motor vehicles who
shall be the executive and administrative head of the divi-
sion. In addition to the deputy registrar, assistant to the
registrar, hearings officers, supervising inspectors, investi-
gators and examiners authori.'ied to be appointed by the
registrar under section twenty-nine of chapter ninety, he
may appoint such other officers and employees as may be
necessary to carry out the work of the division. 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 quaUfied. A license to operate motor
vehicles issued by a registrar shall become valid upon the
effective date thereof, notwithstanding the fact that the
registrar who issued the same ceased to hold said office prior
to said effective date.
Section 2. Notwithstanding the provisions of section
one, the tenure of office of the registrar of motor vehicles in
office on the effective date of this act shall continue until the
expiration of five years from said effective date. Nothing in
186 Acts, 1946. — Chaps. 235, 236, 237.
this act shall affect any rights of any persons employed in the
registry of motor vehicles on said effective date.
April 24, 1946.
Chap. 235 An Act providing for a three year term for the city
SOLICITOR IN THE CITY OF MALDEN.
Be it enacted, etc., as folio lus:
Section 1. Chapter one hundred and sixty-nine of the
acts of eighteen hundred and eighty-one is hereby amended
by striking out section fourteen, as amended by section one
of chapter four hundred and thirty-five of the acts of nine-
teen hundred and forty-one, and inserting in place thereof
the following section: — Section 14- The city council, as
soon after its organization as may be convenient, in years
when it organizes, otherwise on the first Monday in January,
or as soon thereafter as may be convenient, shall annuall}^
choose, by concurrent vote, a city physician, who shall hold
his office for the term of one year next ensuing and until the
qualification of his successor, and shall triennially choose, by
concurrent vote, a city solicitor, who shall hold his office for
the term of three years next ensuing and until the qualifica-
tion of his successor, and shall triennially choose, by joint
ballot in convention, a treasurer and a collector of taxes, who
shall hold their offices respectively for the term of three years
next ensuing and until the qualification of their respective
successors; provided, that any of the officers named or re-
ferred to in this section may be removed at any time by the
city council for sufficient cause. Vacancies occurring in the
above-named oflSces may be filled at any time by concur-
rent vote of the city council. The compensation of the officers
named or referred to in this section shall be fixed by concur-
rent vote of the city council.
Section 2. This act shall take effect on January first,
nineteen hundred and forty-seven.
Approved April 24, 1946.
Chap. 23% An Act relative to the rights of the city of somer-
VILLE AND OTHERS TO BUILD AND USE A DRAIN TO DIS-
CHARGE WASTE IN miller's RIVER.
Be it enacted, etc., as follows:
Section 1. Chapter two hundred and seventy-five of the
acts of eighteen hundred and ninety-nine is hereby repealed.
Section 2. This act shall take effect upon its passage.
Approved April 25, 1946.
Chap.2S7 An Act authorizing the town of savoy to borrow
MONEY for school PURPOSES.
Be it enacted, etc., as follows. ■
Section 1. For the purposes of acquirmg land for and
constructing a school building and originally equipping and
Acts, 1946. — Chaps. 238, 239. 187
furnishing the same, the town of Savoy may borrow from
time to time, within a period of five years from the passage
of this act, such sums as may be necessary, not exceeding, in
the aggregate, twenty-five thousand dollars, and may issue
bonds or notes therefor, which shall bear on their face the
words. Savoy School Loan, Act of 1946. Each authorized
issue shall constitute a separate loan, and such loans shall
be paid in not more than twenty years from their dates. In-
debtedness incurred under this act shall be in excess of the
statutory limit, but shall, except as herein provided, be sub-
ject to chapter forty-four of the General Laws, including the
limitation contained in the first paragraph of section seven
thereof.
Section 2. This act shall take effect upon its passage.
Approved April 25, 194^.
Chap. 238
An Act dispensing with the requirement of physi-
cians' CERTIFICATES OF PHYSICAL CONDITION IN CERTAIN
CASES WHERE VETERANS ARE RESTORED TO PUBLIC OFFICE
AND EMPLOYMENT UNDER THE CIVIL SERVICE.
Whereas, The deferred operation of this act would in Emergency
part defeat its purpose, which is to enable certain veterans p''''-''™^'*'-
to be restored immediately to public office and employment
under the civil service without being compelled to file phy-
sicians' certificates as to their physical condition, therefore
this act is hereby declared to be an emergency law, neces-
sary for the immediate preservation of the public conven-
ience.
Be it enacted, etc., asfollow,s:
Chapter seven hundred and eight of the acts of nineteen
hundred and forty-one, as amended, is hereby further
amended by inserting after section two the following sec-
tion : — Section 2A . Notwithstanding the provisions of sec-
tion two, three or four or any other provision of this act, a
certificate of a registered physician relative to a person's
physical qualification for any office or position need not be
filed, if the director of civil service has not fixed physical
standards as a prerequisite to eligibility for original appoint-
ment to said office or position, and said director shall waive
the requirement of a certificate of a registered physician,
relative to a person's physical qualifications, for his restora-
tion to an eligible register for the labor service if before cer-
tification he will be subjected by said director to a physical
examination. Approved April 25, 1946.
Chap.2S9
An Act relative to the amount of annuities or pen-
sions OF CERTAIN MEMBERS OF THE CO-OPERATIVE BANKS
EMPLOYEES RETIREMENT ASSOCIATION.
Be it enacted, etc., as follows:
Section fifty-nine of chapter one hundred and seventy g. l. (Xer.
of the General Laws, inserted by chapter one hundred and ^toil'amenie
188 Acts, 1946. -- Chaps. 240, 241.
ninety of the acts of nineteen hundred and forty-five, is
hereby amended by striking out the last paragraph and
inserting in place thereof the following paragraph : —
of Amount ^® annuity or pension provided by contributions from a
to be^paid participating bank for the benefit of any employee on account
of past service shall exceed twenty-five hundred dollars
yearly. No annuity or pension provided by contributions
from a participating bank for the benefit of any employee
on account of past and future service shall exceed one half
of the average salary of the employee for the five years
preceding the date of retirement.
Approved April 25, 1946.
beneficiary.
Chap. 240 An Act relative to the payment of annuities or pen-
sions TO certain members of the savings banks
EMPLOYEES RETIREMENT ASSOCIATION.
Be it enacted, etc., as follows:
%A)'\&r'\hi, Section fifty-eight of chapter one hundred and sixty-
etr./amended.' eight of the General Laws, as amended by section one of
chapter one hundred and four of the acts of nineteen hundred
and forty-five, is herebj'- further amended by striking out
the last paragraph, as appearing in chapter two hundred
and forty-nine of the acts of nineteen hundred and forty-
three, and inserting in place thereof the following para-
graph : —
ofTmount -^^ annuity or pension provided by contributions from a
to be paid participating bank for the benefit of any employee on ac-
beneficiary. gQunt of past servlce shall exceed twenty-five hundred
dollars yearl3^ No annuity or pension provided by con-
tributions from a participating bank for the benefit of any
employee on account of past and future service shall exceed
one half of the average salary of the employee for the five
years preceding the date of retirement.
Approved April 25, 1946.
Chap. 241 An Act further regulating the hours and conditions
OF LABOR OF CERTAIN MINORS ON FARMS.
Be it enacted, etc., as follows:
Edhi«"§o6 Section 1. Section fifty-six of chapter one hundred and
etc!. 'amended.* forty-iiine of the General Laws, as most recently amended
by section one of chapter six hundred and ten of the acts of
nineteen hundred and forty-one, is hereby further amended
by adding at the end the following paragraph : —
^pi'oyment Notwithstanding any other provision of this chapter, no
of certain mluor Under fourteen shall be employed in service on a
?^r^" °" farm for a total of more than four hours in any one day nor
more than a total of twenty-four hours in any one week,
except that the provisions of this paragraph shall not apply
to the employment of a minor under fourteen who is related
by blood or marriage to the owner or operator of the farm
on which such minor is employed.
Acts, 1946. — Chap. 242. 189
Section 2. Section sixty-one of said chapter one hundred ^j^. (Ter.
and forty-nine, as appearing in the Tercentenary Edition, « eV. amendo.i.
is hereby amended by striking out clause (1) and inserting
in place thereof the following clause: — (1) Circular or Employment
band saws or ensilage cutters, which shall include any such u'nder sfxtlen.
saw or cutter on a farm, except with respect to a minor
under sixteen who is related by blood or marriage to the
owner or operator of the farm on which such minor is em-
ployed or permitted to work. Approved April 25, 1946.
An Act authorizing the countv commissioners of Chap. 242
THE county of DUKES COUNTY TO ERECT AND EQUIP
AN ADDITION TO THE COURT HOUSE AT EDGARTOWN AND
TO MAKE REPAIRS IN THE EXISTING COURT HOI^SE.
Be it enacted, etc., as follows:
Section 1. The county commissioners of the county of
Dukes county are hereby authorized to expend a sum not
exceeding one hundred thousand dollars for the erection
and equipment of an addition to the court house in the
town of Edgartown and for the making of repairs in the
existing court house. All sums, if any, received from the
federal government for the purposes of this act shall be
included in, and considered a part of, the total amount
authorized to be expended hereunder.
Section 2. For the purpose of meeting the expenses
authorized by section one, the county treasurer, with the
approval of the county commissioners, shall issue bonds or
notes of the county, in a total amount not to exceed one
hundred thousand dollars, which shall bear on their face
the words, Dukes County Court House Loan, Act of 1946;
and such bonds or notes shall be payable in not more than
twenty years from their dates of issue. Such bonds or notes
shall be signed by the treasurer of said county 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 commis-
sioners may deem proper, but not for less than their par
value. Receipts from the sale of such bonds or notes shall
be applied to the payment of costs of construction and to
the payment of any temporary loans authorized under
section three, or to either of such purposes. Indebtedness
incurred under this act shall, except as herein provided, be
subject to chapter thirty-five of the General Law^s.
Section 3. The county treasurer of said county, with
the approval of the county commissioners, may from time
to time make temporary loans in anticipation of the serial
loan authorized by section two in such sums as maj' be
necessary, but not exceeding, in the aggregate, one hundred
thousand dollars, and may issue notes of the county therefor,
payable in not more than one year from their date or dates
of issue.
190 Acts, 1946. — Chap. 243.
Section 4. This act shall take full effect upon its ac-
ceptance, during the current year, by the county commis-
sioners of said county, but not otherwise.
Approved April 25, 194-6.
Chap. 24S An Act providing for the continued employment by
TOWNS ABANDONING THEIR WATER DEPARTMENT FACIL-
ITIES OF CERTAIN EMPLOYEES NOT ELIGIBLE FOR TRANS-
FER TO THE SERVICE OF THE METROPOLITAN DISTRICT
COMMISSION.
Be it enacted, etc., as follows:
Ed X 92^^110, Paragraph (10) of section ten of chapter ninety-two of
etc., 'amended, the General Laws, as most recently amended by section one
of chapter five hundred and eighty-seven of the acts of
nineteen hundred and forty-five, is hereby further amended
by inserting after the word "days" in the twenty-ninth
line the following sentence: — Any employee of the water
department of such town not eligible for transfer as afore-
said who, upon such abandonment, shall hold a grade or
classification under chapter thirty-one higher than that of
skilled laborer, shall, if he so requests within thirty days
after such abandonment, be retained as an employee of such
water department in a grade or classification not lower than
that of skilled laborer; provided, that he shall not displace
therein any employee senior to him in length of service, —
so as to read as follows : —
Soyeesupon (10) Any employee of the water department of a town
abandonment the facilitics of which will be abandoned as provided in this
of town water , • i , i . . , i .
supply system, section wheu the commission commences to supply water
to such town, and who, immediately prior to such abandon-
ment, is on duty at a reservoir, filter plant, pumping station
or other works which will be abandoned when no longer
needed, shall, upon such abandonment, and upon his re-
quest, be transferred to the service of the commission at a
rate of compensation not less than he received from such
town. Any employee so transferring shall serve in the
commission in a locality as near as possible to the town by
which he was formerly employed and without impairment
of his civil service status, if any, and shall retain all his
rights, if any, under chapter thirty-one, and, if a member
of any retirement system of his town, shall be transferred
to the retirement system of the commonwealth with the
right to a retirement allowance based on his full service in
the systems of such town and of the commonwealth and the
full amount of his accumulated deductions, plus regular
interest, shall be transferred to the retirement system of
the commonwealth. If any such employee, except an em-
ployee who is unable to perform the duties of his office or
position because of service in the military or naval forces
of the United States, shall refuse, or neglect, within thirty
days after his right to transfer under this paragraph accrues,
to transfer to the service of the commission he shall there-
Acts, 1946. — Chaps. 244, 245. 191
upon be retired by the town by which he is employed with
the same rights and allowances as if he had voluntarily
retired at the expiration of such thirty days. Any employee
of the water department of such town not eligible for transfer
as aforesaid who, upon such abandonment, shall hold a
grade or classification under chapter thirty-one higher than
that of skilled laborer, shall, if he so requests within thirty
days after such abandonment, be retained as an employee
of such water department in a grade or classification not
lower than that of skilled laborer; provided, that he shall
not displace therein any employee senior to him in length of
service. The head of the town department abandoning its
service as hereinbefore provided shall, before such abandon-
ment, give notice in writing of the proposal to abandon, and
of his rights provided hereunder, to each employee of the
department the facilities of which are to be so abandoned.
Approved April 25, 1946.
An Act defining the word "holder" as used in certain Cha'p.2AAi
LAWS providing THAT LIFE INSURANCE COMPANIES MAY
INCLUDE IN POLICIES ISSUED ON THE LIVES OF MINORS
PROVISION FOR THE WAIVER OF PREMIUMS IF THE HOLDERS
OF SUCH POLICIES BECOME TOTALLY AND PERMANENTLY
DISABLED.
Be it enacted, etc., as follows:
Section twenty-four of chapter one hundred and seventy- g. l. (Ter.
five of the General Laws, as appearing in the Tercentenary amendld! * ^^'
Edition, is hereby amended by adding at the end of the first
paragraph the following sentence: — For the purposes of J*^^^^'^"'^""
this section, the word "holder" shall include any person
other than the insured who is the owner of a policy insuring
the life of a minor. Approved April 25, 1946.
An Act changing the time for the holding of the bien- QJiqj) 245
nial municipal elections in the city of northampton.
Be it enacted, etc., as follows:
Biennial municipal elections in the city of Northampton
for the choice of mayor, members of the city council, mem-
bers of the school committee, city clerk, city treasurer,
trustees under the will of Charles E. Forbes, secretary and
treasurer of the trustees of the Forbes library, elector under
the Oliver Smith will and superintendents of Smith's agri-
cultural school shall be held on the Tuesday next after the
first Monday of November commencing with the biennial
municipal election in the year nineteen hundred and forty-
seven. Approved April 25, 1946.
192 Acts, 1946. — Chap. 246.
Chap. 246 An Act authorizing the establishment within the
TOWN OP WEYMOUTH OP A HOSPITAL FOR THE INHABITANTS
OP SUCH TOWN,
Be it enacted, etc., as follows:
Section 1, Mrs. Gertrude A. Cassese, Clement N.
Curtis, Preston A. DePlacido, Allan C. Emery, John Gallant,
Roger P. Loud, Mrs. Lucy P. Mahoney, Mrs. Emily L.
McGovern, Honorable Kenneth L. Nash, Timothy G.
Osborn, George E. Pruden, A. Wesley Sampson, Mrs.
Marguerite W. Shaftoe, Russell A. Stiles and C. Parker
Whittle, Jr., all of the town of Weymouth, and their suc-
cessors who shall be residents of said town, are hereby made
a corporation by the name of the Laban Pratt Hospital,
for the sole purpose of establishing and maintaining a public
hospital for the use of the inhabitants of the said town and
others who may be admitted thereto under the provisions
of the will and codicil of Laban Pratt and who may require
medical and surgical treatment.
Section 2. Said corporation shall have authority for
the purpose aforesaid, and no other, to hold real and personal
estate to the amount of one million dollars.
Section 3. The chairman of the board of selectmen, the
town accountant and the town treasurer, severally for the
time being, and their successors, shall be trustees, ex-ofiiciis
during the terms of their respective offices, and together with
the corporators above named shall constitute the board of
trustees, of whom the chairman of the board of selectmen
shall be ex-ofBcio chairman, and whose terms of office except
as above provided shall be as follows: The trustees shall, in
the year next following the acceptance of this act, elect three
of their members whose terms of office are not fixed as above,
who shall hold for the term of one year from the first day of
the following February, three of their number who shall hold
for the term of two years from said first day of the following
February, three of their number who shall hold for the term
of three years from said first day of the following February,
three of their number who shall hold for the term of four
years from said first day of the following February, and
the remaining three shall be elected to hold for the term
of five years from the said first day of the followmg February,
and who shall severally hold for the terms for which they
are elected and until their successors are chosen, and there-
after, as the terms of office expire, the town moderator shall
annually appoint before February three tmstees for the
term of five years each. Six members of the board shall
constitute a quorum. Whenever a vacancy shall occur in
the board of trustees by reason of death, resignation or
otherwise of the members so elected or appointed the town
moderator shall fill the vacancy for the unexpired term. If
the board of trustees shall fail for three months to elect its
members in accordance \vith the provisions of this act, the
board of selectmen of the town of Weymouth shall forth-
Acts, 1946. — Chap. 246. 193
with proceed to an election. No member of the board as such
shall receive compensation for his services. The town of
Weymouth is hereby authorized and empowered to place in
trust in the hands of the trustees of said corporation all
funds, gifts and bequests, which are or may be held by it
for the purpose of establishing and maintaining said hos-
pital, especially all sums it has or may from time to time re-
ceive from the trustees appointed under the will of the said
Laban Pratt, deceased. Said corporation shall, upon the
acceptance of this act by the town of Weymouth as herein-
after provided, receive and hold all past and future bequests
and gifts that may be made for the maintenance of said
hospital, and the same shall be appropriated, held and used
by said corporation for the sole use and purpose aforesaid
as a trust in belialf of and for the inhabitants of said town,
and such other persons as may be permitted to enjoy the
benefits of said hospital in pursuance of the provisions of
said will. Said trustees shall render to the board of select-
men annually as of the first of January a report of their
proceedings, with a statement of the condition of the hospital,
the property and funds pertaining to the same, with an
accurate account of all receipts and expenditures, together
with such other information or suggestions as they may deem
desirable, which report shall be published by the board of
selectmen in the annual town report. Said trustees shall in
behalf of said town carefully and considerately carry into
execution the generous plan of the testator as contemplated
by the said will and codicil.
Section 4. Said trustees shall appoint the town treasurer
as treasurer, and shall require of him a bond ^vith satisfactory
sureties in the penal sum of not less than twenty-five thou-
sand dollars for the faithful discharge of his duties, and his
books of account and vouchers shall at all times be open to
the trustees aforesaid, or any one of them.
The trustees shall also appoint from their own member-
ship a board of audit and control of not less than three, who
shall examine all bills and pay rolls, and no such bill or pay
roll shall be paid by the treasurer unless approved by a
majority of said board.
Section 5. The trustees shall appoint a clerk whose duty
it shall be to keep a full and fair record of the proceedings of
the board, and to discharge such other duties as they shall
from time to time prescribe. The compensation of the treas-
urer and clerk shall be fixed by the board of trustees.
Section 6. The trustees shall have full power to elect
such other officers as they may from time to time think
necessary or expedient, and to determine and fix the tenure
of their offices, and of that of the clerk ; to remove any trustee
who shall be incapable through age, removal from the town,
infirmity or otherwise for the discharge of his duties as said
trustee, or who by unreasonable absence from the meetings
of the board shall fail to discharge the duties of his office,
and generally to do all acts and things necessary or expedient
194 Acts, 1946. — Chaps. 247, 248.
to be done for the purpose of carrying into full effect the pro-
visions and purposes of this act.
Section 7. It shall be the duty of the trustees to safely
and securely invest, or to hold invested, the trust funds de-
rived under said will or otherwise, and they shall have regard
at all times to all the provisions of said will affecting said
trust and the desire of the testator as expressed therein.
Section 8. Nothing in this act contained shall be held
to alter or impair any trust created b}-- said will. The cor-
poration hereby created, acting through its trustees and
proper officers, shall be deemed the agent of said town of
Weymouth for the proper execution of all trusts arising under
the provisions of said will. Nothing in this act contained
shall be construed as releasing the town of Weymouth from
any obUgation arising from the acceptance of said bequest
under said will or from any condition made therein. The
said Allan C. Emery is hereby authorized and empowered
to prescribe the time and place for the holding of the first
meeting of said trustees and to notify them thereof.
Section 9. Chapter four hundred and four of the acts
of nineteen hundred and forty-three is hereby repealed.
Section 10. This act shall take full effect upon its ac-
ceptance by a majority of the town meeting members of
the town of Weymouth present and voting thereon at a
meeting legally called for this purpose not later than five
years after the date of the passage of this act, but not
otherwise. Approved April 26, 1946.
Chap. 247 An Act authorizing the city of Cambridge to retire
HARRY A. PENNIMAN ON HALF PAY.
Be it enacted, etc., as follows:
Section 1. The city of Cambridge is hereby authorized
to retire Harry A. Penniman, who has been election commis-
sioner of said city continuously since the year nineteen
hundred and twenty, and to pay to him a pension equal
to one half of the salary received by him as such commis-
sioner in the year nineteen hundred and forty-five. The re-
tiring authority under this act shall be the city manager.
Section 2. This act shall take effect upon its passage.
Approved April 29, 1946.
Chap. 24S ^ ^^'^ relative to a fifth assistant clerk of courts
FOR the county OF MIDDLESEX.
Be it enacted, etc., a^ follows:
G. L. (Ter. Section 1. Chapter two hundred and twenty-one of the
^to.^'amiiied. General Laws is hereby amended by striking out section
four, as most recently amended by section one of chapter
three hundred and thirty-six of the acts of nineteen hundred
and forty-three, and inserting in place thereof the following
Awistant scctiou : — Sectton 4- The justices of the supreme judicial
elerks.
Acts, 1946. — Chaps. 249, 250. 196
court shall appoint for a term of three years from the date
of their appointment, and may remove, assistant clerks of
courts, as follows:
For the county of —
Barnstable, an assistant ;
Bristol, an assistant, and a second assistant;
Essex, an assistant, a second assistant, a third assistant,
a fourth assistant and a fifth assistant;
Hampden, an assistant, a second assistant and, subject to
the approval of the county commissioners, a third assistant;
Middlesex, an assistant, a second assistant, a third assist-
ant, a fourth assistant and a fifth assistant;
Norfolk, an assistant;
Plymouth, an assistant;
Sufifolk, an assistant of the supreme judicial court;
Worcester, an assistant, a second assistant, a third assist-
ant and a fourth assistant.
Assistant clerks of courts except in Suffolk county shall
act as assistant clerks of the supreme judicial court, the su-
perior court and the county commissioners.
Section 2. This act shall take effect upon its passage.
Ay-proved April 29, 1946.
An Act establishing the authority of the trustees ChavMQ
OF THE CUSHING ACADEMY TO BORROW MONEY AND TO
mortgage REAL ESTATE AS SECURITY THEREFOR.
Be it enacted, etc., as follows:
The Trustees of the Gushing Academy, a corporation
incorporated by chapter two hundred and sixty-five of the
acts of eighteen hundred and sixty-five, is hereby author-
ized and empowered for the purposes set forth in said act
to borrow money from time to time to an amount not in
excess of three hundred thousand dollars, and said corpora-
tion is hereby authorized and empowered to mortgage real
estate owned by it and situated in the town of Ashburnham
as security for any such loan or loans.
Approved April 29, 1946.
Chap.250
An Act to broaden the laws relative to the issuance
OF participating policies by foreign stock insurance
companies authorized to transact business within
the commonwealth, by providing that such compa-
nies may issue such policies if authorized to do so
BY the laws of their STATE OR GOVERNMENT.
Whereas, The deferred operation of this act would tend ^rTamb^^
to defeat its purpose by depriving the people of this com- ^'^'''""
monwealth of the, opportunity of obtaining forthwith from
certain insurance companies participating policies of insur-
ance, therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the public con-
▼emenoe.
106
Acts, 1946. — Chap. 251.
G. L. (Ter.
Ed.). 175.
i 150. etc..
amended.
Foreign
companies.
Admission
to transact
business.
Be it enacted, etc., as follows:
Section one hundred and fifty of chapter one hundred and
seventy-five of the General Laws, as amended by section two
of chapter six hundred and nine of the acts of nineteen hun-
dred and forty-five, is hereby further amended by inserting
after the word "charter" in the eleventh line the words: —
or by the laws of its state or government, — so as to read
as follows: — Section 150. Foreign companies, upon com-
plying with the conditions herein set forth applicable to such
companies, may be admitted to transact in the common-
wealth, as provided in section one hundred and fifty-seven,
any kinds of business authorized by this chapter, subject
to all general laws now or hereafter in force relative to in-
surance companies, and subject to all laws applicable to the
transaction of such business by foreign companies and their
agents; except that no foreign stock company may issue
participating policies unless specifically authorized to do so
by its charter or by the laws of its state or government; pro-
vided, that no provision of law which by its terms applies
specifically to domestic life companies shall thereby become
applicable to foreign life companies; and provided, further,
that the provisions of section eighty-one relative to the con-
tingent mutual liability of members shall not apply to any
foreign mutual fire company which had been admitted to
transact business in the commonwealth prior to Januarj''
first, nineteen hundred and twenty-one and was then actu-
ally transacting busineis therein without complying with
said provisions. Approved April SO, 1946.
Chap. 251 An Act relative to the collection of local taxes by
SUIT.
Be it enacted, etc., as follows:
Section 1. Chapter sixty of the General Laws is hereby
amended by striking out section thirty-five, as amended by
section two of chapter one hundred and fifty of the acts of
nineteen hundred and thirty-eight, and inserting in place
thereof the following section: — Section 35. If a tax which
has been committed to a collector remains unpaid after it
has become due and payable, it may be recovered in an
action of contract or in any other appropriate action, suit
or proceeding brought by the collector either in his own
name or in the name of the town against the person assessed
for such tax.
Section 2. Section seventy-nine of chapter fifty-nine of
the General Laws, as amended by section one of said chapter
one hundred and fifty, is hereby further amended by striking
out the last sentence and inserting in place thereof the fol-
lowing sentence: — If a tax so apportioned upon any parcel
remains unpaid after commitment to the collector, it may
be recovered in an action of contract or in any other appro-
priate action, suit or proceeding brought by the collector
G. L. (Ter.
Ed.), 60, § 35,
etc., amended.
Collector
may main-
tain action.
G. L. (Ter.
Ed.), 59, § 79,
etc., amended.
Collector
Acts, 1946. — Chaps. 252, 253, 254. 197
either in his own name or in the name of the town against
said owners or mortgagees.
Section 3. This act shall become effective on October Effective
first in the current year and shall apply to taxes assessed ^***-
both before and after its effective date; but this act shall
not apply to actions pending on its effective date.
Approved April SO, 1946.
An Act further regulating the making of wagers at Chap. 252
HORSE and dog RACES CONDUCTED UNDER THE PARI-
MUTUEL OR CERTIFICATE SYSTEM OF BETTING.
Be it enacted, etc., as follows:
Section five of chapter one hundred and twenty-eight A ejo-'issa.
of the General Laws, as amended, is hereby further amended § s! etc..
by inserting after the first paragraph, as appearing in section ''"'*"
one of chapter four hundred and fifty-four of the acts of
nineteen hundred and thirty-five, the following paragraph : —
No wagers on any race shall be received by a licensee unless wagers
they are made within the grounds aforesaid on the day such ["dercwtain
race is held by patrons who purchase their betting tickets at conditions.
the windows or booths provided therefor.
Approved April 30, 1946.
An Act authorizing street railway companies to make (JJiaj).25S
SPECIAL RATES FOR TRANSPORTATION OF CERTAIN VET- ^'
ERANS.
Be it enacted, etc., as follows:
Section one hundred and seven of chapter one hundred e^)'/^^'''"'
and sixty-one of the General Laws, as appearing in the Ter- 1 107,
centenary Edition, is hereby amended by striking out, in »™'""^^'*-
the fourth line, the word "and", the third time said word
appears in said line, and by adding after the word "school"
in the fifth line the following : — , and for veterans of World
War II attending schools or other institutions of learning
under authority of any provision of the G. I. Bill of Rights,
so called, as amended, — so that the first paragraph will read
as follows : — A company may provide cars for special serv- special serv-
ice, and may make special rates therefor; and may make l^nd^rltes.
special rates for working men and working women on week
days between the hours of five and seven in the morning and
five and seven in the evening, for children attending school,
and for veterans of World War II attending schools or other
institutions of learning under authority of any provision of
the G. I. Bill of Rights, so called, as amended.
Approved April 30, 1946.
An Act relative to the parole of prisoners from the (Jiid^ 254
STATE PRISON. ^'
Whereas, The deferred operation of this act would tend Emergency
to defeat its purpose, which is to make certain persons eligible ^^^^'^
198
Acts, 1946. — Chap. 255.
G. L. (Ter.
Ed.), 127,
§ 133, etc.,
amended.
Time of
granting
parole.
Exceptions.
immediately for parole from the state prison, therefore it is
hereby declared to be an emergency law, necessary for the
immediate preservation of the public convenience.
Be it enacted, etc., as follows:
Section one hundred and thirty-three of chapter one hun-
dred and twenty-seven of the General Laws, as most re-
cently amended by section two of chapter six hundred and
ninety of the acts of nineteen hundred and forty-one, is
hereby further amended by striking out, in the fifth and
sixth lines, the words "until he shall have served two and
one half years, nor", — so as to read as follows: — Section ISS.
Parole permits may be granted by the parole board to pris-
oners subject to its jurisdiction at such time as the board in
each case may determine; provided, that no prisoner held
under sentence to the state prison shall receive a parole per-
mit until he shall have served two thirds of his minimum
sentence, or, if he has two or more sentences to be served
otherwise than concurrently, two thirds of the aggregate of
the minimum terms of such several sentences.
Approved May 1, 1946.
Chap. 255 An Act relative to limitations upon the total liability
OF ONE BORROWER ON MORTGAGES TO A CO-OPERATIVE
BANK.
Be it enacted, etc., as follows:
Section thirty-six A of chapter one hundred and seventy
of the General Laws, as most recently amended by section
one of chapter one hundred and fifty-four of the acts of the
current year, is hereby further amended by striking out the
paragraph amended by chapter one hundred and fifteen of
the acts of nineteen hundred and forty-five and inserting in
place thereof the following paragraph : —
The aggregate amount of such loans to any one borrower
by any such corporation shall not exceed ten thousand dollars
or one per cent of the aggregate amount of all loans secured
by mortgages of real estate held by such corporation, which-
ever is greater, but in no event shall such aggregate amount
of such loans to any one borrower by any such corporation
exceed one hundred and fifty thousand dollars; provided,
that the conditions contained in this paragraph shall not
apply to any loan the real estate securing which has been
sold to a bona fide purchaser who is deemed by such 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 pur-
chased from the corporation; and provided, further, that all
the loans to any one borrower by any such corporation,
other than loans upon property purchased from the corpo-
ration, and upon matured or paid-up shares, shall not exceed
G. L. (Ter.
Ed.), 170,
§ 36A, etc.,
amended.
Aggregate
amount of
loans to
any one
borrower
imited.
Acts, 1946. — Chap. 256. 199
the limit on one borrower's liability established by this sec-
tion, or that established by section sixteen, whichever is
greater. Approved May 1, 1946.
An Act relative to investments of deposits and the (JJiaj) 256
INCOME DERIVED THEREFROM OF SAVINGS BANKS IN FIRST ^'
MORTGAGES OF REAL ESTATE, SUCH MORTGAGED PROPERTY
TO BE WITHIN A RADIUS OF TWENTY-FIVE MILES OF THE
MAIN OFFICE OF A SAVINGS BANK.
Be it enacted, etc., as follows:
Section 1. Section fifty-four of chapter one hundred and g.l. (Ter.
sixty-eight of the General Laws is hereby amended by strik- § 54,' etc..'
ing out the first paragraph of clause First, as appearing in »"'«"d«'^-
chapter one hundred and eighty of the acts of nineteen hun-
dred and thirty-seven, and inserting in place thereof the
following paragraph: —
In first mortgages of real estate located in the common- Mortgage
wealth, or in a state contiguous to the commonwealth and 'JfYaviSgs*^
within a radius of twenty-five miles of the main office of banks.
the savings bank making the loan, but not more than seventy Limits.
per cent of the whole amount of deposits shall be so invested
and not more than twenty per cent of the whole amount of
deposits shall be invested in mortgages in states contiguous
to the commonwealth. 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 board
of investment who shall certify on said application, accord-
ing to their best judgment, the value of premises to be mort-
gaged; and such application shall be filed and preserved
with the records of the corporation. All loans secured by
first mortgages of real estate shall be subject to the follow-
ing restrictions : —
Section 2. Said clause First is hereby further amended g^^.. (Xer.
by striking out subdivision (a), as appearing in said chapter §54,' etc,'
one hundred and eighty, and inserting in place thereof the Amended.
following subdivision : —
(a) A loan secured by a first mortgage of real estate lo- Same subject.
cated in the commonwealth, or in a state contiguous to the
commonwealth and within a radius of twenty-five miles of
the main office of the savings bank making the loan, except
real estate referred to in subdivision (6) hereof, may be made
on demand or for a period not extending beyond three years
from the date of the note and shall not exceed sixty per cent
of the value of the premises to be mortgaged.
Section 3. Said clause First is hereby further amended EdVies'^'
by striking out subdivision (d), as appearing in section one §54,' etc.,'
of chapter ninety-four of the acts of nineteen hundred and amended.
forty-three, and inserting in place thereof the following sub-
division : —
(d) A loan secured by a first mortgage of real estate located limitation
in the commonwealth, or in a state contiguous to the com- kra^°nor^^
200
Acts, 1946. — Chap, 256.
exceeding
sixty per cent
of value of
premises.
G. L. (Ter.
Ed.), 168,
§ 54, etc.,
further
amended.
Limitation on
mortgage
loans not
exceeding
seventy per
cent of value
of premi.ses.
G. L. (Ter.
Ed.). 168.
§ 54. etc.,
further
amended.
I /imitation
on mortgage
loans not
exceeding
.seventy-five
per cent of
value of
premises.
monwealth and within a radius of twenty-five miles of the
main office of the savings bank making the loan, except real
estate referred to in subsection (6) hereof, not exceeding
sixty per cent of the value of the premises to be mortgaged,
may be made for a period of not less than three nor more
than twenty years from the date of the note ; provided, that
the terms of such 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, except that in the
case of a construction loan under this subsection, such pay-
ments may commence not later than six months after the
date of the note; and such payments on any loan referred
to in this subsection shall be in amounts aggregating annu-
ally not less than two per cent of the original amount of the
loan.
Section 4, Said clause First is hereby further amended
by striking out subdivision (e), as appearing in section one
of chapter one hundred and eighty-four of the acts of nine-
teen hundred and forty-five, and inserting in place thereof
the following subdivision : —
(e) A loan secured by a first mortgage of real estate
located in the commonwealth, or in a state contiguous to
the commonwealth and within a radius of twenty-five miles
of the main office of the savings bank making the loan, ex-
cept real estate referred to in subsection (6) hereof, not ex-
ceeding seventy per cent of the value of the premises to be
mortgaged, may be made for a period of not less than five
nor more than twenty years from the date of the note; pro-
vided, 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 pajonents 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 amount of the loan; except that in the
case of a construction loan under this subsection, such pay-
ments at the rate of not less than three 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.
Section 5. Said clause First is hereby further amended
by striking out subdivision {e}^), as appearing in section two
of said chapter one hundred and eighty-four, and inserting
in place thereof the following subdivision: —
{eyQ ^ loan secured by a first mortgage of real estate
located m the commonwealth, or in a state contiguous to
the commonwealth and within a radius of twenty-five miles
of the main office of the savings bank making the loan, ex-
cept real estate referred to in subsection (b) hereof, not ex-
ceeding 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;
Acts, 1946. — Chap. 267. 201
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, siich 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 amount of the loan; except that in the
case of a construction loan under this subsection, such pay-
ments at the rate of not less than three per cent per annum
may commence not later than six months after the date of
the note. Any mortgage taken under 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 subsec-
tion shall be made for a sum in excess of twelve thousand
dollars. Approved May 1, 1946.
An Act CHANGmc the names of the new Bedford textile nhnr) 9^7
SCHOOL AND OF THE BRADFORD DURFEE TEXTILE SCHOOL ^'
OF FALL RIVER AND MAKING CERTAIN OTHER CHANGES IN
THE LAWS RELATIVE TO SUCH INSTITUTES.
Be it enacted, etc., as follows. •
Section 1. Chapter seventy-four of the General Laws is g. l. (Ter.
hereby amended by striking out section forty-two, as appear- Amended * ^"'
ing in the Tercentenary Edition, and inserting in place
thereof the following section : — Section 43. The Bradford [^titute^t?"^
Durfee technical institute of Fall River and the New Bedford bTstaV^
textile institute shall be maintained by the commonwealth '"s*'t'^t'°Ds.
for the purpose of giving instruction in the theory and prac-
tical art of textile and kindred branches of industry.
Section 2. Section forty-three of said chapter seventy- g. l. (Ter.
four, as so appearing, is hereby amended by striking out, in ^meAded.^ ^'^'
the first line, the word "schools" and inserting in place
thereof the word : — institutes, — so as to read as follows : —
Section 43. The board of trustees of each of said institutes Trustees may
shall be a corporation for the purpose of taking by gift, be- i'n°tTiK,t°^'"**'
quest or devise any real or personal property.
Section 3. Section forty-four of said chapter seventy- g. l. (Ter.
four, as so appearing, is hereby amended by striking out, in Amended.* *^'
the second line, the word "school" and inserting in place
thereof the word : — institute, — so as to read as follows : —
Section 44- The commissioner shall make an annual report as Annual
to each such institute, containing a concise statement as to its '^po""*-
buildings, equipment, and resources, its courses and methods
of instruction, the number of teachers and students during
the preceding school year and the number of graduates.
Sectiom 4. Section forty-five of said chapter seventy- g. l. (Ter.
four, as so appearing, is hereby amended by striking out, ^mend'e^d ^ ^^'
in the first line and in the second line, the word "schools"
and inserting in place thereof, in each instance, the word: —
institutes, — so as to read as follows: — Section 45. The insurance.
board of trustees of each of said institutes may insure the
202
Acts, 1946. — Chap. 257.
G. L. (Ter.
Ed.). 74, § 46,
amended.
Rate of
tuition for
non-reaidents.
G. L. (Ter.
Ed.), 74,
i 46A.
amended.
Tests au-
thorized.
G. L. (Ter.
Ed.), 15,
§ 19, etc.,
amended.
Certain trus-
tees, etc.,
serving in the
department.
G. L. (Ter.
Ed.), 15, §21,
amended.
Board of
trustees.
buildings of said institutes and their contents in such amount
as it deems sufficient.
Section 5. Section forty-six of said chapter seventy-four,
as so appearing, is hereby amended by striking out, in the
first line, the word "schools" and inserting in place thereof
the word : — institutes, — so as to read as follows : — Sec-
tion 46. The yearly tuition at any of said institutes for day
students who are non-residents of the commonwealth shall
not be less than one hundred and fifty dollars.
Section 6. Section forty-six A of said chapter seventy-
four, as so appearing, is hereby amended by striking out, in
the first line, the word "schools" and inserting in place
thereof the word : — institutes, — and by striking out, in the
tenth line, the word "school" and inserting in place thereof
the word : — institute, — so as to read as follows : — Sec-
tion Jf6A . Said institutes may make, under such regulations
as their respective boards of trustees may from time to time
prescribe, tests, comparative or otherwise, of new and useful
improvements in textile machinery or of apparatus, dyes,
compounds, processes, methods or means, directly or in-
directly relating to the manufacture of textiles or to the
machinery, tools, appliances and materials used in con-
nection therewith. The person for whom any such test is
made shall pay therefor on account of the commonwealth a
sum not less than the actual cost thereof, including a reason-
able amount for overhead expense. No such test shall be
undertaken by any such institute which in the opinion of its
trustees will be likely to interfere with the regular, efficient
and proper exercise of school functions. In the making of
such tests preference shall be given to citizens of, and to
corporations organized under the laws of, the commonwealth.
Section 7. Chapter fifteen of the General Laws is
hereby amended by striking out section nineteen, as most
recently amended by section two of chapter one of the acts
of nineteen hundred and forty-two, and inserting in place
thereof the following section: — Section 19. The trustees of
the Massachusetts state college, the board of commissioners
of the Massachusetts maritime academy, the trustees of the
Bradford Durfee technical institute of Fall River, the trustees
of the Lowell textile institute and the trustees of the New
Bedford textile institute shall serve in the department.
Section 8. Said chapter fifteen is hereby further amended
by striking out section twenty-one, as appearing in the Ter-
centenary Edition, and inserting in place thereof the following
section : — Section 21 . There shall be boards of trustees for
the Bradford Durfee technical institute of Fall River and
for the New Bedford textile institute, each consisting of
fifteen appointive members and the commissioner of educa-
tion or a member of the advisory board of education desig-
nated by him, as an ex officio member, and the mayor and
superintendent of schools of Fall River and of New Bedford
shall be additional members ex officiis of said boards, re-
spectively. Upon the expiration of the term of office of an
Acts, 1946. — Chaps. 258, 259. 203
appointive member, his successor shall be appointed for
three years by the governor, with the advice and consent of
the council.
Section 9. The titles preceding section twenty-one of ,^\*e°f*?j
said chapter fifteen and section forty-two of said chapter titiw! *'°
seventy-four, both as appearing in the Tercentenary Edition,
are respectively changed to certain textile institutes.
Approved May 1, 1946.
An Act providing for extensions of the boundaries r'/,^^) 258
OF the west and south water supply district of /'• oo
acton.
Be it enacted, etc., as follows:
Section 1. Chapter three hundred and twenty-six of
the acts of nineteen hundred and twelve, as amended, is
hereby further amended by inserting after section twelve the
following section: — Section 12 A. Upon a petition in writ-
ing addressed to said commissioners of said water supply
district, requesting that certain real estate, accurately de-
scribed therein, located in said town and abutting on said
district and not otherwise served by a public water supply,
be included within the Umits thereof, and signed by the
owners of such real estate, or a major portion of such real
estate, said commissioners shall cause a duly warned meet-
ing of the district to be called, at which meeting the voters
may vote on the question of including said real estate within
the district. If a majority of the voters present and voting
thereon vote in the affirmative, the clerk of said district shall,
within ten days, file with the town clerk of 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 chap-
ter in the same manner and to the same extent as the real
estate described in section one.
Section 2. This act shall take effect upon its passage.
Approved May 2, 1946.
An Act to authorize the city of peabody to make rjhnj^ ocq
IMMEDIATE USE OF CERTAIN FUNDS NOW IN ITS POSSES- ^'
SION.
Be it enacted, etc., as follows:
Section 1. The city of Peabody is hereby authorized to
transfer the unexpended balance of the proceeds of a loan
made in December, nineteen hundred and forty-four, to pro-
vide funds for enlarging Spring Pond reservoir to any other
account established for purposes for which a loan may be
authorized for not less than twenty years, notwithstanding
the provisions of section twenty of chapter forty-four of the
General Laws.
Section 2. This act shall take effect upon its passage.
Approved May 2, 1946.
204 Acts, 1946. — Chaps. 260, 261.
Ch(ip,2Q0 An Act making veterans of world war ii eligible in
CERTAIN CASES FOB ENLISTMENT OR APPOINTMENT AS
STATE POLICE OFFICERS, NOTWITHSTANDING ANY AGE RE-
QUIREMENTS.
pSu^ Whereas, The deferred operation of this act would tend
to defeat its purpose, which is to make certain veterans of
World War II eligible for enlistment and appointment as
state police officers notwithstanding certain age require-
ments, 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:
The provision of section nine A of chapter twenty-two of
the General Laws, as most recently amended by chapter one
hundred and seventy-five of the acts of nineteen hundred
and forty-three, which prohibits a person over thirty years
of age from being enlisted for the first time as an officer of
the division of state police shall not prevent the enlistment
or appointment as such an officer of any person otherwise
ehgible to appointment under said section nine A who en-
tered the armed forces of the United States subsequent to
September sixteenth, nineteen hundred and forty and prior
to the termination of the existing states of war between the
United States and certain foreign countries, as evidenced by
a proclamation issued by the President of the United States
or by a joint resolution of Congress or otherwise, and re-
ceived a discharge other than a dishonorable one; provided,
that at the time of his entry into the armed forces he was
less than thirty years of age and that his enlistment or ap-
pointment as such an officer is made within three years of
such discharge. Approved May 2, 1946.
Chap, 2Q1 An Act relative to the south dighton fire and water
DISTRICT.
Be it enacted, etc., as follows:
Section 1. Chapter four hundred and ten of the acts of
nineteen hundred and thirty-nine is hereby amended by
striking out section seven and inserting in place thereof the
following section: — Section 7. This act shall take full effect
upon its acceptance by a majority vote of the voters of the
South Dighton Fire and Water District present and voting
thereon at a district meeting called for the purpose within
three years after its passage; but the number of meetings so
called in any one year shall not exceed three.
Section 2. The vote of the South Dighton Fire and
Water District pas?ed on the eleventh day of May, nineteen
hundred and forty-two, accepting chapter four hundred and
ten of the acts of nineteen hundred and thirty-nine, is hereby
validated and confirmed and shall have the same effect as if
Acts, 1946. — Chap. 262. 205
section seven of said chapter four hundred and ten, as
amended by section one of this act, had been in effect on
that date.
Section 3. Section three of said chapter four hundred
and ten is hereby amended by striking out the last sentence
and inserting in place thereof the following sentence : —
Indebtedness incurred under this act shall be outside the
limit of indebtedness authorized under the general laws, but
shall otherwise be subject to chapter forty-four of the Gen-
eral Laws.
Section 4. This act shall take effect upon its passage.
Approved May 2, 1946.
An Act providing that the salaries op the clerk and Q}i(ir),2&2,
THE assistant CLERKS OP THE SUPERIOR COURT POR CIVIL ^'
BUSINESS IN THE COUNTY OF SUPFOLK SHALL BE PIXED BY
THE JUSTICES OF SAID COURT.
Be it enacted, etc., as follows:
Section 1. Section forty-nine of chapter thirty-five of gj^^JJ^'^-
the General Laws, as most recently amended by section two §49.' etc..
of chapter four hundred and eighty-six of the acts of nine- "'"•^*'*^^-
teen hundred and forty-five, is hereby further amended by
inserting after the word "commissioners" in the fourth and
fifth lines the words : — , the clerk and the assistant clerks
of the superior court for civil business in the county of
Suffolk, — so as to read as follows: — Section 49. Every Certain officers
office and position whereof the salary is wholly payable from dammed"
the treasury of one or more counties, or from funds adminis- ^^ ^°^^^-
tered by and through county officials, except the offices of
county commissioners, the clerk and the assistant clerks of
the superior court for civil business in the county of Suffolk,
justices and special justices of the district courts, the mes-
senger of the superior court in the county of Suffolk, clerks
and assistant clerks of the district courts other than the
clerks and assistant clerks of district courts in the county of
Suffolk and of the central district court of Worcester, trial
justices, other offices and positions filled by appointment of
the governor with the advice and consent of the council,
court officers appointed in Suffolk county under section
seventy of chapter two hundred and twenty-one, court officers
in attendance upon the municipal court of the city of Boston,
and probation officers, but including the officer described in
the first sentence of section seventy-six of said chapter two
hundred and twenty-one, shall be classified by the board
in the manner provided by sections forty-eight to fifty-six,
inclusive, and every such office and position, now existing or
hereafter established, shall be allocated by the board to its
proper place in such classification. Offices and positions in
the service of any department, board, school or hospital
principally supported by the funds of the county or counties,
or in the service of a hospital district estabUshed under sec-
tions seventj'-eight to ninety-one, inclusive, of chapter one
206
Acts, 1946. — Chap. 262.
Term
"salary"
defined.
G. L. (Ter.
Ed.), 221.
§ 94, etc.,
amended.
Salaries of
clerks and
assistant
clerks
of courts.
G. L. (Ter.
Ed.), 221.
new § fl4A.
added.
Salaries of
clerk and
assistant
clerks of
superior
court for civil
business in
Suffolk
county.
hundred and eleven, shall likewise be subject to classification
as aforesaid. The word "salary", as used in this section,
shall include compensation, however payable; but nothing
in sections forty-eight to fifty-six, inclusive, and nothing done
under authority thereof, shall prevent any person from con-
tinuing to receive from a county such compensation as is
fixed under authority of other provisions of law or as is ex-
pressly established by law.
Section 2. Chapter two hundred and twenty-one of the
General Laws is hereby amended by striking out section
ninety-four, as amended by section thirty-nine of chapter
one hundred and eighty of the acts of nineteen hundred and
thirty-two, and inserting in place thereof the following sec-
tion: — Section 94- Except as provided in section ninety-
three and except as hereinafter provided, the salaries of clerks
and assistant clerks of the supreme judicial and superior
courts, other than the clerk and assistant clerks of the su-
perior court for civil business in the county of Suffolk, shall
be established in accordance with sections forty-eight to
fifty-six, inclusive, of chapter thirty-five and shall be paid
by their respective counties. The salary of the clerk of the
supreme judicial court for Suffolk county shall be sixty-eight
hundred dollars plus one hundred dollars additional for each
fifty thousand population of Suffolk county above eight
hundred and fifty thousand, as established by the next pre-
ceding state or national census, and fifteen hundred dollars
of said salary shall be paid by the commonwealth. In the
year following each state and national census, the treasurer
of Suffolk county shall adjust the salary of said clerk of the
supreme judicial court in accordance with the foregoing pro-
vision, on the basis of said census, and the salary so adjusted
shall be allowed from January first in the year of adjustment.
The assistant clerks of the superior court for criminal business
in Suffolk county may receive their salary in bi-weekly in-
stalments if they so request in writing.
Section 3. Said chapter two hundred and twenty-one is
hereby further amended by inserting after section ninety-four,
as amended, the following section : — Section 94A . The clerk
and the assistant clerks of the superior court for civil business
in the county of Suffolk shall each receive in bi-weekly in-
stalments from said county such salary as shall be fixed
from time to time by the justices of the superior court; and
of the salary so fixed for the assistant clerk of said court
appointed to perform the duties of clerk pertaining to equity
proceedings in said court and designated to act as clerk of
said court when sitting in Boston for the hearing of causes
from any other county, one thousand dollars shall be paid
by the commonwealth.
Section 4. Salaries of the clerk and the assistant clerks
of the superior court for civil business in the county of
Suffolk including the amount paid by the commonwealth to
said assistant clerk appointed by the superior court to per-
form the duties of clerk pertaining to equity proceedings in
Acts, 1946. — Chap. 263. 207
said court and designated to act as clerk of said court when
sitting in Boston for the hearing of causes from any other
county, in force on the effective date hereof shall continue in
force until fixed by the justices of the superior court.
Section 5. This act shall take effect on September first Effective
in the current year. Approved May 2, 194-6.
An Act amending the charter of the city of woburn (7/iar>.263
BY providing for THE INITIATIVE AND REFERENDUM.
Be it enacted, etc., as follows:
Section 1. Chapter one hundred and seventy-two of the
acts of eighteen hundred and ninety-seven is hereby amended
by inserting after section forty-two the eight following sec-
tions: — Section 42 A. A petition conforming to the require-
ments hereinafter provided and requesting the city council
to pass a measure, except a revenue loan order, or requesting
the school committee to pass a measure, therein set forth or
designated, shall be termed an initiative petition, and shall
be acted upon as hereinafter provided. In this and the seven
following sections, "measure" shall mean an ordinance,
resolution, order or vote passed by a city council, or a
resolution, order or vote passed by a school committee, as
the case may be.
Section 4^8. Signatures to initiative petitions need not
be all on one paper. All such papers pertaining to any one
measure shall be fastened together and shall be filed in the
office of the city clerk as one instrument, with the endorse-
ment thereon of the names and addresses of three persons
designated as filing the same. With each signature to the
petition shall be stated the place of residence of the signer,
giving the street and number, if any.
Within five days after the filing of said petition the regis-
trars of voters shall ascertain by what number of registered
voters the petition is signed, and what percentage that
number is of the total number of registered voters, and shall
attach thereto their certificate showing the result of such
examination.
The city clerk shall forthwith transmit the said certificate
with the said petition to the city council or to the school
committee according as the petition is addressed, and at the
same time shall send a copy of said certificate to one or
more of the persons designated on the petition as filing the
same.
Section 4^C. If any initiative petition is signed by regis-
tered voters equal in number to at least twenty per cent of
the whole number of registered voters, the city council or
the school committee, as the case may be, shall, within
twenty days after the date of the certificate of the registrars
to that effect —
1. Pass said measure without alteration, subject to the
referendum vote provided by sections forty-two A to forty-
two H, inclusive, or
208 Acts, 1946. — Chap. 263.
2. The city council shall call a special election to be held
on a Tuesday fixed by it not less than thirty nor more than
forty-five days after the date of the certificate hereinbefore
mentioned, and shall submit the proposed measure without
alteration to a vote of the registered voters of the city at
that election; provided, that if any city election is otherwise
to occur within ninety days after the date of said certificate,
the city council may, at its discretion, omit calling the special
election and submit the proposed measure to the voters at
such approaching election.
Section 42D. If an initiative petition is signed by regis-
tered voters equal in number to at least eight per cent but
less than twenty per cent of the total number of registered
voters, and said measure be not passed without alteration
within twenty days by the city council or the school com-
mittee, as provided in section forty-two C, such proposed
measure, without alteration, shall be submitted by the city
council to a vote of the registered voters of the city at the
next regular municipal election A measure proposed under
this section or section forty-two C shall become effective if
it shall be approved by registered voters of the city equal in
number to one third of the whole number thereof and also
by a majority of the voters voting on such measure, but not
otherwise.
Section A.2E. The ballots used when voting upon a pro-
posed measure under section forty-two C or section forty-
two D, or a measure or part thereof protested against under
section forty-two F, shall state the nature of the measure in
terms sufficient to show the substance thereof.
Section 4^F. If, within twenty days after the final pas-
sage of any measure, except a revenue loan order, by the
city council or by the school committee, a petition signed
by registered voters of the city, equal in number to at least
twelve per cent of the total number of registered voters, is
presented to the city council or to the school committee, as
the case may be, protesting against such measure, or any
part thereof, taking effect, the same shall thereupon and
thereby be suspended from taking effect; and the city coun-
cil or the school committee, as the case may be, shall imme-
diately reconsider such measure or part thereof; and if such
measure or part thereof is not entirely rescinded, the city
council shall submit the same, by the method hereinbefore
provided, to a vote of the registered voters of the city,
either at the next regular city election, or at a special elec-
tion which may, in its discretion, be called for the purpose,
and such measure or part thereof shall forthwith become
null and void unless a majority of the registered voters vot-
ing on the same at such election vote in favor thereof.
The petition described in this section shall be termed a
referendum petition and section forty-two B shall apply to
the procedure in respect thereto, except that the words
"measure or part thereof protested against" shall for this
purpose be understood to replace "measure" in said section
Acts, 1946. — Chap. 264. 209
wherever it may occur, and "referendum" shall be under-
stood to replace the word "initiative" in said section wher-
ever it may occur.
Section J^G. The city council may, of its own motion,
and shall, upon request of the school committee if a measure
originates with that committee and pertains to the affairs
under its administration, submit to a vote of the registered
voters of the city for adoption or rejection at a general or
special city election any proposed measure, or a proposition
for the repeal or amendment of any measure, in the same
manner and with the same force and effect as are provided
in said sections forty-two A to forty-two H, inclusive, for
submission on petition.
Section 4^H. If two or more proposed measures passed
at the same election contain conflicting provisions only the
one receiving the greater number of affirmative votes shall
take effect.
Section 2. This act shall be submitted to the registered
voters of the city of Woburn for acceptance at the regular
municipal election in the year nineteen hundred and forty-
nine, in the form of the following question which shall be
placed on the official ballot to be used at said election : —
"Shall an act passed by the general court in the year nine-
teen hundred and forty-six, entitled 'An Act amending the
charter of the city of Woburn by providing for the initiative
and referendum', be accepted?" If a majority of the votes
in answer to said question is in the affirmative, then this
act shall take full effect, but not otherwise.
Approved May 2, 1946.
An Act authorizing the appointment of an additional Chap. 264:
COURT OFFICER IN THE CENTRAL DISTRICT COURT OF
WORCESTER.
Be it enacted, etc., as follows. •
Section 1. Section sixty-two ofchapter two hundred and ^j^; ^^l'-
eighteen of the General Laws, as most recently amended by 5 ^2.' etc..'
chapter two hundred and ninety-four of the acts of nineteen ^™*'° *
hundred and forty-five, is hereby further amended by in-
serting after the word "Chelsea" in the fourteenth line the
words: — , the central district court of Worcester, — so as
to read as follows: — Section 62. In the municipal court of ^^t^^fficLs.
the city of Boston the court officers appointed shall not ex-
ceed ten for criminal busines.s, one of w^hom shall be desig-
nated by the chief justice as chief court officer of said court
for criminal business and one as an assistant chief court
officer, nor five for civil business, one of whom shall be
designated by said chief justice as chief court officer of said
court for civil business; in the municipal court of the Rox-
bury 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
210 Acts, 1946. — Chaps. 265, 266.
be appointed; in the municipal court of the South Boston
district, of the Charlestown district and of the Dorchester
district, the East Boston district court, the district court of
Chelsea, the central district court of Worcester, the first
district court of Eastern Middlesex, the district court of
Springfield and the district court of East Norfolk two court
officers for each court may be appointed; and in each of the
other district courts in the commonwealth one court officer
may be appointed.
Section 2. This act shall take full effect upon its ac-
ceptance during the current year by the county commis-
sioners of Worcester county, but not otherwise.
Approved May 2, 1946.
Chap. 2&5 An Act eelative to the pensions of certain members
OF THE POLICE DEPARTMENT OF THE CITY OF BOSTON RE-
TIRED FOR DISABILITY.
Be it enacted, etc., as follows:
Section 1. Chapter three hundred and fifty-three of the
acts of eighteen hundred and ninety-two is hereby amended
by striking out section two, as most recently amended by
section one of chapter four hundred and forty-six of the acts
of nineteen hundred and fortj^-five, and inserting in place
thereof the following section : — Section 2. The amount of
the annual pension of members of the police department re-
tired under the provisions of this act who are certified to be
permanently incapacitated by injury sustained in the actual
performance of duty, or who are incapacitated for active
service and have served in said department for not less than
twenty-five years in the case of veterans of World War I
or World War II, or for not less than thirty years in the
case of those who are not such veterans, shall be two thirds
of the annual compensation allowed to men of the grade
in which such member served, and the amount of the an-
nual pension of other persons retired under the provisions
of this act shall be one half of the annual compensation
allowed to men of the grade in which such member served.
Said pensions shall be paid by the city of Boston.
Section 2. This act shall take effect upon its passage.
Approved May 2, 1946.
Chap.2QQ An Act relative to placing under the civil service
LAWS THE OFFICE OF THE CHIEF ENGINEER OF THE BOARD
OF FIRE ENGINEERS OF THE TOWN OF NORTH ANDOVER.
Be it enacted, etc., as follows:
Section 1, The reference to the office of chief of the fire
department of the town of North Andover in chapter four
hundred and twenty-five of the acts of nineteen hundred and
forty-five shall be held to refer to the office of chief engineer
Acts, 1946. — Chaps. 267, 268. 211
of the board of fire engineers of said town to the same extent
aa if said last mentioned office were specifically referred to
therein.
Section 2. This act shall take effect upon its passage.
Approved May 3, 1946.
An Act requiring county treasurers to employ neces- (jjid^ 267
SARY EMPLOYEES TO TRANSACT THE BUSINESS OF COUNTY ^'
RETIREMENT SYSTEMS.
Be it enacted, etc., as follows:
Section twenty of chapter thirty-two of the General Laws, g. l. (Ter.
as appearing in section one of chapter six hundred and fifty- j^lo,' eu
eight of the acts of nineteen hundred and forty-five, is hereby amended.'
amended by striking out paragraph (3) (d) and inserting in
place thereof the following paragraph : —
(d) Each such board by majority vote shall elect one of Board
its members to serve as chairman until the election of his sue- and dirks.
cessor and shall appoint a secretary who may be, but need
not be, one of its members. The county treasurer shall
employ such clerical and other assistants as may be required
to transact the business of such system.
Approved May 8, 1946.
An Act relative to the replacement of a board of fhnj) ofiS
HEALTH OF A CITY BY A HEALTH DEPARTMENT. ^'
Be it enacted, etc., as follows:
Section 1. Chapter one hundred and eleven of the Gen- g. l. (Xer.
eral Laws is hereby amended by striking out section twenty- Amended.' * ^^'
six, as appearing in the Tercentenary Edition, and inserting
in place thereof the following section: — Section 26. In each Local boards
city, except as hereinafter provided, the board of health shall °^ **^*'*^-
consist of three persons, one of whom shall be a physician.
No one of them shall be a member of the city council. One Members.
member shall be appointed in January of each year for three *pp°'°t="e'>t-
years from the first Monday of the following February.
Unless otherwise provided in the city charter, the members
shall be appointed by the mayor, subject to confirmation by
the board of aldermen, and may be removed by the mayor
for cause, and vacancies shall be filled by appointment for
the residue of the unexpired term. Members of the board
shall receive such compensation as the city council may de-
termine. Boards of health in towns shall be chosen as pro-
vided in chapter forty-one. This section shall not apply to
any city in which a different type of organization is author-
ized by special legislative act or by the acceptance of sections
twenty-six A to twenty-six E, inclusive.
Section 2. Said chapter one hundred and eleven is g. l. (Ter.
hereby further amended by inserting after section twenty-six, new'''§§^26A
aa appearing in the Tercentenary Edition, the five following *» 26E.
212
Acis, 1946. ~ Chap. 268.
Health
departmeut,
pstablishment
of, duties, etc.
Appointment,
c^ualifica-
Advisory
council of
health.
Members,
appoint-
ment, etc.
sections: — Section 26 A. A city, by accepting the provisions
of this section and sections twenty-six B to twenty-six E,
inclusive, by vote of the city council and approval of the
mayor, and a town, by accepting the provisions of said sec-
tions by vote of the town, may create a health department
to replace the board of health therein. Such health depart-
ment shall consist of a commissioner of health who shall
perform and exercise the duties and powers of a board of
health, with the advice of an advisory council of health.
Section 26B. In a city the mayor, with the approval of
the city council, unless otherwise provided in the city
charter, and in a town the board of selectmen, if authorized
by a vote of the town, shall appoint, and may remove for
cause, a commissioner of health who shall be a citizen of the
United States who has been graduated from a medical school
approved by the state authority for the approval of medical
schools, and either shall be the holder of a degree of public
health with at least two years' full-time experience in a re-
sponsible position in public health service, or shall have had
four years' full-time experience in a responsible position in
such service. He shall be eligible to be registered to practice
medicine under the laws of the commonwealth. Said com-
missioner shall devote his entire time to the performance of
his duties and the supervision of the employees of the depart-
ment. He shall be appointed in January for a period of five
years beginning the first Monday of the following February,
and until the qualification of his successor. Any vacancy in
office shall be filled for the balance of the unexpired term in
the same manner as the original appointment. His salary
shall be such as the city council or selectmen may determine.
Section 26C. The advisory council of health shall consist
of six persons, two of whom shall be registered physicians.
No one of them shall be a member of the city council. The
members of said council first appointed hereunder shall be
appointed as follows : — two members to serve for one year,
two members to serve for two years, and two members to
serve for three years, from the first Monday of the following
February, and until the qualification of their respective suc-
cessors, and thereafter two members shall be appointed in
January of each year for three years from the first Monday
of the following February, and until the qualification of their
respective successors. In a city, unless a different mode of
appointment or election is provided in the city charter, the
members shall be appointed by the mayor, subject to con-
firmation by the city council, and in a town the members
shall be appointed by the board of selectmen. Members may
be removed in the same manner, for cause, and vacancies
shall be filled in the same manner, by appointment for the
remainder of the unexpired term. Members of the advisory
council of health shall be compensated at ten dollars a day
while on duty plus expenses incurred in line of duty. Said
council shall meet quarterlj'- and additional meetings may be
held at any time at the call of the commissioner of health,
Acts, 1946. — Chaps. 269, 270. 213
who shall act as cbairmari of said council. The advisory
council of health shall advise and assist the commissioner of
health.
Section 26D. Upon the qualification of the commissioner ^^-^^"^ »*
of health fii*st appointed under section twenty-six B, the abolished
terms of the then existing members of the board of health of "onditio^ns*'"
the city or town shall terminate and said offices shall there-
upon be abolished.
Section £6E. Every such commissioner of health shall ^gufa"ion?.
make rules and regulations for the department of health, its
officers, agents and assistants. He may appoint such neces-
sary assistants and clerks as may be required to execute the
health laws and regulations of the department. They shall
devote their entire time to the performance of their duties
unless specifically employed on a part-time basis.
Approved May S, 1946.
An Act regulating the separation from the service Chap. 269
OF the commonwealth of certain war veterans
HOLDING unclassified OFFICES OR POSITIONS.
Be it enacted, etc., asfollou^s:
Chapter thirty of the General Laws is hereby amended by g. l. (Tcr.
inserting after section nine, as appearing in the Tercentenary f QA.idder
Edition, the following section: — Section 9 A. A veteran, as separation
defined in section twenty-one of chapter thirty-one, who °!ar\^et!>Tans
holds an office or position in the service of the commonwealth holding
not classified under said chapter thirty-one, other than an offi^es^or^''
elective office, an appointive office for a fixed term or an positions.
office or position under section seven of this chapter, and
has held such office or position for not less than ten years,
shall not be involuntarily separated from such service except
subject to and in accordance with the provisions of sections
forty-three and forty-five of said chapter thirty-one to the
same extent as if said office or position were classified under
said chapter. If the separation from service in the case of
such unclassified offices or positions results from lack of work
or lack of money, such a veteran shall not be separated from
his office or position while similar offices or positions in the
same group or grade, as defined in section forty-five of this
chapter, exist unless all such offices or positions are held by
such veterans, in which case separation from the service
shall occur in the inverse order of their respective original
appointments. Approved May S, 1946.
An Act authorizing the town of belchertown to borrow QJiq^y) 270
money for school purposes. ^'^
Be it enacted, etc., as follows:
Section 1. For the purposes of acquiring land for and
constructing a school building or for the purposes of re-
modeling any one of the present school buildings and building
an addition thereto, and of originally equipping and furnish-
214 Acts, 1946. — Chap. 271.
ing such building or addition, the town of Belchertown may
borrow from time to time, within a period of five years from
the passage of this act, such sums as may be necessary, not
exceeding, in the aggregate, one hundred thousand dollars,
and may issue bonds or notes therefor, which shall bear on
their face the words, Belchertown School Building Loan,
Act of 1946. Each authorized issue shall constitute a sepa-
rate 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, inclusive of the limitation contained in
the fii'st paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved May 7, 1946.
Chap. 271 An Act to provide further for meeting certain con-
tingencies ARISING IN CONNECTION WITH THE SERVICE OF
PUBLIC OFFICERS AND EMPLOYEES IN THE MILTIARY OR
NAVAL FORCES OF THE UNITED STATES.
Be it enacted, etc., as follows:
Section 1 . Section three D of chapter seven hundred and
eight of the acts of nineteen hundred and forty-one, as in-
serted by section two of chapter six hundred and ten of the
acts of nineteen hundred and forty-five, is hereby further
amended by striking out said section and inserting in place
thereof the three following sections: — Section SD. When-
ever any civil service employee is or was unable to compete
in a competitive promotional examination because of his
absence in said military or naval service, he shall, if he so
requests in writing not later than six months after September
first, nineteen hundred and forty-six or the date of termin-
ation of his said military or naval service in case it is ter-
minated after said September first, be given a qualifying
promotional examination. Upon the passing of such examin-
ation, he shall be entitled to the same period of eUgibility
which existed for the competitive promotional examination
in which he was unable to compete.
Section 3E. If there is an ehgible list in existence, the
name of any person passing an examination provided in sec-
tion three D shall be placed thereon in the order of percentage,
and if there is more than one eligible list he shall be placed
on the first list established unless prior to placement thereon
he notifies the director otherwise. Certifications made on or
before November thirtieth, nineteen hundred and forty-six,
or before the date of termination of World War II as declared
by the appropriate authority, whichever is the earlier, shall
be made from lists prepared as provided in this section and
in accordance with the civil service law and rules governing
certification.
Section SF. If there is an eligible hst in existence, the
name of any person passing an examination provided for in
Acts, 1946. — Chap. 271. 215
section three D shall be placed thereon in the order of per-
centage. If there is no eligible list in existence, his name
shall be placed on a special veteran promotional list, from
which names shall not be certified, but upon the establish-
ment of a subsequent ehgible list for the same position, his
name shall be placed thereon in the order of percentage. If
he takes and passes the examination from which the subse-
quent ehgible list was established, his name shall be placed
on the hst under both ratings, but in any one certification his
name shall be certified only from the higher rating. If upon
the expiration of any eligible list he has not had the period
of eligibility provided in section three D, his name shall be
placed on a special veteran promotional list, from which
names shall not be certified, but upon the establishment of
a subsequent eligible list for the same position, his name shall
be placed thereon in order of percentage for the remainder of
his period of eligibility. Certifications made on or after
December first, nineteen hundred and forty-six, or the date
of termination of World War II as declared by the appro-
priate authority, whichever is the earlier, shall be made from
lists prepared as provided in this section and in accordance
with the civil service law and rules governing certification.
Section 2. Section four of said chapter seven hundred
and eight, as amended by section three of said chapter six
hundred and ten, is hereby further amended by adding at
the end the following sentence : — Certifications made on
or before November thirtieth, nineteen hundred and forty-
six, or before the date of termination of World War II as
declared by the appropriate authority, whichever is the
earUer, shall be made from lists prepared as provided in this
section, and in accordance with the civil service law and rules
governing certification, — so as to read as follows : — Sec-
tion 4. Any person whose name is on any eligible list or
register of the division of civil service at the time of his com-
mencing said military or naval service and any person who
otherwise becomes entitled to have his name placed on an
eligible list or register on account of an examination or
registration and who notifies the division of civil service
that he is in said military or naval service shall be continued
on such list or register for the period of said service, or for
the full regular period of eligibility provided for by the civil
service law and rules, whichever is the longer, and shall,
upon his request in writing filed with the director of civil
service within two years after the termination of said service,
be continued on or restored to such hst or register for a
further period following such request equal to the remainder
of the term of his regular period of ehgibility thereon at the
time he commenced said mihtary or naval service, provided,
that at the time of such request he files with the director
of civil service the certificate of a registered physician that
he is not physically disabled or incapacitated for performing
the duties of the office or position. If more than one list
exists or will exist as the result of this section, certification
216 Acts, 1946. — Chap. 271.
shall be made from such list in order of date of establishment
of such hsts and in accordance with the civil service law and
rules governing certification and preference to veterans and
disabled veterans. Certifications made on or before Novem-
ber thirtieth, nineteen hundred and forty-six, or before the
date of termination of World War II as declared by the
appropriate authority, whichever is the earlier, shall be
made from lists prepared as provided in this section, and in
accordance with the civil service law and rules governing
certification.
Section 3. Said chapter seven hundred and eight is
hereby further amended by inserting after section four, as
amended, the two following sections: — Section 4-^. Any
person whose name is on any eligible list or register of the
division of civil service at the time of his commencing said
military or naval semce, and any person who otherwise
becomes entitled to have his name placed on an eligible list
or register on account of an examination or registration
other than an examination provided in section three D, and
who notifies the division of civil service that he is in said
mihtary or naval service, shall be continued on the eligible
list or register for the period of eligibility of the list, and
shall, if he so requests in writing not later than six months
■ after September first, nineteen hundred and forty-six or the
date of termination of his said military or naval service in
case it is terminated after said September first and if he
has not made a request under section four, be continued on
or restored to eligibility for a further period following such
request equal to the period of eHgibility remaining at the
time he commenced said military or naval service; provided,
that at the time of such request he files with the director of
civil service the certificate of a registered physician that he
is not physically disabled or incapacitated for performing
the duties of the office or position. If there is an eligible
list in existence, the name of such person shall be placed
thereon in the order of percentage and in accordance with
the laws relating to veterans and disabled veterans. If
there is no eligible list in existence, his name shall be placed
on a special veteran list, from which names shall not be
certified, but upon the establishment of a subsequent eligible
list for the same position, his name shall be placed thereon
in the order of percentage and in accordance with the laws
relating to preference to veterans and disabled veterans.
If he takes and passes the examination from which the sub-
sequent eligible list was established, his name shall be placed
on the list under both ratings, but in any one certification
his name shall be certified only from the higher rating. If
upon the expiration of any eligible list he has not had the
period of eligibihty provided in this section, his name shall
be placed on a special veteran list, from which names shall
not be certified, but upon the establishment of a subsequent
eligible list for the same position his name shall be placed
thereon in order of percentage and in accordance with the
Acts, 1946. — Chap. 271. 217
laws relating to preference to veterans and disabled vet-
erans for the remainder of his period of eligibility. Certifica-
tions made on or after December first, nineteen hundred
and forty-six, or the date of termination of World War II
as declared by the appropriate authority, whichever is the
earlier, shall be made from lists as provided in this section,
and in accordance with the civil service law and rules govern-
ing certification.
Section ^B. Whenever any period is set forth in sections
one to four A, inclusive, the director of civil service, with the
approval of the civil service commission, upon request made
upon him in writing prior to the expiration of the period
specified in said sections in cases where hospitalization or
training is given under the Veterans' Administration, may
authorize an extension in said period for the further period
required by such hospitalization or training, if, in his opinion,
the rights of such person would otherwise be prejudiced.
The director may require such certificates as are necessary
to determine the facts in the case.
Section 4. Said chapter seven hundred and eight is
hereby amended by striking out section twenty-five, as
amended, and inserting in place thereof the following sec-
tion : — Section 25. Service in the military or naval forces
of the United States referred to in this act shall, except as
otherwise provided thereby, mean such sei"vice occurring
between July first, nineteen hundred and forty, and the
date of termination of World War II as declared by the
appropriate authority.
Section 5. Section t'^elve of chapter thirty-one of the g. l. (Ter.
General Laws, as most recently amended by section one of f^2,'etc..
chapter seven hundred and four of the acts of nineteen amended".'
hundred and forty-five, is hereby further amended by add-
ing at the end the two following sentences : — On and after
December first, nineteen hundred and forty-six, the director
shall combine into one list all eligible lists for the same
position in the order of ratings established in examinations,
and in accordance with the law^s relating to preference to
veterans and disabled veterans. If any name appears more
than once on the combined eligible list it shall be certified
in any one certification only from the higher rating, — so
as to read as follows: — Section 12. Each list of persons List of
eligible to any position shall be prepared or revised as soon ei'K'biea.
as may be after their respective ratings or standings have
been determined by the director by examination or other-
wise in accordance with the rules of the commission, but, in
case of the determination thereof by a written examination,
not later than six months after the date of such examination.
The director shall not place on any such list any person
not a citizen of the United States. All lists established as
aforesaid shall be open to public inspection. All persons
who have taken an examination shall be notified of the results
thereof not later than sixty days after the date of such
examination. On and after December first, nineteen hun-
218 Acts, 1946. — Chaps. 272, 273.
dred and forty-six, the director shall combine into one list
all eligible lists for the same position in the order of ratings
established in examinations, and in accordance with the
laws relating to preference to veterans and disabled veterans.
If any name appears more than once on the combined eligible
list it shall be certified in any one certification only from the
higher rating. Approved May 7, 1946.
Chap. 272 An Act relative to the registration of certain
VETERANS OF WORLD WAR II AS PHARMACISTS.
Be it enacted, etc., as follows:
Section 1. The provisions of section twenty-four of
chapter one hundred and twelve of the General Laws, as
most recently amended by section one of chapter five hun-
dred and two of the acts of nineteen hundred and forty-five,
which provide that an apphcant for registration as a pharma-
cist shall be a graduate of a school or college of pharmacy
approved by the board of registration in pharmacy and the
commissioner of education, upon such provisions becoming
effective, shall not apply to a person who shall have served
in the armed forces of the United States during World
War II and shall have received a discharge or release, other
than a dishonorable one, from such service; provided, that
he is a graduate of a school or college of pharmacy approved
by said board and the United States Veterans Administration.
?f^opemUo°n' Section 2. This act shall cease to be operative on Janu-
ary first, nineteen hundred and fiftj^-three.
Approved May 7, 1946.
Chap. 273 An Act relative to the filing of evidence of mar-
riages in another state or without the united
states.
prTfmbiT^ ^Vhereas, The deferred operation of this act would tend
to defeat its purpose, which is to make possible the immedi-
ate fifing of certain certificates of marriage, 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:
EdV'207'^136 Section 1. Chapter two hundred and seven of the Gen-
ameAded." ' ' cral Laws is hereby amended by striking out section thirty-
Certificate of six and inserting in place thereof the following : — Section 36.
^uYside^com- Any resident of this commonwealth who marries outside the
raonweaith commoDwealth and thereafter resides within the United
States or any of its territories or possessions, or the spouse
or heirs-at-law of such a person, may personally present
to the town clerk or registrar of the town where such per-
son was domiciled at the time of said marriage an original
certificate, declaration or other written evidence of the same,
or a photostatic copy thereof. The clerk or registrar may
file such certificate, declaration, written evidence or photo-
to be filed.
Acts, 1946. — Chap. 274. 219
static copy as evidence establishing such marriage, or may-
make a copy thereof, which he shall attest as a true copy,
and which he may then file as such evidence.
If such certificate, declaration, written evidence, photo-
static copy or attested copy is not, in the opinion of the
clerk or registrar, sufficient to establish such marriage, and
he refuses to file the same, a judge of probate in the county
wherein such town lies may, on petition and after a hearing,
order him to receive such certificate, declaration, written
evidence, photostatic copy or attested copy as sufficient
evidence to establish such marriage, whereupon such clerk
or registrar shall file the same.
Section 2. Section fifty-five of said chapter two hundred EJ^JJy''-
and seven is hereby repealed. Approved May 8, 1946. § 55.' repealed.
An Act requiring the release of certain persons nh^jy 074
ARRESTED FOR DRUNKENNESS. ^'
Be it enacted, etc., as follows:
Section forty-five of chapter two hundred and seventy- q ^ (^er.
two of the General Laws, as appearing in the Tercentenary Ed.) 272, § 45,
Edition, is hereby amended by striking out, in the eleventh, ^^'^^
thirty-fourth and thirty-sixth lines, the word "may" and
inserting in place thereof, in each instance, the word: —
shall, — so as to read as follows : — Section 1^5. Whoever persons
arrests a person for drunkenness shall make a complaint ^unklnneL
against him therefor at the next session of the court or of {^^^g^^^'''''
the trial justice having jurisdiction of the case; and such cwttin cases.
court or trial justice may proceed to hear and to dispose of
the same according to due course of law ; and may, if the ac-
cused has been released under this section, order the issuance
of a warrant for the arrest, or a summons for the appear-
ance, of the accused for trial, or if the court is satisfied by
the report of its probation officer, or otherwise, or if the
trial justice is satisfied upon inquiry that the accused has
not four times before been arrested for drunkenness within a
year, and that his written statement hereinafter mentioned
is true, the court or trial justice shall thereupon direct that
the accused, if stiU in custody, be released without arraign-
ment; and if not in custody, that further proceedings in the
case be suspended or that the complaint be dismissed.
A person so arrested may, after he has recovered from his Persons so
intoxication, make a written statement, addressed to the ^^^y^^^ """^
court or trial justice having jurisdiction of his offence, giving statement
his name and address, setting forth what persons, if any, requMtll *"'^
are dependent upon him for support, his place of employ- Ifom^cus-'^
ment, if any, and whether he has been arrested for drunken- tody, etc.
ness within the twelve months next preceding, and requesting
to be released from custody; and may deliver said state-
ment to the officer in charge of the place in which he is
confined, who shall endorse thereon the name of the arrest-
ing officer, and if the arrest is made within the jurisdiction
220 Acts, 1946. -- Chap. 275.
of a trial justice, his opinion of the probable truth of said
statement for the use of such trial justice, and shall transmit
the same to such trial justice; and if the arrest is made
within the jurisdiction of a court having a probation officer,
the officer in charge of the place in which he is confined shall
transmit such statement to said probation officer. Said
probation officer, or his assistants, shall forthwith inquire
into the truth thereof and shall investigate the record of
said person as to previous similar offences, and, for the use
of the court having jurisdiction of the case, shall endorse
on such statement, with his signature, the result of his
investigation. The officer for the time being in charge of the
place of custody in a town where no probation officer resides
forthwith shall release, and elsewhere the probation officer
or assistant probation officer of the court having jurisdiction
of the offence shall direct the officer in charge of the place
of custody forthwith to release, and such officer so in charge
shall thereupon release, such arrested person pursuant to his
request; provided, that the officer so releasing or directing
the release believes that the person arrested has given his
true name and address, that he will appear upon a summons,
and that he has not four times before been arrested for
drunkenness within the preceding twelve months.
Approved May 8, 1946.
Chap. 27 6 ^^^ ^^^ relative to the further sentencing op cer-
tain CONVICTS UNDER SENTENCE OF IMPRISONMENT IN
THE MASSACHUSETTS REFORMATORY.
Be it enacted, etc, as follows:
Edj' 27r§ 28 Section twenty-eight of chapter two hundred and seventy-
amended.' ' nine of the General Laws, as appearing in the Tercentenary
Edition, is herebj'- amended by adding at the end the fol-
lowing sentence : — No sentence of imprisonment shall be
imposed under this section in the Massachusetts reforma-
tory, notwithstanding the provisions of section thirty-one,
Sentence to — SO as to read as follows : — Section 28. If a convict serv-
mty be"^"" Ing a scntencc of imprisonment in the Massachusetts reform-
fmmedlftei • ^^ory is convictcd of a crime punishable by imprisonment in
incertatn** the statc prison or house of correction, the court may im-
pose sentence of imprisonment therein and may order it to
take effect forthwitli, notwithstanding the former sentence.
The convict shall thereupon be removed accordingly, and
shall be discharged at the expiration of his sentence thereto.
No sentence of imprisonment shall be imposed under this
section in the Massachusetts reformatory, notwithstanding
the provisions of section thirty-one.
Approved May 8, 1946.
cases.
Acts, 1946. — Chaps. 276, 277, 278. 221
An Act relative to the further sentencing of con- Chap. 276
VICTS UNDER SENTENCE OF IMPRISONMENT IN THE STATE
PRISON.
Be it enacted, etc., as follows:
Chapter two hundred and seventy-nine of the General G.L(Ter
Laws is hereby amended by striking out section twenty-six, amended.'
as appearing in the Tercentenary Edition, and inserting in
place thereof the following section: ~ Section 26. A con- Further sen-
vict under sentence of imprisonment in the state prison may ^'^^^. °f.
be further sentenced for a maximum term not longer than sraTe^pris^n.
the longest term fixed by law for the punishment of the
crime for which he has been convicted, and a minimum term
not less than one year. Approved May 8, 1946.
An Act providing that the use of the telephone for rhni) 277
CERTAIN PURPOSES AT PLACES OF DETENTION BY PERSONS ^'
HELD IN CUSTODY THEREAT BE PERMITTED ONLY AT THEIR
OWN EXPENSE.
Be it enacted, etc., as follows:
Section thirty-three A of chapter two hundred and seventy- q l (Ter
six of the General Laws, inserted by chapter two hundred f^g^^^^f-
and five of the acts of nineteen hundred and forty-five, is amended.'''
hereby amended by inserting after the word "telephone"
in the fourth line the words: — , at the expense of the ar-
rested person, — so as to read as follows: — Section S3 A. Certain per-
The police official in charge of the station or other place of ^stody toV
detention having a telephone wherein a person is held in Cle'^iiephone
custody, not charged with a felony, shall permit the use of t° arrange
the telephone, at the expense of the arrested person, for the ^°' ^*'''
purpose of allowing the arrested person to communicate
with his family or friends, or to arrange for release on bail,
or to engage the services of an attorney.
Approved May 8, 1946.
An Act relative to contributions by domestic cor- p/.^^ 070
PORATIONS TO CERTAIN FUNDS FOR THE BETTERMENT OF ^"^V-^'^
SOCIAL AND ECONOMIC CONDITIONS.
Be it enacted, etc., as follows:
Section twelve A of chapter one hundred and fifty-five of g- l- (Ter.
the General Laws, inserted by section one of chapter one M2A!etc..
hundred and sixty-four of the acts of nineteen hundred and «™e"ded.
thirty-eight, is hereby amended by striking out, in the fifth
line, the word "general", — so as to read as follows: — Sec- contribution*
tion 12 A. Every corporation may, by vote of its directors, ^e'lfare'^pur-
or of its officers having the powers of directors, contribute poses, etc.
such sum or sums of money as said directors or oflicers may
determine to be reasonable to any fund being raised by a
reUef committee or agency approved by the commissioner of
public welfare, as evidenced by a writing filed in his oflfice,
222 Acts, 1946. -— Chaps. 279, 280.
and formed for the purpose of raising money to be used for
the betterment of social and economic conditions in any com-
munity in which such corporation is doing business. Noth-
ing in this section shall be construed as directly or indirectly
restricting or otherwise affecting, except as herein provided,
the rights and powers of any corporation with reference to
pajTnents of the nature above specified.
Approved May 8, 1946.
Chap. 279 An Act authorizing the town of Southampton to
BORROW MONEY FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. For the purposes of acquiring land for and
constructing a school building and of originally equipping
and furnishing such building, the town of Southampton may
borrow from time to time, within a period of five years from
the passage of this act, such sums as may be necessary, not
exceeding, in the aggregate, one hundred thousand dollars,
and may issue bonds or notes therefor, which shall bear on
their face the words, Southampton School Building Loan,
Act of 1946. Each authorized issue shall constitute a sepa-
rate 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, inclusive of the limitation contained in
the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved May 10, 1946.
Chap. 280 An Act changing the personnel of the board of appeal
in the city of malden.
Be it enacted, etc., as follows:
Section 1. Chapter two hundred and twenty of the
acts of nineteen hundred and twenty is hereby amended by
striking out section one, as amended by section one of
chapter three hundred and sixty-one of the acts of nineteen
hundred and forty-one, and inserting in place thereof the
following section : — Section 1 . There shall be established
in the city of Maiden a board to be known as the board of
appeal, two members of which shall be the chairman of the
assessors of taxes and the fire chief or a deputy fire chief, as
designated by the fire commissioner, ex ofiiciis, and three
shall be appointed by the mayor subject to confirmation by
the board of aldermen.
One of the members appointed by the mayor shall be a
practical builder or architect and one shall be a lawyer. The
term of office of the members so appointed shall be three
years. The mayor may remove any member by him ap-
pointed, with the consent of the board of aldermen, and may
Acts, 1946. — Chap. 281. 228
fill all vacancies. The members appointed by the mayor
shall each receive as compensation for his services the sum
of ten dollars a day for each day of actual service ; provided,
that no member shall receive more than two hundred dollars
in any one year.
The members of said board shall be residents of the city of
Maiden. No member shall act in any case in which he is
interested, and in case any member is so disqualified or is
absent from illness or other cause the remaining members
shall designate a substitute. Every decision of the board
shall be in writing and shall require the assent of at least
three members. A chairman of the board shall be chosen by
and from the members thereof.
Section 2. Any provision of section one of chapter two
hundred and twenty of the acts of nineteen hundred and
twenty, as most recently amended by section one of this act,
to the contrary notwithstanding the initial appointment of
the additional appointive member of the board of appeal in
the city of Maiden authorized by section one of this act shall
be for a term expiring on the first day of March, nineteen
hundred and forty-eight.
Section 3. This act shall take effect upon its passage.
Approved May 10, 1946.
An Act providing for extensions of the boundaries of (J hap. 281
THE LYNNFIELD WATER DISTRICT. ^'
Be it enacted, etc., as follows:
Section 1. Chapter four hundred and forty-five of the
acts of nineteen hundred and twenty-four is hereby amended
by adding after section twelve the following section: —
Section 12 A. Upon a petition in writing addressed to said
commissioners requesting that certain real estate, accurately
described therein, located in said town and abutting on said
district and not otherwise served by a public water supply
be included within the limits thereof, and signed by the
owners of such real estate, or a major portion of such real
estate, said 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 afl&rmative the district clerk shall within
thirty 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 2. This act shall take effect upon its passage.
Approved May 10, 1946.
224 Acts, 1946. — Chaps. 282, 283, 284.
Chap. 2S2 An Act repealing certain provisions of the laws
RELATING TO THE CONTROL OF CERTAIN INFLAMMABLE
FLUIDS USED FOR ILLUMINATING, HEATING AND COOKING
PURPOSES.
pr^^ie!^ Whereas, The deferred operation of this act would tend
to defeat its purpose, which is to immediately make certain
urgently needed changes in the laws relating to safety in
buildings and structures, therefore it is hereby declared to
be an emergency law, necessary for the immediate preserva-
tion of the public safety and convenience.
Be it enacted, etc., as follows:
Ed.),' HsT' Sections forty-eight, forty-nine and forty-nine A of chapter
lid 49a! ^°^ hundred and forty-eight of the General Laws are hereby
repealed! repealed. Approved May 10, 1946.
Chap. 2SS An Act authorizing the release by the commonwealth
OF CERTAIN EASEMENTS IN CERTAIN LAND IN THE TOWN OF
FRAMINGHAM, and AUTHORIZING SAID TOWN TO CONNECT
A WATER MAIN THEREOF WITH A WATER MAIN OF THE WATER
SUPPLY SYSTEM OF THE REFORMATORY FOR WOMEN,
Be it enacted, etc., as follows:
Section 1. The commissioner of correction, with the
approval of the governor and council, upon such terms, con-
ditions and considerations as said commissioner, with like
approval, may determine, is hereby authorized to release in
whole or in part, on behalf of the commonwealth, by instru-
ment or instruments approved b}'' the attorney general, any
easement for the maintenance of a pipe line from Lake
Waushakum to the reformatory for women in the town of
Framingham.
Section 2. Said town of Framingham is hereby au-
thorized to connect a water main of said town with a water
main owned by the commonwealth and used in connection
with the water supply system of said reformatory for women.
Section 3. All connections with the water mains of the
commonwealth shall be subject to the approval of its de-
partment of public health.
Section 4. This act shall take effect upon its passage.
Approved May 10, 1946.
C hap. 2S4: An Act permitting banks to close on Saturdays dur-
ing the MONTHS OF JUNE, JULY, AUGUST AND SEPTEMBER
AND PERMITTING ACTS AUTHORIZED, REQUIRED OR PER-
MITTED TO BE PERFORMED ON SUCH SATURDAYS, TO BE
PERFORMED ON THE NEXT SUCCEEDING BUSINESS DAY.
prT^mbiT^ Whereas, Pursuant to permissive legislation enacted in
New York State in February, nineteen hundred and fortj^-
six, the Federal Reserve Bank of New York and many
other banks in that state have taken appropriate action to
Acts, 1946. — Chap. 285. 225
remain closed on Saturdays in June, July, August and Sep-
tember of the current year; and
Whereas, The closing of such banks on these Saturdays
will affect the procedures and practices of many banks in
the commonwealth of Massachusetts; and
Whereas, It is for the best interest of the public and the
employees of banks in the commonwealth that those banks
desiring to do so be permitted to conform to the action of
said New York banks; and
Whereas, The deferred operation of this act would in part
tend to defeat its purpose, which is to make it possible for
banking institutions within the commonwealth to remain
closed on Saturdays in the months of June, July, August and
September of each year including the current year without
thereby unduly interfering with business procedures in re-
lation to such banking institutions or affecting any liabilities
or rights thereby;
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 one hundred and sixty-seven of the General S^l'•}^'^'■■
Laws is hereby amended by inserting after section fifty-one, new '« 52,'
added by section one of chapter sixty-six of the acts of nine- ^'^^®^-
teen hundred and forty-five, the following section: — Sec- Term "bank-
Hon 52. Any bank, which term for the purposes of this 'lefined.
section shall include not only any bank as defined in section
one but also any national banking association, federal reserve
bank, federal home loan bank, federal savings and loan asso-
ciation or federal credit union doing business in the com-
monwealth, may remain closed on any or all Saturdays in certain banks
the months of June, July, August and September as it may sa'turdays *""
determine from time to time, and any Saturday on which a ij}^^^^'"^^'"
bank remains closed shall be, with respect to such bank, a
holiday and not a business day, as such words are used in
chapter one hundred and seven. Any act authorized, re- Acts author-
quired or permitted to be performed at or by or with respect >^zed, etc.,^^
to any bank, as herein defined, on a Saturday in June, July, "omed^cfn'^'
August or September, may be so performed on the next sue- Cusfneefday!"^
ceeding business da,y, and no liability or loss of rights of any
kind shall result from such delay.
A-p-proved May 10, 1946.
An Act relative to multiple line underwriting, so CJia7},2S5
CALLED, BY CERTAIN DOMESTIC AND FOREIGN STOCK AND ^'
MUTUAL INSURANCE COMPANIES.
Be it enacted, etc., as follows:
Chapter one hundred and seventy-five of the General %-^\-[J^^-
Laws is hereby amended by striking out section fifty-four B, § 54B. etc..
inserted by section two of chapter three hundred and eighty- *'"«"'*«'*•
226 Acts, 1946. — Chap. 286.
four of the acts of nineteen hundred and forty-five, and in-
Authority serting in place thereof the following section: — Section 64B.
and^J^ltf^ Any company authorized to transact the kinds of business
certain policies, specified iu any one of the first, second, fourth, sixth or
twelfth clauses of section forty-seven may, except with re-
spect to policies of life and endowment insurance and con-
tracts for the payment of annuities and pure endowments,
reinsure risks of every kind or description and may write
any and all kinds of insurance other than the policies and
Surplus to be coutracts hereinbefore excluded; provided, that it main-
maintained. ^^^^^ ^ surplus to poHcyholders, including any guaranty capi-
tal, of not less than one million dollars.
Approved May 10, 1946.
Chap. 286 An Act authorizing the town of brookline to make
CERTAIN appropriations TO AID IN RELIEVING THE FOOD
SHORTAGE.
Be it enacted, etc., as follows:
Section 1. The town of Brookline is hereby authorized
to raise, appropriate and expend money, and to take such
other action as it may deem suitable or necessary, for the
purpose of relieving the food shortage by assisting citizens of
said town in the raising and distribution of food products.
If an owner of land in said town permits his property to be
used, without compensation to him, by citizens thereof for
the raising of food products, said town may use such amount
of any appropriation made under authority of this act as
may be necessary to reseed the land and restore it as nearly
as may be to its condition immediately prior to such use. If
said town, acting under authority hereby granted, shall
plough or harrow or furnish other aid in the cultivation of
private land situated therein, upon application of the owner
of such land and for his benefit, such work shall be performed
at the expense of such owner and bills shall be rendered to
him therefor, and, if not paid on or before the first day of
April following the completion of such work, the amount so
due and unpaid may be assessed on the land upon which the
work was done, and shall be a lien on the said land enforceable
in the same manner and with the same effect as is provided
in the case of liens for assessments for the suppression of the
gypsy and brown tail moth.
Section 2. This act shall take effect upon its passage
and shall become inoperative on November first, nineteen
hundred and forty-seven. Approved May 10, 1946.
Acts, 1946. — Chaps. 287, 288. 227
An Act to exempt trusts created by an employer in (Jjidj) 287
CONNECTION WITH OR AS PART OF A STOCK BONUS, PENSION,
DISABILITY, DEATH BENEFIT OR PROFIT SHARING PLAN
FROM THE OPERATION OF ANY RULE OF LAW AGAINST PER-
PETUITIES OR SUSPENSION OF THE POWER OF ALIENATION
OF TITLE TO PROPERTY AND LIMITING THE PERIOD IN WHICH
ANY SUCH TRUST HERETOFORE CREATED MAY BE TERMINATED
BECAUSE OF ANY SUCH RULE OF LAW.
Be it enacted, etc., as follows:
Section 1. Chapter two hundred and three of the Gen- q. l. (Ter.
eral Laws is hereby amended by inserting after section three ^e^^^'j^gl'
the following section: — Section SA. A trust created by an added.
employer as part of a stock bonus, pension, disability, death certain trusts
benefit or profit sharing plan for the benefit of some or all of ^^ em'^io^er
his employees, to which contributions are made by the em- exempt from
ployer or employees, or both, for the purpose of distributing aS^ruiro?^
to the employees the earnings or the principal, or both earn- i^w ag^n^*
ings and principal, of the fund held in trust, may continue ^""^
in perpetuity or for such time as may be necessary to accom-
plish the purpose for which it is created, and shah not be in-
valid as violating any rule of law against perpetuities or sus-
pension of the power of alienation of the title to property.
Section 2. No rule of law against perpetuities or sus-
pension of the power of alienation of the title to property
shall operate to invalidate any trust created or attempted to
be created prior to the effective date of this act by an em-
ployer as a part of a stock bonus, pension, disability, death
benefit or profit sharing plan for the benefit of some or all of
his employees to which contributions are made by the em-
ployer or employees, or both, for the purpose of distributing
to the employees earnings or principal, or both earnings and
principal, of the fund held in trust, unless the trust is termi-
nated by a court of competent jurisdiction in a suit instituted
within three years after said effective date.
Section 3. This act shall take effect upon September Effective
first of the current year. Approved May 10, 1946. ^^^^'
An Act relative to the right of civil service employees ni^fj^ 288
to petition the general court and to appear beforb V- oo
committees thereof.
Be it enacted, etc., as follows:
Chapter thirty-one of the General Laws is hereby amended EdV'a?^^'"
by inserting after section forty-six I, inserted by section new '§ 46J,
eight of chapter seven hundred and three of the acts of nine- ^^'^®'^'
teen hundred and forty-five, the following section : — Section Right to
46J. The right of persons employed under civil service by genera"
the commonwealth or by any political subdivision thereof, ''"'''*•
either individually or collectively, to petition the general
court or any member thereof, to furnish information to
228 Acts, 1946. — Chaps. 289, 290.
either branch of the general court or to appear before any
committee thereof shall not be denied or interfered with.
This section shall not authorize an emploj^ee not on leave to
absent himself during regular working hours from his office or
employment without permission.
Approved May 10, 1946.
Chap. 289 An Act authorizing the city of Gloucester to construct
A certain bridge in said city.
Be it enacted, etc., as follows:
Section 1. The city of Gloucester is hereby authorized
to construct a bridge without a draw over Lobster cove, so
called, in said city, to replace the existing bridge and to con-
stitute a portion of a public way in said city known as Bridge-
water street, and the department of public works may license
and prescribe the terms for the construction of said bridge,
notwithstanding any provision of law to the contrary in
section fourteen of chapter ninety-one of the General Laws, or
elsewhere.
Section 2. For the purpose of meeting the cost of the
construction of the bridge referred to in section one said
city of Gloucester may borrow from time to time such sums
as may be necessary, not exceeding, in the aggregate, fifty
thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words, Gloucester Bridge-
water Street Reconstruction Loan, Act of 1946. Each
authorized issue shall constitute a separate loan, and such
loans shall be paid in not more than five years from their
date. Indebtedness incurred under this act shall be within
the statutory limit, but shall, except as provided herein, be
subject to chapter forty-four of the General Laws, including
the limitation contained in the first paragraph of section
seven thereof. The proceeds of loans issued hereunder shall
be expended by the city solely for the purpose stated in
section one.
Section 3. This act shall take full effect upon its accept-
ance by a vote of the city council of the city of Gloucester,
subject to the provisions of its charter, but not otherwise.
Approved May 10, 1946.
Chap. 290 An Act validating certain payments by the county
treasurer of ESSEX COUNTY.
Be it enacted, etc., as follows:
The action of the county treasurer of the county of Essex
in making certain payments to Harold B. Williams for cer-
tain services rendered by said Williams as deputy sheriff
acting as court officer between January fifteenth, nineteen
hundred and forty-five, and February eighth, nineteen hun-
dred and forty-six, notwithstanding that he was legally
ineligible to receive such compensation, is hereby validated.
Approved May 10, I946.
Acts, 1946. — Chaps. 291, 292. 229
An Act authorizing the placing of the office of town Chap.291
ACCOUNTANT OF THE TOWN OF HAMILTON UNDER THE ^'
CIVIL SERVICE LAWS.
Be it enacted, etc., as follows:
The office of town accountant of the town of Hamilton
shall, upon the effective date of this act, become subject to
the civil service laws and rules relating to tow^n accountants
in towns, and the tenure of office of any incumbent thereof
shall be unlimited, subject, however, to said laws. This
act shall be submitted to the registered voters of the town of
Hamilton at the next regular municipal election in sub-
stantially the following form:
Question 1,
Part 1. — Shall the town vote that the office of town accountant be
placed Tsithin the classified civil service? Yes No
Part 2. — If it is voted to place the office of town accountant witliin
the classified civil service, shall the town vote to provide for the con-
tinuance in said office of (name of incumbent), the present incumbent
thereof, after passing a quaUfjing examination? Yes No
If a majority of the voters voting thereon vote in the
affirmative in answer to Part One, the office of town ac-
countant shall be placed within the classified civil service,
and the tenure of ofiice of any incumbent thereof shall be
unlimited, subject, however, to the provisions of the civil
service laws and rules relating to town accountants in towns.
If Part Two is so answered in the affirmative the incumbent
of the office shall be subjected by the division of civil service
to a qualif>'ing examination for such office 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. If such
incumbent does not pass such qualifying examination, or
if a majority of the voters voting on said Part Two does not
vote thereon in the afiirmative, such incumbent may continue
to serve in said office for the remainder of the term, if any,
for which he was appointed, but shall not be subject to chap-
ter thirty-one of the General Laws.
Approved May 10, 1946.
An Act authorizing the city of springfield to pay an
annuity to mary e. coffey, widow of james leo coffey.
Be it enacted, etc., as follows:
For the purpose of promoting the public good, the city of
Springfield may pay an annuity of one thousand dollars per
annum, payable in monthly installments, to Mary E. Coffey,
widow of James Leo Coffey, former district chief of the fire
department of said city, who died in the service of said city
after completing thirty-six years of service in said fire
department. Approved May 10, 1946.
Chap.292
230 Acts, 1946. — Chaps. 293, 294.
Chap.29S An Act making certain graduates of Middlesex uni-
versity SCHOOL OF medicine ELIGIBLE TO BE EXAMINED
FOR REGISTRATION AS QUALIFIED PHYSICIANS.
Jreambre^^ ^hereas, The deferred operation of this act would tend to
defeat its purpose, which is to make available forthwith to
certain residents of the commonwealth the opportunity to
apply for registration as qualified physicians, therefore it is
hereby declared to be an emergency law, necessary for the
immediate preservation of the public convenience.
Be it enacted, etc., as follows:
Notwithstanding any contrary provision of section two
of chapter one hundred and twelve of the General Laws, as
amended, or of chapter two hundred and forty-seven of the
acts of nineteen hundred and thirty-six, as amended, all
persons who were residents of this commonwealth at the
time of their matriculation at the Middlesex University
school of medicine, and who received the degree of doctor
of medicine therefrom prior to January first, nineteen hun-
dred and forty-six, and all persons not residents of this
commonwealth who received the degree of doctor of medicine
from Middlesex University school of medicine prior to
January first, nineteen hundred and forty-six and who shall
have interned in a charitable or municipal hospital within
the commonwealth said interneship having commenced
prior to said January first, nineteen hundred and forty-six
shall be eligible to be applicants for registration as qualified
physicians, shall be examined for such registration by the
board of registration in medicine, and shall be subject to and
have the benefit of all pertinent provisions of law relative
to such eligibihty and examination, to the same extent as if
they had matriculated at said school of medicine prior to
January first, nineteen hundred and forty-one.
Approved May 13, 1946.
Chap. 294: An Act authorizing the city of boston to lease space
FOR AN UNDERGROUND GARAGE FOR THE PARKING OF MO-
TOR vehicles under boston COMMON, CHARLES STREET
AND THE PUBLIC GARDEN, OR ANY OF SAID PLACES, IN
SAID CITY, INCLUDING A TUNNEL FROM COMMONWEALTH
AVENUE AT ARLINGTON STREET CONNECTED THEREWITH
AND AN UNDERGROUND PASSAGEWAY FROM SAID GARAGE
TO TREMONT STREET.
Be it enacted, etc., as follows:
Section 1. It is hereby declared that the free circulation
of traffic of all kinds through the streets of the city of Boston
is necessary to the health, safety, and general welfare of the
public, whether residing in said city or traveling to, through
or from said city in the course of lawful pursuits; that in
recent years the greatly increased use by the public of motor
vehicles of all kinds has caused serious traffic congestion in
Acts, 1946. — Chap. 294. 231
the streets of the city of Boston; that parking of motor
vehicles in the streets of the city of Boston has contributed
to this congestion to such an extent as to constitute at the
present time a pubhc nuisance; that such parking prevents
the free circulation of traffic in, through, and from said
city, impedes the rapid and effective fighting of fires and
disposition of police forces in said city, threatens irreparable
loss in valuations of city property which can no longer be
readily reached by vehicular traffic, and endangers the health,
safety, and welfare of the general public; that this parking
nuisance is not capable of being adequately abated except by
construction and maintenance of a garage under Boston
Common, and that the enactment of section two of this act
is hereby declared to be a public necessity.
Section 2. Any general or special law to the contrary
notwithstanding, the city of Boston, acting through its park
department with the approval of the mayor, is hereby au-
thorized to enter into a contract with a private corporation
for the construction and operation, at the expense of the
corporation and without cost to the city, of a garage for
motor vehicles under Boston Common in said citv within
the following boundaries: Bounded westerly by the" easterly
line of Charles street; northerly by the southerly line of
Beacon street; easterly by the Soldiers and Sailors monu-
ment and the westerly perimeter of the Parkman bandstand;
southerly by the Central Burying Ground; together with
all necessary and convenient approaches above and below
ground; provided, that on the Charles and Beacon street
frontages combined there shall be an average setback of not
less than ninety feet, except at the points of ingress and
egress and except that the lessee and contractors employed
by the lessee may be permitted to cross and recross said
setback during the period of construction at such other points
as may be approved by the park department; and of an un-
derground passageway from said garage with entrance and
exit at or near the corner of West and Tremont streets for
the convenience of persons employed in or using said garage;
and to grant a lease for such purposes to such corporation
for a term of not exceeding forty years, subject, however, to
the following terms and conditions :
(1) The construction contract and the plans and specifi-
cations of the project in detail shall be attached to and
made part of the lease.
(2) The carrying out of the construction contract shall
be guaranteed by a surety bond in the full amount of the
contract, executed by a surety company authorized to do
Dusmess m the conimonwealth having a capital and surplus
of not less than five million dollars.
(3) The lessee shall pay for the use of the rented premises
a rental equivalent to not less than two per cent of its gross
receipts.
(4) The contract shall require completion within not more
than three years from its date, and the lease may be subject
232 Acts, 1946. — Chap. 295.
to termination in case of breach of this or any other terms
and conditions of the contract or the lease.
(5) The contract shall require that the work of construc-
tion be so carried on that the gardens, lawns, trees and
shrubs in the area will, after construction, remain in, or be
restored to, substantially the same condition as prior to con-
struction, except at the points of ingress and egress, and that
the filling or relocation of the Public Garden pond, or any
part thereof, will not be required.
(6) The lease shall not be assignable without the consent
of the park department with the approval of the mayor.
(7) At the termination of the lease, the garage, passage-
way, and the tunnel if included in the lease, and all im-
provements and appurtenances connected therewith shall be-
come the property of the city of Boston.
(8) The contract and lease may contain such further
terms and conditions not inconsistent with the foregoing as
the park department and the mayor may approve or require.
Said city acting as aforesaid is hereby further authorized
in such contract and lease and subject to the foregoing con-
ditions to permit the lessee to construct a two-lane traffic
tunnel under said Garden, Charles street and Common from
Commonwealth avenue at or near Arlington street to said
garage, within boundaries substantially as follows: Begin-
ning at a point on Commonwealth avenue at about midway
between Arlington street and Berkeley street and running
in an easterly direction on and under Commonwealth ave-
nue, and under Arlington street, the Public Garden and
Charles street at a location on Charles street approximately
midway between Beacon and Boylston streets to the pro-
posed garage, so located as not to disturb the Washington
monument or the bridge over the Public Garden pond; and
subject to the further conditions that the fulfilment of any
contract authorizing the construction of such tunnel shall
be guaranteed by a surety bond executed by a surety com-
panv authorized to do business in the commonwealth having
a capital and surplus of not less than ten million dollars, and
that the design of the tunnel and its approaches, including
the means of ventilation, shall have received the approval
of the department of public works and of the transit com-
mission of said city.
Section 3. This act shall take effect upon its passage.
Approved May 14, 1946.
Char) 295 An Act authorizing the town of Holland to borrow
^* FOR SCHOOL PURPOSES.
Be it enacted, etc., as follows:
Section 1. For the purposes of acquiring land for and
constructing a school building and originally equipping and
furnishing the same, the town of Holland 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,
Acts, 1946. — Chaps. 296, 297. 233
in the aggregate, fifteen thousand dollars, and may issue
bonds or notes therefor, which shall bear on their face the
words, Holland School Loan, Act of 1946. 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, including
the limitation contained in the first paragraph of section seven
thereof.
Section 2. This act shall take effect upon its passage.
Approved May 14, 1946.
An Act authorizing the city of revere to construct a
community center and to borrow money for such
PURPOSE.
Be it enacted, etc., as follows:
Section 1. For the purpose of acquiring land for and
constructing a community center, including architects' fees,
and of originally equipping and furnishing said center as a
memorial to the veterans of said city, the city of Revere
may borrow from time to time within a period of three years
from the passage of this act such sums as may be necessary,
not exceeding, in the aggregate, twenty thousand dollars,
and may issue bonds or notes of the town therefor, which
shall bear on their face the words, Revere Community Center
Loan, Act of 1946. 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 within the statutory limit, but shall, except
as herein provided, be subject to chapter forty-four of the
General Laws, exclusive of the limitation contained in the
first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved May 14, 1946.
An Act authorizing the town of Norfolk to borrow
for school purposes.
Be it enacted, etc., as follows:
Section 1. For the purposes of constructing a school
building and originally equipping and furnishing the same,
the town of Norfolk 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, sixty-
five thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words, Norfolk School
Loan, Act of 1946. 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
Chap.2m
Chap.297
234 Acts, 1946. — Chap. 298.
of the General Laws, including the limitation contained in
the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved May 14, 1946.
Chap. 29S An Act providing for the establishment of rights of
WAY for public ACCESS TO GREAT LAKE AND TO PARISH
POND IN THE TOWN OF OTIS.
Be it enacted, etc., as follows:
Section 1. The county commissioners of Berkshire
county are hereby authorized and directed to lay out in the
town of Otis rights of way for public access to Great lake
and to Parish pond, in accordance with plans to be approved
by the department of public works and showing the location
and dimensions of such rights of way, but such rights of way
shall not cross the location of any railroad. If it is necessary
to acquire land for the purpose of laying out such rights of
way said county commissioners shall at the time such rights
of way are laid out take such land by eminent domain under
chapter seventy-nine of the General Laws. Any person
sustaining damages in his property by the lajdng out of such
rights of way, or by specific repairs or improvements thereon,
shall be entitled to recover the same under said chapter
seventy-nine; provided, that the right to recover damages,
if any, by reason of the laying out of such rights of way, shall
vest upon the recording of the order of taking by said county
commissioners and that no entry or possession for the pur-
pose of constructing a public way on land so taken shall be
required for the purpose of validating such taking or for
the payment of damages by reason thereof.
Section 2. The selectmen of the town of Otis from time
to time may make specific repairs on or improve such ways
to such extent as they may deem necessary, but neither the
county of Berkshire, nor any city or town therein, shall be
required to keep such rights of way in repair, nor shall they
be Uable for injury sustained by persons travelling thereon;
provided, that sufficient notice to warn the public is posted
where such ways enter upon or unite with an existing public
way.
Section 3. All expenses incurred by said county com-
missioners in connection with such rights of way shall be
borne by the county of Berkshire, or by such cities and towns
therein, and in such proportions, as said county commis-
sioners may determine.
Section 4. Said rights of way shall not be discontinued
or abandoned without authority therefor from the general
court.
Section 5. Nothing in this act shall be construed to
limit the powers of the department of public health, or of any
local board of health, under any general or special law.
Section 6. This act shall take effect upon its passage.
Approved May 14, 1946.
Acts, 1946. — Chap. 299. 235
An Act relating to the issue of licenses to partner- (jhnr) 299
SHIPS to act as insurance agents or brokers or ad- ^'
JUSTERS OF fire LOSSES, AND THE QUALIFICATIONS OF THE
MEMBERS OF SUCH PARTNERSHIPS, AND PROVIDING THAT
CERTAIN MEMBERS OF SUCH A PARTNERSHIP NEED NOT BE
SPECIFIED IN ITS LICENSE.
Be it enacted, etc., as follows:
Chapter one hundred and seventy-five of the General Laws g. l. (Ter.
is hereby amended by striking out section one hundred and ^f^^^^'
seventy-three, as appearing in the Tercentenary Edition, and amended.
inserting in place thereof the following section: — Section 173. Partnership
The licenses described in sections one hundred and sixty- broke^r^etc.
three, one hundred and sixty-six, one hundred and sixty-
seven, one hundred and sixty-eight and one hundred and
seventy-two may, upon payment of the fees prescribed by
section fourteen, be issued to partnerships on the conditions
specified in and subject to said sections, except as otherwise
provided herein. Each license shall specify by name the
partners authorized to act thereunder in the name and on
behalf of the partnership, which shall include all the partners
except as provided below. Executors, administrators and
trustees of the estates of deceased partners who were mem-
bers of the partnership to be hcensed or any predecessor
partnership which conducted a business to which the partner-
ship to be licensed has directly or indirectly succeeded and
partners or former partners who have retired from active par-
ticipation in such partnership or any such predecessor part-
nership or their legal representatives may be partners in the
partnership for periods not exceeding in the case of such
executors, administrators or trustees ten years from the
death of such partner, for the sole purpose of protecting and
enforcing any rights of such deceased or retired partner.
Such partners shall not be specified in the Ucense and shall
not be authorized to act in the name or on behalf of the
partnership in respect to any matter requiring a license
under any of said sections; provided, that any such non-
specified partner may request the continuance with the part-
nership of the account of any one who was a customer of
such partnership or predecessor partnership at the date of
such death or retirement. Each partner so to be specified
shall file the statement or application required by law, in-
cluding a written request that the license be issued in the
partnership name, and a Hst of the partners to be specified
in the license; partners not to be specified shall not be re-
quired to file such statement or application, but there shall
be furnished with respect to them such information as the
commissioner shall request. Together with said statements
or applications, there shall be filed a duplicate original of the
written partnership agreement signed by all the partners.
The Ucense shall be issued in the partnership name, and may
be revoked or suspended as to one or all specified members
23G Acts, 1946. — Chap. 300.
of the partnership. Minors who are parties to the written
articles of partnership may be inckided in the partnership
Ucense, provided that there is one adult member of the firm
who is a specified partner. If the partnership is terminated
prior to the expiration of the Ucense, the partners shall forth-
with give notice thereof to the commissioner, who shall
thereupon without a hearing revoke the Ucense. Each speci-
fied partner shall be personally liable to the penalties of the
insurance laws for any violation thereof, although the act of
violation is done in the name of or on behalf of the partner-
penaity. ship. Whoevcr, being Ucensed as a specified partner under
this section, fails to give notice as required herem of the
termination of the partnership, or after the partnership is
terminated acts under such Ucense, shah be punished by a
fine of not less than twenty nor more than five hundred
doUars. Approved May H, 1946.
ended.
Number of
Char) 300 An Act to provide for an additional court officer in
^ THE MUNICIPAL COURT FOR THE DORCHESTER DISTRICT.
Be it enacted, etc., as follows:
G. L. (Ter. Scctiou sixty-two of chapter two hundred and eighteen of
f62'etc'': the General Laws, as most recently amended by section one
of chapter two hundred and sixty-four of the acts of the cur-
rent year, is hereby further amended by inserting after the
word "Middlesex", the first time said word occurs therein,
the words: — , in the municipal court of the Dorchester dis-
l^rict — and by striking out the words: — and of the Dor-
i^umoeroi chester district, — so as to read as ioWows: — Section 62.
court officers ^^ ^j^g municipal court of the city of Boston the court omcers
courts"' appointed shah not exceed ten for criminal business, one of
whom shah be designated by the chief justice as chief court
officer of said court for criminal business and one as an assist-
ant chief court officer, nor five for civil business, one of whom
shaU be designated by said chief justice as chief court officer
of said court for civil business; in the municipal court of the
Roxbury district five court officers may be appointed; in the
third district court of Eastern Middlesex, in the municipal
court of the Dorchester district and in the municipal court
of the West Roxbury district three court officers may be
appointed; in the municipal court of the South Boston dis-
trict of the Charlestown district, the East Boston distnct
court, the district court of Chelsea, the central distnct court
of Worcester, the first district court of Eastern Middlesex,
the district court of Springfield and the district court of East
Norfolk two court officers for each court may be appointed ;
and in each of the other district courts in the commonwealth
one court officer may be appointed.
Approved May 14, 1946.
Acts, 1946. — Chap. 301. 237
An Act relative to annual vacations for certain (Jfidj) 30 1
EMPLOYEES OF CERTAIN CITIES AND TOWNS.
Be it enacted, etc., as follows:
Section one hundred and eleven of chapter forty-one of EdV.'i?!"'
the General Laws, as most recently amended by chapter § lii. etc.,
two hundred and eighty of the acts of nineteen hundred and '''^®°'^^'^-
forty-three, is hereby further amended by striking out the
first paragraph and inserting in place thereof the following
paragraph : — In any city or town which has accepted chap- vacations of
ter two hundred and seventeen of the acts of nineteen hun- •n''°ertam^*'''
towns.
dred and fourteen or has accepted this section in any form, cities and
or which accepts this section in the manner hereinafter
provided, or has accepted earlier provisions of this section,
all permanent civil service employees as well as persons
classified as common laborers, skilled laborers, mechanics
or craftsmen, regularly employed by such city or town,
shall be granted an annual vacation of not less than two
weeks without loss of pay. Such vacations shall be granted
by the heads of the respective departments of the city or
town at such time as in their opinion will cause the least
interference with the performance of the regular work of
the city or town. A person shall be deemed to be regularly
emploj^ed, within the meaning of this section, if he has
actually worked for the city or town for twenty-six weeks
in the aggregate during the preceding calendar year. Any
such person who has actually worked for such a city or
town for twenty-six weeks in the aggregate during the
preceding calendar year and whose eraploj'^ment is termi-
nated without his having been granted the vacation based
thereon to which he w^ould otherwise be entitled under this
section shall be paid an amount equal to two weeks' wages
at the rate at which he was entitled to be compensated for
the two weeks immediately preceding the termination of his
employment; and in such case the official head of the de-
partment in which he was last employed shall enter such
amount on the departmental pay roll. Any official of a city
or town whose duty it is to grant a vacation as provided by
this section who wilfully refuses to grant the same or to
make such entry on the departmental pay roll shall be
punished by a fine of not more than one hundred dollars.
The department of labor and industries shall enforce this
section, and shall have all necessary powers therefor.
Approved May I4, 1946.
238
Acts, 1946. — Chap. 302.
Chap. 302 An Act relative to notice to respondents in actions
TO ESTABLISH TITLES ACQUIRED BY PURCHASE OF LANDS
OF LOW VALUE HELD BY A CITY OR TOWN UNDER TAX
TITLES, AND PROVIDING FOR THE CONCLUSIVENESS OF
DECREES IN SUCH ACTIONS.
G. L. (Ter.
Ed.), 60,
§ SOB, etc.,
amended.
Jurisdiction
of land court
to quiet
title, etc.
Be it enacted, etc., as follows:
Chapter sixty of the General Laws is hereby amended
by striking out section eighty B, inserted by section three of
chapter five hundred and ninety-four of the acts of nineteen
hundred and forty-one, and inserting in place thereof the
following section: — Section SOB. The holder of a title
acquired under section seventy-nine or eighty, whether
acquired before or after the effective date of this section,
may file in the land court a petition to establish such title
by requiring all persons who would have an interest in the
land involved except for either the petitioner's title or his
chain of title originating under section seventy-nine or
eighty to show cause why they should not bring an action
to try any claim or claims which they may have adverse to
the petitioner's title arising out of the tax proceedings upon
which such title was based. The petition shall set forth
on oath the petitioner's source of title, giving a reference to
the place, book and page of record of the deed under section
seventy-nine or eighty upon which the petitioner relies, the
description of the land involved which appeared in the tax
deed or instrument of taking upon which such deed under
section seventy-nine or eighty was based, the names of all
such persons known to the petitioner and such other facts
as may be necessary for the information of the court; but
the petitioner need not allege in such petition nor show
during the hearing thereof any error or irregularity in the
tax proceedings upon which such title depends or any other
defect in such title. The petition shall be in the alternative
praying that such persons be ordered to show cause why
they should not bring action to try such claim or claims or,
if such persons do not appear within the time fixed or, having
appeared, disobey the lawful order of the court to try their
claim or claims, that the court enter a decree that they be
forever barred from having or enforcing any such claim or
claims adversely to the petitioner, his heirs or assigns, in
the land described.
If any such persons are unascertained, not in being, un-
known or out of the commonwealth, or cannot be actually
given notice and made personally amenable to the decree
of the court, they may be made respondents and, if they are
unascertained, not in being or unknown, may be described
generally, as the heirs or legal representatives of A B, or such
persons as shall become heirs, devisees or appointees of
C D, a living person, or persons claiming under A B.
Upon the filing of the petition, the court shall notify all
such persons of the pendency of the petition, the notice to
be sent to each by registered mail and the return of receipt
Acts, 1946. — Chap. 302. 239
to be required, the addresses of such persons, so far as may
be ascertained, being furnished by the petitioner. Such
other and further notice by pubhcation or otherwise shall
be given as the court may at any time order. The notice,
to be addressed "To all whom it may concern", shall con-
tain the name of the petitioner, the names of all respondents
named in the petition, the description of the land, and a
statement of the nature of the petition, shall fix the time
within which appearance may be entered and shall contain
a statement that unless the persons notified shall appear
within the time fixed that they shall be forever barred from
having or enforcing any such claim or claims adversely to
the petitioner, his heirs or assigns, in the land described.
If, after notice has been given and the time limited in such
notice for the appearance of the respondents has expired,
the court finds that there are or may be respondents not
actually given notice who have not appeared, or who are
minors, or persons under disability, or unascertained, un-
known or out of the commonwealth, it may of its own motion,
or on the representation of any party, appoint a disinterested
person to act as guardian ad litem for any such respondents.
The compensation of the guardian ad litem shall be deter-
mined by the court and paid by the petitioner.
After all the respondents have been given notice as here-
inbefore provided and after the appointment of a guardian
ad Htem, if such appointment has been made, the court may
proceed as though all respondents had been actually notified.
Such petition shall be a proceeding in rem against the land,
and any decree entered as hereinafter provided shall operate
directly on the land and have the force of a release made by
or on behalf of all respondents of all claims adverse to the
petitioner's title.
The persons so notified shall by answer show why they
should not be required to bring an action to try such claim
or claims, and the court shall enter an appropriate decree
relative to bringing and prosecuting such action. If the
persons so notified do not appear within the time fixed or,
having appeared, disobey the lawful order of the court to
try their claim or claims, the court shall enter a decree that
they be forever barred from having or enforcing any such
claim or claims adversely to the petitioner, his heirs or
assigns, in the land described; provided, that such decree
shall not be entered unless the petitioner has proved to the
court that the collector's deed or the instrument of taking,
as the case may be, upon which the petitioner's title depends,
was duly recorded within the time provided therefor by law.
No petition to vacate such decree and no proceeding at law
or in equity for reversing or modifying such a decree shall
be commenced by any person 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-six, or
within one year after said date if the decree was entered
prior to said date.
240 Acts, 1946. — Chaps. 303, 304.
If, as the result of a petition filed under this section, the
petitioner's title is adjudged invalid by a court of competent
jurisdiction because of errors or irregidarities in the tax pro-
ceedings upon which it was based, the clerk, upon request,
shall issue a certificate to that effect. The treasurer of the
city or town where the land affected by such title is situated,
upon receipt of a release by the holder of said title of all
interest which he may have under it, together with such
certificate, shall refund to such holder the amount paid
therefor but not exceeding the amount received by the city
or town.
Notice of filing the petition and notice of the final dis-
position thereof shall be recorded in the registry of deeds, as
provided for in land registration proceedings.
The land court shall have jurisdiction of petitions under
this section and, except as herein provided, practice and
procedure under this section shall conform as nearly as
possible to the land court practice, rules, regulations and
procedure under chapter one hundred and eighty-five in
so far as the same may be applicable.
Approved May 14, 1946.
Chap.SOS An Act reviving the schillerverein corporation.
Be it enacted, etc., as follows:
The Schillerverein Corporation, a corporation dissolved
under the provisions of section fifty-four of chapter one hun-
dred and fifty-five of the General Laws, is hereby revived and
continued with the same powers, duties and obligations as
if said corporation had not been dissolved.
Approved May 14, 1946.
Chap. S04i An Act prohibiting discrimination between licensees
authorized to sell alcoholic beverages by elimi-
nating THE practice OF MANUFACTURERS AND WHOLE-
SALERS IN GRANTING DISCOUNTS, REBATES, ALLOWANCES,
FREE GOODS AND OTHER INDUCEMENTS TO FAVORED LI-
CENSEES.
^rTambie"^ W/ierms, The practice of manufacturers and wholesalers
in granting discounts, rebates, allowances, free goods and
other inducements to favored licensees contributes to a
disorderly distribution of alcohoHc beverages; and
Whereas, The deferred operation of this act would delay
the proper regulation thereunder of the alcoholic beverage
industry and be contrary to the interests of temperance,
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:
Edo; iS"^' Chapter one hundred and thirty-eight of the General Laws
and Hb^^ ^^ hereby amended by inserting after section twenty-five, as
added! ' amended, the two following sections: — Section 26 A. No
Discrimina-
Acts, 1946. — Chap. 304. 241
licensee authorized under this chapter to sell alcoholic tion by manw-
beverages to wholesalers or retailers shall — whoieslfers"
(a) Discriminate, directly or indirectly, in price, in dis- ^^Hl^^^
counts for time of payment or in discounts on quantity of prohibited.
merchandise sold, between one wholesaler and another
wholesaler, or between one retailer and another retailer
purchasing alcoholic beverages bearing the same brand or
trade name and of hke age and quality;
(6) Grant, directly or indirectly, any discount, rebate,
free goods, allowance or other inducement, except a dis-
count not in excess of two per centum for quantity of alco-
holic beverages except wines, or a discount not in excess of
five per centum for quantity of wines.
Section 25 B. (a) No brand of alcoholic beverages shall ^j'^'^^f^^J^^
be sold within the commonwealth to a wholesaler or retailer nam" etc..
unless schedules, as provided by this section, are filed with *° ^^ ^^'''^^
the commission and are then in effect.
(6) Each of the schedules hereinafter referred to shall be
in writing, duly verified, and filed in the number of copies
and form as required by the commission, and shall contain,
with respect to each item, the exact brand or trade name,
capacity of package, nature of contents, age and proof
where stated on the label, the bottle and case price to whole-
salers, the bottle and case price to retailers, which prices
shall be individual for each item and not in ''combination"
with any other item, the number of bottles contained in
each case, and the discounts for quantity, if any.
(c) The schedule containing the bottle and case price to
wholesalers shall be filed by (1) the owner of such brand, or
(2) a wholesaler selling such brand and who is designated as
agent for the purpose of filing such schedule if the owner of
the brand is not licensed by the commission, or (3) with the
approval of the commission, by a wholesaler, in the event
that the owner of the brand is unable to file a schedule or
designate an agent for such purpose.
(d) The schedule containing the bottle and case price to
retailers shall be filed by each manufacturer and wholesaler
who sells brands of alcoholic beverages to retailers; pro-
vided, that nothing contained in this section shall require
any manufacturer or wholesaler to hst in any schedule to be
filed pursuant to this section any item offered for sale to a
retailer under a brand which is owned exclusively by one
retailer and sold at retail within the commonwealth by such
retailer.
(e) Each such schedule shall be filed on or before the
tenth day of each month on a date to be fixed by the com-
mission, and the prices and discounts therein set forth shall
become effective on the first day of the calendar month
following the filing thereof and shall be in effect for such
calendar month. Within ten days after the filing of such
schedule the commission shall make it or a composite thereof
available for inspection by all licensees. Within three busi-
ness days after such inspection is provided for, a wholesaler
242
Acts, 1946. — Chap. 305.
may amend his filed schedule for sales to retailers in order
to meet lower competing prices and discomits for alcoholic
beverages of the same brand or trade name, and of like
age and quality filed pursuant to this section by any licensee
selling such brand; provided, that such amended prices are
not lower and discounts are not greater than those to be
met. Any amended schedule so filed shall become effective
on the first day of the calendar month following the filing
thereof and shall be in effect for such calendar month. No
brand of alcoholic beverages shall be sold to any licensee
except at the price then in effect.
All schedules filed pursuant to this section shall be sub-
ject to public inspection from the time that they are required
to be made available for inspection by licensees, and shall
not be considered confidential. Each manufacturer and
wholesaler shall retain in his licensed premises for inspection
by licensees a copy of his filed schedules as then in effect.
The commission may make such rules and regulations as
shall be appropriate to carry out the purpose of sections
twenty-five A and twenty-five B.
Approved May 16, 1946.
G. L. (Ter
Ed.). 138.
§ 17, etc..
amended.
Chap. 305 A.N Act providing for a review by the alcoholic bev-
erages CONTROL commission OF THE GRANTING OF
SEASONAL licenses, SO CALLED, FOR THE SALE OF ALCO-
HOLIC BEVERAGES.
Be it enacted, etc., as follows:
Section seventeen of chapter one hundred and thirty-eight
of the General Laws, as amended, is hereby further amended
by adding at the end of the paragraph which authorizes the
issuance of seasonal licenses, as appearing in section three
of chapter four hundred and twenty-four of the acts of nine-
teen hundred and thirty-seven, the two following sentences:
— Upon the petition of twenty-five persons who are taxpayers
of the city or town in which a seasonal license has been so
granted, or who are registered voters in the voting precinct
or district wherein the licensed premises are situated, filed
within five days after the granting of such license, the com-
mission shall, and upon its own initiative at any time may,
after a hearing, examine and review any estimate made or
action taken by the local licensing authorities in granting
the same, and after such examination or review, may rescind,
revoke, cancel, modify or suspend any such estimate or action.
Nothing in this paragraph shall be deemed to authorize or
permit the commission to deny a renewal of, or to rescind,
revoke or cancel, because of a decrease in population, any
seasonal license outstanding and in full force on April thir-
tieth, nineteen hundred and forty-six, — so that said para-
graph will read as follows : —
The local licensing authorities of any city or town, except
the city of Boston, may make an estimate prior to March
first in any year of any temporary increased resident popula-
tion in such city or town as of July tenth following, and one
Seasonal
Licenses.
Acts, 1946. — Chap. 306. 243
additional license under section twelve, to be effective from
April first to November thirtieth only, may be granted by
said authorities for each unit of one thousand or additional
fraction thereof of such population as so estimated, and one
additional license under section fifteen, to be effective from
April first to November thirtieth only, may be so granted for
each unit of five thousand or additional fraction thereof, of
such population as so estimated; and provided, further, that
said authorities may grant, in addition and irrespective of
any limitation of number of licenses contained in this sec-
tion, seasonal licenses under section twelve to duly incor-
porated clubs in their city or town if deemed by them to be
in the pubhc interest. Every estimate hereunder of tem-
porary resident population shall be made and voted upon by
the local Hcensing authorities at a meeting of said authorities
called for the purpose after due notice to each of the members
thereof of the time, place and purpose of said meeting and
after investigation and ascertainment by them of all the
facts and after co-operative discussion and deliberation. A
copy of such an estimate, signed by a majority of the mem-
bers of said authorities, stating under the penalties of perjury
that all the foregoing requirements have been comphed
with and that the estimate is true to the best of their knowl-
edge and belief, shall be forwarded forthwith to the commis-
sion. Upon the petition of twenty-five persons who are Appeal by
taxpayers of the city or town in which a seasonal license has ^^^p^^^''^-
been so granted, or who are registered voters in the voting
precinct or district wherein the licensed premises are situated,
filed within five days after the granting of such license, the
commission shall, and upon its own initiative at any time
may, after a hearing, examine and review any estimate made
or action taken by the local licensing authorities in granting
the same, and after such examination or review, may rescind,
revoke, cancel, modify or suspend any such estimate or action.
Nothing in this paragraph shall be deemed to authorize or
permit the commission to deny a renewal of, or to rescind,
revoke or cancel, because of a decrease in population, any
seasonal license outstanding and in full force on April thir-
tieth, nineteen hundred and forty-six.
Approved May 15, 1946.
An Act extending the time during which school (Jhdy qqa
TEACHERS AND SUPERINTENDENTS AND ASSISTANT SUPER- ^'
INTENDENTS AND JANITORS OF SCHOOLS, AND CERTAIN
OTHER PERSONS SERVING THE COMMONWEALTH OR ANY
POLITICAL SUBDIVISION THEREOF IN OFFICES FILLED BY
POPULAR ELECTION TO WHICH THEY HAVE BEEN AP-
POINTED TO FILL VACANCIES BY REASON OF EMPLOYMENT
OR RE-EMPLOYMENT DURING WORLD WAR II MAY CONTINUE
TO SERVE.
Whereas, The deferred operation of this act would tend to Emergency
defeat its purpose, which is to make possible the continuation p'"^^"™'"'^-
of certain persons in the service of the commonwealth and
244 Acts, 1946. — Chap. 307.
its political subdivisions whose service, but for this act,
would terminate on June first 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:
Chapter sixteen of the acts of nineteen hundred and forty-
two is hereby amended by striking out section four, inserted
by chapter fifty-five of the acts of nineteen hundred and
forty-six, and inserting in place thereof the following section:
— Section 4- This act shall remain in effect only until the
first day of June, nineteen hundred and forty-six, and em-
ployments hereunder shall not extend beyond said date;
provided, that with respect to employments of school
teachers and of superintendents and assistant superintend-
ents and janitors of schools it shall remain in effect until the
thirtieth day of June, nineteen hundred and forty-six, and
such teachers, superintendents and assistant superintendents
and janitors may continue to be so employed until the date
last mentioned; and provided, further, that with respect to
the employment or re-employment of any person to fill a
vacancy in an office filled by popular vote at a state election
it shall remain in effect until the first day of January, nine-
teen hundred and forty-seven and such person may con-
tinue to be so employed until the date last mentioned.
Approved May 16, 1940.
Chap. 307 An Act authorizing the commissioner of conservation
TO LEASE LAND IN THE OCTOBER MOUNTAIN STATE FOREST
IN THE TOWNS OF LEE AND WASHINGTON TO THE BERK-
SHIRE COUNCIL OF THE BOY SCOUTS OF AMERICA.
Be it enacted, etc., as follows:
Section 1. Chapter seventy-seven of the acts of nine-
teen hundred and forty-six is hereby amended by striking
out, in the fourth line, the words "town of Lee" and insert-
ing in place thereof the words : — towns of Lee and Wash-
ington, — so as to read as follows : — The commissioner of
conservation is hereby authorized and directed to lease to
the Berkshire Council of the Boy Scouts of America sufficient
land in the October Mountain State Forest in the towns of
Lee and Washington for a scout camp. Said lease shall con-
tain such terms and conditions as will comply with all laws
in relation to the protection of fish, birds and quadrupeds
and the preservation and development of said forest. Not-
withstanding said lease the control and supervision of the
land so leased shall remain under said commissioner, and all
provisions of law relating to state forests not inconsistent
with this act shall remain in full force and effect. Upon
failure of said council for the period of two years to make
use of said property for the purposes of said lease said com-
missioner may immediately cancel said lease upon written
Acts, 1946. — Chaps. 308, 309. 245
notification to said council. Upon termination of said lease
any buildings or other structures on the leased property
shall become the property of the commonwealth. Nothing
in this act shall be construed to prevent the use of said forest
by the public to the same extent as if this act had not been
Section 2. This act shall take effect as of March twent}'-
eighth, nineteen hundred and forty-six. ^
Approved May 16, 1946,.
An Act to authorize the northfield schools to hold (jJiq^ qqc
additional real and personal estate. ^'
Whereas, The deferred operation of this act would tend
to defeat one of its principal purposes, which is to grant to
the corporation referred to therein an immediate extension
of its authority to hold additional real and personal estate,
therefore this act is hereby declared to be an emergency law,
necessary for the immediate preservation of the public con-
venience.
Be it enacted, etc., as follows:
Chapter fifty-seven of the acts of nineteen hundred and
twenty-six is hereby amended by striking out, in the sixth
line, the word "four" and inserting in place thereof the
word: — nine, — so as to read as follows: — The Northfield
Schools, a corporation incorporated by chapter six hundred
and nine of the acts of nineteen hundred and twelve, is
hereby authorized to receive by gift, grant, devise, bequest
or otherwise, or to purchase, and to hold and manage, prop-
erty, real or personal, to an amount not exceeding nine million
dollars in addition to the amount now authorized by law, and
from time to time to invest and reinvest such personal prop-
erty and the proceeds of any sale or exchange of such real or
personal property. Approved May 16, 1946.
An Act making appropriations for the maintenance of QJiaj). S09
DEPARTMENTS, BOARDS, COMMISSIONS, INSTITUTIONS AND ^'
certain ACTIVITIES OF THE COMMONWEALTH, FOR IN-
TEREST, SINKING FUND AND SERIAL BOND REQUIREMENTS,
AND FOR CERTAIN PERMANENT IMPROVEMENTS. ■
Be it enacted, etc., as follows:
Section 1. To provide for the maintenance of the several
departments, boards, commissions and institutions, of
sundry other services, and for certain permanent improve-
ments, and to meet certain requirements of law, the sums
set forth in section two, for the several purposes and subject
to the conditions specified in said section two, are hereby
appropriated from the general fund or revenue of the com-
monwealth, unless some other source of revenue is expressed,
subject to the provisions of law regulating the disbursement
of public funds and the approval thereof, for the fiscal year
246
Acts, 1946. — Chap. 309.
ending June thirtieth, nineteen hundred and forty-seven,
in this act referred to as the year nineteen hundred and
forty-seven, or for such other period as may be specified.
Section 2.
Service of the Legislative Department.
Item
0101-01
0101-02
0101-03
0101-04
0101-05
0101-06
0101-07
0101-08
0101-09
0101-10
0101-11
0101-12
0101-13
0101-14
0101-15
0101-17
0101-18
0101-19
For the compensation of senators
For expenses of senators, including travel, for
the year nineteen hundred and forty-seven
For the compensation of representatives
For expenses of representatives, including
travel, for the year nineteen hundred and
forty-seven ......
For the salaries of the clerk of the senate and
the clerk of the house of representatives .
For the salaries of the assistant clerk of the
senate and the assistant clerk of the house
of representatives .....
For such additional clerical assistance to, and
with the approval of, the clerk of the sen-
ate, as may be necessary for the proper
despatch of public business, including not
more than one permanent position .
For such additional clerical assistance to, and
with the approval of, the clerk of the house
of representatives, as may be necessary for
the proper despatch of public business, in-
cluding not more than three permanent
positions ......
For the salary of the sergeant-at-arms
For clerical and other assistance employed
by the sergeant-at-arms, including not
more than four permanent positions .
For the compensation for travel of door-
keepers, assistant doorkeepers, general
court officers, pages and other employees
of the sergeant-at-arms, authorized by law
to receive the same ....
For the salaries of the doorkeepers of the
senate and house of representatives, with
the approval of the sergeant-at-arms, in-
cluding not more than two permanent
positions ......
For the salaries of assistant doorkeepers of
the senate and house of representatives and
of general court officers, \\ath the approval
of the sergeant-at-arms, including not more
than twenty-five permanent positions
For compensation of the pages of the senate
and house of representatives, with the ap-
proval of the sergeant-at-arms, including
not more than fifteen permanent positions
For the salaries of clerks employed in the legis-
lative document room, including not more
than two permanent positions .
For the salaries of the chaplains of the senate
and house of representatives, including not
more than two permanent positions .
For personal services of the counsel to the sen-
ate and assistants, including not more than
four permanent positions
For personal services of the counsel to the
house of representatives and assistants,
including not more than six permanent
positions ......
$102,500 00
25,000 00
602,500 00
148,000 00
17,000 00
11.000 00
4.000 00
9,600 00
5,000 00
9,550 00
26.000 00
7,000 00
65,500 00
12,850 00
7,300 00
1,500 00
25.800 00
35,600 00
Acts, 1946. — Chap. 309.
247
Item
0101-20
0101-21
0101-25
0102-01
0102-02
0102-03
0102-04
0102-06
0102-06
0102-07
0102-08
For clerical and other assistance of the senate
committee on rules, including not more
than one permanent position .
For clerical and other assistance of the house
committee on rules, including not more than
four permanent positions
For clerical and other assistance of the house
committee on ways and means, including
not more than two permanent positions
For traveling and such other expenses of the
committees of the general court as may be
authorized by order of either branch of the
general court ....
For printing, binding and paper ordered by
the senate and house of representatives, or
by concurrent order of the two branches,
with the approval of the clerks of the re-
spective branches .....
For printing the manual of the general court^
with the approval of the clerks of the two
branches .....
For e.xpenses in connection with the pubUca-
tion of the bulletin of committee hearings
and of the daily list, with the approval of
the joint committee on rules, including not
more than one permanent position .
For stationery for the senate, purchased by
and with approval of the clerk .
For oflBce and other expenses of the committee
on rules on the part of the senate
For office expenses of the counsel to the sen-
ate ....
For stationery for the house of representa-
tives, purchased by and with the approval
of the clerk .
For office and other expenses of the com-
mittee on rules on the part of the house
For oflSce expenses, including travel, of the
counsel to the house of representatives
For contingent expenses of the senate and
house of representatives, and necessary
expenses in and about the state house,
with the approval of the sergeant-at-arms
For telephone service
For biographical sketches of certain state
and federal officials ....
For the payment of witness fees to persons
summoned to appear before committees of
the general coiu-t, and for expenses inci-
dental to summoning them, with the ap-
proval of the sergeant-at-arms
I or expenses of the house committee on ways
and means .
Total
Service of the Judicial Department.
Supreme Judicial Court, as follows:
For the salaries of the chief justice and of the
six associate justices
For traveling allowances and expenses
For the salary of the clerk for the common-
wealth ....
For clerical assistance to the cleric '.
$5,000 00
10,140 00
7,320 00
10,000 00
100,000 00
5,500 00
25,000 00
400 00
200 00
300 00
800 00
2,000 00
300 00
9,500 00
7,000 00
3,000 00
200 00
1,000 00
$1,303,360 00
$99,000 00
1,500 00
6,600 00
2,300 00
248
Acts, 1946. — Chap. 309.
Item
0301-05
0301-06
0301-07
0301-08
0301-11
0301-12
For law clerks, stenographers and other cleri-
cal assistance for the justices .
For office supplies, services and equipment .
For the salaries of the officers and messengers
For the commonwealth's part of the salary
of the clerk for the county of Suffolk
Total
Reporter of Decisions:
For tne salary of the reporter of decisions
For clerk hire and office supplies, services and
equipment, including not more than four
permanent positions ....
Total
Superior Court, as follows:
0302-01 For the salaries of the chief justice and of the
thirty-one associate justices
0302-02 For traveling allowances and expenses
0302-03 For the salary of the assistant clerk, Suffolk
County . • • • ,
0302-04 For clerical work, inspection of records and
doings of persons authorized to admit to
bail, for an executive clerk to the chief
justice, and for certain other expenses inci-
dent to the work of the court .
Total
Justices of District Courts:
0302-11 For compensation of justices of district
courts while sitting in the superior court .
0302-12 For expenses of justices of district courts
while sitting in the superior court
0302-13 For reimbursing certain counties for com-
pensation of certain special justices for
services in holding sessions of district
courts in place of the justice, while sitting
in the superior court ...
Total
Judicial Council:
For expenses of the judicial council, as au
0303-01
0303-02
0304-01
0305-02
thorized by section thirty-four C of chap-
ter two hundred and twenty-one of the
General Laws, to be in addition to any
amount heretofore appropriated for the
purpose • r t ■
For compensation of the secretary of the
judicial council, as authorized by said sec-
tion thirty-four C of said chapter two hun-
dred and twenty-one ....
Total
Administrative Committee of District
Courts:
For compensation and expenses of the ad-
ministrative committee of district courts .
Probate and Insolvency Courts, as follows:
For the compensation of judges of probate
when acting for other judges of probate .
$28,000 00
5,000 00
3,590 00
1,500 00
.S147,390 00
$6,000 00
13,000 00
$19,000 00
.$385,000 00
17,000 00
1,000 00
14,000 00
$417,000 00
$6,000 00
750 00
2,000 00
$8,750 00
$1,800 00
3,500 00
$5,300 00
$4,500 00
$7,800 00
Acts, 1946. — Chap. 309.
249
For expenses of judges of probate when act-
ting for other judges of probate , $1,300 00
For reimbursing officials for premiums paid
for procuring sureties on their bonds, as
provided by existing laws 500 00
For the salaries of judges of probate,
registers of probate, assistant registers
and clerical assistance to registers of the
several counties:
Barnstable:
Judge of probate $6,000 00
Register 3,600 00
Assistant register 2,640 00
Clerical assistance to register, including
not more than three permanent positions 3,720 00
Berkshire:
Judge of probate 6,000 00
Register 4,000 00
Assistant jegister ..... 2,820 00
Clerical assistance to register, including
not more than four permanent positions 5,760 00
Bristol:
Judge of probate 8,500 00
Register 5,100 00
Two assistant registers .... 6,720 00
Clerical assistance to register, including
not more than eleven permanent positions 15,660 00
Dukes County:
Judge of probate 3,000 00
Register ... 2,400 00
Clerical assistance to register, including
not more than one permanent position . 1,260 00
Essex:
Two judges of probate .... 17,000 00
Register 5,700 00
Three assistant register.s 10,083 00
Clerical assistance to register, including
not more than sixteen permanent posi-
tions 23,170 00
Franklin :
Judge of probate 6,000 00
P.egister 3,600 00
Assistant register ..... 2.575 48
Clerical assistance to register, including
not more than two permanent positions . 2,460 00
Hampden :
Two judges of probate .... 17,000 00
Register 5,700 00
Two assistant registers .... 6,720 00
Clerical assistance to register, including
not more than eleven permanent positions 18,030 00
Hampshire:
Judge of probate 6,000 00
Register 3,600 00
-Assistant register 2,640 00
Clerical assistance to register, including
not more than two permanent positions . 2,940 00
250
Acts, 1946. — Chap. 309.
Item
0306-29
0306-49
0306-69
0306-89
0306-30
0306-50
0306-90
0306-31
0306-51
0306-71
0306-91
Middlesex:
Two judges of probate .... $20,000 00
Register 6,500 00
Four assistant registers .... 16,980 00
Clerical assistance to register, including
not more than thirty-seven permanent
positions ...... 55,480 00
Nantucket:
Judge of probate 3,000 00
Register 2,400 00
Clerical assistance to register . . . 300 00
Norfolk:
Judge of probate 10,000 00
Register 5,100 00
Two assistant registers .... 6,687 26
Clerical assistance to register, including
not more than fourteen permanent posi-
tions 19,890 00
Pl3Tnouth:
0306-32
Judge of probate
6,000 00
0306-52
Register
4,000 00
0306-72
Assistant register .....
2,820 00
0306-92
Clerical assistance to register, including
not more than five permanent positions .
6,600 00
Suffolk:
0306-33
Three judges of probate ....
33,000 00
0306-53
Register ......
6,500 00
0306-73
Four assistant registers ....
16,260 64
0306-93
Clerical assistance to register, including not
more than forty-six permanent positions
66,840 00
Worcester:
0306-34
Two judges of probate ....
17.000 00
0306-54
Register
5,700 00
0306-74
Two assistant registers ....
7,660 00
0306-94
Clerical assistance to register, including not
more than fourteen perma,nent positions
19,920 00
Total
$558,536 38
Administrative Committee of Probate
Courts:
0307-01 For expenses of the administrative commit-
tee of probate courts ....
$200 00
Service of the Land Court.
0308-01 For the salaries of the judge, associate judges,
the recorder and court oflScer, including
not more than five permanent positions $38,984 00
0308-02 For engineering, clerical and otner personal
services, including not more than twenty-
five permanent positions . 67,200 00
0308-03 For personal services in the examination of
titles, for publishing and serving citations
and other services, traveling expenses, sup-
plies and office equipment, and for the
preparation of sectional plans showing
registered land 20,600 00
Total $126,784 GO
Acts, 1946. — Chap. 309.
251
Item
0309-01
Pensions for Certain Retired Justices.
For pensions of retired justices of the supreme
judicial court and of the superior court, and
judges of the probate courts and the land
court
$60,000 00
Service of the District Attorneys.
District Attorneys, as follows:
0310-01 For the salaries of the district attorney and
assistants for the Suffolk district, including
not more than fourteen permanent posi-
tions $66,000 00
0310-02 For the salaries of the district attorney and
assistants for the northern district, includ-
ing not more than seven permanent posi-
tions 32,000 00
0310-03 For the salaries of the district attorney and
assistants for the eastern district, including
not more than five permanent positions 17,400 00
0310-04 For the salaries of the district attorney,
deputy district attorney and assistants for
the southeastern district, including not
more than five permanent positions 19,200 00
0310-05 For the salaries of the district attorney and
assistants for the southern district, includ-
ing not more than four permanent posi-
tions 15,100 00
0310-06 For the salaries of the district attorney and
assistants for the middle district, including
not more than four permanent positions . 15,000 00
0310-07 For the salaries of the district attorney and
assistants for the western district, including
not more than three permanent positions 10,400 00
0310-08 For the salary of the district attorney for the
northwestern district .... 4,000 00
0310-09 For traveling expenses necessarily incurred by
the district attorneys, except in the Suffolk
district, including expenses incurred in
previous years ..... 5,000 00
Total $184,100 00
Service of the Board of Probation.
0311-01 For personal services of the commissioner,
clerks and stenographers, including not
more than forty-three permanent positions $77,600 00
0311-02 For services other than personal, including
printing the annual report, traveling ex-
penses, rent, office supplies and equipment 7,700 00
Total $85,200 00
Service of the Board of Bar Examiners.
0312-01 For personal services of the members of the
board, including not more than five perma-
nent positions $12,500 00
0312-02 For other services, including not more than
one permanent position, and including
printing the annual report, traveling ex-
penses, office supplies and equipment 6,000 00
Total $18,500 00
252
Item
0318-01
0401-01
0401-02
0401-03
0401-04
0401-05
0401-21
0401-22
0401-23
0401-24
Acts, 1946. — Chap. 309.
Suffolk County Court House.
For reimbursing the city of Boston for thirty
per cent of the cost of maintenance of the
Suffolk County court house, as provided by
and subject to the conditions of section six
of chapter four hundred and seventy-four
of the acts of the year nineteen hundred
and thirty-five to be in addition to any
amount heretofore appropriated for the
purpose; provided, that this appropria-
tion shall not be construed as fixing the
specific amount for which the common-
wealth shall be liable on account of said
maintenance ..••••
Service of the Executive Department.
For the salary of the governor .
For the salary of the lieutenant governor
For the salaries of the eight councillors
For the salaries of officers and employees of
the department, including not more than
sixteen permanent positions . . .
For certain personal services for the lieu-
tenant governor and council, including not
more than three permanent positions
For travel and expenses of the lieutenant gov-
ernor and council from and to their homes
For postage, printing, office and other con-
tingent expenses, including travel, of the
governor . • • • •
For postage, printing, stationery, travehng
and contingent expenses of the governor
and council . . • ,•.•.,,■
For the cost of entertainment of distmgmshed
visitors to the commonwealth and for the
payment of other extraordinary expenses
not otherwise provided for .
0401-38
0401-60
Total
Specials :
(This item omitted.)
To provide for unforeseen emergency ex-
penditures, the sum of one hundred thou-
sand dollars is hereby appropriated, to be
expended under the direction of the gov-
ernor, with the approval of the council.
Requests for any such expenditures shall
be referred by the governor to the com-
mission on administration and finance,
wliich, after investigation of the need of
such expenditure shall forthwith submit
to the governor its written recommenda-
tion of the amount of funds required, to-
gether with pertinent facts relative thereto.
No further allocations or transfers may be
authorized hereunder after January second,
nineteen hundred and forty seven. Persons
whose employment is created by reason of
money 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 sub-
ject to the rules and regulations of the
division of personnel and standardi Ration .
$110,000 00
$10,000 00
4,000 00
16,000 00
53,400 00
5,700 00
3,000 00
15,000 00
3,000 00
20,000 00
$130,100 00
$100,000 00
Acts, 1946. — Chap. 309.
263
Service of the Adjutant General.
For the salary of the adjutant general . $G,000 00
For personal services of office assistants, in-
cluding services for the preparation of
records of Massachusetts soldiers and
sailors, and including not more than eight-
een permanent positions . . . 42,500 00
For services other than personal, and for
necessary office supplies and expenses . 7,000 00
For expenses not othei-wise provided for in
connection with military matters and ac-
counts 4,000 00
Total $59,500 00
Specials :
For personal services and other expenses in
connection with the operation of the war
records project, so called . . . $20,725 00
For personal services and other expenses in
connection with the operation of the
Massachusetts women's defense corps, so
called 8,900 00
(This item omitted.)
Total $29,625 00
Service of the Organized Militia.
For allowances to companies and other ad-
ministrative units, to be expended under
the direction of the adjutant general $100,000 00
For certain allowances for officers of the or-
ganized militia, as authorized by paragraph
(c) of section one hundred and twenty of
chapter thirty-three of the General Laws . 50,000 00
For expenses of military training and instruc-
tion, and for pay and expenses of certain
camps of instruction, to be in addition to
any amounts heretofore appropriated for
these purposes 100,000 00
For transportation of officers and non-com-
missioned officers to and from military
meetings and regimental and battalion
drills 3,500 00
For compensation for special and miscel-
laneous duty and for expenses of operation
of the second division of the state guard;
provided, that from the amount herein
appropriated not more than fourteen
thousand seven hundred and fifty dollars
and thirty cents shall be expended for the
salaries of full-time positions . 20,000 00
For compensation for accidents and injuries
sustained in the performance of military
duty 4,000 00
To cover certain small claims for damages to
private property arising from military
maneuvers ...... 300 00
For services and expenses of the military res-
ervation located in Barnstable County,
including compensation of one commis-
sioner 2,700 00
For premiums on bonds for officers . . 2,200 00
254
Acts, 1946. — Chap. 309.
Item
0403-23
For personal services necessary for the opera-
tion of the commonwealth depot and motor
repair park, including not more than fifteen
permanent positions ....
Total
$31,000 00
$313,700 00
Service of the State Quartermaster.
0405-01 For personal services of the state quarter-
master, superintendent of arsenal and
certain other employees of the state
quartermaster, including not more than
eight permanent positions
0405-02 For the salaries of armorers and assistant
armorers of armories of the first class,
superintendent of armories, and other
employees, including not more than eighty-
one permanent positions . . •
0406-02 For office and general supplies and equip-
ment .....••
0406-03 For the care and maintenance of the state
camp ground and buildings at Framing-
ham . . ' ■ ' 1 i'
0406-04 For the operating expenses of armories of the
first class, including heat and Ught, but not
including repairs .....
0406-05 For reimbursement for rent and maintenance
of armories not of the first class, up to and
including June thirtieth, nineteen hundred
and forty-seven . . . , •
0406-06 For expenses of maintaining and operatmg
the Camp Curtis Guild rifle range, includ-
ing not more than five permanent positions
0406-07 For maintenance, other than personal serv-
ices, of the commonwealth depot and
motor repair park . . . . •
0406-08 For miscellaneous repair and renewal projects
at armories of the first class
$17,200 00
Total
148,500 00
15,000 00
350 00
85,000 00
17,500 00
13,000 00
1,000 00
60,000 00
$357,550 00
Service of the State Surgeon.
0407-01 For personal services of the state surgeon,
and regular assistants, including not more
than three permanent positions
0407-02 For services other than personal, and for
necessary medical and office supplies and
equipment ...-••
0407-03 For the examination of recruits .
Total
Service of the State Judge Advocate.
0408-01 For compensation of the state judge advocate
Service of the Armery Commission.
0409-01 For compensation of one member
0409-02 For office, incidental and traveling expenses .
Totel
$5,340 00
1,500 00
5,000 00
$11,840 00
$1,500 00
$200 00
100 00
$300 00
Acts, 1946. — Chap. 309.
255
Service of the Commission on Administration and Finance.
Item
0414-01 For personal services of the commissioners,
including not more than four permanent
positions $26,500 00
0414-02 For personal services of the office of the chair-
man, including not more than eight per-
manent positions, to be in addition to the
amount authorized for the purpose in item
2970-09 21,160 00
0414-03 For personal services of the bureau of the
comptroller, including not more than
ninety-one permanent positions, to be in
addition to the amount authorized for the
purpose in item 2970-09 .... 132,540 00
0414-04 For personal services of the bureau of the
budget commissioner, including not more
than nine permanent positions, to be in
addition to the amount authorized for the
purpose in item 2970-09 .... 21,980 00
0414-05 For personal services of the bureau of the pur-
chasing agent, including not more than
fifty-t&ee permanent positions, to be in
addition to the amount authorized for the
purpose in item 2970-09 . . . 91,340 00
0414-06 For personal services of the division of per-
sonnel and standardization, including not
more than twenty-nine permanent posi-
tions, to be in addition to the amount au-
thorized for the purpose in item 2970-09 . 48,260 00
0414-09 For other expenses incidental to the duties
of the commission .....
Total
55,000 00
$396,780 00
Telephone service :
For telephone service in the state house and
expenses in connection therewith
$50,000 00
Purchase of paper:
For the purchase of paper used in the execu-
tion of the contracts for state printing,
other than legislative, with the approval of
the commission on administration and
finance ......
$40,000 00
Central mailing room :
For personal services of the central mailing
room, including not more than eight per-
manent positions .....
$17,000 00
Personnel Appeal Boards:
For personal services and expenses of per-
sonnel appeal boards, as authorized by
chapter four hundred and eighty-five of the
acts of nineteen hundred and forty-five $2,000 00
(Items 0415-01 to 0415-31, inclusive, are in-
cluded in Items 0414-01 to 0414-31,
inclusive.)
Service of the State Superintendent of Buildings.
For personal services of the superintendent
and office assistants, including not more
than five permanent positions $13,020 00
256
Acts, 1946. — Chap. 309.
Item
0416-02
0416-03
0416-04
0416-05
0416-11
0416-13
0416-14
For personal services of engineerSj assistant
engineers, firemen and helpers in the en-
gineer's department, including not more
than forty permanent positions
For personal services of capitol police, includ-
ing not more than twenty-seven permanent
positions ......
For personal services of janitors, including
not more than twenty-three permanent
positions ......
For other personal services incidental to the
care and maintenance of the state house
and of the Ford building, so called, includ-
ing not more than seventy-nine permanent
positions ......
Total
Other annual expenses:
For contingent, office and other expenses of
the superintendent ....
For services, supplies and equipment neces-
sary to furnish heat, light and power
For other services, supplies and equipment
necessary for the maintenance and care of
the state house and grounds and of the
Ford building, so called, including repairs
of furniture and equipment
Total
$72,640 00
50,680 00
32,780 00
95,000 00
$264,120 00
S310 00
92,000 00
44,200 00
$136,510 00
Service of the State Planning Board.
0419-01 For personal services of secretary, chief en-
gineer, and other assistants, including not
more than thirteen permanent positions . $42,000 00
0419-02 For services other than personal, including
rent of oflBces, travel, and office supplies and
eqxiipment ...... 9,500 00
Total $51,500 00
Service of the Commissioners on Uniform State Laws.
0420-01 For expenses of the commissioners . . $750 00
Service of the State Library.
0423-01 For personal services of the librarian .
0423-02 For personal services of the regular library
assistants, temporary clerical assistance,
and for services for cataloguing, including
not more than twenty-seven permanent
positions ......
0423-03 For services other than personal, including
printing the annual report, ofiice supplies
and equipment, and incidental traveling
expenses ......
0423-04 For books and other publications needed for
the library, including necessary binding
and rebinding incidental thereto; pro-
vided, that contracts or orders for such
work shall not be subject to the restrictions
prescribed by section one of chapter five
of the General Laws ....
$5,700 00
47,620 00
6.500 00
9.000 00
Total
$68,820 00
Acts, 1946. — Chap. 309.
257
Service of the Art Commission.
For expenses of the commission . . . $76 00
For restoring and protecting certain portraits
in the state house ..... 1,435 00
For the cleaning and repairing of certain
statues and other memorials on the state
house groimds 1,225 00
Total $2,735 00
Service of the Ballot Law Commission.
0425-01 For compensation of the commissioners, in-
cluding not more than three permanent
positions . . . . .
0425-02 For expenses, including travel, supplies and
equipment ......
Total
$2,250 00
600 00
$2,850 00
Service of the Soldiers' Home in Massachusetts.
0430-00 For the maintenance of the Soldiers' Home in
Massachusetts, with the approval of the
trustees thereof, including not more than
two hundred and twenty-eight permanent
positions, to be in addition to certain re-
ceipts from the United States government $410,800 00
Service of the Commissioner of Veterans' Services.
0440-01 For personal services of the commissioner and
deputies, including not more than three
p)ermanent positions .... $13,060 00
0440-02 For personal services of agents, clerks, ste-
nographers, and other assistants, including
not more than thirty-one permanent posi-
tions 51, '00 00
0440-03 For services other than personal, including
printing the annual report, traveling ex-
penses of the commissioner and his em-
ployees, and necessary office supplies and
equipment 10,000 00
Total
$74,560 00
Advisory Council:
0440-21 For personal services and other expenses in
connection with the work of the veterans'
service advisory council, as authorized by
chapter seven hundred and thirty of the
acts of nineteen hundred and forty-five .
$45,800 00
For Expenses on Account of Wars.
0441-01 For reimbursing cities and towns for money
paid on account of state and mihtary aid
to Massachusetts soldiers and their fami-
lies, to be paid on or before the fifteenth
day of November, nineteen hundred and
forty-six, in accordance with the provisions
of existing laws relative to state and mili-
tary aid other than chapter eleven of the
acts of the Special Session of nineteen
hundred and forty-two ....
$272,629 09
258
Item
0441-02
0441-11
Acts, 1946. — Chap. 309.
For certain care of veterans of the civil war,
their wives and widows, as authorized by
section twenty-five of chapter one hundred
and fifteen of the General Laws
For reimbursing cities and towns for money
paid on account of war allowance, state
and military aid and soldiers' relief to cer-
tain residents of the commonwealth and
their dependents, as authorized by chapter
eleven of the acts of the Special Session of
nineteen hundred and forty-two
Total
$15,000 00
283,030 34
$570,659 43
Service of the Massachusetts Aeronautics Commission.
0442-01 For personal services of employees, including
, not more than five permanent positions,
and for administrative expenses, including
consultants' services, ofiice rent and other
incidental expenses
$45,000 00
For the Maintenance of the Mount Greylock War Memorial.
0443-01 For expenses of maintenance of the Mount
Greylock War Memorial, as authorized by
section forty-seven of chapter six of the
General Laws
$1,200 00
For the Maintenance of the Old State House.
0444-01 For the contribution of the commonwealth
toward the maintenance of the old provin-
cial state house .....
0501-01
0501-02
0501-03
0501-04
0501-05
0501-06
0501-08
0502-01
Service of the Secretary of the Commonwealth.
For the salary of the secretary .
For the salaries of officers and employees
holding positions established by law, and
other personal services, including not more
than sixty-five permanent positions .
For services other than personal, traveling
expenses, office supplies and equipment,
for the arrangement and preservation of
state records and papers, including travel-
ing expenses of the supervisor of public
records ......
For postage and expressage on public docu-
ments, and for maihng copies of bills and
resolves to certain state, city and town
officials ......
For printing registration books, blanks and
indexes ......
For the preparation of certain indexes of
births, marriages and deaths .
For the purchase of ink for public records of
the commonwealth ....
Total
Specials:
For the purchase of certain supplies and
equipment, and for other things necessary
in connection with the reproduction of the
manuscript collection designated " Mas-
sachusetts Archives " . . . .
$1,500 00
$7,000 00
132,000 00
25,000 00
2,000 00
2,200 00
9,000 00
1,000 00
$178,200 00
$3,500 00
Acts, 1946. — Chap. 309.
259
Item
0502-02
For the purchase and distribution of copies
of certain journals of the house of repre-
sentatives of Massachusetts Bay from
seventeen hundred and fifteen to seventeen
hundred and eighty, inclusive, as author-
ized by chapter four hundred and thirteen
of the acts of nineteen himdred and twenty
Total
$750 00
$4,250 00
0503-01
0508-02
0503-03
0504-01
0504-02
0504-03
0504-04
0504-07
0505-01
0506-01
For printing laws, etc. :
For printing and distributing the pamphlet
edition and for printing and binding the
blue book edition of the acts and resolves
of the year nineteen hundred and forty-
seven, and any unexpended balance of the
appropriation made for this purpose in any
fiscal year shall be available for expenditure
in the succeeding fiscal year .
For the printing of reports of decisions of
the supreme judicial court, to be in addi-
tion to any amount heretofore appropriated
for the purpose .....
For printing and binding public documents .
Total
$21,500 00
8,000 00
2,700 00
$32,200 00
For matters relating to elections:
For personal and other services in preparing
for primary elections, including not more
than one permanent position, and for the
expenses of preparing, printing and dis-
tributing ballots for primary and other
elections, to be in addition to any amount
heretofore appropriated for the purpose $144,000 00
For the printing of blanks for town ofiicers,
election laws and blanks and instructions
on all matters relating to elections . . 3,000 00
For furnishing cities and towns with ballot
boxes, and for repairs to the same ; for the
purchase of apparatus to be used at polling
places in the canvass and counting of votes ;
and for providing certain registration
facilities 2,000 00
For expenses of publication of lists of candi-
dates and forms of questions before state
elections 18,500 00
For expenses of compiling and publishing in-
formation to voters, as required by section
fifty-three of chapter fifty-four of the Gen-
eral Laws 45,000 00
Total $212,500 00
Medical Examiners' Fees:
For medical examiners' fees, as provided by
law $1,500 00
Commission on Interstate Co-operation :
For personal and other services of the com-
mission, including travel and other ex-
penses, as authorized by sections twenty-
one to twenty-five, inclusive, of chapter
nine of the General Laws, including not
more than two permanent positions .
$16,000 00
260
Acts, 1946. — Chap. 309.
Item
0601-01
0601-02
0601-03
Service of the Treasurer and Receiver-General.
For the salary of the treasurer and receiver-
general ......
For salaries of oflBcers and employees holding
positions established by law, and additional
clerical and other assistance, including not
more than thirty-nine permanent positions,
to be in addition to the amount authorized
for the purpose in item 2970-09
For services other than personal, traveUng
expenses, office suppUes and equipment
Total
$6,000 00
74,680 00
21,300 00
$101,980 00
Commissioners on Firemen's Relief:
0602-01 For reUef disbursed, vdih. the approval of the
commissioners on firemen's relief, subject
to the provisions of law ....
0602-02 For expenses of administration by the com-
missioners on firemen's relief .
Total
$15,000 00
300 00
$15,300 00
Payments to Soldiers :
0603-01 For maldng payments to soldiers in recogni-
tion of service during the world war and
the Spanish war, as provided by law .
$1,000 00
0604-01
0604-02
0604-03
0604-04
0604-05
State Board of Retirement :
For personal services in the administrative
office of the state board of retirement, in-
cluding not more than twelve permanent
positions ......
For services other than personal, printing
the annual report, and for office suppUes
and equipment .....
For the payment of the commonwealth's
share in financing the state employees' re-
tirement system, as provided by chapter
six hundred and fifty-eight of the acts of
nineteen hundred and forty-five, to be in
addition to the amount appropriated in
item 2970-01
(This item combined with item 0604-03.)
To assist in meeting the liability of the com-
monwealth to pay contributions to the
state employees' retirement system on ac-
count of members thereof in the miUtary
or naval service, as authorized by chapter
seven hundred and eight of the acts of nine-
teen hundred and forty-one, as amended,
to be in addition to any amount heretofore
appropriated for the purpose .
$19,830 00
1,425 00
664,000 00
Total
150,000 00
$835,255 00
Service of the Emergency Finance Board.
0605-01 For administrative expenses of the emergency
finance board, including not more than
eight permanent positions
$14,380 00
Acts, 1946. — Chap. 309.
261
Item
0606-01
Service of the State Emergency Public Works Commissi&n.
For personal services and other expenses of
the state emergency public works commis-
sion, including not more than six perma-
nent positions $30,440 00
Service of the Auditor of the Commonwealth.
0701-01 For the salary of the auditor . . . $6,000 00
0701-02 For personal services of deputies and other
assistants, including not more than thirty-
three permanent positions, to be in addi-
tion to the amount authorized for this pur-
pose in item 2970-09 .... 70,060 00
0701-03 For services other than personal, traveling
expenses, office supplies and equipment . 9,000 00
Total $85,060 00
0801-01
0801-02
0801-03
0802-01
0802-02
0803-06
Service of the Attorney General's Department.
For the salary of the attorney general
For the compensation of assistants in his
office, and for such other legal and personal
services as may be required, including not
more than thirty-seven permanent posi-
tions .......
For services other than personal, traveling
expenses, office supplies and equipment
For the settlement of certain claims, as pro-
vided by law, on account of damages by
cars owned by the commonwealth and
operated by state employees .
For the settlement of certain small claims, as
authorized by section three A of chapter
twelve of the General Laws
Total
Special :
For the cost of providing certain legal assist-
ance for the benefit of veterans, their
wives and dependents ....
$8,000 00
135,480 00
12,000 00
8,000 00
4,000 00
$167,480 00
$20,000 00
0901-01
0901-02
0901-03
0901-04
0901-11
0901-21
0901-22
Service of the Department of Agriculture.
For the salary of the commissioner . $6,000 00
For personal services of clerks and stenog-
raphers, including not more than twenty-
one permanent positions . 34,860 00
For traveling exTpenses of the commissioner . 1,000 00
For services other than personal, printing
the annual report, office supplies and equip-
ment, and printing and furnishing trespass
posters 12,000 00
For compensation and expenses of members
of the advisory board .... 1,200 00
For services and expenses of apiary inspec-
tion, including not more than one perma-
nent position 5,000 00
For personal services and other expenses of
a program of soil conservation, as author-
ized by chapter five hundred and thirty-
one of the acta of nineteen hundred and
262
Acts, 1946. — Chap. 309.
Item
forty-five; provided, that no compensa-
tion or expenses of the supervisors referred
to in said chapter shall be chargeable to
this item ......
Total
0905-01
0905-02
090.5-03
Division of Dairying and Animal Hus-
bandry :
For personal services, including not more
than seven permanent positions
For other expenses, including the enforce-
ment of the dairy laws of the common-
wealth ......
For administering the law relative to the in-
spection of barns and dairies by the de-
partment of agricultm-e, including not
more than eleven permanent positions
Total
Milk Control Board:
090&-01 For personal services of members of the
board and their employees, including not
more than seventy-two permanent posi-
tions .......
0906-02 For other administrative expenses of the
board, including oflace expenses, rent, travel
and special services ....
Total
0906-21 (This item postponed.)
Division of Livestock Disease Control :
0907-01 For the salary of the director
0907-02 For personal services of clerks and stenog-
raphers, including not more than eighteen
permanent positions ....
0907-03 For services other than personal, including
printing the annual report, traveling ex-
penses of the director, oflSce supplies and
equipment, and rent ....
0907-04 For personal services of veterinarians and
agents engaged in the work of extermi-
nation of contagious diseases among do-
mestic animals, including not more than
twelve full-time permanent positions and
not more than one hundred and fifteen
permanent intermittent positions
0907-05 For traveling expenses of veterinarians and
agents .......
0907-06 For reimbursement of owners of horses killed
during the year nineteen hundred and
forty-seven and previous years, travel,
when allowed, of inspectors of animals,
incidental expenses of killing and burial,
quarantine and emergency services, ana
for laboratory and veterinary supplies and
equipment ......
0907-07 For reimbursement of owners of tubercular
cattle killed, as authorized by section
twelve A ot chapter one hundred and
twenty-nine of the General Laws, and in
accordance with certain provisions of law
$2,556 00
$62,615 CO
$17,100 00
6,800 00
36,200 00
$60,100 00
$146,920 00
51,500 00
$198,420 00
$3,900 00
26,940 00
8,400 00
54,000 00
8,000 00
3,400 00
Acts, 1946. — Chap. 309.
263
Itun
and agreements made under authority of
section thirty-three of said chapter one
hundred and twenty-nine dimng the year
nineteen hundred and forty-seven and the
previous year, to be in addition to any
amount heretofore appropriated for the
purpose ......
Total
$15,000 00
$119,640 00
Reimbursement of towns for inspectors of
animals:
0907-08 For the reimbursement of certain towns for
compensation paid to inspectors of animals
$4,000 00
Division of Markets:
0908-01 For personal services, including not more
than thirteen permanent positions . $33,000 00
0908-02 For other expenses 10,000 00
Total $43,000 00
0909-01
0909-02
0909-11
0909-12
0909-13
0909-14
0909-21
0910-01
1001-01
1001-02
1001-03
1001-04
Division of Plant Pest Control and Fairs:
For personal services, including not more
than three permanent positions
For travel and other expenses
For work in protecting the pine trees of the
commonwealth from white pine bUster
rust, and for payments of claims on ac-
count of currant and gooseberry bushes
destroyed in the work of suppressing white
pine blister rust .....
For quarantine and other expenses in con-
nection with the work of suppression of the
European corn borer, so called, including
such expenses incurred in previous years .
For quarantine and other expenses in con-
nection with the work of suppression of the
Japanese beetle, so called
For personal services and expenses in con-
nection with the work of suppression of the
Dutch elm disease, so called .
For state prizes and agricultural exhibits in-
cluding allotment of funds for the 4-H club
activities ......
Total
State Reclamation Board :
For expenses of the board, including not more
than four permanent positions
Service of the Department of Conservation.
For the salary* of the commissioner
For traveUng expenses of the commissioner .
For services other than personal, including
printing, supplies and equipment, and rent
For clerical and other assistance to the com-
missioner, including not more than twelve
permanent positions ....
Total
$9,680 00
5,900 00
5,. 500 00
1,500 00
1,7.50 00
4,000 00
25,000 00
$53,330 00
$10,000 00
$6,000 00
500 00
6,500 00
34,840 00
$47,840 00
264
Acts, 1946. — Chap. 309.
Item
Division of Forestry:
1002-01 P'or personal semces of the director and
office assistants, including not more than
five permanent positions . . . ?1 1,360 00
1002-02 For services other than personal, including
printing the annual report, and for travel-
ing expenses, necessary office supplies and
equipment, and rent .... 3,000 00
1002-11 For aiding towns in the purchase of equipn
ment for extinguisliing forest fires, and for
making protective belts or zones as a de-
fence against forest fires, for the year nine-
teen hundred and forty-seven and for pre-
vious years ...... 1,000 00
1002-12 For personal services of the state fire warden
and liis assistants, and for other ser\'ices,
including traveling expenses of the state
fire warden and fis assistants, necessary
supplies and equipment and materials used
in new construction in the forest fire pre-
vention service, including not more than
sixteen permanent positions . . . 75,000 00
1002-14 For the expenses of forest fire patrol, as au-
thorized by section twenty -eight A of chap-
ter forty-eight of the General Laws . . 9,000 00
1002-15 For reimbursement to certain towns, as au-
thorized by section twenty-four of said
chapter forty-eight .... 1,00000
1002-18 For personal services and expenses, including
not more than two permanent positions, in
connection with establishing forest cutting
practices, as authorized by chapter five
hundred and tliirty-nine of the acts of
nineteen hundred and forty-three . . 5,900 00
1002-21 For the development of state forests, includ-
ing not more than twenty permanent posi-
tions, and including salaries and expenses
of foresters and the cost of maintenance of
such nurseries as may be necessary for the
growing of seedlings for the planting of state
forests, as authorized by sections one, six,
nine and thirty to thirty-six, inclusive, of
chapter one hundred and thirty-two of the
General Laws, to be in addition to any
amount heretofore appropriated for this
purpose ......
1002-31 For personal services, including not more
than seven permanent positions, and for
other expenses incidental to the suppression
of insect pests and shade tree diseases, in-
cluding gypsy and brown tail moths, Japa-
nese beetles and Dutch elm disease, so
called, and for reimbursement to cities
and towns of a proportion of their expenses
for such work, as provided by law . . 75,000 00
Total $310,260 00
Division of Fisheries and Game, Enforce-
ment of Laws:
1004-11 For personal services of conservation officers,
including not more than thirty-seven per-
manent positions, partly chargeable to
item 3304-11 .1i;86,985 00
129.000 00
Acts, 1946. — Chap. 309.
265
Item
1004-12
For traveling expenses of conservation offi-
cers, and for other expenses necessary for
the enforcement of the laws, to be in addi-
tion to the amount appropriated in item
3304-12
Total
1004-70
1004-71
1004-72
Division of Marine Fisheries:
For the salary of the director
For personal services, including not more
than seven permanent positions, and in-
cluding personal services required in con-
nection with the activities provided for
under items 1004-84 and 1004-85 .
For services other than personal, traveling ex-
penses, necessary office supplies and equip-
ment, and rent, and including other ex-
penses required in connection with the
activities provided for under items 1004-84
and 1004-85
Enforcement of shellfish and other marine
fishery laws:
1004-81 For personal services for the administration
and enforcement of laws relative to shell-
fish and other marine fisheries, and for
regulating the sale and cold storage of
fresh food fish, including not more than
sixteen permanent positions
1004-82 For other expenses of the administration and
enforcement of laws relative to shellfish and
other marine fisheries and for regulating
the sale and cold storage of fresh food fish
1004-83 For expenses of purchasing lobsters, subject
to the conditions imposed by section
forty-three of chapter one hundred and
thirty of the General Laws; provided, that
the price paid for such lobsters shall not
exceed the prevailing wholesale price for
such lobsters in the district where pur-
chased ......
1004-84 For the payment to certain coastal cities and
towns of a part of the cost of projects for
the propagation of shellfish authorized by
section twenty of chapter one hundred and
thirty of the General Laws; provided, that
the expenditure by said cities and towns of
funds herein provided shall not be subject
to appropriation as required by section
fifty-three of chapter forty-four of the
General Laws .....
1004-85 For the payment to certain coastal cities and
towns of a part of the cost of projects for
the suppression of enemies of shellfish au-
thorized by section twenty of chapter one
hundred and thirty of the General Laws;
provided, that the expenditure by said
cities and towns of fimds herein provided
shall not be subject to appropriation as
required by section fifty-three of chapter
forty-four of the General Laws
Total
$12,500 00
$48,485 00
S5,000 00
17,500 00
6,000 00
42,895 00
10,300 00
1,000 00
10,000 00
5,000 00
$97,695 00
266
Acts, 1946. — Chap. 309.
Specials:
1004-86 For the establishment of a plant for the
propagation and rearing of lobsters, as au-
thorized by section forty-two of chapter
one hundred and thirty of the General
Laws, in the town of Oak Bluffs upon cer-
tain land donated by said town for the
purpose, including the cost of construction,
supplies and equipment, and for the main-
tenance of said plant including personal
services and other expenses
1004-87 For the cost of construction and improvement
of certain fishways ....
1004-88 For the purchase of a boat
1004-89 For the establishment of a shellfish purifica-
tion plant in or in the vicinity of Boston,
including the purchase of land, the cost of
construction, supplies and equipment, and
for the maintenance of said plant including
personal services and other expenses; pro-
vided, that a reasonable charge shall be
made by the division for the use of the
faciUties of said plant notwithstanding any
other provision of law ....
1004-90 For services and expenses of the Atlantic
States Marine Fisheries Commission, as
authorized by chapter four hundred and
eighty-nine of the acts of nineteen hundred
and forty-one .....
$26,500 00
5,000 00
6,000 00
Total
20,000 00
4,400 00
$61,900 00
1004-91
Bounty on seals:
For bounties on seals
$400 00
Service of the Department of Banking and Insurance.
Division of Banks:
1101-01 For the salary of the commissioner . . $7,500 00
1101-02 For services of deputy, directors, examiners
and assistants, clerks, stenographers and
experts, including not more than one hun-
dred and forty-two permanent positions . 370,000 00
1101-03 For services other than personal, printing the
annual report, traveling expenses, ofiice
supplies and equipment .... 66,300 00
Total
$443,800 00
Supervisor of Loan Agencies:
1102-01 For personal services of supervisor and as-
sistants, including not more than seven
permanent positions .... $14,810 00
1102-02 For services other than personal, printing
the annual report, oflBce supplies and equip-
ment 1,000 00
Total $15,810 00
Division of Insurance :
1103-01 For the salary of the commissioner
1103-02 For other personal services of the division,
including expenses of the board of appeal
and certain other costs of supervising motor
$7,500 00
Acts, 1946. — Chap. 309.
267
Item
1103-03
1104-01
1105-01
1105-02
vehicle liability insurance, and including
not more than one hundred and ninety
permanent positions, partly chargeable to
item 2970-02
For other expenses, including printing the
annual report, travel expenses, rent of
oflBces and the purchase of necessary oflBce
supplies and equipment; provided, that
contracts or orders for the purchase of
statement blanks for the making of annual
reports to the commissioner of insurance
sbkll not be subject to the restrictions
prescribed by section 1 of chapter 5 of the
General Laws .....
Total
Board of Appeal on Fire Insiirance Bates:
For expenses of the board ....
Division of Savings Bank Life Insurance :
For personal services of ofloicers and em-
ployees, including not more than thirty-two
permanent positions ....
For services other than personal, printing the
annual report, traveling expenses, rent
and equipment .....
$318,600 GO
Total
95,000 00
$421,100 00
$100 00
$57,600 00
18,000 00
$75,600 00
Service of the Department of Corporations and Taxation.
1201-01 For the salary of the commissioner $8,600 00
1201-02 For personal services of the corporations and
tax divisions, the division of field investi-
gation and temporary taxes, the adminis-
tration of an excise on meals and the
income tax division, including certain
positions filled by the commissioner with
the approval of the governor and coimcil,
and additional clerical and other assistants,
totalling not more than four hundred and
ninety-four permanent positions, partly
chargeable to item 2970-03, the sum of nine
hundred thirty-eight thousand nine hun-
dred and sixty dollars is hereby appropri-
ated from the General Fund; and it is
hereby provided that on or before the
tenth day of the month of August nineteen
hundred and forty-six, and of each month
thereafter, the commissioner of corpora-
tions and taxation shall certify to the divi-
sion of personnel and standardization, in
such form and manner as said division snail
prescribe, the proportions of the amount
herein appropriated which are properly
chargeable to the corporations and tax
divisions, the division of field investigation
and temporary taxes, the cost of adminis-
tration of an excise on meals and the in-
come tax division, respectively. It is
hereby further provided that the comp-
troller shall transfer to the General Fund
the sum of fifty thousand dollars from fees
collected under section twenty-seven of
268
Acts, 1946. — Chap. 309.
chapter one hundred and thirty-eight of
the General Laws, the sum of fifty-eight
thousand dollars from amounts collected
under chapter sixty-four B of the General
Laws and the sum of five hundred and
eighty-five thousand dollars from the re-
ceipts from the income tax, which sums are
hereby included in this appropriation
1201-03 For other expenses of the corporations and
tax divisions, including necessary ofiice
supplies and equipment, travel, and for
printing the annual report, other publica-
tions and valuation books
1201-05 (This item included in item 1202-22.)
1201-11 (This item included in item 1201-02.)
1201-12 For expenses other than personal services of
the division of field investigation and tem-
porarv taxes ......
1201-21 (This item included in item 1201-02.)
1201-22 For expenses other than personal services for
the administration of an excise on meals
the sum of fifteen thousand dollars is
hereby appropriated from the General
Fund; provided, that a sum equivalent to
the expenditures under this item shall be
transferred to the General Fund from
amounts collected under chapter sixty-
four B of the General Laws
1202-01 (This item included in item 1201-02.)
1202-02 For services other than personal of the in-
come tax division, including traveling ex-
penses, office supplies and equipment and
rent, the sum of two hundred thousand
dollars is hereby ajipropriated from the
General Fund; provided, that a sum
equivalent to the expenditures fi-om this
item shall be transferred to the General
Fund from receipts from the income tax .
Total
$938,960 00
49.000 00
15.000 00
15,000 00
200,000 00
$1,226,460 00
Reimbursement for loss of taxes:
1202-22 For reimbursing cities and towns for loss of
taxes on land used for state institutions and
certain other state activities, as certified
by the commissioner of corporations and
taxation for the calendar year nineteen
hundred and forty-six and for previous
years, and for the reimbursement of certain
towns as authorized by section seventeen B
of chapter fifty-eight of the General Laws
$266,680 40
1203-01
1203-02
1203-11
1203-12
Division of Accounts:
For f)ersonal services, including not more
than one hundred and eleven permanent
positions partly chargeable to item 1203-11
For other expenses .....
For services and expenses of auditing and in-
stalling systems of municipal accounts, the
cost of which is to be assessed upon the
municipalities for which the work is done
For the e.xpenses of certain books, forms and
other material, which may be sold to cities
and towns requiring the same for maintain-
ing their system of accounts .
$114,240 00
11,000 00
240,000 00
24,000 00
Acts, 1946. — Chap. 309.
269
Item
120S-21
For the administrative expenses of the
county personnel board, including not
more than five permanent positions .
Total
$7,885 00
$397,125 00
Appellate Tax Board:
1204-01 For personal services of the members of the
board and employees, including not more
than twenty-seven permanent positions . $93,650 00
1204-02 For services other than personal, traveling
expenses, office supplies and equipment,
and rent 30,000 00
Total $123,650 00
Service of the Department of Education.
1301-01 For the salary of the commissioner . . $9,000 00
1301-02 For personal services of officers, agents,
clerks, stenographers and other assistants,
including not more than fifty-four perma-
nent positions 144,300 00
1:301-03 For travehng expenses of members of the ad-
visory board and of agents and employees
when required to travel in discharge of
their duties 6,000 00
1301-04 For services other than personal, necessary
office supplies, and for printing the annual
report and bulletins as provided by law . 11,400 00
1301-06 For printing school registers and other school
blanks for cities and towns . . 3,500 00
1301-07 For expenses of holding teachers' institutes . 1,500 00
1301-08 For aid to certain pupils in state teachers'
colleges, under the direction of the depart-
ment of education ..... 5,000 00
1301-09 For assistance to children of certain war
veterans, for the year nineteen hundred
and forty-seven and for pre\'iou8 years, as
authorized by chapter two hundred ai^
sixty-three of the acts of nineteen hundred
and thirty, as amended .... 15,000 00
1301-10 For the maintenance and operation of the
state building on Newbury street, Boston,
including not more than four permanent
positions 17,500 00
Total $213,200 00
Specials (Newbury Street Building) :
1301-13 For certain repairs to the roof of the state
building on Newbury street, Boston, to be
in addition to any amoimt heretofore ap-
propriated for the purpose
1301-14 For certain painting at the state building on
Newbury street, Boston, to be in addition
to any amount heretofore appropriated
for the purpose .....
1301-15 For the replacement of the fire escape at the
state building on Newbury street, Boston .
Total
$1,000 00
1,500 00
2,500 00
$5,000 00
270
Acts, 1946. — Chap. 309.
Specials:
1301-22 For personal services and other expenses re-
quired in connection with furnishing cer-
tain educational services to certain war
veterans, including the establishment and
operation of regional education centers in
the commonwealth. ....
1301-23 For personal services and other expenses of
the educational committee on personal and
religious liberties .....
1301-27 For personal services and expenses of a sum-
mer school to be conducted at Hyannis or
elsewhere, with the approval of the com-
missioner of education ....
1301-28 For the cost of board, room and transporta-
tion of certain pupils formerly enrolled at
the state teachers' college at Hyannis who
have transferred to other state teachers'
colleges. ......
Total
Division of Vocational Education:
1301-30 For aid to certain persons receiving instruc-
tion in the courses for vocational rehabilita-
tion, as authorized by section twenty-two
B of chapter seventy-four of the General
Laws .......
1301-31 For the training of teachers for vocational
schools, to comply with the requirement of
federal authorities under the provisions of
the Smith-Hughes act, so called, including
not more than twenty-one permanent
positions ......
1301-32 For the expenses of promotion of vocational
rehabilitation in co-operation with the
federal government ....
Total
Education of deaf and blind pupils:
1301-41 For the education of deaf and blind pupils of
the commonwealth, as provided by section
twenty-six of chapter sixty-nine of the
General Laws .....
Reimbursement and aid:
1301-51 For assisting small towns in providing them-
selves with school superintendents, as pro-
vided by law .....
1301-52 For the reimbursement of certain towns for
the payment of tuition of pupils attending
high schools outside the towns in which
they reside, as provided by law
1301-53 For the reimbursement of certain towns for
the transportation of pupils attending high
schools outside the towns in which they
reside, as provided by law
1301-54 For the reimbursement of certain cities and
towns for a part of the expenses of main^
taining agricultural and industrial voca-
tional schools, as provided by law .
1301-55 For reimbursement of certain cities and towns
for adult English-speaking classes .
Total
$239,166 00
10,000 00
5,000 00
2,760 00
$266,916 00
$10,000 00
31,000 00
71,500 00
$112,500 00
$452,700 00
$ 95,000 00
195,000 00
190,000 00
1,998,488 60
70,000 00
$2,548,488 50
Acts, 1946. — Chap. 309.
271
Item
University Extension Courses:
1301-61 For personal services, including not more
than forty-five permanent positions . . $160,000 00
1301-62 For other expenses 45,000 00
Total $205,000 00
Englishnspeaking classes for Adults:
1301-64 For personal services of administration, in-
cluding not more than two permanent
positions $5,900 00
1301-65 For other expenses of administration . . 1,700 00
Total $7,600 00
Division of Immigration and Americaniza-
tion:
1302-01 For personal services, including not more
than nineteen permanent positions . . $38,510 00
1302-02 For other expenses 8,000 00
Total $46,510 00
Division of Public Libraries:
1303-01 For personal services of regular agents and
other assistants, including not more than
thirteen permanent positions . . $28,000 00
1303-02 For other expenses, including printing the
annual report, traveling expenses and
necessary office supplies .... 7,000 00
1303-03 For the purchase of books and other publica-
tions, and for the cost of binding and re-
binding; provided, that contracts or orders
for such work shall not be subject to the
restrictions prescribed by section one of
chapter five of the Greneral Laws . . 6,000 00
Total $41,000 00
Division of the BUnd:
1304-01 For general administration, furnishing in-
formation, industrial and educational aid,
and for carrying out certain provisions of
the laws estabUshing said division, includ-
ing not more than twenty-three permanent
positions $56,000 00
1304-06 For instruction of the adult blind in their
homes, including not more than fourteen
permanent positions .... 20,800 00
1304-08 For aiding the adult blind, subject to the
conditions provided by law, including the
cost of certain medical assistance and sup-
phes 375,000 00
1304-10 For expenses of administering and operating
the services of piano tuning and mattress
renovating under section twenty-five of
chapter sixty-nine of the General Laws . 27,500 00
1304-11 For personal services and other expenses in
connection with the operation of local
shops, including not more than eight per-
manent positions, but excluding the pur-
chase of merchandise and payments to
blind employees 24,500 00
1304-12 For the purchase of merchandise and pay-
ments to blind employees in connection
with the operation of local shops . 55,650 00
272
Acts, 1946. — Chap. 309.
Item
1304-13 For personal services and other expenses in
connection ■with the operation of the Wool-
son House industries, including not more
than two permanent positions, but exclud-
ing the purchase of merchandise and pay-
ments to blind persons ....
1304-14 For the purchase of merchandise and pay-
ments to blind employees in connection
with the Woolson House industries .
1304-15 For the operation of the salesroom and other
expenses in connection wth the sale of
materials made by blind persons, including
not more than two permanent positions .
1304-16 For personal services and other expenses in
connection with the operation of certain
industries for men, including not more
than six permanent positions, but exclud-
ing the purchase of merchandise and pay-
ments to blind persons ....
1304-17 For the purchase of merchandise and pay-
ments to blind employees in connection
with certain industries for men
Total
$8,483 00
44,875 00
25,000 00
23.000 00
165,000 00
$825,808 00
Reimbursement:
1 304r-27 For e.xpenses of providing sight-saving classes,
with the approval of said division . . $20,125 00
Special :
1304-28 For expenses of promotion of vocational re-
habilitation in co-operation with the fed-
eral government ..... $7,500 00
Teachers' Retirement Board:
130.5-01 For personal services of employees, including
not more than seventeen permanent posi-
tions $25,580 00
1305-02 For services other than personal, including
printing the annual report, traveling ex-
penses, office supplies and equipment, and
rent 8,000 00
1305-03 (This item included in item 1305-08.)
1305-06 For the payment of retirement assessments
of teachers formerly in military or naval
service, as authorized by section nine of
chapter seven hundred and eight of the
acts of nineteen hundred and forty-one, as
amended 10,000 00
1305-08 For the payment of the commonwealth's
share in financing the teachers' retirement
system, as provided by chapter six hun-
dred and fifty-eight of the acts of nineteen
hundred and forty-five ....
Total
2,500,000 00
. $2,543,580 00
Reimbursement :
130.5-04 For reimbursement of certain cities and
towns for pensions to retired teachers . $453,508 49
Massachusetts Maritime Academy:
1306-01 For personal services of the secretary and
office assistants, including not more than
three permanent positions . . . $6,720 00
Acts, 1946. — Chap. 309.
273
Iteai
1306-02
1306-10
1306-25
1306-26
For expenses other than regular clerical serv-
icee, including printing the annual report,
rent, office supplies and equipment .
For the maintenance of the academy and
ship, including not more than forty-four
permanent positions, •mih the approval of
the commissioner of education .
For the purchase of certain waterfront land
at Hyannis, v.ith the approval of the com-
missioner of education ....
For the cost of installation of new wiring in
the machine shop, so called, with the ap-
proval of the commissioner of education .
Total
For the maintenance of and for certain im-
provements at the following state
teachers' colleges, and the boarding
halls attached thereto, with the approval
of the commissioner of education:
1307-00 State teachers' college at Bridgewater, in-
cluding not more than sixty permanent
positions .....
1307-21 State teachers' college at Bridgewater, board-
ing hall, including not more than twenty-
nine permanent positions
1307-31 For repairing and resurfacing certain roads
and walks at the state teachers' college at
Bridgewater, to be in addition to any
amount heretofore appropriated for the
purpose ......
1308-00 State teachers' college at Fitchburg, includ-
ing not more than sixty permanent posi-
tions .......
1308-21 State teachers' college at Fitchburg, boarding
hall, including not more than nine perma-
nent positions .....
1308-36 For the purchase and installation of certain
kitchen equipment, and for the cost of re-
modeling the kitchen in Palmer Hall, so
called, at the state teachers' college at
Fitchburg
1308-37 For certain roofing repairs at the state
teachers' college at Fitchburg .
1309-00 State teachers' college at Framingham, in-
cluding not more than sixty-four perma-
nent positions .....
1309-21 State teachers' college at Framingham,
boarding hall, including not more than
twenty-five permanent positions
1311-00 State teachers' college at Lowell, including
not more than tliirty-seven permanent
positions ......
1312-00 State teachers' college at North Adams, in-
cluding not more than twenty-six perma-
nent positions .....
1312-21 State teachers' college at North Adams,
boarding hall, including not more than one
permanent position . . . .
1312-31 For the repair of certain ceilings at the state
teachers' college at North Adams
1313-00 State teachers' college at Salem, including not
more than fifty-one permanent positions .
$2,750 00
170,270 00
8,500 00
3,500 00
$191,740 00
$167,810 00
67.000 00
2,000 00
199,000 00
30.000 00
7.500 00
5,000 00
171,600 00
55,800 00
85,700 00
67,685 00
2,700 00
2,000 00
130,364 00
274
Acts, 1946. — Chap. 309.
1314-00 State teachers' college at Westfield, inclu-
ding not more than thirty permanent
positions $69,880 00
1314-21 State teachers' college at Westfield, boarding
hall, including not more than one perma-
nent p>osition ..... 1,870 00
1315-00 State teachers' college at Worcester, includ-
ing not more than forty-one permanent
positions 95,300 00
1321-00 Massachusetts School of Art, including not
more than twenty-nine permanent posi-
tions 104,250 00
Total $1,265,459 00
Textile Schools:
1331-00 For the maintenance of the Bradford Durfee
textile school of Fall River, under its pres-
ent or any future title, with the approval
of the commissioner of education and the
trustees, including not more than twenty-
one permanent positions, and including the
sum of ten thousand dollars which is to be
assessed upon the city of Fall River as a
part of the charges to be paid by said city
to the commonwealth in the calendar year
nineteen hundred and forty-six $88,675 00
1331-33 For the purchase and installation of certain
machinery and equipment, including the
cost of certain alterations to the power
equipment in the machine shop at the
Bradford Durfee textile school of Fall
River, imder its present or any future title,
with the approval of the commissioner of
education and the trustees 87,000 00
(This item combined with item 1331-33.)
For certain repairs and additions at the Brad-
ford Durfee textile school of Fall River,
under its present or any future title, with
the approval of the commissioner of edu-
cation and the trustees .... 8,700 00
For the maintenance of the Lowell textile
institute, with the approval of the com-
missioner of education and the trustees,
including not more than sixty-two perma-
nent positions, and including the sum of
ten thousand dollars which is to be assessed
upon the city of Lowell as a part of the
charges to be paid by said city to the com-
monwealth in the calendar year nineteen
hundred and forty-six .... 208,770 00
For the purchase and installation of certain
machinery and equipment at the Lowell
textile institute, with the approval of the
commissioner and the trustees 80,000 00
For certain interior repairing and painting at
the Lowell textile institute, with the ap-
proval of the commissioner of education
and the trustees 5,000 00
For certain repairing and replacement of
plumbing and steam lines at the Lowell
textile institute, with the approval of the
commissioner of education and the trustees 3,000 00
1331-34
1331-35
1332-00
1332-33
1332-34
1332-35
Acts, 1946. — Chap. 309.
276
It«IB
1333-00
1333-38
For the maintenance of the New Bedford
textile school, under its present or any
future title, with the approval of the com-
missioner of education and the trustees,
including not more than twenty-four per-
manent positions, and including the sum
of ten thousand dollars which is to be
assessed upon the city of New Bedford as
a part of the charges to be paid by said
city to the cormnonwealth in the calendar
year nineteen hundred and forty-six
For the purchase and installation of certain
machinery and equipment, including the
cost of certain alterations to power equip-
ment, and including the cost of modernizing
the Imitting department at the New Bed-
ford textile school, with the approval of the
commissioner of education and the trustees
Total
$78,045 00
150,000 00
$704,190 00
Massachusetts State College:
1341-00 For maintenance and ciurent expenses of the
Massachusetts state college, with the ap>-
proval of the trustees, including not more
than five himdred and eighteen permanent
positions $1,381,412 00
1341-01 For personal services and expenses of the
summer session ..... 7,000 00
1341-77 For personal services for the maintenance of
the boarding hall, including not more than
thirty-four permanent positions . 50,060 00
1341-78 For other expenses of the maintenance of the
boarding halj 115,000 00
1341-82 For aid to certain students, with the approval
of the trustees 5,000 00
1341-83 For the cost of field and laboratory work in
connection with the Dutch elm disease and
other shade tree diseases and insects . 8,000 00
1341-87 (This item omitted.)
1341-92 For the annual cost of lease of dormitories, as
authorized by chapter three hvmdred and
eighty-eight of the acts of nineteen hun-
dred and thirty-nine .... 30,000 00
1341-93 For payment of annual charges for sewage
service by the town of Amherst 2,000 00
Total $1,598,472 00
Service oj the Department of Civil Service and Registration.
Division of Civil Service:
1402-01 For the salary of the director and for the com-
pensation of members of the commission . $12,500 00
1402-02 For other personal services of the division,
including not more than one hundred and
fifty-five permanent positions . 220,000 00
1402-03 For other services aud for printing the an-
nual report, and for oflBce supplies and
equipment necessary for the administra-
tion of the civil service law
Total
40,000 00
$272,500 00
276
Acts, 1946. — Chap. 309.
Division of Registration:
1403-01 For the salary of the director
1403-02 For clerical and certain other personal serv-
ices of the division, including not more
than thirty -nine permanent positions
1403-03 For services of the division other than per-
sonal, printing the annual reports, office
supplies and equipment, except as other-
wise provided .....
1404-01
1404-03
1405-01
1405-02
1405-03
Total
Board of Registration in Medicine :
For personal services of the members of the
board, including not more than seven
permanent positions ....
For traveling expenses ....
Total
Board of Dental Examiners :
For personal services of the members of the
board, including not more than five perma-
nent positions ....
For traveling expenses
For travel and other expenses necessary in
providing for the enforcement of law rela
tive to the registration of dentists
Total
$2,400 00
79,000 00
17,000 00
$98,400 00
$6,300 00
1,000 00
$7,300 00
$3,800 00
750 00
100 00
$4,650 00
Board of Registration in Chiropody:
1406-01 For personal services of members of the
board, including not more than five perma-
nent positions .....
1406-02 For traveling expenses ....
Total
$900 00
300 00
$1,200 00
1407-01
1407-02
1407-03
Board of Registration in Pharmacy :
For personal services of the members of the
board, including not more than five perma-
nent positions .....
For personal services of agents and investiga-
tors, including not more than four perma-
nent positions .....
For traveling expenses ....
Total
Board of Registration of Nurses:
1408-01 For personal services of the members of the
board, and of the appointive members of
the approving authority, including not
more than ten permanent positions .
1408-02 For traveling expenses ....
Total
Board of Registration in Embalming and
Funeral Directing:
1409-01 For personal services of members of the
board, including not more than three
permanent positions ....
1409-02 For traveling expenses ....
$4,300 00
9,840 00
3,000 00
$17,140 00
$3,570 00
1,000 00
$4,670 00
$1,500 00
2»900 00
Acts, 1946. — Chap. 309. 277
Item
1409-03 For the dissemination of useful knowledge
among and for the benefit of licensed era-
balmers $100 00
Total $4,500 00
Board of Registration in Optometry:
1410-01 For personal services of members of the
board, including not more than five perma-
nent positions $1,900 00
1410-02 For traveling expenses .... 500 00
Total $2,400 00
Board of Registration in Veterinary Medi-
cine:
1411-01 For personal services of members of the
board, including not more than five perma-
nent positions $fiOO 00
1411-02 For other services, printing the annual re-
port, traveling expenses, office supplies
and equipment .... 750 00
Total $1,3.50 00
Board of Registration of Professional En-
gineers and of Land Surveyors:
1412-01 For travel and other necessary expenses $2,000 00
Board of Registration of Architects:
1413-01 For personal services of members of the
board, including not more than five perma-
nent positions ..... $2,500 00
1413-02 For travel and other necessary expenses . 1,000 00
Total $3,500 00
Board of Registration of Certified Public
Accountants :
1414-01 For personal .services of members of the
board, including not more than five perma-
nent positions ..... $675 00
1414-02 For expenses of examinations, including the
preparation and marking of paf)ers, and for
other expenses ..... 2,500 00
Total $3,175 00
State Examiners of Electricians :
1 41 6-01 For personal services of members of the board,
including not more than two permanent
positions $1,000 00
1416-02 For traveling expenses .... 4,900 00
Total 85,900 00
State Examiners of Plumbers:
1417-01 For personal services of members of the board,
including not more than three permanent
positions $1,100 00
1417-02 For traveling expenses .... 2,250 00
Total $3,860 00
278
Acts, 1946. — Chap. 309.
Board of Registration of Barbers:
1420-01 For personal services of members of the board
and assistants, including not more than
eight permanent positions
1420-02 For travel and other necessary expenses
1421-01
1421-02
Total
Board of Registration of Hairdressers:
For personal services of members of the
board and assistants, including not more
than eighteen permanent positions .
For travel and other necessary expenses, in-
cluding rent
Total
$17,300 00
7,000 00
$24,300 00
$33,230 00
12,000 00
$45,230 00
Service of the Department of Industrial Accidents.
For personal services of members of the
board, including not more than seven
permanent positions ....
For personal services of secretaries, in-
spectors, clerks and oflBce assistants, in-
cluding not more than one himdred and
seventeen permanent positions
For traveling expenses ....
For other services, printing the annual re-
port, necessary office supplies and equip-
ment .......
1501-05 For expenses of impartial examinations, and
for expenses of industrial disease referees,
as authorized by section nine B of chapter
one hundred and fifty-two of the General
Laws, for the year nineteen hundred and
forty-seven and the previous year .
1601-01
1501-02
1501-03
1501-04
1501-21
Total
Division of Self Insurance:
For personal services and other expenses of
the division, as authorized by chapter sixty
of the acts of nineteen hundred and forty-
five, including not more than six perma-
nent positions .....
$42,500 00
213,900 00
8.000 00
19,000 00
35,000 00
$318,400 00
$14,860 00
Service of the Department of Labor and Industries.
1601-01 For the salaries of the commissioner, assist-
ant and associate commissioners, including
not more than five permanent positions $27,500 00
1601-02 For clerical and other assistance to the com-
missioner, including not more than five
permanent positions .... 9,120 00
1601-03 For personal services for the inspectional serv-
ice, including not more than seventy-
two permanent positions 165,340 00
1601-12 For traveling expenses of the commissioner,
assistant and associate commissioners 500 00
1601-13 For services other than personal, excluding
travel, for the administrative service, and
for services other than personal, including
travel, for the inspectional service . . 28,900 00
1601-31 For personal services for the division of occu-
pational hygiene, including not more than
ten permanent positions . . . 21,160 00
Acts, 1946. — Chap. 309.
279
Item
1601-32 For services other than personal, traveling ex-
penses, oflBce and laboratory supplies and
equipment, and rent, for the division of
occupational hygiene ....
1601-41 For personal services for the statistical serv-
ice, including not more than thirty-five
permanent positions, and for services other
than personal, printing report and publica-
tions, traveling expenses and office sup-
plies and equipment for the statistical
service .......
1601-51 For personal services for the division on
necessaries of life, including not more than
five permanent positions
1601-52 For services other than personal, traveling
expenses, office supplies and equipment
for the division on necessaries of life .
1601-53 For personal services in administering sec-
tions two himdred and ninety-five A to
two hundred and ninety-five O, inclusive,
of chapter ninety-four of the General
Laws, relating to the advertising and sale
of motor fuel at retail, including not more
than twelve permanent positions
1601-54 For other expenses in administering said sec-
tions two hundred and ninety-five A to
two himdred and ninety-five O, inclusive
1601-61 For clerical and other assistance for the board
of conciliation and arbitration, including
not more than ten permanent positions .
1601-62 For other services, printing, traveling ex-
penses and office supplies and equipment
for the board of conciliation and arbitration
1601-71 For personal services of investigators, clerks
and stenographers for the minimum wage
service, including not more than nineteen
permaneilt positions ....
1601-72 For services other than personal, printing,
traveling expenses and oflBce supplies and
equipment for minimum wage service
1601-73 For compensation and expenses of wage
boards .......
1601-81 For personal services for the division of
standards, including not more than seven-
teen permanent positions
1601-82 For other services, printing, traveUng ex-
penses and office supphes and eqvupment
for the division of standards .
$6,000 00
72,750 00
10,170 00
1,500 00
Total
24,360 00
5,800 00
36,280 00
6,000 GO
38,070 00
3,500 00
2,000 00
35,040 00
8,500 00
$502,470 00
Massachusetts Development and Indus-
trial Commission :
1603-01 (This item postponed.)
1603-02 (This item postponed.)
Labor Relations Commission :
1604-01 For personal services of the commissioners
and employees, including not more than
twenty permanent positions . . . $58,740 00
1604-02 For administrative expenses, including office
rent 8,000 00
Total $66,740 00
280
Acts, 1946. — Chap. 309.
Item
Division of Apprentice Training:
1605-01 For personal services of the members of the
apprenticeship council and clerical and
other assistants, as authorized by sections
eleven E to eleven L, inclusive, of chapter
twenty-three of the General Laws, includ-
ing not more than eight permanent posi-
tions .......
160.5-02 For other expenses, including travel, as au-
thorized by sections eleven E to eleven L,
inclusive, of chapter twenty-three of the
General Laws .....
Total
$18,600 00
4,900 00
$23,500 00
Service of the Department of Mental Health.
1701-01 For the salary of the commissioner
1701-02 For personal services of officers and em-
ployees, including not more than ninety-
two permanent positions
1701-03 For transportation and medical examination
of state charges under its charge for the
year nineteen hundred and forty-seven and
for previous years .....
1701-04 For other services, including printing the an-
nual report, traveling expenses, office sup-
plies and equipment, and rent .
1701-11 For the support of state charges in the Hos-
pital Cottages for Children
1 70 1 - 1 2 For the cost of boardi ng out of patients under
the provisions of section sixteen of chapter
one hundred and twenty-three of the Gen-
eral Laws ......
1701-13 For the maintenance of a unit for the segre-
gation of children at the Metropolitan state
hospital, including personal services and
certain other expenses in connection there-
with .......
Total
Division of Mental Hygiene :
1702-00 For expenses, including not more than sixty-
six permanent positions, of investigating
the nature, causes and results of mental dis-
eases and defects and the publication of the
results thereof, and of what further pre-
ventive or other measures might be taken
and what further expenditures for investi-
gation might be made which would give
promise of decreasing the number of per-
sons afflicted with mental diseases or de-
fects .......
Special :
1702-21 For the cost of boarding certain feeble-
minded persons in private homes
For the maintenance of and for certain im-
provements at the following institutions
under the control of the Department of
Mental Health:
1710-00 Boston psychopathic hospital, including not
more than one hundred and sixty-three
permanent positions ....
$10,000 00
195,780 00
4,000 00
45,000 00
39,000 00
100,000 00
18,000 00
$411,780 00
$157,115 00
$6,000 00
$305,830 00
Acts, 1946. — Chap. 309.
281
Item
1711-00 Boston state hospital, including not more
than six hundred and eighty permanent
positions $1,119,380 00
1711-26 For the cost of painting a certain iron fence
at the Boston state hospital . 5,000 00
1712-00 Danvers state hospital, including not more
than five hundred and fifty-one permanent
positions 1,068,730 00
1713-00 Foxborough state hospital, including not more
than three hundred and thirty permanent
positions 651,740 00
1714-00 Gardner state hospital, including not more
than three hundred and thirty-two perma-
nent positions 689,228 00
1715-00 Grafton state hospital, including not more
than four hundred and fifty-nine perma-
nent positions 842,845 00
1716-00 Medfield state hospital, including not more
than four hundred and fifty-five permanent
positions 851,735 00
1717-00 Metropolitan state hospital, including not
more than four hundred and seven perma-
nent positions 844.790 00
1717-29 (This item omitted).
1718-00 Northampton state hospital, including not
more than four hundred and fifty-four per-
manent positions ..... 890,685 00
1719-00 Taunton state hospital, including not more
than four hundred and fifty-seven perma-
nent positions 842,130 00
1720-00 Westborough state hospital, including not
more than four hundred and eighteen per-
manent positions 783,225 00
1721-00 Worcester state hospital, including not more
than six hundred and fifteen permanent
positions 1,243,385 00
1722-00 Mon«on state hospital, including not more
than four hundred and fifteen permanent
positions 746,386 00
1723-00 Belchertown state school, including not more
than three hundred and three permanent
positions 635,310 00
1724-00 Walter E. Femald state school, including not
more than four hundred and sixty-four per-
manent positions ..... 887,500 00
1724-21 For certain replacement«i and additions to
X-rav equipment at the Walter E. Femald
state' school 3,500 00
172.5-00 Wrentham state school, including not more
than four himdred and one permanent
positions ...... 772,450 00
Total $13,183,849 00
Service of the Department of Correction.
1801-01 For the salary of the commissioner . $6,000 00
1801-02 For jjersonal services of deputies, agents and
stenographers, including not more than
twenty-four permanent positions . 52,720 00
1801-03 For services other than personal, necessary
office supplies and equipment . 6,600 00
1801-04 For traveling expenses of officers and em-
ployees of the department, when required
to travel in the discharge of their duties . 1,500 00
282
Acts, 1946. — Chap. 309.
Item
1801-05 For the removal of prisoners, to and from
state institutions $7,000 00
1801-07 For the expense of the service of the central
index 1,000 00
Total $74,820 00
Division of Classification of Prisoners:
1801-08 For expenses of the division hereby author-
ized, including not more than ten perma-
nent positions ..... $24,850 00
Parole Board:
1801-21 For personal services of the parole board and
advisory board of pardons, agents, clerical
and other employees, including not more
than forty-three permanent positions . $102,500 00
1801-22 For services other than personal, including
necessary oflBce supplies and equipment . 3,400 00
1801-23 For traveUng expenses of oflBcers and em-
ployees of the parole board when required
to travel in the discharge of theix duties . 10,600 00
1801-24 For assistance to discharged prisoners . 1,000 00
Total $117,400 00
For the maintenance of and for certain
improvements at the following institu-
tions under the control of the Depart-
ment of Correction:
1802-00 State farm, including not more than four hun-
dred permanent positions . . . $1,084,040 00
1803-00 State prison, including not more than one
hundred and thirty-four permanent posi-
tions 457,300 00
1805-00 Massachusetts reformatory, including not
more than one hundred and seventy-six
permanent positions .... 628,235 00
1806-00 Reformatory for women, including not more
than one hundred and sixteen permanent
positions 344,010 00
1807-00 State prison colony, including not more than
one hundred and eighty-eight permanent
positions 609,545 00
Total $3,123,180 00
1901-01
1901-02
Service of the Department of Public Welfare.
Administration:
For the salary of the commissioner
For personal services of oflScers and em-
ployees, including not more than thirty
permanent positions ....
1901-03 For services other than personal, printing the
annual report, traveling expenses, including
expenses of auxiliary visitors, office sup-
plies and expenses ....
Total
$7,000 00
61,970 00
5.330 00
$74,300 00
Special :
1901-22 For personal services and expenses in con-
nection with the federal program for dis-
tribution of surplus commodities and the
Acts, 1946. — Chap. 309.
288
Item
school lunch progranij so called; provided,
that notwithstanding any other provision
of law persons employed hereunder shall
not be subject to the civil service laws or
the rules and regulations made thereunder,
nor to the laws regarding pensions and re-
tirement, but their employment and salary
rates shall be subject to approval of the
division of personnel and standardization .
$65,000 00
State Board of Housing:
1902-01 For personal services, including not more
than nine permanent positions . . $20,350 00
1902-02 For expenses, as authorized by section eight-
een of chapter eighteen of the General
Laws 5,800 00
Total $26,150 00
Division of Aid and Relief:
1904-01 For personal services of oflBcers and em-
ployees, including not more than one hun-
dred and twenty-four permanent positions $244,660 00
1904-02 For services other than personal, including
traveling expenses and office supphes and
equipment 22,300 00
Total $266,960 00
Division of Child Guardianship :
1906-01 For personal services of officers and em-
ployees, including not more than one hun-
dred and sixty-six permanent positions . $308,660 00
1906-02 For services other than personal, office sup-
plies and equipment .... 8,000 00
1906-03 For the care and maintenance of children,
including not more than two permanent
positions 2,150,000 00
Total $2,466,560 00
Tuition of children :
1907-01 For tuition in the public schools, including
transportation to and from school, of chil-
dren boarded by the department, for the
twelve months ending June thirtieth, nine-
teen hundred and forty-six
$350,000 00
The following items are for reimbursement
of cities and towns, and are to be in ad-
dition to any imexpended balances of
appropriations heretofore made for the
purpose:
1907-05 For the payment of suitable aid to certain
dependent children .... $2,600,000 00
1907-07 For the burial by cities and towns of indigent
persons who have no legal settlement 10,000 00
1907-08 For expenses in connection with smallpox and
other diseases dangerous to the public
health 180,000 00
1907-09 For the support of sick indigent persons who
have no legal settlement . 225,000 00
284
Acts, 1946. — Chap. 309.
Item
1907-10
For temporary aid given to indigent persons
with no legal settlement, and to ship-
wrecked seamen by cities and towns, and
for the transportation of indigent persons
imder the charge of the department .
Total
$1,000,000 00
$4,015,000 00
1908-01
1908-02
Division of Juvenile Training, Trustees of
Massachusetts Training Schools :
For services of the secretary and certain
other persons employed in the executive
office, including not more than seven per-
manent positions ..... $18,580 00
For services other than personal, including
printing the annual report, traveling and
other expenses of the members of the
board and employees, office supplies and
equipment 2,200 00
Boys' Parole:
1908-11 For personal ser\-ices of agents in the division
for boys paroled and boarded in families,
including not more than twenty-five per-
manent positions ..... 53,065 00
1908-12 For services other than personal, including
traveUng expenses of the agents and boys,
and necessary office supplies and equip-
ment 18,000 00
1908-13 For board, clothing, medical and other ex-
penses incidental to the care of boys . 24,000 00
Girls' Parole:
1908-31 For personal services of agents in the division
for girls paroled from the indu.strial school
for girls, including not more than eighteen
permanent positions . . . . 35,100 00
1908-32 For traveling expenses of said agents for girls
paroled, for board, medical and other care
of girls, and for services other than per-
sonal, office supplies and equipment 17,500 00
Total
$168,445 00
Instruction in pubhc schools:
1908-40 For reimbursement of cities and towns for
tuition of children attending the public
schools .......
$7,000 00
For the maintenance of and for certain im-
provements at the institutions under the
control of the trustees of the Massachu-
setts training schools, with the approval
of said trustees, as follows:
1915-00 Industrial school for boys, including not
more than one hundred and nine perma-
nent positions .....
1916-00 Industrial school for girls, including not more
than ninety-six permanent positions.
1916-22 For the purchase and installation, including
wiring, of certain electrical kitchen equip-
ment, and for other kitchen improvements
at the industrial school for girls
$243,200 00
218,530 00
8.000 00
Acts, 1946. — Chap. 309.
286
1918-00
1919-00
Item
1917-00 Lyman school for boys, including not more
than one hundred and forty-one permanent
positions ......
Total
Massachusetts Hospital School:
For the maintenance of the Massachusetts
hospital school, including not more than
one hundred and fifty-two permanent posi-
tions, to be expended with the approval of
the trustees thereof ....
Tewksbury State Hospital and Infirmary:
For the maintenance of the Tewksbury state
hospital and infirmary, including not more
than six hundred and sixty-three perma-
nent positions, to be expended with the
approval of the trustees thereof
Service of the Department of Public Health.
Administration :
For the salary of the commissioner
For personal services of the health council
and office assistants, including not more
than twenty-eight permanent positions
For services other than personal, including
printing the annual report, traveling ex-
penses, office supplies and equipment
Division of Local Health Administration:
For personal services of the director and as-
sistants, and district health officers and as-
sistants, including not more than thirty-one
permanent positions ....
For services other than personal, traveling
expenses, office supplies and equipment, and
rent .......
Division of Cancer and Other Chronic Dis-
2001-01
2001-02
2001-03
2002-01
2002-02
2003-01
2003-02
2004-01
2004r-02
For personal services of the division, includ-
ing not more than sixteen permanent posi-
tions .......
For other expenses of the division, including
cancer clinics .....
Division of Maternal and Child Health:
For personal services of the division, includ-
ing not more than twenty-two permanent
positions ......
For services other than personal, traveling
expenses, office supplies and equipment,
and rent ......
Division of Commimicable Diseases:
2005-01 For personal services of the director, epi-
demiologists, bacteriologists, and assistants
in the diagnostic laboratory and the Wass-
ermann laboratory, including not more
than thirty-seven permanent positions
2005-02 For services other than personal, traveling
expenses, laboratory, ofiice and other nec-
essary supplies, including the purchase of
animals and equipment, and including the
expenses of the Wassermann laboratory .
$335,800 00
$805,630 00
$276,040 00
$1,285,370 00
$7,500 00
45,460 00
22,500 00
92,000 00
20,000 00
36,440 00
46,000 00
40,150 00
20,000 00
69,180 00
12,500 00
286
Acts, 1946. — Chap. 309.
Item
Venereal Diseases:
2006-01 For personal services for the control of ve-
nereal diseases, including not more than
eight permanent positions
200&-02 For services other than personal, traveling
expenses, office supplies and equipment,
including the cost of medicines, hospital-
ization, and clinics, to be in addition to any
amount heretofore appropriated for the
purpose; provided, that the maximum
rate to be paid for hospitalization shall not
exceed four dollars and fifty cents per diem
Division of Biologic Laboratories:
2007-07 For personal services in the investigation and
production of antitoxin and vaccine lymph
and other specific material for protective
inoculation, diagnosis and treatment, in-
cluding not more than forty-seven perma-
nent positions .....
2007-08 For other services, supplies, materials and
equipment necessary for the production of
antitoxin and other materials as enumer-
ated above, and for rent
2008-02 For the purchase of laboratory supplies and
other equipment required for the organiza-
tion of a program for the production and
utilization of blood plasma and other prod-
ucts derived from blood, to be in addition
to any amount heretofore approprisited for
the purpose ......
2008-11 For personal services for a program for the
production and utilization of blood plasma
and other products derived from blood,
including not more than fifty-eight per-
manent positions; provided, that no charge
shall be made for said products
2008-12 For other expenses for a program for the pro-
duction and utilization of blood plasma
and other products derived from blood;
provided, that no charge shall be made
for said products .....
200&-01 (This item omitted.)
2009-02 (This item omitted.)
Inspection of Food and Drugs:
2012-01 For personal services of the director, analysts,
inspectors and other assistants, including
not more than thirty-one permanent posi-
tions ......
2012-02 For other services, including traveling ex-
penses, supplies, materials and equipment
Division of Sanitary Engineering:
2015-01 For personal services of the director, en-
gineers, chemists, clerks and other assist-
ants, including personal services for ad-
ministering the law relative to shellfish,
and including not more than fifty-one
permanent positions ...
2015-02 For other services, including traveling ex-
penses, supplies, materials and equipment,
and for expenses for administering the law
relative to shellfish
Total
$18,000 00
255,000 00
85,220 00
40,000 00
14,000 00
86,760 00
50,000 00
67,500 00
13,800 00
135,000 00
30,000 00
$1,207,010 00
Acts, 1946. — Chap. 309.
287
Item
2020-01
2020-02
2020-03
2020-11
2022-00
2022-27
2022-28
2023-00
2023-26
2024-00
2024-25
2025-00
2025-25
2031-00
2031-28
2031-29
Division of Sanatoria and Tuberculosis:
For personal services of the division, includ-
ing certain diagnostic clinics for tubercu-
losis, and including not more than twenty-
nine permanent positions
For other expenses of the division, including
certain diagnostic clinics for tuberculosis .
For expenses of hospitalization of certain
patients suffering from chronic rheuma-
tism, as authorized by section one hundred
and sixteen A of chapter one hundred and
eleven of the General Laws
To cover the payment of certain subsidies
for the maintenance of hospitals for tubercu-
lar patients ......
Total
For the maintenance of and for certain
improvements at the sanatoria, as fol-
lows:
Lakeville state sanatorium, including not
more than two hundred and twenty-seven
permanent positions ....
For certain improvements to the domestic
water supply tank at the Lakeville state
sanatorium ......
For painting certain fire protection equipment
at the Lakeville state sanatorium
North Reading state sanatorium, including
not more than one hundred and eighty-six
permanent positions ....
For the purchase and installation of a centrif-
ugal pump at the North Reading state
sanatorium ......
Rutland state sanatorium, including not
more than two hundred and forty-one per-
manent positions .....
For certain improvements to the water supply
system at the Rutland state sanatorium
Westfield state sanatorium, including not
more than two hundred and ninety-one
permanent positions ....
For certain improvements to the water supply
system at the Westfield state sanatorium .
Total
Pondville Hospital:
For maintenance of the Pondville hospital,
including care of radium, and including not
more than two hundred and thirty-five
permanent positions ....
For certain plumbing improvements .
For certain improvements to the refrigeration
system .......
Total ......
$70,000 00
15,000 00
35,000 00
385,000 00
$505,000 00
$365,520 00
800 00
1,000 00
274,750 00
1,500 00
429,425 00
4,725 00
483,970 00
3,200 00
$1,564,890 00
$329,550 00
1,500 00
2,640 00
$333,690 00
Service of the Department of Public Safety.
Administration:
2101-01 For the salary of the commissioner . . $6,000 00
2101-02 For personal services of clerks and stenog-
raphers, including not more than seventy-
seven permanent positions . . . 118,000 00
288
Ac3TS, 1946. — Chap. 309.
Item
2101-03
2102-01
2102-02
2102-03
2102-04
2103-01
2103-02
2103-03
2103-04
For contingent expenses, including printing
the annual report, rent of district offices,
supplies and equipment, and all other
things necessary for the investigation of
fires and motion picture Ucenses, as re-
quired by law, and for expenses of adminis-
tering the law regulating the sale and re-
sale of tickets to theatres and other places
of public amusement by the department of
pubUc safety .....
Total
Division of State Police:
For the salaries of officers and detectives, in-
cluding not more than three hundred and
nineteen permanent positions partly
chargeable to item 2970-04
For personal services of civ-ilian employees,
including not more than one hundred and
twenty-eight permanent positions .
For other necessary exjjenses of the division,
to be in addition to the amounts appro-
priated in item 2970-05 ....
For expert assistance to the commissioner
and for maintenance of laboratories, in-
cluding not more than five permanent
positions ......
Total
Fire Prevention Service:
For the salary of the state fire marshal .
For personal services of fire and other in-
spectors, including not more than eighteen
permanent positions ....
For other services, office rent and necessary
office supplies and equipment .
For traveling expenses of fire and other in-
spectors ......
Total
Division of Inspection:
2104-01 For the salary of the chief of inspections
2104-02 For ser^aces, supplies and equipment neces-
sary for investigations and inspections by
the division ......
2104-11 For the salaries of officers for the building
inspection service, including not more
than tliirty-one permanent positions
2104r-12 For traveling e.xpenses of officers for the build-
ing inspection service ....
2104-21 For the salaries of officers for the boiler in-
spection ser\dce, including not more than
twenty-six permanent positions
2104-22 For travehng expenses of officers for the
boiler inspection service ....
Total . . .
Board of Boiler Rules:
2104-31 For personal services of members of the
board, incluchng not more than four per-
manent positions . . . . .
$60,000 00
$184,000 00
$236,000 00
160,000 00
195.000 00
15,900 00
$606,900 00
$4,000 00
52,620 CO
4,000 00
13,000 00
$73,620 00
$4,000 00
2,000 00
85,540 00
15,200 00
73,260 00
12,500 00
$192,500 00
$1,000 00
Acts, 1946. —Chap. 309.
289
Item
2104-32
2105-01
210.5-02
2105-11
2105-12
2105-13
2106-01
2107-01
2108-01
For services other than personal and the
necessary traveling expenses of the board
$500 00
Total
State Boxing Commission :
(This item included in items 2105-11 and
2105-12.)
(This item included in item 2105-13.)
For compensation of appointive commis-
sioners .......
For clerical assistance for the state boxing
commission; including not more than three
permanent positions ....
For other expenses of the commission .
Total
Board of Standards:
For personal services and expenses of the
board, including not more than seven i^er-
manent positions .....
Board of Elevator Regulations:
For personal services and expenses of the
board of elevator regulations, as authorized
by chapter six hundred and forty-three of
the acts of nineteen hundred and forty-five,
including not more than eight permanent
positions ......
Board of Fire Prevention Regulations :
For personal ser\aces and expenses of the
board of fire prevention regulations, as
authorized by chapter seven hundred and
ten of the acts of nineteen hundred and
forty-five, including not more than six
permanent positions ....
$1,500 00
$6,000 00
4,680 00
11.000 00
$21,680 00
$4,000 00
$4,000 00
$4,200 00
2202-01
2202-02
Service of the Department of Public Works.
2200-02 For administering the law relative to adver-
tising signs near highways . . . .$20,720 00
Functions of the department relating to
waterwa3'^s and public lands:
For personal services of the director, chief
engineer and assistants, including not more
than sixty-seven permanent positions . 58,000 00
For services other than personal, including
printing pamphlet of laws and the annual
report, and for necessary office and en-
gineering supplies and equipment . 1,600 00
2202-03 For the care and maintenance of the province
lands and of the lands acquired and struc-
tures erected by the Pro\anceto-mi ter-
centenary commis.sion, including not more
than five permanent positions . . 8,000 00
For the compensation of dumping inspectors . 1,000 00
For the maintenance and repair of certain
property in the town of Plymouth, includ-
ing not more than two permanent positions 3,500 00
For the operation and maintenance of the
New Bedford state pier, including not
more than seven [)ermanent positions 13,000 00
2202-04
2202-06
202-07
290
Acts, 1946. — Chap. 309.
Item
2202-08
2202-09
2202-11
For the operation and maintenance of the
Cape Cod Canal pier, induding not more
than two permanent positions . . $5,000 00
For the maintenance of structures, and for
repairing damages along the coast line or
river banks of the commonwealth, and for
the removal of wrecks and other obstruc-
tions from tidewaters and great ponds . 50,000 00
For the improvement, development, main-
tenance and protection of rivers and har-
bors, tidewaters and foreshores within the
commonwealth, as authorized by section
eleven of chapter ninety-one of the General
Laws, and of great ponds, and any unex-
pended balance of the appropriation for
these purposes remaining at the end of the
current fiscal year may be expended in the
succeeding fiscal year; provided, that all
expenditures shall be upon condition that
at least fifty per cent of the cost is covered
by contributions from municipalities or
other organizations and individuals, ex-
cept that in the case of dredging channels
for harbor improvements at least twenty-
five per cent of the cost shall be so covered;
and, pro\'ided further, that the entire cost
of prehminary plans and surveys of work
to be undertaken hereunder may be borne
by the commonwealth .... 100,000 00
For re-establishing and permanently mark-
ing certain triangulation points and sta-
tions, as required by order of the land
court in accordance with section thirty-
three of chapter ninety-one of the General
Laws 800 00
2202-13 For expenses of surveying certain towp
boundaries, by the department of public
works . 300 00
Total $241,200 00
Functions of the department relating to
airports:
For personal services and other expenses of
operating the Logan airport . . . $200,000 00
2202-12
2230-01
Service of the Department of Public Utilities.
2301-01 For personal services of the commissioners,
including not more than five permanent
positions ...•••
2301-02 For personal services of secretaries, employees
of the accounting division, engineering
division, and rate and tariff division, in-
cluding not more than sixteen permanent
positions ......
2301-03 For personal services of the inspection divi-
sion, including not more than twenty-two
permanent positions ....
2301-04 For personal services of clerks, messengers
and office assistants, including not more
than eleven permanent positions
2301-05 For personal services of the telephone and
telegraph division, including not more
than seven permanent positions
.$36,000 00
52,765 00
58,520 00
19,115 00
18.840 00
Acts, 1946. — Chap. 309.
291
Item
2301-06 For traveling expenses of the commissioners
and employees .....
2301-07 For other expenses, including printing the
annual report and necessary office supplies
and equipment .....
2301-08 For stenographic reports of evidence at in-
quests held in cases of death by accident
on or about railroads, or caused by the
operation of motor vehicles for the carriage
of passengers for hire ....
Total
$6,500 00
10,000 00
300 00
$202,040 00
Special Investigations:
2301-09 For personal services and expenses of hearings
and special investigations, including legal
assistants and stenographic services as
needed; provided, that no salaries or ex-
penses of permanent employees shall be
charged to this item ....
2301-11 For personal services and expenses of an in-
vestigation of the Boston Elevated Rail-
way Company, as provided by section
three of chapter three hundred and thirty-
three of the acts of nineteen hundred and
thirty-one, and of a complete audit of the
finances of said company, including the
cost of preparation of the report of said
investigation and audit; provided, that no
salaries or expenses of permanent em-
ployees shall be charged to this item
2302-01
2302-02
Total
Investigation of Gas and Electric Light
Meters:
For personal services of the division of in-
spection of gas and gas meters, including
not more than twelve permanent positions
For expenses of the division of inspection of
gas and gas meters, including traveling and
other necessar}' expenses of inspection
Total ....
$15,000 00
20,000 00
$35,000 00
$28,255 00
4,500 00
$32,755 00
2304-01
2304-02
Commercial Motor Vehicle Di^^sion :
For personal services of the director and as-
sistants, including not more than twenty-
four permanent positions
For other services, necessary office supplies
and equipment, and for rent .
Total
$53,300 00
20,000 00
$73,300 00
Sale of Securities:
2308-01 For personal services in administering the
law relative to the sale of securities, includ-
ing not more than nine permanent positions $22,485 00
2308-02 For expenses other than personal in adminis-
tering the law relative to the sale of securi-
ties 2,900 00
Total $26,386 00
292
Acts, 1946. — Chap. 309.
Interest on the Public Debt.
Item
2410-00 For the payment of interest on the direct
debt of the commonwealth, to be in addi-
tion to the amount appropriated in item
2951-00
Requirements for Extinguishing the State Debt.
2420-00 For sinking fund requirements and for cer-
tain serial bonds maturing during the year
nineteen hundred and forty-seven, to be
in addition to the amount appropriated
$94,279 50
in item 2952-00
Bunker Hill Monument.
2801-C)0 For the maintenance of Bunker Hill monu-
ment and the property adjacent, to be ex-
pended by the metropolitan district com-
mission ......
2801-21 For certain repairs and improvements to the
monument, buildings and grounds, to be
expended by the metropolitan district
commission, and to be in addition to any
amount heretofore appropriated for these
purposes ......
Total
2805-01
2805-02
2811-02
2811-03
2811-04
2820-02
2820-04
Unclassified Accounts and Claims.
For the payment of certain annuities and
pensions of soldiers and others under the
proAdsions of certain acts and resolves
For payment of any claims, as authorized
by section eighty-nine of chapter thirty-
two of the General Laws, for allowances to
the families of certain employees killed or
fatally injured in the discharge of their
duties .......
For the compensation of veterans who may
be retired by the governor under the pro-
visions of sections fifty-six to fifty-nine,
inclusive, of chapter thirty-two of the
General Laws . . ...
For the compensation of certain prison
officers and instructors formerly in the
service of the commonv/ealth, now retired .
For the compensation of statepolice officers
formerly in the service of the- common-
wealth, now retired ....
For small items of expenditure for which no
appropriations have been made, and for
cases in which appropriations have been
exhausted or have reverted to the treasury
in pre\Tous years .....
For the compensation of certain public em-
ployees for injuries sustained in the course
of their employment, for the year nineteen
hundred and forty-seven and for previous
years, as provided by section sixty-nine of
chapter one hundred and fifty-two of the
General Laws, to be in addition to the
amounts appropriated by it«m 2970-07
$1,690,000 00
$13,090 00
26,500 00
$39,590 00
$10,000 00
12,000 00
275,000 00
65,000 00
57.000 00
1,000 00
45.000 (K)
Acts, 1946. — Chap. 309.
293
Item
2820-06
For reimbursement of persons for funds pre-
viousl}'- deposited in the treasury of the
commonwealth and escheated to the com-
monwealth $5,000 00
Total $470,000 00
Reserve for Cost of Food.
2820-31 For a reserve for expenses arising from pos-
sible increases in the cost of food the sum of
three hundred and fifty thousand dollars
is hereby appropriated and made available
for transfer with the approval of the com-
mission on administration and finance, to
appropriation items where the amounts
otherwise available for the purchase of food
are insufficient for the purpose .
$350,000 00
Purchase of Motor Vehicles.
2820-32 For the purchase of motor vehicles by the
state purchasing agent the sum of two
hundred thousand dollars is hereby appro-
5)riated. Motor vehicles piu-chased under
this item are to be allocated, with the
approval of the commission on adminis-
tration and finance, to the various depart-
ments and agencies of the commonwealth,
and transfers of the sums required for said
purchases are to be authorized by said
commission from the amount herein ap-
propriated to appropriations made for the
services of said departments and agencies .
$200,000 00
The Foi-lowixg Apvropbiations are jNIadk
Fund:
FROM TOE Highway
Service of the Department of Public Works.
Administration:
2921-01 For the salaries of the commissioner and the
associate commissioners, including not
more than three permanent positions
2921-02 For personal services of clerks and assistants
to the commissioner, including not more
than twelve permanent positions
2921-03 For traveling expenses of the commissioners
2921-04 For telephone service in the public works
building, including not more than six per-
manent positions .....
Total
$19,500 00
21,540 00
2,000 00
25,500 00
$68,540 00
Public Works Building:
2922-01 For personal services for the maintenance and
operation of the public works building, in-
cluding not more than sixtv-three perma-
nent positions . ' . $80,280 00
2922-02 For the salaries of guards for the public works
building, including not more than seven-
teen permanent positions 31,500 00
2922-03 For other expenses for the maintenance and
operation of the public works building . 53,000 00
Total $164,780 00
294
Acts, 1946. — Chap. 309.
Functions of the department relating to
highways :
2900-02 For personal services and expenses of admin-
istrative and engineering work performed
in connection with all highway activities;
for personal services and expenses of the
department secretary and department busi-
ness agent; and for the payment of dam-
ages caused by defects in state highways,
with the approval of the attorney general $3,750,000 00
2900-04 For the maintenance and repair of state high-
ways and bridges, including control of
snow and ice on state highways and town
roads, and for the maintenance of traffic
signs and signals; for personal services
and expenses of work for which the high-
way fund is reimbursed, other than work
in connection with projects included in
federal aid programs; for the cost, not ex-
ceeding seventy-five thousand dollars, of
increasing the inventory held in store-
rooms of the department; and for the pay-
ment of personal services and expenses in
connection with the purchase, construc-
tion and repair of shelters for depart-
mental equipment and material, the cost
of which is less than five thousand dollars
for each project 4,400,000 00
2900-09 For the construction and reconstruction of
state highways by state forces 200,000 00
2900-10 For projects for the construction and recon-
struction of highways and bridges, includ-
ing the elimination of grade crossings,
which have been approved by the proper
federal authorities to be included in federal
aid programs, and for land damages in con-
nection with such projects; to be in addi-
tion to amounts heretofore authorized for
these purposes 10,000,000 00
2900-11 (This item included in item 2900-12.)
2900-12 The unexpended balance on June thirtieth,
nineteen hundred and forty-six, appropri-
ated in item 2900-12 of section five of chap-
ter six hundred and eighty-nine of the acts
of nineteen hundred and forty-five is hereby
made available for expenditure during the
year nineteen hundred and forty-seven for
projects for improving state highways and
through routes, including bridges, and in-
cluding construction and reconstruction,
it being the intent of the general court that
state highways shall be made continuous
whether or not the sections to be made
state highways require construction work;
and, upon agreement with city or town
officials, for construction of needed im-
provements on other through routes not
designated as state highways and without
acceptance by the commonwealth of re-
sponsibility for maintenance; provided,
that any portion of said sum may be used
in connection with federal aid programs or
in conjunction with city or town funds.
Acts, 1946. — Chap. 309.
295
Item
2900-17 For projects for the construction and repair
of town and county ways, as provided in
subdivision two (a) of section thirty-four
of chapter ninety of the General Laws . S2,864,000 00
2900-18 For aiding towns in the repair and improve-
ment of pubhc ways, as provided in sec-
tion twenty-six of chapter eighty-one of
the General Laws, imder the terms pro-
vided in item 2900-18 of section five of
chapter six hundred and eighty-nine of the
acts of nineteen hundred and forty-five 2,076,000 00
2900-50 ] The existence of the public works stores and
55 / equipment account, established by items
2900-50 and 2900-55 of section two of
chapter sixty-eight of the acts of nineteen
hundred and forty-three, is hereby contin-
ued for the year nineteen hundred and
forty-seven under the terms and condi-
tions prescribed by said items of said chap-
ter sixty-eight; provided, that the total
amount to be expended for capital outlay
for the purchase of equipment from this
account in the year nineteen hundred and
forty-seven shall not exceed seven hundred
thousand dollars; and the sum of two hun-
dred thousand dollars is hereby appropri-
ated, to be in addition to any amounts
otherwise available for this purpose . 200,000 00
Special:
2923-72 For stream clearance projects, as authorized
by sections one to four, inclusive, of chaj>-
ter five hundred and thirteen of the acts of
nineteen hundred and thirty-nine 55,000 00
Total $23,545,000 00
Registration of Motor Vehicles:
2924-01 For personal services, including not more
than six hundred and seventy-nine per-
manent positions SI, 176,880 00
2924-02 For services other than personal, including
traveling expenses, purchase of necessary
supplies and materials, including cartage
and storage of the same, and for work in-
cidental to the registration and licensing
of owners and operators of motor vehicles . 505,000 00
2924-03 For printing and other expenses necessary in
connection with publicity for certain
safety work 5,000 00
Total $1,686,880 00
Metropolitan District Commission.
The following items are to be paid with
the approval of the metropolitan district
commission :
2931-01 For personal services and other expenses of
general administration, including not more
than fifty-one permanent positions, partly
chargeable to item 8501-00
2931-03 For maintenance of boulevards and park-
ways, including installation of traffic lights
$32,250 00
1,443,200 00
296
Acts, 1946. — Chap. 309.
Item
2931-04
For the construction, reconstruction and
improvement of boulevards and parkways,
including bridges, and including the re-
surfacing and repairing thereof, to be in
addition to any amount heretofore appro-
priated for the purpose ....
$1,000,000 00
Specials:
2931-30 For the cost of extending a certain drain at
Quincy shore boulevard, so called, to be in
addition to any amount heretofore appro-
priated for the purpose .... 3,000 00
2931-33 For the state's share of the costs of a co-
operative study by the Beach Erosion
Board of the federal government of beach
problems within the metropolitan district,
including Winthrop, Quincy shore, Lynn
shore, Revere beach and Nantasket, to be
in addition to any amount heretofore ap-
propriated for the purpose . 5,000 00
2931-34 For the cost of improvement of a certain drain
on the Old Colony Parkway, so called,
including the acquisition of such land as
may be necessary therefor 6,500 00
2931-35 For the cost of certain repairs for shore pro-
tection at Lynn shore, Quincy shore and
Uevere beach boulevard ... 40,000 00
2931-36 (This item included in item 2931-35.)
2931-37 (This item included in item 2931-35.)
2931-38 (This item omitted.)
2931-39 For certain grading and landscaping on the
Mystic Valley Parkway, so called . . 15,000 00
2931-40 (This item included in item 2931-04.)
2931-41 (This item included in item 2931-04.)
2931-42 (This item included in item 2931-04.)
2931-43 (This item omitted.)
2931-44 For the purchase and installation of certain
street lighting systems .... 157,000 00
Total $2,701,950 00
Interest on the Public Debt.
2951-00 For the payment of interest on the direct debt
of the cx)mmonwealth, to be in addition to
the amount appropriated in item 2410-00 .
$8,962 50
Requirements for Extinguishing the Stale Debt.
2952-00 For sinking fund requirements and certain
serial bonds maturing during the year nine-
teen hundred and forty-seven, to be in
addition to the amount appropriated in
item 2420-00
$8,500 00
Service of the Treasurer and Receiver-General.
State Board of Retirement:
2970-01 For requirements of annuity funds and pen-
sions for employees retired from the state
service under authority of law, to be in
addition to the amount appropriated in
item 0604-03
$36,000 00
Acts, 1946. — Chap. 309.
297
Service of the Department of Banking and Insurance.
Item
Division of Insurance:
2970-02 For other personal services of the division,
including expenses of the board of appeal
and certain other costs of supervising motor
vehicle liability insurance, to be in addi-
tion to the amount appropriated in item
1103-02 $70,000 00
Service of the Department of Corporations and Taxation.
2970-03 To cover the estimated cost of collection of
the gasoline tax, so called, and to be in
addition to the amount appropriated in
item 1201-02 $50,000 00
Service of the Department of Public Safety.
Division of State Police:
2970-04 For the salaries of officers and detectives, to
be in addition to the amount appropriated
in item 2102-01
2970-05 For other necessary expenses of the division,
to be in addition to the amount appropri-
ated in item 2102-03 ....
Special :
2970-06 For the purchase and installation of certain
two-way radio equipment in the state
police radio communication system; in-
cluding the cost of necessary construction
and alterations of buildings and structures
Total
$354,000 00
195,000 00
50,000 00
$599,000 00
Unclassified Accounts and Claims.
2970-07 For the compensation of certain public em-
ployees for injuries sustained in the course
of their employment, for the year nineteen
hundred and forty-seven and for previous
years, as provided by section sixty-nine of
chapter one hundred and fifty-two of the
General Laws, to be in addition to the
amount appropriated by item 2820-04
2970-09 For the estimated share of the cost of certain
administrative functions of the treasurer
and receiver-general, the auditor of the
commonwealth, and the commission on ad-
ministration and finance, properly charge-
able to the highway fund, the sum of one
hundred thousand dollars is hereby ap-
propriated to be allocated in the following
amounts for the purposes set forth in the
following items and to be in addition to
the amounts appropriated in said items
from the general fund:
Item 0414r-02 . . $2,500 00
Item 0414-03
Item 0414-04
Item 0414-05
Item 0414-06
Item 0601-02
Item 0701-02
40,000 00
2,500 00
15,000 00
10,000 00
15,000 00
15,000 00
$55,000 00
$100,000 00
298
Acts, 1946. — Chap. 309.
Item
Port of Boston Fund.
(All items included under the Port of Boston Fund are postponed for
further consideration.)
The Following Appropriations are made from the Inland Fish-
eries AND Game Fund:
Service of the Department of Conservation.
Division of Fisheries and Game:
3304-01 For the salary of the director $5,000 00
3304-02 For personal services of office assistants, in-
cluding not more than ten permanent posi-
tions 16,600 00
3304-03 For services other than personal, including
printing the annual report, traveling ex-
penses and necessary office supplies and
equipment, and rent .... 6,500 00
Enforcement of laws :
3304-11 For personal services of conservation officers,
to be in addition to the amount appropri-
ated in item 1004-11 .... 35,985 00
3304-12 For traveling expenses of conservation offi-
cers, and for other expenses necessary for
the enforcement of the laws, to be in addi-
tion to the amount appropriated in item
1004-12 12,600 00
Biological work:
3304-21 For personal services to carry on biological
work, including not more than one perma-
nent position 2,400 00
3304-22 For traveling and other ex-penses of the
biologist and his assistants . . . 1,500 00
Propagation of game birds, etc. :
3304-31 For personal services of employees at game
farms and fish hatcheries, including not
more than twenty-five permanent positions 90,000 00
3304-32 For other maintenance expenses of game
farms and fish hatcheries, and for the
propagation of game birds and animals and
food fish 111,500 00
Damages by wild deer and wild moose:
3304-35 For the payment of damages caused by wild
deer and wild moose, for the year nineteen
hundred and forty-seven and for previous
years, as provided by law
6,000 00
Supervision of public fishing and himting
grounds:
3304-41 For personal services .... 2,280 00
3304-42 For other expenses 1,000 00
Specials:
3304-43 For the cost of certain work in connection
with the improvement of streams and bird
cover, including increasing the supply of
feed for game birds ....
10,000 00
Acts, 1946. — Chap. 309.
299
Item
3304-45
3304-47
3304-48
3304-49
3304-50
3304r-51
3304-52
3304-53
For expenses of providing for the establish-
ment and maintenance of public fishing
grounds; provided, that none of the
money appropriated in this item shall be
used for the purchase of land .
For consultants and other personal services,
and for expenses, in connection with a bio-
logical survey of the streams and waters of
the commonwealth to be made under the
direction of the commissioner of conserva-
tion .......
For the cost of certain improvements at state
game farms ......
For the cost of certain improvements at state
fish hatcheries .....
(This item postponed.)
Division of Wild Life Research and Man-
agement (it is hereby pro^aded that
federal funds received as reimbursements
under the following items are to be
credited as income to the Inland Fisheries
and Game Fund):
For personal services, including not more than
four permanent positions
For other expenses .....
For expenses of estabhshing and conducting
co-operative wild life restoration projects,
as authorized by chapter three hundred
and ninety-two of the acts of nineteen him-
dred and thirty-eight, including not more
than four permanent positions
Total
$5,000 00
10,000 00
15,000 00
37,000 00
21,380 00
6,000 GO
25,000 00
$420,645 00
The Following Appropriation is Payable from Revenxtes received
UNDER Chapter 731 op the Acts of 1945:
Service of the Treasurer and Receiver-General.
3506-21 For personal services and other expenses of
the treasurer and receiver-general in con-
nection with the payment of the veterans'
bonus, so called, as authorized by chapter
^ seven hundred and thirty-one of the acts of
nineteen hundred and forty-five, to be in
addition to any amoimts heretofore made
available for the purpose $136,000 00
The Following Appropriations are Payable from Rbventjbs
credited to the Old Age Assistance Fund:
Service of the Alcoholic Beverages Control Commission.
3604-01 For personal services, including not more
than forty-five permanent positions . . $116,120 00
3604-02 For services other than personal, including
rent of offices, travel, and office and inci-
dental expenses ....
Total
29,000 00
$145,120 00
Service of the State Racing Commission.
3004-1 1 For personal services, including not more than
eight permanent positions
$94,036 00
300
Acts, 1946. — Chap. 309.
Item
3604-12
For other administrative expenses, includ-
ing rent of offices, travel, and office and
incidental expenses ....
Total
$16,300 00
$110,336 00
Service of the Department of Public Welfare.
3619-01 For personal services required for the ad-
ministration of old age assistance provided
by chapter one hundred and eighteen A
of the General Laws, including not more
than forty-seven permanent positions
3619-02 For other expenses, including rent, travel,
office supplies and other necessarj' expenses,
required for the administration of old age
assistance provided by said chapter one
hundred and eighteen A ...
Reimbursement :
3625 For reimbursement to cities and towns for old
age assistance for the year nineteen hun-
dred and forty-seven and for previous
years .......
$90,000 00
14,000 00
Total
20,000,000 00
$20,104,000 00
The Followinq Appropriations are Payable from the Mosquito
Control Fund:
3901
3915
State Reclamation Board.
For the maintenance and construction of
drainage ditches, as authorized by chapter
three hundred and seventy-nine of the acts
of nineteen hundred and thirty, as amended
by section one of chapter two hundred and
fifty of the acts of nineteen hundred and
thirty-five, to be assessed in the calendar
year nineteen hundred and forty-six .
For the maintenance and construction of
drainage ditches, as authorized by chapter
four hundred and fifty-six of the acts of
nineteen hundred and forty-five, to be as-
sessed in the calendar year nineteen hun-
dred and forty-six .....
Total
The Foii.owiNG Approprlations are Payable from
Salisbury Beach Reservation Fund:
$36,672 26
49,627 21
$86,299 47
Parks and
Division of Parks and Recreation.
4011 For personal services for certain administra-
tive purposes and for certain consulting
services, including not more than seven
permanent positions .... $37,000 00
4012 For travel and other administrative ex-
penses, including supplies for reservation
improvements ..... 8,000 00
4013 For the development of recreational oppor-
tunities in state forests, including personal
services and other expenses . 39,000 00
4021 For the maintenance of the Standish monu-
ment reservation 2,000 00
Acts, 1946. — Chap. 309. 301
Salisbury Beach Reservation:
4031 For the maintenance of SaUsbury beach res-
ervation, including not more than one {ler-
manent position $20,000 00
Total $112,600 00
The Following Appropriations are Payable from the Smoke
Inspection Fund:
Divisio7i of Smoke Inspection.
4311 For personal services, including not more
than twelve permanent positions . . $28,955 00
4312 For other services, printing the annual re-
port, travel, and necessary office supplies
and equipment ..... 3,000 00
Total $31,955 00
The Following Appropriations are Payable from the Prison
Industries Fund:
4401 For salaries of persons employed in the de-
partment of correction in certain super-
visory and administrative work in prison
industries, including not more than seven
permanent positions; provided, that of the
amount herein appropriated the propor-
tions properly chargeable to the prison
industries fund at the Massachusetts re-
formatory, the reformatory for women, the
state prison, and the state prison colony
shall be determined by the comptroller $21,300 GO
4411 For salaries of persons employed in indus-
tries at the Massachusetts reformatory,
including not more than twenty-five per-
manent positions ..... 54,200 00
451 1 For salaries of persons emploj'^ed in industries
at the reformatory for women, including
not more than thirteen permanent posi-
tions 25,000 00
461 1 For salaries of persons employed in industries
at the state prison, including not more than
twenty-eight permanent positions . . 58,000 00
471 1 For salaries of persons employed in industries
at the state prison colony, including not
more than twenty-si.x permanent positions 63,920 00
Total $222,420 00
Metropolitan District Commission Funds.
The follo^ving appropriations are to be as-
sessed upon the several districts in ac-
cordance with the methods fi.xed by law,
unless otherwise provided, and to be ex-
jjended under the direction and with the
approval of the metropolitan district
commission :
8501-00 For personal services and other exi^enses of
general administration, to be in addition
to the amount appropriated in item
2931-01 $96,750 00
302
Acts, 1946. — Chap. 309.
Item
8602-00 For maintenance of parks reservations, in-
cluding the retirement of veterans under
the provisions of the General Laws . . $706,990 00
8602-27 For the cost of suppressing gypsy moths, in-
cluding certain equipment, to be assessed
as part of the cost of maintenance of parks
reservations 15,000 00
8602-37 For the expense of holding band concerts, to
be assessed as part of the cost of mainte-
nance of parks reservations . . . 20,000 00
8602-45 For the cost of constructing a jetty and dredg-
ing a channel at Merrymount Beach, so
called, at Quincy shore, to be assessed as
part of the cost of maintenance of parks
reservations ...... 7,500 GO
8607-00 For maintenance of the Charles River basin,
including retirement of veterans under the
provisions of the General Laws . . 192,010 00
8611-00 For maintenance of the Nantasket Beach
reservation 65,165 GO
8611-25 For certain roofing repairs to certain build-
ings at the Nantasket Beach reservation,
to be assessed as part of the cost of main-
tenance of the Nantasket Beach reserva-
tion 12,000 00
8611-28 For certain roofing repairs to the waiting
room building, so called, at the Nantasket
Beach reservation, to be assessed as part
of the cost of maintenance of the Nan-
tasket Beach reservation . 3,000 00
8802-00 For the maintenance and operation of a sys-
tem of sewage disposal for the north metro-
politan sewerage district, including retire-
ment of veterans under the provisions of
the General Laws 523,165 00
8802-29 (This item postponed.)
8802-30 (This item postponed.)
8802-31 (This item postponed.)
8802-32 (This item postponed.)
8802-33 (This item postponed.)
8807-00 For the maintenance and operation of a sys-
tem of sewage disposal for the south
metropolitan sewerage district, including
retirement of veterans under the provisions
of the General Laws . . . . 342,685 00
8807-25 For the purchase and installation of a new
pump and priming system at the Ward
Street pumping station, to be assessed as
part of the maintenance of the south metro-
politan sewerage system .... 40,000 00
8807-26 For certain repairs and replacements of win-
dow sashes and frames at the Ward Street
pumping station, to be assessed as part of
the maintenance of the south metropolitan
sewerage system ..... 7,500 00
8807-28 For the cost of rebuilding a certain collapsed
section of sewer in Dorchester, to be as-
sessed as part of the maintenance of the
south metropoUtan sewerage system 86,000 00
8902-00 For the maintenance and operation of the
metropolitan water system, including re-
tirement of veterans under the provisions
of the General Laws .... 1,230,400 00
Acts, 1946. — Chap. 309.
303
Item
8902-22 For emergency repairs to water mains, to be
included as a part of the cost of mainte-
nance of the metropolitan water system . $10,000 00
8902-24 For payment to the county commissioners of
Worcester county of certain assessments
upon the former town of Dana, to be in-
cluded as a part of the cost of maintenance
of the metropolitan water system . . 400 00
8902-25 For personal services of metropolitan district
police at the Quabbin Reservoir, so called,
including not more than ten permanent
positions, to be included as a part of the
cost of maintenance of the metropolitan
water system 22,600 00
8902-34 For the construction of additions and im-
provements to certain supply and distribu-
tion mains, as a part of the cost of mainte-
nance of the metropolitan water system, to
be in addition to any amount heretofore
appropriated for the purpose . . . 300,000 00
8902-35 For maintenance expenses, including personal
services, of property held and operated by
the metropoUtan water supply commission,
to be included as a part of the cost of main-
tenance of the metropolitan water system , 200,000 00
8902-43 For the construction of a building to house
certain equipment at the Weston Reser-
voir, so called, to be included as a part of
the cost of maintenance of the metropolitan
water system ..... 5,000 00
8902-44 For the construction of a building to house
certain equipment at the Bear Hill Reser-
voir, so called, to be inchided as a part of
the cost of maintenance of the metropolitan
water system 5,000 00
$3,891,165 00
Total
Total Funds:
General Fimd .....
Highway Fund .....
Inland Fisheries and Game Fund
Veterans' Fund (chapter 731, Acts of 1945)
Old Age Assistance Fund .
Special Assessment Funds .
Prison Industries Fund
Metropolitan District Commission Funds
(The above totals include amounts apprO'
priated in section seven.)
$68,312,295 70
31,611,167 50
473,730 00
186,000 00
20,428,126 00
267,074 47
283,380 00
4,516,000 00
Section 3. No payment shall be made or obligation
incurred under authority of any special appropriation made
by this act for construction of public buildings or other
improvements at state institutions until plans and specifica-
tions have been approved by the governor, unless otherwise
provided by such rules and regulations as the governor may
make.
Section 4. No moneys appropriated under this act
shall be expended for reimbursement for the expenses of
meals for persons while travehng within the commonwealth
at the expense thereof, unless such reimbursement is in
304 Acts, 1946. — Chap. 309.
accordance with rules and rates which are hereby authorized
to be estabhshed from time to time by the commission on
administration and finance.
Section 5. The allowance to state employees for ex-
penses incurred by them in the operation of motor vehicles
owned by them and used in the performance of their official
duties shall not exceed five and one half cents a mile.
Section 6. Amounts included for permanent positions
in sums appropriated in section two for personal services
are based upon schedules of permanent positions and salary
rates as approved by the joint committee on ways and means,
and, except as otherwise shown by the files of said com-
mittee, no part of sums so appropriated in section two shall
be available for payment of salaries of any additional perma-
nent positions, or for payments on account of reallocations
of permanent positions, or for payments on account of any
change of salary range or compensation of any permanent
position, except as provided by section seven of this act.
Section 7. To meet the cost of the salary increases for
certain state employees other than those whose salaries are
established by statute, as set forth in a letter dated April 16,
1946, from the director of the division of personnel and
standardization to the joint committee on ways and means
and approved by said joint committee, the sum of eleven
million four hundred and seventy-four thousand four hundred
and fifty-six dollars is herebj'' appropriated for the fiscal
year 1947 to be paid in the following amounts from the
following funds :
General Fund .....
Highway Fund .....
Inland Fisheries and Game Fund
Veterans' Fund (chapter 731, Acts of 1945)
Old Age Assistance Fund
Parks and Salisbury Beach Reservation Fund
Smoke Inspection Fund ....
Prison Industries Fund ....
Metropolitan District Commission Funds
$8,064,131 00
2,516,55.5 00
53,085 00
50,000 00
68,670 00
29,230 00
6,990 00
60,960 00
624,835 00
$11,474,456 00
The sum herein appropriated is based upon estimates
prepared by the division of personnel and standardization
and incorporated in said letter, which have been approved
by the joint committee on ways and means, of the amounts
required to be added to each of the appropriation items for
personal services in section two of this act, in order to meet
the cost of said salary increases. The comptroller is hereby
directed to transfer said amounts from the sum herein appro-
priated to said appropriation items in section two of this
act, the same to be in each instance in addition to the
amounts already appropriated in said items.
Section 8. In addition to the payment of regular salaries,
sums appropriated for personal services in the fiscal year
nineteen hundred and forty-seven shall be available for the
payment of such other forms of compensation as may be
Acts, 1946. — Chap. 310. 305
due under existing statutes, or under the provisions of rules
and regulations made in accordance with said statutes.
Section 9. All money paid into the treasury of the com-
monwealth from federal subventions and grants may be
expended without specific appropriation, if such expenditures
are otherwise in accordance with law; provided, that applica-
tions for such subventions and grants, and for transfers
within said subventions and grants, shall be subject to the
approval of the commission on administration and finance.
Section 10. The budget commissioner is hereby directed
to send a copy of sections three to nine, inclusive, of this act
to each departmental, divisional and institutional head
immediately following the passage of this act.
Section 11. Sections one to nine, inclusive, of this act
shall take effect on July first, nineteen hundred and forty-six.
Approved May 16, 1946.
An Act providing that admission of patients to cer- Chap. SIO
tain county tuberculosis hospitals be based upon
their places of settlement.
Be it enacted, etc., as follows:
Section 1. Chapter one hundred and eleven of the Gen- g. l. (Ter.
eral Laws is hereby amended by striking out section seventy- f^ended.' ^ ^^'
eight, as appearing in the Tercentenary Edition, and insert-
ing in place thereof the following section : — Section 78. The counties to
county commissioners of each county in the commonwealth ^[°a^care°^
shall provide, as required by sections seventy-eight to ninety, for certain
inclusive, adequate hospital care for all persons having set- FeHnTfrom"
tlements in towns having less than one hundred thousand ^"bMcufosis.
population as determined by the last national census, within
the boundaries of their respective counties, irrespective of
the residence of such persons, and all residents therein having
no settlement within the commonwealth, who are suffering
from pulmonary tuberculosis, who need such hospital care
and for whom adequate hospital provision does not already
exist, and in any such case the tuberculosis hospital in said
county shall be deemed to serve each town in the hospital
district in said county with respect to the persons for whom
hospital provision is required to be provided as aforesaid;
provided, that the county commissioners of any county elect-
ing so to do shall provide by contract in accordance with
section seventy-nine adequate hospital care, as required by
sections seventy-eight to ninety, inclusive, for all persons re-
siding in hke towns within the boundaries of their county
who are suffering from pulmonary tuberculosis, who need
such hospital care and for whom adequate hospital provision
does not already exist.
Section 2. Said chapter one hundred and eleven is hereby o. l. (Ter.
further amended by strikmg out section eighty-eight, as fss.'eVi'
amended by section two of chapter five hundred of the acts "tended.
of nineteen hundred and forty-three, and inserting in place
thereof the following section : — Section 88. Patients shall o/^^tfinrs
306
Acts, 1946. — Chap. 310.
Paymenta. etc. \jq admitted to Said hospitals through application by the
boards of health of the towns served by such hospitals, and
all patients shall be admitted in the order of their application.
Upon the request of any registered physician the board of
health shall forward forthwith to the hospital an applica-
tion for admission of any person found to be afflicted with
pulmonary tuberculosis; provided, that if a person found to
be so afflicted resides in a town in the hospital district of a
county where admission of patients is based on their place
of settlement and has a settlement in a town in the hospital
district of another such county, the board of health of the
town where such person resides shall give notice of the case
to the board of health of the town of settlement which shall
make application for the admission of such person to the
hospital serving the town of settlement. The charge for the
support of a patient in any of said hospitals shall be paid by
the town sending him to the hospital except that, if the
patient has no known settlement in the commonwealth, the
charge shall be paid by it, upon the approval of the bills by
the department of public welfare, in the manner provided
by section one hundred and sixteen. Such charges may
afterward be recovered by the town or by the state treas-
urer, as the case may be, from the patient, if he is able to
pay, or from any person or kindred bound by law to main-
tain him, in the manner provided by section sixty-six for
the recovery of unpaid charges for the support of inmates of
the state sanatoria. Patients may be discharged only in
accordance with rules and regulations established by the
medical staff of the hospital and approved by the superin-
tendent thereof.
Section 3. Said chapter one hundred and eleven is hereby
further amended by striking out section eighty-eight A, in-
serted by said section two of said chapter five hundred, and
inserting in place thereof the following section : — Section
88 A. If a person, residing in a town in the hospital district
of a county where admission of patients is based on their
place of settlement and having a settlement in a town in the
hospital district of another such county, is found to be
afflicted with pulmonary tuberculosis and his case is, in the
opinion of the superintendent of the hospital in whose dis-
trict he resides, an emergency one, he may be admitted to
the hospital on application of the board of health of the town
in which he resides and the town of settlement shall be liable
to the town of residence at the rate of six dollars for each
day while such person is a patient at such hospital. The
period of such emergency and hospitalization shall be deter-
mined by the superintendent of the hospital^ Whenever
accommodations are available, patients not entitled to be
admitted under section eighty-eight and not emergency cases
may be admitted on terms approved by the trustees but not
at rates lower than the total approximate cost for patients
entitled to be admitted under section eighty-eight.
Approved May 16, 1946.
G. L. (Ter.
Ed.), 111.
§ 88A. etc.,
amended.
Emergency
and non-
Rate of
charges,
Acts, 1946. — Chaps. 311, 312. 307
An Act providing fob the maintenance in the state nfini) 31 1
HOUSE OF the headquarters OF THE DEPARTMENT OF ^'
MASSACHUSETTS, UNITED SPANISH WAR VETERANS, AND
FOR THE PRESERVATION OP ITS HISTORY AND RECORDS.
Be it enacted, etc., as follows:
Section sixteen of chapter thirty-three of the General g^^'sJ^'""
Laws, as appearing in section one of chapter four hundred § I'e,' etc.,
and twenty-five of the acts of nineteen hundred and thirty- «™®''^«^-
nine, is hereby amended by adding at the end thereof the
following paragraph : —
The adjutant general shall include in his annual budget Headquarters
estimates a sum not exceeding fifteen hundi-ed dollars to be pL\ment of
used to aid in defraying the expenses of maintaining in the ^us^'un'ited
state house the headquarters of the Department of Massa- Spanish war
chusetts. United Spanish War Veterans, and in preserving ml*inta?ned° ^^
its history and records. Payments for such aid shall be
made upon the presentation of vouchers to the comptroller
therefor, approved by the commander of said department.
Approved May 16, 1946.
An Act exempting certain producers of milk from phn^ qio
MAKING CERTAIN REPORTS AS MILK DEALERS. ^*
Be it enacted, etc., as follows:
Section thirteen of chapter ninety-four A of the General Sj^-i'^F-
Laws is hereby amended by striking out the first paragraph § 13.' ett.,'
of subsection (e), added at the end thereof by chapter one ^^lended.
hundred and thirty-four of the acts of nineteen hundred
and forty-five, and inserting in place thereof the following
paragraph: —
Except as to markets in which there is in operation information
and effect an order or regulation issued by the legally con- by mifk^^"^^
stituted authorities of the United States regulating the dealers.
marketing 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 required
to be hcensed under this chapter, except a milk dealer
ehgible for exemption under subsection (6) of section four,
and except a milk dealer who is also a producer selling to
consumers not more than fifty quarts of milk daily, 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 : —
Approved May 16, 1946.
308
Acts, 1946. — Chap, 313.
G. L. (Ter.
Ed.), 175,
§ 139, etc.,
amended.
Exchange,
alteration oi
conversion
of certain
life policies.
Chap.SlS An Act relative to the exchange, alteration or con-
version OF LIFE INSURANCE POLICIES AND ANNUITT
contracts.
Be it enacted, etc., as follows:
Chapter one hundred and seventy-five of the General
Laws is hereby amended b}^ striking out section one hundred
and thirty-nine, as most recently amended by chapter three
hundred and thirty-five of the acts of nineteen hundred and
forty-five, and inserting in place thereof the following
section: — Sectioji 139. Any life company may, at the
request of the holder thereof, exchange, alter or convert any
policy of life or endowment insurance or annuity contract
issued by it, hereinafter called the original policy, for or
into any policy of life or endowment insurance, hereinafter
called the rewritten policj^, conforming (a) with the laws in
force when the original policy was issued, if the rewritten
policy bears the date thereof, or (6) with the laws in force
when the rewritten policy is issued, if it bears a then current
date; provided, that, if the rewritten pohcy bears the date
of the original pohcy, the amount of insurance under the
rewritten policy shall not exceed the amount of insurance
under the original policy, if one of life or endowment insur-
ance, or the amount of insurance which the premium paid
for the original policy would have purchased if the rewritten
policy had been originally issued, whichever is the greater.
Nothing in section one hundred and twenty shall be con-
strued to prohibit the exchange, alteration or conversion of a
policy of life or endowment insurance or annuity contract
under this section, and sections one hundred and twenty-
three and one hundred and thirty shall not apply to a re-
written policy issued under the authority of this section,
except that section one hundred and twenty-three shall
apply if the original policy is an annuity contract. Nothing
in section one hundred and thirty-one or section one hundred
and thirty-two shall be construed to prohibit making the
application for the original policy, if one of life or endowment
insurance, or the application for the rewritten policy issued
under authority of this section, or both such applications,
a part of the rewritten policy, by endorsing thereon or attach-
ing 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 rewritten policy issued under
authority of this section and bearing a then current date,
of a stipulation making the incontestable provision required
by said section one hundred and thirty-two operative from
the date of issue of the original pohcy, if one of life or en-
dowment insurance. Approved May 16, 1946.
Acts, 1946. — Chaps. 314, 315. 309
An Act relative to the tenure of office of the city Chav.S14:
COLLECTOR OF THE CITY OF REVERE AND TO THE MANNER
OF HIS ELECTION AND REMOVAL.
Be it enacted, etc., as follows:
Section 1. The city collector of the city of Revere in
office at the time this act takes effect and any person there-
after elected to fill any vacancy existing in such office shall
hold office during good behavior and until the city council
shall remove him therefrom in accordance with the provi-
sions of chapter thirty-one of the General Laws and the
rules made thereunder relative to removals from the classi-
fied public service. After this act takes effect, any vacancy
in the office of city collector in said city shall be filled by
election by its cit}^ council.
Section 2. This act shall be submitted to the voters of
said city at the biennial state election to be held in the current
year in the form of the following question, which shall be
placed upon the official ballot to be used in said city at said
election: "Shall an act passed by the general court in the
year nineteen hundred and forty-six, entitled 'An Act rela-
tive to the Tenure of Office of the City Collector of the
City of Revere and to the Manner of his Elec-
tion and Removal ', be accepted? " If a major-
ity of the votes cast on said question are in the
affirmative, this act shall thereupon take full effect, but not
otherwise. Approved May 16, 194-6.
An Act authorizing the city of boston to refund to Chap. 316
the somerset hotel company of boston a certain
alcoholic beverages license fee.
Be it enacted, etc., as follows:
Section 1. The city of Boston is hereby authorized to
refund to Somerset Hotel Company the proportionate
amount of the fee paid by 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-
five, based on the length of time during which the licensing
board for the city of Boston is satisfied that no premises
were open for business under authority of said license.
Section 2. Said refund by said city shall in no way affect
any license issued to said Somerset Hotel Company under
section twelve of said chapter one hundred and thirty-eight
for years subsequent to nineteen hundred and forty-five.
Section 3. This act shall take full eifect upon its accept-
ance, during the current year, by vote of the city council of
the city of Boston, approved by the mayor, but not other-
wise. Approved May 16, 1946.
YES.
NO.
310 Acts, 1946. — Chaps. 316, 317.
(7A,ap,316 An Act authorizing the city of boston to pay a sum
OF money to inocentia f, maguire for injuries sus-
tained BY her at the BRIGHTON HIGH SCHOOL IN SAID
CITY.
Be it enacted, etc., as follows:
Section 1. For the purpose of discharging a moral obli-
gation, the city of Boston may pay to Inocentia F. Maguire
a sum of money not exceeding one thousand five hundred
dollars to reimburse her on account of injuries received by
her at the Brighton High School in said city.
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.
Approved May 16, 1946.
C hap. S17 An Act relative to the date of expiration of permits
for operating certain boats upon the waters of
lake boone in the towns of stow and hudson.
Be it enacted, etc., as follows:
Section 1. Section six of chapter seven hundred and
twelve of the acts of nineteen hundred and forty-one is hereby
amended by striking out, in the seventh line, the words "for
one year" and inserting in place thereof the words: — until
the following December thirty-first, — so as to read as fol-
lows: — Section 6. No person shall operate a motor boat
or boat propelled by other than muscular power upon the
waters of said lake unless the owner or person in possession
of the boat shall have obtained from the selectmen of the
town of Stow, if he resides therein, otherwise from the select-
men of the town of Hudson, a permit to allow said boat to
be operated. Such permit shall be in force until the follow-
ing December thirty-first, and shall be in such form and
subject to such conditions and restrictions as may from
time to time be prescribed by said commission. The per-
mit shall be at all times in an easily accessible place in the
boat when the same is being operated.
Section 2. Any provision in section six of chapter seven
hundred and twelve of the acts of nineteen hundred and
forty-one, as amended by section one of this act, to the con-
trary notwithstanding, any permit referred to in said section
six in force upon the effective date of this act shall, unless
sooner revoked or suspended, remain in full force and effect
until the termination of the period for which it was issued.
Section 3. This act shall take effect upon its passage.
Approved May 17, 1946.
Acts, 1946. — Chaps. 318, 319. 311
An Act relative to the hours for playing baseball C hap. S18
GAMES ON THE LORD'S DAY.
Whereas, The deferred operation of this act would tend ^™'"^^f ''^
.' . . , ^, , , Mil preamble.
to defeat its purpose, which is m part to make possible dur-
ing the current baseball season the pla3''ing of certain base-
ball games on the Lord's day beyond the hour of six thirty
post meridian, therefore it is hereby declared to be an emer-
gency law, necessary for the immediate preservation of the
pubhc convenience.
Be it enacted, etc., as follows:
Section 1. Chapter one hundred and thirty-six of the g. l. (Ter.
General Laws is hereby amended by striking out section f 21.' e\^c^;
twenty-one, as most recently amended by chapter one hun- amended.'
dred and sixty-nine of the acts of nineteen hundred and
thirty-five, and inserting in place thereof the following sec-
tion : — Section 21 . In any city which accepts sections Certain sports
twenty-one to twenty-five, inclusive, by vote of its city permltt^d^n
council and in any town which accepts said sections by vote ^^""^'^ '^^y-
of its inhabitants, it shall be lawful on the Lord's da}'- to
take part in or witness any athletic outdoor sport or game,
as hereinafter provided, between the hours of one thirty and
six thirty post meridian and, in the case of a baseball game,
for a further period beyond the hour of six thirty post merid-
ian but onl}'- so long as the game can be played without
the aid of artificial lighting. In any such city or town, it
shall be lawful on the Lord's day to take part in or witness,
as hereinafter provided, any indoor hockey game between
the hours of one thirty and eleven post meridian or any in-
door basketball game between the hours of three and seven
post meridian.
Section 2. Chapter three hundred and three of the acts 1943. chap.
of nineteen hundred and forty-three is hereby repealed. '^^^- '"^p^^'^'^-
Approved May 17, 1946.
An Act authorizing the issuance of all alcoholic Chav. S19
beverages licenses to the victoria, inc., and hotel ^'
bostonian, inc.
Be it enacted, etc., as follows:
The Licensing board for the city of Boston is hereby au-
thorized to issue two hotel or restaurant all alcoholic bever-
ages licenses under section twelve of chapter one hundred
and thirty-eight of the General Laws, notwithstanding any-
thing to the contrary infsection seventeen of said chapter
one hundred and thirty-eight, one to The Victoria, Inc., a
Massachusetts corporation and the other to Hotel Bostonian,
Inc. a Massachusetts corporation; provided, that said
corporations shall apply for the same within six months
after the effective date of this act. Said licenses shall be
312 Acts, 1946. — Chap. 320.
counted as licenses issued and outstanding for the purpose
of quota restrictions under said section seventeen of said
chapter one hundred and thirty-eight.
Approved May 17, 1946.
Chav. 320 ^^ ^ct establishing the thorndike fire and water
DISTRICT IN THE TOWN OF PALMER.
Be it enacted, etc., as foUvws:
Section 1. The inhabitants of the town of Palmer,
liable to taxation in said town and residing within the terri-
tory comprised within the following boundarj-^ lines, — to
wit: beginning at a point in the center of the highway
leading from the village of Thorndike to the village of Three
Rivers where said highway crosses the railroad; thence
running in a line at right angles to the highway to a point;
thence in a line three hundred feet from and parallel to
High street to a point; thence southwesterly in a line two
hundred feet from and parallel to the northerly line of
Harvey street and said line extended to a point ; thence
turning at right angles and running in a course two hundred
feet distant from the end of Harvey street to a point ; thence
turning and running northeasterly in a line two hundred
feet from and parallel to the southerly line of Harvey street
to a point; thence turning and running southwesterly in a
line three hundred feet from and parallel to the southwesterly
line of High street and Palmer road to a point; thence turn-
ing at right angles running across Palmer road to a point
four hundred feet from the easterly boundary of Palmer
road, said crossing of Palmer road being six hundred feet
distant from the intersection of the center lines of High
street and Church street; thence running northeasterly
to a point on the northeasterly side of Center street; thence
turning and running three hundred feet from and parallel
to the easterly lines of Gay avenue and River street to a
point; thence turning and running at right angles crossing
River street and the Ware river to its westerly bank, said
crossing of River street being two thousand eight hundred
feet northerly from the end of Gay avenue; thence turning
and running northwesterly to a point in tlie center line of
Pine avenue extended and two hundred feet from the end
of said avenue ; thence running at right angles to the center
line of Pine avenue extended northwesterly two hundred
and fifty feet; thence turning and running southwesterly
in a line parallel to the northwesterly line of Pine avenue
to a point; thence turning and running northwesterly in a
line two hundred feet from and parallel to Church street;
thence turning and running northeasterly in a line two
hundred feet from and parallel to the easterly line of Sum-
mer street to a point in the southerly line of the right of
way of the Boston and Maine Railroad; thence running by
said southerly line of right of way and crossing Summer
Acts, 1946. — Chap. 320. 318
street to a point ; thence turning and running southwesterly
in a Une two hundred feet from and parallel to the westerly
line of Summer street to a point; thence turning and running
northwesterly in a line two hundred feet from and parallel
to the northeasterly line of Pleasant street to a point; thence
turning at right angles and crossing Pleasant street, said
crossing of Pleasant street being distant three thousand one
hundred and fifty feet from the intersection of the center
lines of Pleasant and Summer streets, thence continuing
southwesterly across the Ware river to its southerly bank;
thence running westerly by the southerly bank of Ware
river to a point ; thence turning and running southerly by a
line at right angles to the highway to the point of beginning,
— shall constitute a water district and are hereby made a
body corporate bj^ the name of the Thorndike Fire and
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 cohect rates to be paid therefor, and for the purposes
of assessing and raising taxes as provided herein for the
paj^ment 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 provided herein. The district
shall have power to prosecute and defend all actions relating
to its property and affairs.
Section 2. For the purposes aforesaid, the district, act-
ing by and through its board of water commissioners herein-
after provided for, may contract with any municipality,
acting through its water department, or with anj^ water
company, or with any water district, including the metro-
pohtan water district acting through the metropolitan dis-
trict commission, for whatever water may be required, au-
thority to furnish the same being hereby granted, and,
subject nevertheless to section fifteen, 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, which are within
the town of Palmer and, except in the case of property
referred to in said section fifteen, not already- appropriated
for the purposes of a public water supply, and the water
and flowage rights connected with any such water sources;
and for said purposes may take as aforesaid, or acquire by
purchase or otherwise, and hold all lands, rights of way and
other easements necessary for collecting, storing, holding,
purifying and preserving the purity of the water and for
convejang the same to any part of said district; provided,
that no source of water supply or lands necessary for pre-
serving the quality of the water shall be so taken or used
314 Acts, 1946. — Chap. 320.
without first obtaining the advice and approval of the de-
partment of public health, and that the location and arrange-
ment of all dams, reservoirs, springs, wells, pumping, puri-
fication 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 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 main-
tenance of complete and effective water works; and for that
purpose may construct pipe lines, wells and reservoirs and
establish pumping works, and may construct, lay, acquire
and maintain aqueducts, conduits, pipes and other works
under or over any land, water courses, railroads, railways
and public or other ways, and along such ways, in said town,
in such manner as not unnecessarily to obstruct the same;
and for the purposes of constructing, laying, maintaining,
operating and repairing such aqueducts, conduits, pipes and
other works, and for all proper purposes of this act, the dis-
trict may dig up or raise and embank any such lands, high-
ways 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 Palmer. The district shall not enter upon, or construct
or lay any conduit, pipe or other works within, the location
of any railroad corporation except at such time and in such
manner as it may agree upon with such corporation, or, in
case of failure so to agree, as may be approved by the de-
partment 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 con-
struction 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
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, sixty-six thousand dollars,
Acts, 1946. — Chap. 320. 315
and may issue" bonds or notes therefor, which shall bear on
their face the words, Thorndike Fire and Water District
Loan, Act of 1946. 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 pajTnents 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
Palmer 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 he.reinafter provided for, in such man-
ner as thej^ 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
maimer in all respects in which town taxes are required by
law to be assessed; provided, that no estate shall be subject
to any tax assessed on account of the system of water supply
under this act if, in the judgment of the board of water com-
missioners hereinafter provided for, after a hearing, due
notice whereof shall have been given, such estate is so situ-
ated that it wUl receive no aid in the extinguishment of fire
from the said system of water supply, or if such estate is so
situated that the buildings thereon, or the buildings that
might be constructed thereon, could not be supplied with
water from said system in any ordinar}^ or reasonable man-
ner; but all other estates in the district shall be deemed to
be benefited and shall be subject to such tax. A certified
list of the estates exempt from taxation under 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 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
oolleoted.^n town taxes.
316 Acts, 1946. — Chap. 320.
Section 8. Any meeting of the voters of the territory
inckided 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 majoritj^ of the water commissioners, shall be called,
on petition of ten or more legal voters therein, by a warrant
from the selectmen of said town, or from a justice of the peace,
directed to one of the petitioners, requiring him to give notice
of the meeting by posting copies of the warrant in two or
more public places in the district seven days at least before
the time of the meeting. Such justice of the peace, or one
of the selectmen, shall preside at such meeting until a clerk
is chosen and sworn, and the clerk shall preside until a moder-
ator is chosen. At any meeting held hereunder prior to the
acceptance of this act, after the choice of a moderator for
the meeting the question of the acceptance of this act shall
be submitted to the voters, and if it is accepted by a majority
of the voters present and voting thereon it shall thereupon
take effect, and the meeting may then proceed to act on the
other articles in the warrant. After the qualification of a
majority of the water commissioners, meetings of the dis-
trict shall be called by warrant under their hands, unless
some other method be provided by by-law or vote of the
district.
Section 9. The district shall, after the acceptance of this
act as aforesaid, elect by ballot, either at the same meeting
at which this act shall have been accepted, or thereafter, at
an annual meeting or at a special meeting called for the pur-
pose, three persons, inhabitants of and voters in said dis-
trict, to hold office, one until the expiration of three years,
one until the expiration of two years, and one until the ex-
piration of one year, from the day of the next succeeding
annual district meeting, to constitute a board of water com-
missioners; and at every annual district meeting following
such next succeeding annual district meeting one such com-
missioner shall be elected by ballot for the term of three
years. The date of the next annual meeting shall be fixed
by by-law or by vote of the board of water commissioners,
but in no event shall it be later than fifteen months subse-
quent to the date on which the water commissioners were
first elected. All the authority granted to 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 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
Acts, 1946. — Chap. 320. 317
surety. A majority of said water commissioners shall con-
stitute a quorum for the transaction of business. Any va-
cancj^ occurring in said board from any cause may be filled
for the remainder of the unexpired term by said district at
any legal meeting called for the purpose. No money shall
be drawn from the treasury of the district on account of its
water works except upon a written order of said water
commissioners or a majority of them.
Section 10. Said board of water commissioners shall fix
just and equitable prices and rates for the use of water, and
shall prescribe the time and manner of payment. The 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 v/ater
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 com-
missioners 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.
Section 13. Upon a petition in writing addressed to said
board of water commissioners requesting that certain real
estate, accurately described therein, located in said town
and abutting on said district and not otherwise served by a
public water supply be included within the limits thereof,
and signed by the owners of such real estate, or a major por-
tion of such real estate, said water commissioners shall cause
a duly warned meeting of the district to be called, at which
318 Acts, 1946. — Chap. 321.
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 thirty 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. The district shall have all the rights of fire
districts contained in chapter forty-eight of the General
Laws not inconsistent with this act and the board of water
commissioners established hereunder shall have all the
powers and duties conferred upon prudential committees
and boards of engineers under said chapter forty-eight.
Section 15. Nothing in this act shall authorize the dis-
trict to supply water for the extinguishment of fires or for
domestic or other purposes to the inhabitants of the area
served on the effective date of this act by M. William Holden
and Julia S. Holden, or their heirs and assigns, without first
having acquired by purchase, or by eminent domain under
chapter seventy-nine or chapter eighty A of the General
Laws, as the occasion may arise, all of the properties of said
M. William Holden and Julia S. Holden, or their heirs and
assigns, on said date appurtenant to the business of water
supply and located within the area served by said M. William
Holden and Julia S. Holden, or their heirs and assigns. In
case of dispute as to the area served by said M. William
Holden and Julia S. Holden, or their heirs and assigns, on
said date, the department of public utilities, upon applica-
tion of the district or of said M. William Holden and Julia S.
Holden, or their heirs and assigns, shall determine such area
and such determination shall be final.
Section 16. This act shall take full effect upon its ac-
ceptance by a majority vote of the voters of the territory in-
cluded within said district by section one of this act present
and voting thereon, by the use of a check list, at a district
meeting called, in accordance with section eight, within four
years after its passage. Approved May 17, 1946.
Chap. 321 An Act further increasing certain weekly benefits
UNDER THE WORKMEN'S COMPENSATION LAW.
Be it enacted, etc., as follows :
G^L.(Ter. SECTION 1. Chapter one hundred and fifty-two of the
§3'4,'etc..' General Laws is hereby amended by striking out section
thirty-four, as most recently amended by chapter seven
hundred and seventeen of the acts of nineteen hundred and
forty-five, and inserting in place thereof the following sec-
.^°*„tL;t„ tion: — Section 34. While the incapacity for work result-
ing from the injury is total, the insurer shall pay the injured
employee a weekly compensation equal to two thirds of his
amended.
incapacity.
Acts, 1946. — Chap. 322. 319
average weekly wages, but not more than twenty-five dol-
lars nor less than eighteen dollars a week unless the weekly
wages of the injured employee are less than eighteen dollars,
in which case said weekly compensation shall be equal to his
average weekly wages; provided, that the amount does not
exceed ten thousand dollars.
Section 2. Section thirty-four A of said chapter one g. l. (Ter.
hundred and fifty-two, as most recently amended by said f six^etc.,
chapter seven hundred and seventeen, is hereby further amended. '
amended by striking out the first paragraph and inserting
in place thereof the following paragraph : — While the in- Payments for
capacity for work resulting from the injury is both permanent anTtotar*
and total the insurer shall pay to the injured employee, fol- disability.
lowing payment of the maximum amount of compensation
provided in sections thirt^'^-four and thirty-five, or either of
them, a weekly compensation equal to one half of the aver-
age weekly wages, but not more than twenty-five dollars
nor less than eighteen dollars, during the continuance of
such permanent and total incapacity. Application for pay-
ments under this section may be made by an injured em-
ployee before he has received the maximum compensation
to which he is or may be entitled under the aforesaid sec-
tions.
Section 3. Said chapter one hundred and fifty-two is g. l. (Ter.
hereby further amended by striking out section thirty-five, fUletc.',
as most recently amended by said chapter seven hundred amended.
and seventeen, and inserting in place thereof the following
section : — Section 35. While the incapacity for work result- P'^'**^^.
ing from the injury is partial, the insurer shall pay the in- Lmount'df'
jured employee a weekly compensation equal to the entire payments.
difference between his average weekly wage before the
injury and the average weekly wage he is able to earn there-
after, but not more than twenty-five dollars a week; and the
amount of such compensation shall not be more than ten
thousand dollars.
Section 4. This act shall apply only in case of personal Application.
injuries occurring on or after its effective date.
Approved May 17, 1946.
An Act providing for the acquisition by the city of (Jfidj) 322
BOSTON OF THE PROPERTY OF THE DEDHAM AND HYDE "'
PARK GAS AND ELECTRIC LIGHT COMPANY LOCATED WITHIN
SAID CITY AND THE LEASE THEREOF TO THE BOSTON CON-
SOLIDATED GAS COMPANY.
Be it enacted, etc., as follows:
Section 1. The city of Boston, hereinafter referred to
as the city, acting through its public works department, and
without other authority than that contained in this act, may
at any time before January first, nineteen hundred and
forty-eight, purchase or take by eminent domain under
chapter seventy-nine of the General Laws the property of
320 Acts, 1946. — Chap. 322.
the Dedham and Hyde Park Gas and Electric Light Com-
pany located within said city.
Section 2. The taking or takings by eminent domain
authorized herein shall be made and damages therefor deter-
mined and paid under and in accordance with said chapter
seventy-nine. The city, acting by its transit department,
with the approval of the mayor, may make payment for
damages for all property taken under authority of this act
out of the proceeds of bonds issued by the city under the
provisions of section six, but if the amount of the proceeds
available from such bonds is insufficient to pay the full
amount of such damages, the city shall nevertheless be liable
for such damages, irrespective of any legal limit of indebted-
ness previously provided by law.
Section 3. Before acquiring any property under au-
thority of this act, said pubhc worlcs department, in the name
and on behalf of the city, shall execute a contract in writing
with the Boston Consolidated Gas Company, hereinafter
called the company, upon such terms and conditions, not
inconsistent with the provisions of tliis act, as said public
works department and the board of directors of the company
may agree upon, for the use by the company of the property
proposed to be acquired, for such term as may be agreed
upon by said public works department and the company.
The company shall pay for the use of the premises a rental
at the rate of four and one half per cent per annum upon the
fair and reasonable value of the property as agreed upon by
said public works department and the company, or, in case of
difference, as determined by the department of pubUc utili-
ties. In case the company shall be kept out of possession or
deprived of the use of the premises, or any part thereof, by
any act on the part of the city or of any person or corporation
claiming an adverse interest in said property, the rental or a
just and reasonable part thereof as agreed upon by said
public works department and the company, or, in case of
difference, as determined by the department of public utili-
ties, shall be suspended or abated during the time the com-
pany is so kept out of possession or deprived of the use of
the property, or any part thereof. In case the city shall,
during the term of such contract, reimburse the company for
capital expenditures upon the property as provided in section
four, the amount of such reimbursement shall be added to
the fair and reasonable value of the property for the purpose
of determining the rental thereafter payable by the company
for the use of the property.
Section 4. Said contract for use shall require the return
of the property to the city at the termination of said use in
as good order and condition as at the beginning, and shall
provide that the company may from time to time make such
alterations, replacements, additions and improvements in and
to the property as the company shall deem to be necessary or
advisable to put the property in good operating condition;
provided, that no such alterations, replacements, additions
Acts, 1946. — Chap. 322. 321
or improvements shall be made, except in case of emergency,
without the written consent of the said pubUc works depart-
ment or a certificate from the department of public utilities
that the proposed work is reasonably necessary or advisable
to put the property in good operating condition. In case of
any such alteration, replacement, addition or improvement,
the department of public utilities shall on application of the
company determine what proportion thereof, if any, con-
stitutes a proper charge against capital, and the city shall
thereupon pay the same to the company. If the city shall
not make said payments when due, the company shall be
entitled to deduct the amount thereof, with interest, from
any rental subsequently payable to the city for the use of the
property.
Section 5. There shall be made, as of the date when
the use of the property by the company begins and as of the
date when the use terminates, a full and complete inventory,
description and valuation of the property by a board of
three persons, one appointed by said public works depart-
ment, one by the company, and the third chosen by the two
so appointed or, in case of their failure to agree upon a third
person, by the governor. In case the valuation so made as
of the date when the use begins, plus all capital improvements
and betterments for which the company has been reimbursed
by the city, shall exceed the valuation at the termination of
the use, the company shall pay over to the city an amount
equal to such excess, and in case such valuation as of the date
when the use begins, plus all capital improvements and bet-
terments for which the company has been reimbursed by the
city, is less than the amount of the valuation at the termina-
tion of the use, the city shall pay over to the company an
amount equal to such deficit.
Section 6. The treasurer of the city shall from time to
time, on request of the transit department, and without
further authorization than herein contained, issue and sell
at public or private sale bonds of the city, registered or with
interest coupons attached, as he may deem best, to an amount
not exceeding the cost of carrying out the provisions of this
act. Such bonds shall bear on their face the words, Hyde
Park Gas Loan, shall be for such terms, not exceeding forty-
five years, as the mayor and treasurer of the city may deter-
mine; and shall bear interest, payable semi-annually, at
such rate as the treasurer shall determine. The proceeds of
such bonds, including any premium realized from the sale
thereof, shall be used to meet all damages, cost and expenses
incurred by said public works department or by the city in
carrying out the provisions of this act. The board of com-
missioners of sinking funds of the city shall estabhsh a sink-
ing fund for the payment of the bonds issued under this act.
The proceeds from any sale or sales of property taken, or ac-
quired by purchase or otherwise, under authority of this act
shall be used for the same purpose as the rental of said prop-
erty or shall be used for the payment of expenditures incurred
322 Acts, 1946. — Chap. 323.
for the acquisition of said property, as said public works de-
partment may determine. All rentals, toUs, percentages or
other compensation received by the city under the provisions
of this act shall annually be used by the treasurer of the city,
first, to meet the requirements of any deficiency in said sink-
ing fund; second, to meet the interest on said bonds; and
the surplus, if any, as a part of the general revenue of the city.
The city shall have, hold and enjoy in its private or proprie-
tary capacity, for its own property, the property acquired by
it under the provisions of this act, and all rents, tolls, income
and profits from all contracts entered into by it for the use
of said property or any part thereof, and the same shall never
be taken by the commonwealth except on payment of just
compensation.
Debts incurred by the city for the purposes of this act shall
not be considered in determining the statutory limit of in-
debtedness of the city.
Section 7. In respect to the use and operation of the
property, the company shall have all the powers and privi-
leges and be subject to all the duties, liabilities, restrictions
and provisions set forth in general and special laws now or
hereafter in force applicable to it.
Section 8. The contract for the use of the property
executed in accordance with the authority conferred by this
act shall not in any respect impair any right which the com-
monwealth or the city or any other licensee of the common-
wealth may at any time have to take the properties of the
company. In the event of such taking, the compensation to
be paid to the company shall not be enhanced by reason of
such contract, nor shall it be diminished because of the fact
that without it properties might be cut off.
Section 9. This act shall take full effect upon its accept-
ance by vote of the city council of the city of Boston, ap-
proved by the mayor, and the filing of a certificate evidencing
such acceptance with the secretary of the commonwealth.
Such action shall be taken within the current year.
Approved May 17, 194.6.
C/iap. 323 An Act authorizing the department of public util-
ities TO license the operation of certain motor
vehicles for the carriage of persons for hire over
one or more routes in the city of boston.
Be it enacted, etc., as follows:
Section 1. The department of pubhc utilities, upon
application by any person or corporation holding licenses, in
full force and effect, granted by the licensing authorities of
the town of Salisbury, the city of Newburyport, the towns
of Newbury, Rowley, Ipswich, Topsfield, Danvers, the city
of Peabody, the towns of Lynnfield, Saugus, and the cities of
Melrose, Maiden, Everett and Cambridge, under section
one of chapter one hundred and fifty-nine A of the General
Acts, 1946. — Chap. 324. 323
Laws, as amended, or under corresponding provisions ' of
earlier laws, covering a route from the Massachusetts-New
Hampshire state line in the town of Salisbury to the Boston-
Everett boundary line and to the Boston-Cambridge
boundary line, may grant to such person or corporation a
license to operate motor vehicles for the purpose set forth
in said section one over a route or routes within the city of
Boston determined by said department, and no further
license therefor shall be required. Before granting such
license, said department shall give a public hearing upon the
apph cation therefor, after due notice to the city council of
said city. Said department shall not grant such license
unless it finds that public necessity and convenience require
that the applicant be allowed to operate motor vehicles
over such route or routes. A license granted hereunder by
said department shall confer the same rights and shall be
subject to the same provisions of law as if granted by the
city council of said city under said section one.
Section 2. This act shall take effect upon its passage.
Approved May 18, 1946.
An Act continuing in effect the temporary provisions C/iap. 324
REGARDING PAYMENT FOR THE CARE OF INSANE PERSONS
BOARDED OUT BY THE DEPARTMENT OF MENTAL HEALTH.
Whereas, The deferred operation of this act would tend in Emergency
part to defeat its purpose, which is to make certain that the p^®''™"^-
existing temporary law relative to payments for the care of
insane persons boarded out, which ceases to be operative on
June thirtieth in the current year, continues in force, 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. Notwithstanding the provisions of section
sixteen of chapter one hundred and twenty-three of the
General Laws, the cost to the commonwealth of the board
of patients supported at the public expense and placed at
board by the department of mental health or by the super-
intendents of state institutions under its supervision, under
the provisions of said section sixteen, shall not exceed eight
dollars a week for each patient.
Section 2. In accordance with the pertinent provisions
of section seventeen of chapter one hundred and twenty-
three of the General Laws the bills for support shall be paid
out of any appropriation made for the purpose.
Section 3. This act shall take effect on July first in the
current year and shall cease to be operative on June thirtieth,
nineteen hundred and forty-seven.
Approved May 18, 1946.
324
Acts, 1946. — Chaps. 325, 326.
Emergencj
preamble.
Chap. S25 An Act reviving trap's creek fishing company in
EDGARTOWN.
Whereas, 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:
Trap's Creek Fishing Company in Edgartown, a corpora-
tion dissolved by section one of chapter one hundred and
thirty-nine of the acts of nineteen hundred and thirty-two,
is hereby revived with the same powers, duties and obliga-
tions as if said chapter had not been passed; and all acts
and proceedings of the officers and directors of said corpora-
tion, acting as such, which would be legal and valid but for
the passage of said chapter, are hereby ratified and confirmed.
Approved May 18, 1946.
Chap.d2Q -^N -Act amending the law in respect to the excise
UPON charges for meals.
Eme^enc.v Whereos, The deferred operation of this act would tend to
defeat its purpose, which in part is to make immediately
effective certain amendments to the laws relative to the
excise on meals removing from such laws certain provisions
now productive of a large amount of litigation, therefore
this act is hereby declared to be an emergency law, necessary
for the immediate preservation of the public convenience.
G. L. (Ter.
Ed.). 64B,
§ 1. etc..
amended.
Term
"Taxable
rharge"
defined.
G. L. (Ter.
Ed.). 64B,
§ 2, etc.,
amended.
Tax on
meals, etc.
Be it enacted, etc., as follows. •
Section 1. Section one of chapter sixty-four B of the
General Laws, as amended by section one of chapter six
hundred and sixtj^-three of the acts of nineteen hundred and
forty-five, is hereby further amended by striking out the
paragraph defining "Taxable charge" and inserting in place
thereof the following paragraph : —
"Taxable charge", any amount charged for meals wherever
furnished within the commonwealth, including cover and
other charges, for which the purchaser is charged as a total
one dollar or more, except meals furnished by any person or
corporation while transporting passengers for hire by air
to or from any place within the commonwealth.
Section 2. Said chapter sixty-four B is hereby further
amended by striking out section two, as amended by sec-
tion two of said chapter six hundred and sixty-three, and
inserting in place thereof the following section: — Sec-
tion 2. There is hereby levied and there shall be collected
and paid a tax equivalent to five per cent of the amount
charged for all meals, including cover and other charges, if
any, for which the purchaser is charged as a total one dollar
or more, wherever furnished within the commonwealth.
Acts, 1946. — Chap. 327. 325
The commissioner shall prescribe the method of determining
the portion of an entire charge which is applicable to meals in
the event that such entire charge is in part for meals and in
part for lodging or any other item or service. The excise
shall be paid by the taxpayer to the commissioner at the
time and in the manner hereinafter provided.
Section 3. Said chapter sixty-four B is hereby further g. l. (Ter.
amended by striking out section three, as amended by sec- f l.^^t^ct^'
tion three of said chapter six hundred and sixtj^-three, and amended.
inserting in place thereof the following section : — Section 3. J^^^^fl^l^^,,^^
Every taxpayer shall register with the commissioner and certificates,
pay to him the sum of one dollar, upon receipt of which the ot\"e*t?r
commissioner shall issue a numbered identification certifi-
cate in such form as he may determine, attesting that such
registration has been made. The certificate so issued shall
remain in effect so long as the taxpayer is engaged in serving
meals for taxable charges and has complied with the provi-
sions of this chapter. No taxpayer shall engage in serving
meals for any charge without such registration certificate.
Violation of any provision of this section shall be punishable penalty.
by a fine of not less than two hundred nor more than five
hundred dollars. Approved May IS, 194G.
An Act revising certain provisions of law relative Chav. 327
TO the use and maintenance of revolving doors,
so called, in certain buildings.
Whereas, The deferred operation of this act would tend to Emergency
defeat its purpose, which is to immediatelj^ make certain preamble.
urgently needed changes in the laws relating to safety in
buildings and structures, therefore it is hereby declared to
be an emergency law, necessary for the immediate preserva-
tion of the pubHc safety and convenience.
Be it enacted, etc., as follows:
Section 1. Section twenty-one B of chapter one hun- g. l. (Ter.
dred and forty-three of the General Laws, as most recently l^oiij^tu-..
amended by section one of chapter seven hundred and amended. '
twenty-two of the acts of nineteen hundred and forty-five,
is hereby further amended by adding at the end the following
paragraph : —
Notwithstanding the foregoing provisions of this section. Exception,
an inspector may issue a certificate authorizing the installa-
tion, maintenance or use of a revolving door as an immediate
exit or means of egress to the outside of a building, which
certificate shall be posted conspicuously on or near said door;
provided, that no such certificate shall be issued unless,
between any place of assembly in such building and such
door, there exists one or more unobstructed areas of safety,
including stairv,^ays, exit corridors and similar areas, which
are, in the opinion of the inspector, sufficient to accommodate
with safety all persons reasonably to be expected to use the
same as means of egress or escape from such place of as-
326
Acts, 1946. — Chap. 328.
G. L. (Ter.
Ed.), 143,
new § 21C,
added.
Certificate to
be issued
under certain
conditions.
sembly or such building, nor unless said door is of a type
approved by the inspector. Such revolving door, unless the
building existed prior to July first, nineteen hundred and
forty-six, and the inspector determines that strict com-
pliance with this requirement is neither practicable nor
necessary for the safety of persons using the same, shall be
in addition and immediately adjacent to the exit or exits
or other means of egress required by the provisions of this
chapter. Such certificate shall continue in force and effect
only while such door is maintained in a safe and operable
condition, as evidenced by the affidavit of the person having
control of the same filed with the inspector at least once in
every period of three consecutive months. Such person
shall be responsible, both civilly and criminally, for any
violation of any of the applicable provisions of law relative
to the installation, maintenance or use of such door.
Section 2. Said chapter one hundred and forty-three
is hereby further amended by inserting after section twenty-
one B the following section: — Section 21C._ An inspector
may issue a certificate authorizing the installation, main-
tenance or use of a revolving door as an immediate exit or
means of egress to the outside of any building subject to
section fifteen or section twenty-one and not subject to sec-
tion twenty-one B, which certificate shall be posted con-
spicuously on or near said door. Such revolving door,
unless the building existed prior to Jul}'- first, nineteen hun-
dred and forty-six, and the inspector determines that strict
compliance with this requirement is neither practicable nor
necessary for the safety of persons using the same, shall be
in addition and immediately adjacent to the exit or exits or
other means of egress required by the provisions of this
chapter. Such certificate shall continue in force and effect
only while such door is maintained in a safe and operable
condition, as evidenced by the affidavit of the person having
control of the same filed with the inspector at least once in
every period of three consecutive months.
Approved May 18, 1946.
Chap. S2S An Act relative to the use of certain park land known
AS THE TOWN BEACH ON THE SOUTHERLY SIDE OF SURF
DRIVE IN THE TOWN OF FALMOUTH.
Be it enacted, etc., as follows:
Section 1. The town of Falmouth is hereby authorized,
upon a vote to that effect at any town meeting called for
the purpose, to discontinue the use for park purposes of the
park land known as the Town Beach, lying on the southerly
side of Surf drive between Shore street and Mill road, and
thereafter to use and maintain said park land as a town
bathing beach or for such other municipal pm'poses as said
town from time to time may determine, and said town may
restrict the use of the same to its inhabitants, their guests
Acts, 1946. — Chaps. 329, 330. 327
and seasonal residents, and may adopt by-laws, not re-
pugnant to law, relative to the use, care, regulation and
control of the same for such purposes.
Section 2. This act shall take effect upon its passage.
Approved May 18, 1946.
An Act increasing the debt limit in towns. Chap. S29
Whereas, There is immediate need for the enlargement ^^fmbi""^
of the borrowing capacity of certain towns as provided by
this act, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the pubUc
convenience.
Be it enacted, etc., as follows:
Section ten of chapter forty-four of the General Laws, as g. l. (Ter.
most recently amended by section one of chapter twenty- fto.'etl)'.,
four of the acts of nineteen hundred and thirty-nine, is amended.'
hereby further amended by striking out, in the fifth line,
the word "three" and inserting in place thereof the word: —
five, — so as to read as follows: — Section 10. Except as Debt
otherwise authorized by law, a city shall not authorize '""'*•
indebtedness to an amount exceeding two and one half per
cent, and a town shall not authorize indebtedness to an
amount exceeding five per cent, on the average of the as-
sessors' valuations of the taxable property for the three
preceding years, the valuations being first reduced by the
amount of all abatements allowed thereon previous to Decem-
ber thirty-first of the preceding year; provided, that the
value of motor vehicles and trailers taxable under chapter
sixty A, as determined thereunder, shall be used in deter-
mining the valuation of taxable property for the purposes
of this section. All debts, except those expressly authorized
by law to be incurred outside the debt limit, shall be reck-
oned in determining its limit of indebtedness under this
section. In determining the debt limit for Boston here-
under the provisions of chapter ninety-three of the acts of
eighteen hundred and ninety-one and of section one of chap-
ter one hundred and ninety-one of the acts of nineteen
hundred and three shall apply. Approved May 18, 1946.
An Act establishing a permanent special police force njiaj) 330
FOR THE TOWN OF WELLESLEY AND SETTING FORTH THE ^'
rights, powers and duties of THE MEMBERS THEREOF.
Be it enacted, etc., as follows:
Section 1. There is hereby established a permanent
special police force for the town of Wellesley, composed of
not more than fifty members, all or any of whom may be
caUed into service as police officers of said town by the chief
of pohce or by the selectmen whenever he or they shall
determine that the service of police officers in addition to
those of the regular police force of said town is required.
328 Acts, 1946. — Chap. 331.
No member of the permanent special police force shall be
called into service as a police officer while there are members
of the regular police force of said town available for service.
Any member of said permanent special police force when
called into service may be compensated for his service at
the daily rate established for the compensation of regular
police officers of said town and shall have all of the powers,
duties and rights of said police officers, including the rights
of said police officers to compensation for injury or disa-
bility incurred in line of duty.
The widow and children of any member of said perma-
nent special police force who is killed, or dies from injuries
received, or dies as a natural and proximate result of under-
going a hazard peculiar to his employment, 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 chap-
ter thirty-two of the General Laws.
Said permanent special police force and appointments
made thereto shall not be subject to the provisions of chap-
ter thirty-one of the General Laws, and no member of said
force shall, by reason of his active service under call, be-
come entitled to any retirement benefits.
Any member of said permanent special police force may
be removed by the selectmen at any time for any reason
satisfactory to them, and members of said force shall wear
such uniforms, carry such insignia and equipment and be
subject to such rules and regulations as the selectmen may
from time to time prescribe.
The members of said permanent special police force shall
be available for service in other places on requisition as
provided by section ninety-nine of chapter forty-one of the
General Laws.
The selectmen of said town of Wellesley may forthwith
appoint fifty male residents of said town to said special
police force and may thereafter fill such vacancies as may
from time to time occur therein.
Section 2. This act shall take effect upon its passage.
Approved May 18, 1946.
Chap. 331 An Act further regulating the depositing in banks
OF FCNDS BELONGING TO, OR DEPOSITED FOR THE BENE-
FIT OF, PATIENTS OF THE TEWKSBURY STATE HOSPITAL
AND INFIRMARV.
O. L. (Tp
Ed.), 122
Be it enacted, etc., as follows:
Chapter one hundred and twenty-two of the General
- 2^' ?*?•• Laws is hereby amended by striking out section two B, as
^™*" ^ ■ amended by section twent3^-two of chapter three hundred
and fiftj'-one of tlie acts of nineteen hundred and forty-one,
Deposits. and inserting in place thereof the following section: — Section
2B. The superintendent of the Tewksbury state hospital
and infirmary may deposit in any bank or trust company
Acts, 1946. — Chaps. 332, 333. 329
within the commonwealth funds belonging to patients and
funds deposited by their relatives or friends to be used for
their benefit, in an account entitled "Patients' Funds", or
the superintendent may, whenever he deems it desnable,
deposit such funds in such banks in separate accounts as
trustee, in each instance, for the patient.
Approved May 18, 1946.
An Act authorizing the annexation to the town of njiQ^j) 330
METHUEN OF A PART OF THE CITY OF LAWRENCE. ^'
Be it enacted, etc., as follows:
Section 1. All that part of the city of Lawrence com-
prised within the following described lines, to wit : —
Beginning at a point on the easterly Hne of Broadway at
its intersection with the present Lawrence-Methuen bound-
ary line and thirty-three and twenty-six one hundredths
feet northeast of a copper bolt in a stone bound at the inter-
section of the center line of Broadway with the present
Lawrence-Methuen boundary line, said boundary line
making an angle of ninety-seven degrees, twelve minutes,
fifty-six seconds with the center line of said Broadway as
determined by the above-mentioned copper bolt and a
copper bolt in a stone bound at the intersection of the center
lines of Broadway and of Whitman street in Lawrence;
thence continuing northeasterly along the afore-mentioned
present boundary hne a distance of one hundred and eighty
one hundredths feet to a point; thence turning with an
interior angle of eighty-two degrees, forty-seven minutes,
four seconds and running southerly a distance of forty-five
and eleven one hundredths feet to a point; thence turning
with an interior angle of ninety degrees and no minutes and
running westerly a distance of one hundred feet to a point
on the easterly line of Broadway; thence turning with an
interior angle of ninety degrees and no minutes and running
northerly a distance of thirty-two and forty-five one hun-
dredths feet along the easterly line of Broadway to the point
of beginning, — is hereby set off from the city of Lawrence
and annexed to the town of Methuen.
Section 2. This act shall take full effect upon its ac-
ceptance by vote of the city council of the city of Lawrence
and by vote of the town meeting members of the town of
Methuen, but not otherwise. Approved May 18, 1946.
An Act increasing the amount of the fee for a non- fhn^ 333
resident citizen's fur buyer's license, so called. ^'
Be it enacted, etc., as follows:
Paragraph (2) of section one hundred and three of chapter o. l. (Ter.
one hundred and thirty-one of the General Laws, as appear- f toa/etc.,
ing in section two of chapter five hundred and ninety-nine amended. '
of the acts of nineteen hundred and forty-one, is hereby
330 Acts, 1946. — Chaps. 334, 335, 336.
amended by striking out, in the thii-d line, the word "twenty-
five" and inserting in place thereof the words: — one hun-
dred, — so as to read as follows: —
Fee. (2) A citizen of the United States, non-resident in this
commonwealth, a "Non-Resident Citizen's Fur Buyer's
License" upon payment of a fee of one hundred dollars.
Approved May 18, 1946.
Chav 334 An Act penalizing the use of certain firearms for
^* hunting purposes.
Be it enacted, etc., as follows:
G. L. (Ter. Chapter one hundred and thirty-one of the General Laws,
net^i mA. as appearing in section two of chapter five hundred and
addeS. ninety-nine of the acts of nineteen hundred and forty-one,
is hereby amended by inserting after section one hundred
Certain and oue the foUowing section: — Section 101 A. No person
fnd'^ns shaU use for hunting purposes any type of fuU-automatic
prohibited. firearm, machine gun or sub-machme gun of any gauge or
Penalty calibcr. Whoever violates any provision of this section shall
be punished by a fine of not more than one hundred dollars.
Approved May 18, 1946.
Chav 335 An Act directing the commissioner of mental health
TO SELL TO THE CITY OF WORCESTER, FOR USE FOR CER-
TAIN PUBLIC PURPOSES, A CERTAIN PARCEL OF LAND IN
SAID CITY.
Be it enacted, etc., as follows:
The commissioner of mental health is hereby authorized
and directed to seU and convey, in the name and on behalt
of the commonwealth, to the city of Worcester, for the sum
of one dollar, a parcel of land located in said city on the
Lake Quinsigamond side of Lake avenue, being a portion
of the grounds of the Worcester state hospital, said land to
be used by said city only for recreational and safety purposes.
Said property shall be conveyed by a deed or deeds approved
as to form by the attorney general.
Approved May 18, 194b.
rhnr) "^36 An Act relative to rules for the construction,
^ '^ INSTALLATION AND INSPECTION OF STEAM BOILERS.
Be it enacted, etc., as follows:
G.L. (Ter. SECTION 1. Scction two of chapter one hundred and
fV'eio.^' forty-six of the General Laws is hereby amended by striking
amended. ^^^ ^^iQ last scntcnce, as appearmg m chapter four hundred
and fifty-nine of the acts of nineteen hundred and forty-one,
and inserting in place thereof the two followmg sentences : --
Such rules shall be transmitted to the commissioner and be
bv him filed in the ofiice of the state secretary, and when so
filed shall have the force of law. They shall be printed and
Acts, 1946. — Chap. 337. 331
shall be furnished, upon request, free of charge, to users,
manufacturers and msurers of boilers, and persons licensed
under this chapter, and at a charge of twenty-five cents to
all other persons requesting them, — so as to read as follows : —
Section 2. The board shall formulate rules for the con- Rules
struction, installation and inspection of steam boilers, and boUers"^
for ascertaining the safe working pressure to be carried
therein; prescribe tests, if it deems it necessary, to ascertain
the qualities of materials used in the construction of boilers;
formulate rules regulating the construction and sizes of
safety valves for boilers of different sizes and pressures, the
construction, use and location of fusible safety plugs, appli-
ances for indicating the pressure of steam and the level of
water in the boiler, and such other appliances as the board
may deem necessary to safety in operating steam boilers;
and make a standard form of certificate of inspection. The
attorney general shall assist the board in framing the rules.
Such rules shall be transmitted to the commissioner and be
by him filed in the office of the state secretary, and when so
filed shall have the force of law. They shall be printed and
shall be furnished, upon request, free of charge, to users,
manufacturers and insurers of boilers, and persons licensed
under this chapter, and at a charge of twenty-five cents to
all other persons requesting them.
Section 2. Section four of said chapter one hundred ^do," ueT'i 4.
and forty-six, as appearing in the Tercentenary Edition, ameAded.'
is hereby further amended by striking out, in the second and
third lines, the words "the approval of the same by the
governor and council" and inserting in place thereof the
words : — their filing as provided in section two, — so as to
read as follows: — Section 4- Changes in the rules which changes
affect the construction of new boilers shall take effect six '" "^^ ^^'
months after their filing as provided in section two; pro-
vided, that the board may, upon request, permit the applica-
tion of such change in rules to boilers manufactured or
installed during said six months. When a person desires to
manufacture a special type of boiler the design of which is
not covered by the rules formulated by the board, he shall
submit drawings and specifications of such boiler to said
board, which, if it approves, shall permit the construction
thereof. Approved May 18, 1946.
An Act providing for additional recreational facili- Chav. SS7
TIES FOR children AT REVERE BEACH.
Be it enacted, etc., as follows:
The metropohtan district commission is hereby author-
ized to provide additional recreational faciUties for children
at Revere beach in the city of Revere. For said purposes
said commission may expend such sums, not exceeding, in
the aggregate, two thousand dollars, as may hereafter be
appropriated therefor. Approved May 18, 1046.
332 Acts, 1946. — Chap. 338.
C hap. SS8 An Act establishing a municipal lighting commission
FOR THE CITY OF PEABODY.
Be it enacted, etc., as follows:
Section 1. At the first regular city election in the city
of Peabody after the acceptance of this act, the voters shall
elect a municipal Hght commission to consist of three citi-
zens of said city, who shall not hold other public ofl&ce
therein, and who shall serve for two, four and six years,
respectively, from the first Monday in January, nineteen
hundred and forty-eight; and every two years thereafter,
the voters shall elect one member for the term of six years.
The commission shall select one of its members as chair-
man, to serve as such during its pleasure. The commission
shall have and exercise the powers and be subject to the
duties relative to the municipal lighting plant of said city
which are now conferred or imposed by law upon the mayor,
and shall have in addition all the powers and duties now
conferred or imposed by law upon municipal light boards in
towns. The members of the commission shall be paid from
the receipts of, and annual appropriations for, the municipal
lighting plant, such compensation, not exceeding two hun-
dred dollars per annum, as the city council shall from time
to time determine. If a vacancy occurs in the municipal
light commission by failure to elect or otherwise the city
council and the remaining members of the municipal light
commission shall meet in joint convention and elect a suit-
able person to fill the vacancy until the first Monday in
January following the next regular city election; and, if
there would be a vacancy on said first Monday, it shall be
filled at such regular city election for the balance of the un-
expired term.
Section 2. The commission shall establish the office of
manager, and shall fix the salary of such office; and said
manager shall not be a member of the commission.
Section 3. Except as otherwise provided herein, all pro-
visions of law relative to municipal lighting plants in cities
and to the management and conduct thereof shall apply to
the city of Peabody.
Section 4. This act shall be submitted to the registered
voters of the city of Peabody at the biennial state election
in the current year in the form of the following question
which shall be placed upon the oflicial 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-six,
entitled 'An Act establishing a Municipal Lighting Com-
mission for the City of Peabody', be accepted?" If a ma-
jority of the voters voting thereon vote in the affirmative
in answer to said question, then this act shall thereupon
take full effect in said city, but not otherwise.
Approved May 18, 1946.
Acts, 1946. — Chaps. 339, 340. 333
An Act relative to the time of making omitted assess- Q^q^jj 339
ments of local taxes. ^'
Be it enacted, etc., as follows:
Section seventy-five of chapter fifty-nine of the General e;,V-^J*''-
Laws, as amended by chapter one hundred and four of the §75.' etc.,
acts of nineteen hundred and thirty-four, is hereby further «™''"^^'^-
amended by striking out the first sentence and inserting in
place thereof the following sentence : — If the real or per- Time of
sonal estate of a person, to an amount not less than one ^j^j^tgl
hundred dollars and liable to taxation, has been omitted assessments
from the annual assessment of taxes, the assessors shall be- ^'^ '°''''' *'*'""'■
tween December tenth and twentieth following, both inclu-
sive, or at such earlier time as the commissioner may in writ-
ing approve, assess such person for such estate.
Approved May 18, 1946.
An Act relative to the powers and duties of the board Chav.^^^
OF commissioners of the MASSACHUSETTS MARITIME
ACADEMY, AND AUTHORIZING SAID BOARD TO GRANT CER-
TAIN DEGREES.
Be it enacted, etc., as follows:
Chapter seventy-four of the General Laws is hereby g. l. (Ter.
amended by striking out section forty-nine, as amended by ftg.'Jtt'.,
section five of chapter one of the acts of nineteen hundred n^°j^49A"'^
and forty-two, and inserting in place thereof the two follow- added.
ing sections : — Section 1^9. The board of commissioners of Commissioners
the Massachusetts maritime academy shall provide and and maintain
maintain a nautical school for the instruction of students gc^pof''''*'
in the science and practice of navigation, seamanship and
marine engineering, accommodations therefor on board a
proper vessel or at such other location as the commissioners
shall designate, books, stationery, apparatus and supplies
needed in the work thereof, and shall appoint and may
remove necessary instructors and other employees, deter-
mine their compensation, fix the terms upon which students
shall be received and instructed therein and discharged
therefrom, make all regulations necessary for its manage-
ment and provide from time to time for cruises.
Section 49 A. The board of commissioners of the Massa- Degree of
chusetts maritime academy may grant the degree of Bachelor f ^ienci^may
of Science or other appropriate degrees to any person satis- be granted,
factoril}^ completing the prescribed course of instruction,
provided that said course of instruction has been approved
by the board of collegiate authority.
Approved May 18, 1946.
334
Acts, 1946. — Chaps. 341, 342.
Chap. 34:1 An Act relative to the operation of trailers used
EXCLUSIVELY FOR AGRICULTURAL PURPOSES.
Be it enacted, etc., as follows:
G. L. (Ter,
Ed.), 90.
§ 19, etc.,
amended.
Carrying
capacity of
Section nineteen of chapter ninety of the General Laws,
as most recently amended by section four of chapter five
hundred and ninety-five of the acts of nineteen hundred and
forty-five, is hereby further amended by striking out the
last two sentences and inserting in place thereof the four
following sentences: — Except as provided in this section
motor vehicles, and section nine, no trailer having a carrying capacity of
more than one thousand pounds, other than a semi-trailer,
or a heavy duty platform trailer, or a trailer used solely for
the transportation of horses by the owner of such horses
under a special permit hereby authorized to be granted to
such owner by the department of public works, shall be
operated or drawn on the ways of the commonwealth. A
trailer having a carrying capacity of not more than two
thousand pounds may be operated or drawn upon any way,
if such trailer is used exclusively for agricultural purposes,
but this provision shall not prevent any trailer, if used
exclusively for such purposes, from being operated without
registration upon any way in the manner provided in said
section nine. A trailer having a carrying capacity of more
than a thousand pounds may be operated or drawn upon
any way for a distance not exceeding three hundred yards,
if such trailer is used for industrial purposes other than
agricultural purposes, for the purpose of going from property
owned or occupied by the owner of such trailer to other
property so owned or occupied. No motor vehicle shall be
operated on any way to draw more than one trailer or other
vehicle. Approved May 18, 1946.
Chap. 342 An Act relative to the service of process on certain
FOREIGN corporations.
G. L. (Ter.
Ed.). 181.
§ 3. etc.,
amended.
Commissioner
to be ap-
pointed
attorney for
service of
process.
Be it enacted, etc., as follows:
Section 1. Section three of chapter one hundred and
eighty-one of the General Laws, as amended by section four
of chapter four hundred and fifty-nine of the acts of nineteen
hundred and forty-three, is hereby further amended by
inserting after the word "which" in the second line the
words: — does business in this commonwealth or which, —
so as to read as follows : — Section 3. Every foreign corpora-
tion, which does business in this commonwealth or which
has a usual place of business in this commonwealth, or owns
real property therein without having such a usual place of
business, or which is engaged therein, permanently or tem-
porarily, and with or without a usual place of business therein,
in the construction, erection, alteration or repair of a build-
ing, bridge, railroad, railway or structure of any kind, or in
the construction or repair of roads, highways or waterways.
Acts, 1946. — Chap. 343. 336
or in any other activity requiring the performance of labor,
shall, before doing business in this commonwealth, in writing
appoint the commissioner and his successor in office to be
its true and lawful attorney upon whom all lawful processes
in any action or proceeding against it may be served, and in
such writing shall agree that any lawful process against it
which is served on said attorney shall be of the same legal
force and validity as if served on the corporation, and that
the authority shall continue in force so long as any liability
remains outstanding against the corporation in this com-
monwealth. The power of attorney and a copy of the vote
authorizing its execution, dul}^ certified and authenticated,
shall be filed in the office of the commissioner, and copies
certified by him shall be sufficient evidence thereof. Service
of such process shall be made by leaving a copj^ of the process
with a fee of two dollars in the hands of the commissioner,
or of his deputy or second deputy when acting under section
six of chapter fourteen or in the office of the commissioner,
and such service shall be sufficient service^ upon the cor-
poration.
Section 2. Section four of said chapter one hundred and Ed^'iJr's 4
eighty-one, as appearing in the Tercentenary Edition, is amended.'
hereby amended by adding at the end the following para-
graph:—
In the case of service of process on a corporation which Notice of
has not complied with section three, or which is not allowed prMCM'to be
under section six to comply with said section three, the sivenby
notice herem provided for shall be mailed by the commis-
sioner to the proper address of the corporation which shall be
furnished to him by the plaintiff or his attorney.
Approved May 18, 1946.
An Act authorizing the division of parks and recrea- (^/^^j^? 343
TION IN THE department OF CONSERVATION TO ACT IN ^'
AN ADVISORY CAPACITY TO MUNICIPALITIES.
Be it enacted, etc., as follows:
Section eleven of chapter twenty-one of the General Laws, g. l. (Xer.
as most recently amended by section nine of chapter four fti.'etc.,
hundred and ninety-one of the acts of nineteen hundred and amended.'
thirty-nine, is hereby further amended by adding at the end
the following sentence : — Upon written request of any city
or town that the division advise and consult with it relative
to recreational activities the director may himself, or by one
or more persons designated by him for the purpose, so con-
sult with and advise such city or town, — so as to read as
follows: — Section 11. Upon the expiration of the term of J^^^ff^'j^^
office of a director of the division of parks and recreation, of parS^and
his successor may be appointed for three years by the gov- ""^^eation.
ernor, with the advice and consent of the council. The
director shall be qualified by training and experience to
perform the duties of his office and shall receive such salary,
commissioner.
336 Acts, 1946. — Chap. 344.
not exceeding five thousand dollars, as may be fixed by the
commissioner, subject to the approval of the governor and
council. Except as otherwise provided, the director shall
have charge of the development and maintenance of state
parks, reservations and recreational areas under the control
of the department of conservation, and shall perform such
other similar duties as may be imposed upon him by the
commissioner. Upon written request of any city or town
that the division advise and consult with it relative to recrea-
tional activities the director may himself, or by one or more
persons designated by him for the purpose, so consult with
and advise such city or town. Approved May 18, 1946.
Chap. 34:4: An Act relative to expenditures for the care, main-
tenance AND REPAIR OF TUBERCULOSIS HOSPITALS IN
CERTAIN COUNTIES.
pMambi"*^^ Whereas, The deferred operation of this act would result
in unnecessarily extending the period during which expendi-
tures by certain counties for tuberculosis hospital purposes
would be made without express authorization therefor by
the general court, therefore this act is hereby declared to
be an emergency law, necessary for the immediate preser-
vation of the public convenience.
Be it enacted, etc., as follows:
The county commissioners of the counties hereinafter
specified are hereby authorized to expend for the year nine-
teen hundred and forty-six the sums set forth in this act for
the care, maintenance and repair of the county tuberculosis
hospitals within their respective counties, and to assess the
same in the manner set forth in section eighty-five of chap-
ter one hundred and eleven of the General Laws, as amended.
In case of extraordinary or unforeseen emergencies the direc-
tor of accounts, at the request of the county commissioners
of any such county, may authorize expenditures in excess of
any particular item; provided, that another item or items
of expenditure shall be reduced by an equivalent amount.
Bristol Countt.
Item
1 . For administration :
(a) Salaries $9,168 00
(b) Other expenses 1,800 00
2. For maintenance and operation :
(a) Salaries and wages 84,647 00
(6) Other expenses 90,000 00
3. For additions and improvements (in excess of $1,000) 2,000 00
5. For contributory retirement system . . . 4,382 00
6. For interest 712 16
9. For unpaid bills of previous year .... 260 00
For total expenditures $192,969 16
Acts, 1946. — Chap, 344.
337
Essex County.
Item
1. For administration :
(a) Salaries ....
(6) Other expenses .
2. For maintenance and operation :
(a) Salaries and wages
(6) Other expenses
4. For other health services:
(6) Clinics and other extra-mural
5. For contributory retirement system
6. For interest
8. For sewer assessment
For total expenditures .
Middlesex County
For administration :
(a) Salaries ....
(6) Other expenses .
For maintenance and operation :
(a) Salaries and wages
(b) Other expenses
For other health services :
(5) Clinics and other extra-mural
For contributory retirement system
For interest .....
$19,150 00
4,900 00
262,000 00
294,350 00
300 00
7,390 92
1,900 00
4,300 00
. $594,290 92
For total expenditures .
$25,500 00
9,000 00
390,000 00
325,000 00
1,000 00
3,632 00
3,000 00
$757,132 00
Norfolk County.
For administration :
(a) Salaries $12,130 00
(6) Other expenses 2,000 00
For maintenance and operation:
(o) Salaries and wages 148,640 00
(6) Other expenses 151,900 00
For other health services :
(b) Clinics and other extra-mural . . . 1,500 00
For contributory retirement system . . . 1,942 72
For interest 1,000 00
For total expenditures $319,112 72
Plymouth County.
1 . For administration :
(a) Salaries
(6) Other expenses ......
2. For maintenance and operation :
(a) Salaries and wages .....
(6) Other expenses ......
3. For additions and improvements (in excess of $1,000)
4. For other health services:
(a) Preventorium ......
(6) Clinics and other extra-mural
5. For contributory retirement system
6 For interest ........
For total expenditures
$18,034 00
1,800 00
114,923 00
70,000 00
5,000 00
3,000 00
6,500 00
9,000 00
500 00
$228,757 00
338
Acts, 1946. — Chaps. 345, 346.
WOBCESTEB CoTJNTT.
Item
1. For administration :
(a) Salaries $20,800 00
(6) Other expenses 3,721 82
2. For maintenance and operation :
(a) Salaries and wages ..... 154,250 65
(6) Other expenses 114,000 00
3. For additions and improvements (in excess of $1,000) 54,100 00
5. For contributory retirement system .... 500 00
6. For interest 1,150 GO
For total expenditures $348,522 47
Approved May SO, 1946.
Chap. 34:5 An Act extending certain privileges under the civil
SERVICE LAW TO RECIPIENTS OF A DISTINGUISHED SERVICE
CROSS OR NAVY CROSS.
G. L. (Ter.
Ed.), 31.
§ 22. etc..
amended.
Recipients of
distinguished
service cross
or navy cross.
Be it enacted, etc., as follows:
Section twenty-two of chapter thirty-one of the General
Laws, as most recently amended by section twenty-nine of
chapter two hundred and thirty-eight of the acts of nine-
teen hundred and thirty-nine, is hereby further amended by
adding at the end the following paragraph : —
A person who has received a distinguished service cross or
navy cross may, upon the recommendation of the director
and with the approval of the commission, be appointed
under the same conditions as are provided in this section in
the case of a person who has received a medal of honor.
Approved May 20, 1946.
C/iap. 346 An Act relative to the issuance of group life insur-
ance POLICIES.
G. L. (Ter.
Ed.), 175,
S 133. etc.,
amended.
Group life
insurance
defined.
Be it enacted, etc., as follows:
Section one hundred and thirty-three of chapter one hun-
dred and seventy-five of the General Laws, as amended, is
hereby further amended by inserting after the word "policy"
in the ninth line, as appearing in the Tercentenary Edition,
the words : — or for such period longer than one year as may
be required by any pension plan under or in connection with
which the poHcy is taken out, — so that clause (a) will read
as follows : — (a) not less than fifty employees, with or with-
out medical examination, written under a policy issued to
the employer, the premium on which is to be paid by the
employer or by the employer and employees jointly, and
insuring only all of his employees, or all of any class or classes
thereof determined by conditions pertaining to the employ-
ment, or by duration of service in which case no employee
shall be excluded if he has been for one year or more in the
employ of the person taking out the policy, or for such
period longer than one year as may be required by any pen-
sion plan under or in connection with which the policy is
Acts, 1946. — Chaps. 347, 348. 339
taken out, for amounts of insurance based upon some plan
precluding individual selection, and for the benefit of persons
other than the employer, provided, that when the premium is
to be paid by the employer and employees jointly and the
benefits of the policy are offered to all eligible employees,
not less than seventy-five per cent of such employees may
be so insured, or not less than forty per cent if each em-
ployee belonging to the insured group has been medically
examined and found acceptable for ordinary insurance by
an individual poHcy; Approved May 20, 1946.
An Act to authorize the department of public works Q^^p 347
TO LEASE OR LET THE STATE PIER IN BUZZARDS BAY, ^'
Be it enacted, etc., as follows:
The department of pubhc works is hereby authorized to
lease or let the state pier on the Cape Cod canal in Buzzards
bay or any part or parts of such pier to such persons or cor-
porations and under such terms and conditions as said de-
partment may deem fit and proper; provided, that such
leasing or letting shall be subject to competitive bidding
and the rental shall not be less than five thousand dollars
per annum. Approved May SO, 1946.
Chap.MS
An Act making appropriations for the maintenance
OF certain counties, for interest and debt re-
quirements, FOR certain permanent IMPROVEMENTS,
GRANTING A COUNTY TAX FOR SAID COUNTIES, AND FURTHER
REGULATING THE SALARIES OF CERTAIN COUNTY OFFICERS
AND EMPLOYEES.
Whereas, The deferred operation of this act would result ^^l^^^^^
in unnecessarily extending the period during which county ^^^^^
expenditures would be made in anticipation of appropria-
tion, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public
convenience.
Be it enacted, etc., as follows:
Section 1. The following sums are hereby appropriated
for the counties hereinafter specified for the year nineteen
hundred and forty-six. No direct drafts against the account
known as the reserve fund shall be made, but transfers from
this account to other accounts may be made to meet
extraordinary or unforeseen expenditures upon the request
of the county commissioners and with the approval of the
director of accounts.
Barnstable County.
It«m
1 For interest on county debt .... $365 00
2 For reduction of county debt
3 For salaries of county officers and assistants
4 For clerical assistance in county offices
5 For salaries and expenses of district courts .
7,000 00
30,280 00
25,951 00
26.820 00
340
Acts, 1946, — Chap. 348.
Item
6
For salaries of master and keeper, and assistants,
and support of prisoners in jail and house of cor-
rection .......
For criminal costs in superior court . .
For civil expenses in supreme judicial, superior
probate and land courts
For transportation and expenses of county and
acting commissioners ....
For medical examiners and commitments of insane
For auditors, masters and referees
For repairing, furnishing and improving county
buildings ......
For care, fuel, lights and supplies in county build
ings, other than jail and house of correction
For highways, including state highways, bridgei
and land damages .....
For law library .....
For training school .....
For county aid to agriculture
For sanatorium .....
For health service .....
For state fire patrol .....
For non-contributory pensions .
For contributory retirement system
25a For contributory retirement audit
26 For miscellaneous and contingent expenses, includ
ing insurance .....
For unpaid bills of previous years
For police training school ....
For police radio station ....
For advertising the recreational advantages of the
county .......
For reserve fvmd .....
For post-war rehabilitation fund
And the county commissioners of Barnstable
county are hereby authorized to levy as the
county tax of said county for the current year,
in the manner provided by law, the following
sum to be expended together with the cash bal-
ance on hand and the receipts from other sources,
for the above purposes . . . . .
$60,350 00
10,788 00
7,500 00
1,200 00
2,450 00
500 00
23,177 00
22,775 00
95,650 00
930 00
500 00
17,554 00
131,910 00
11,921 00
2,100 00
i;900 00
7,430 00
105 40
6,050 00
750 00
4,115 00
11, .500 00
5,000 00
10,000 00
25.000 00
$389,522 27
Berkshire County.
1 For interest on county debt .... $1,000 00
2 For reduction of county debt ... 20,000 00
3 For salaries of county officers and assistants . 37,492 00
4 For clerical assistance in county offices . . 18,610 00
5 For salaries and expenses of district courts . . 58,340 00
6 For salaries of master and keeper, and assistants,
and support of prisoners in jail and house of cor-
rection 47,546 00
7 For criminal costs in superior court . . 1 2,000 00
8 For civil expenses in supreme judicial, superior,
probate and land courts .... 12,000 00
10 For transportation and expenses of county and
acting commissioners ..... 1,000 00
11 For medical examiners and commitments of insane 6,000 00
12 For auditors, masters and referees . . 2,000 00
14 For reoairing, furnishing and improving county
buUdings 8,500 00
15 For care, fuel, lights and supplies in county build-
ings, other than jail and house of correction . 22,260 00
16 For highways, including state highways, bridges
and Uuid damages ...... 131,000 00
Acts, 1946. — Chap. 348.
341
For examination of dams .
For law library
For training school .
For county aid to agriculture
For sanatorium
For Mount Greylock state reservation
23a For Mount Everett state reservation .
25 For contributory retirement system
25a For contributory retirement audit
26 For miscellaneous and contingent expenses, includ
ing insurance .....
27 For unpaid bills of previous years
30 For advertising the recreational advantages of the
county ....
31 For reserve fund
And the county commissioners of Berkshire county
are hereby authorized to levy as the county tax
of said county for the current year, in the man-
ner provided by law, the following sum to be
expended together with the cash balance on
hand and the receipts from other sources, for the
above purposes ......
$200 00
3.502 00
2,000 00
17,038 00
18,673 00
13,025 00
2,200 00
8,370 00
356 84
6,000 00
500 00
5,000 00
6,000 00
$408,650 96
Bristol County.
1 For interest on county debt ....
2 For reduction of county debt ....
3 For salaries of coimty officers and assistants
4 For clerical assistance in county offices
5 For salaries and expenses of district courts .
6 For salaries of master and keeper, and assistants,
and support of prisoners in jail and house of cor-
rection ........
7 For criminal costs in superior court
8 For civil e.xpenses in supreme judicial, superior,
probate and land courts .....
10 For transportation and expenses of county and act-
ing commissioners ......
11 For medical examiners and commitments of insane
12 For auditors, masters and referees
13 For building county buildings and purcha.se of land
14 For repairing, furnishing and improving county
buildings .......
15 For care, fuel, lights and supplies in county build-
ings, other than jail and house of correction
16 For highways, including state highways, bridges
and land damages ......
18 For law libraries ......
19 For training school ......
20 For agricultural school .....
24 For non-contributory pensions ....
25 For contributory retirement system
25a For contributory retirement audit
26 For miscellaneous and contingent expenses, in-
cluding insurance ......
27 p'or unpaid bills of previous years
31 For reserve fund ......
33 For post-war rehabilitation fund
And the county commissioners of Bristol county
are hereby authorized to levy as the county tax
of said coimty for the current year, in the man-
ner provided by law, the folloTsing sum to be
ex-pended together with the cash balance on
hand and the receipts from other sources, for
the above purposes .....
$3,000 00
16,000 00
62,350 00
72,436 00
143,813 00
99,364 00
65,366 60
44,090 00
1,500 00
20,000 00
3,000 00
530 00
60,000 00
80,608 00
84,200 00
10,270 00
7,000 00
157,181 27
9,506 00
15,261 76
854 21
7,000 00
4,500 00
10,000 00
25,000 00
$801,672 91
342
Acts, 1946. — Chap. 348.
Item
1
2
3
4
5
County of Dukes County.
For interest on county debt
For reduction of county debt
For salaries of county oflacers and assistants
For clerical assistance in county oflBces
For salaries and expenses of district court .
For salaries of master and keeper, and assistants
and support of prisoners in jail and house of cor-
rection .......
For criminal costs in superior court
For civil expenses in supreme judicial, superior
probate and land courts ....
For transportation and expenses of coimty and
acting commissioners ....
For medical examiners and commitments of insane
For auditors, masters and referees
For repairing, furnishing and improving county
builcungs ......
For care, fuel, lights and supplies in county build
ings, other than jail and house of correction
For highways, including state highways, bridges
and land damages .....
For law library
For county aid to agriculture
For Gay Head reservation
For contributory retirement system
25a For contributory retirement audit
26 For miscellaneous and contingent expenses,
eluding insurance .....
For impaid bills of previous years
For Indian burial ground ....
For advertising the recreational advantages of the
county
For reserve fimd
For county rodent control ....
And the county commissioners of Dukes countj'
are hereby authorized to levy as the county tax
of said county for the current year, in the man-
ner provided by law, the following sum to be
expended together with the cash balance on
hand and the receipts from other sources, for
the above purposes . . . . .
Essex County.
For interest on county debt
For reduction of county debt • . •
For salaries of county officers and assistants
For clerical assistance in county offices
For salaries and expenses of district courts .
For salaries of masters and keepers, and assistants
and support of prisoners in jails and houses of
correction ......
For criminal costs in superior courts .
For civil expenses in supreme judicial, superior,
probate and land covu-ts ....
For trial justices .....
For transportation and expenses of coimty and
acting commissioners ....
For medical examiners and commitments of insane
For auditors, masters and referees
For repairing, furnishing and improving county
buildings ......
For care, fuel, lights and supplies in county build
ings, other than jails and houses of correction
$100 00
5,000 00
8,220 00
3,000 00
7,000 00
3,500 00
1,500 00
1,000 00
250 00
400 00
100 00
2,500 00
3,600 00
21,000 00
250 00
1,700 00
3,800 00
601 67
7 64
1,700 00
1,000 00
400 00
500 00
1,500 00
3,500 00
$52,006 38
$3,500 00
52,000 00
77,300 00
177,500 00
231,130 00
105,600 00
75,995 00
75,000 00
5,500 GO
1,000 00
20,000 00
3,000 00
19,745 00
105.480 00
Acts, 1946. — Chap. 348.
343
Item
16 For highways, including state highways, bridges
and land damages ......
18 For law libraries ......
19 For training school ......
20 For agricultural school .....
24 For non-contributory pensions ....
25 For contributory retirement system
25a For contributory retirement audit
26 For miscellaneous and contingent expenses, includ-
ing insurance ......
27 For unpaid bills of previous years ...
31 For reserve fund ......
And the county commissioners of Essex county are
hereby authorized to levy as the county tax of
said county for the current year, in the man-
ner provided by law the following sum to be ex-
pended together with the cash balance on hand
and the receipts from other sources, for the above
purposes .......
Franklin County.
1 For interest on county debt
2 For reduction of county debt
3 For salaries of county officers and assistants
4 For clerical assistance in county offices
5 For salaries and expenses of district courts .
6 For salaries of master and keeper, and assistants
and support of prisoners in jail and house of
correction ......
7 For criminal costs in superior court
8 For civil expenses in supreme judicial, superior
probate and land courts
10 For transportation and expenses of county and
acting commissioners ....
11 For medical examiners and commitments of insane
12 For auditors, masters and referees
14 For repairing, furnishing and improving county
buildings ......
15 For care, fuel, lights and supplies in county build
ings, other than jail and house of correction
16 For highways, including state highways, bridges
and land damages .....
17 For examination of dams ....
18 For law library
19 For training school .....
20 For coimty aid to agriculture
21 For sanatorium .....
22 For Greenfield health camp
23 For Mount Sugar Loaf state reservation
24 For non-contributory pensions
25 For contributory retirement system
25a For contributory retirement audit
26 For miscellaneous and contingent expenses, includ
ing insurance .....
27 For impaid bills of previous years
30 For advertising the recreational advantages of the
coimty .......
31 For reserve fund .....
And the county commissioners of Franklin county
are hereby authorized to levy as the county tax
of said county for the current year, in the man-
ner provided by law, the following sum to be
expended together with the cash balance on
hand and the receipts from other sources, for
the above purposes . . . . .
$268,640 00
13,350 00
69,560 00
262,969 00
8,772 30
42,758 73
1,353 64
12,000 00
2,600 00
15,000 00
$1,250,393 64
$4,112 50
15,000 00
23,814 00
11,505 00
20,395 00
27,807 00
8,030 00
8,500 00
400 00
2,200 00
700 00
3,500 00
18,229 00
49,450 00
400 00
3,590 00
200 00
13,897 00
11,203 72
2,000 00
2,590 00
870 00
8,173 15
22 91
1,725 00
500 00
2,500 00
5,000 00
$206,581 78
344
Acts, 1946. — Chap. 348.
Hampden County.
Item
1 For interest oii county debt
2 For reduction of county debt
3 For salaries of county officers and assistants
4 For clerical assistance in county offices
5 For salaries and expenses of district courts .
6 For salaries of master and keeper, and assistants
and support of prisoners in jail and house of cor-
rection .......
7 For criminal costs in superior court
8 For civil expenses in supreme judicial, superior
probate and land courts ....
9 For trial justice .....
10 For transportation and expenses of county and
acting commissioners ....
11 For medical e.xaminers and commitments of insane
12 For auditors, masters and referees
14 For repairing, furnishing and improving county
buildings ......
15 For care, fuel, lights and supplies in county build
ings, other than jail and house of correction
16 For liighways, including state highways, bridges
and land damages .....
1 7 For examination of dams ....
18 For law Ubrary .....
19 For training school .....
20 For county aid to agriculture
22 For preventorium .....
23 For Mount Tom state reservation
24 For non-contributory pensions .
25 For contributory retirement system
25a For contributorv retirement audit
26
contmgent expenses, m
For miscellaneous and
eluding insurance .
For unpai(i bills of previous years
For advertising the recreational advantages of the
county ....
For reserve fund
For post-war rehabilitation fund
And the county commissioners of Hampden county
are hereby authorized to levy as the county tax
of said county for the current year, in the man-
ner provided by law, the following sum to be
expended together with the cash balance on
hand and the receipts from other sources, for the
above purposes ......
Hampshire County.
For interest on county debt
For salaries of county officers and assistants
For clerical assistance in county offices
For salaries and expenses of district courts .
For salaries of master and keeper, and assistants
and support of prisoners in jail and house of
correction .......
For criminal costs in superior court
For civil exT>en8es in supreme judicial, superior,
probate and land courts .....
For transportation and expenses of county and
acting commissioners .....
For medical examiners and commitments of insane
For auditors, masters and referees
For repairing, furnishing and improving county
buildings . . ....
$5,000 00
19,000 00
57,170 00
69,955 00
153,185 00
100,033 00
30,942 00
59,120 00
2,200 00
1,000 00
18,000 00
3,000 00
12,000 00
70,123 00
143,000 00
3,000 00
11,672 00
43,221 00
50,974 60
3,000 00
13,500 00
9,000 00
19,699 15
927 45
7,024 03
1,500 00
2,500 00
12 000 00
25,000 00
$768,935 86
$600 00
25,850 00
15,950 00
30,300 00
.36,800 00
12,000 00
12,000 00
500 00
4,400 00
1,000 00
10,000 00
Acts, 1946. — Chap. 348.
345
Item
15 For care, fuel, lights and supplies in county build
ings, other than jail and house of correction
16 For highways, including state highways, bridges
and land damages .
17 For examination of dams .
IS For law Ubrary
20 For county aid to agriculture
21 For sanatorium
21a For isolation hospital
22 For preventorium
23 For state reservations
24 For non-contributory pensions
25 For contributory retirement system
25a For contributory retirement audit
26
For miscellaneous and contingent expenses, in
eluding insurance .....
For unpaid bills of previous years
For advertising the recreational advantages of the
county .......
For reserve fund .....
For post-war rehabilitation fund
And the county commissioners of Hampshire county
are hereby authorized to lev>' as the county tax
of said county for the current year, in the man-
ner provided by law, the following sum to be
expended together vath the cash balance on
hand and the receipts from other sources, for
the above purposes .....
$17,000 00
83,000 00
500 00
2,400 00
19,000 00
47,900 00
7,500 00
2,000 00
2,550 00
6,677 85
5,000 00
530 24
6,000 00
260 00
2,500 00
7,500 00
10,000 00
S304,046 80
9
10
11
12
13a
13b
14
Middlesex County.
For interest on county debt
For reduction of county debt
For salaries of county officers and assistants
For clerical assistance in county offices
For salaries and expenses of district courts
For salaries of masters and keepers, and assistants,
and support of prisoners in jails and houses of
correction ......
P'or criminal costs in superior court
For ci\il e.xpenses in supreme judicial, superior
probate and land courts ....
For trial justices .....
For transportation and expenses of county and
acting commissioners
For medical examiners and commitments of insane
For auditors, masters and referees
For new bam and appurtenances at Billerica house
of correction ......
For addition to registry of deeds in Cambridge
For repairing, furnishing and improving county
buildings .....
For care, fuel, lights and supplies in county build-
ings, other than jails and houses of correction
For highways, including state highways, bridges
and land damages ....
For law libraries ....
For training school ....
For county aid to agriculture
For Walden Pond state reservation
For non-contributory pensions
For contriljutory retirement systems .
For contributory retirement audit
For miscellaneous and contingent expenses, includ-
ing insurance ......
$5,000 00
25,000 00
94,250 00
317,300 00
451,100 00
300,300 00
190,850 00
169,050 00
1,400 00
500 00
42,000 00
6,000 00
32,500 00
38,000 00
72,000 00
167,500 00
401,000 00
14,100 00
101,300 00
52,700 00
26,400 00
34,000 00
58,900 00
1,046 41
10,000 00
346 Acts, 1946. — Chap. 348.
Item
27 For unpaid bills of previous years , . . $4,000 00
31 For reserve fund 20,000 00
And the county commissioners of Middlesex county
are hereby authorized to levy as the county tax
of said county for the current year, in the man-
ner provided by law, the following sum to be
expended, together with the cash balance on
hand and the receipts from other sources, for
the above purposes $2,188,754 31
Norfolk County.
1 For interest on county debt .... $2,500 00
2 For reduction of county debt .... 70,000 00
3 For salaries of county officers and assistants . 47,680 00
4 For clerical assistance in county offices . . 105,930 00
5 For salaries and expenses of district and municipal
courts . 169,650 00
6 For salaries of master and keeper, and assistants,
and support of prisoners in jail and house of
correction 73,560 00
7 For criminal costs in superior court . . . 55,255 00
8 For civil expenses in supreme judicial, superior,
probate and land courts ..... 45,270 00
10 For transportation and expenses of county and
acting commissioners ..... 750 00
11 For medical examiners and commitments of insane 20,000 00
12 For auditors, masters and referees . . . 2,500 00
14 For repairing, furnishing and improving county
buildings 10,000 00
15 For care, fuel, lights and supplies in county build-
ings, other than jail and house of correction . 84,300 00
16 For highways, including state highways, bridges
and land damages ...... 75,550 00
18 For law library 2,690 00
19 For training school 6,000 00
20 For agricultural school 132,712 50
24 For non-contributory pensions .... 7,500 00
25 For contributory retirement systems . . . 20,000 00
25a For contributory retirement audit . . . 648 50
26 For miscellaneous and contingent expenses, includ-
ing insurance ...... 10,000 00
27 For unpaid bills of previous years . . . 6,500 00
31 For reserve fund 10,000 00
33 For post-war rehabilitation fund . . . 50,000 00
And the county commissioners of Norfolk county
are hereby authorized to le-\^ as the county tax
of said county for the current year, in the man-
ner provided by law, the following sum to be ex-
pended together -mth the cash balance on hand
and the receipts from other sources, for the
above purposes ...... $742,516 37
Plymouth County.
1 For interest on county debt
2 For reduction of county debt
3 For salaries of county oflficers and assistants
4 For clerical assistance in county offices
5 For salaries and expenses of district courts _ .
6 For salaries of master and keeper, and assistants
and support of prisoners in jail and house of
correction ......
7 For criminal costs in superior court
8 For civil expenses in supreme judicial, superior,
probate and land courts . , . , , 37,090 00
$3,700 00
23,000 00
35,950 00
51,425 00
94,570 00
104,450 00
40,120 00
Acts, 1946. — Chap. 348.
347
Item
10
For transportation and expenses of county and
acting commissioners ....
For medical examiners and commitments of insane
For auditors, masters and referees
For repairing, furnishing and improving county
buildings ......
For care, fuel, lights and supplies in county build
ings, other than jail and house of correction
For highways, including state highways, bridges
and land damages .....
For examination of dams ....
For law libraries .....
For training school .....
For county aid to agriculture
For non-contributory pensions .
For contributory retirement system
25a For contributory retirement audit
26 For miscellaneous and contingent expenses, in-
cluding insurance .....
27 For unpaid bills of previous years
31 For reserve fund .....
And the county commissioners of Plymouth covmty
are hereby authorized to levy as the county tax
of said county for the current year, in the man-
ner provided by law, the following sum to be
expended, together with the cash balance on
hand and the receipts from other sources, for
the above purposes .....
$1,200 00
9,000 00
3,500 00
15,000 00
38,335 00
142,000 00
1,000 00
3,960 00
2,000 00
28,414 00
4,463 00
21,500 00
123 74
4,500 00
1,000 00
10.000 00
$577,764 70
Worcester County.
1 For interest on county debt
3 For salaries of county officers and assistants
4 For clerical assistance in county offices
5 For salaries and expenses of district courts .
6 For salaries of master and keeper, and assistants,
and support of prisoners in jail and house of
correction ......
7 For criminal costs in superior court
8 For civil expenses in supreme judicial, superior
probate and land courts ....
9 For trial justices .....
10 For transportation and expenses of county and
acting commissioners
1 1 For medical examiners and commitments of insane
12 For auditors, masters and referees
13 For building county buildings
14 For repairing, furnishing and improving county
buildings ......
15 For care, fuel, lights and supplies in county build
ings, other than jail and house of correction
16 For highways, including state highways, bridges
and land damages .
18 For law libraries
19 For training school
20 For county aid to agriculture
22 For preventoria
23 For Mount Wachusett State reservation
23a For Purgatory Chasm State reservation
24 For non-contributory pensions .
25 For contributory retirement systems .
25a For contributory retirement audit
26 For miscellaneous and contingent expenses, in
eluding insurance . . , ,
27 For unpaid billa of previous years
$2,200 00
72,820 00
122,000 00
203,800 00
126,100 00
70,560 00
88,200 00
1,115 00
2,400 00
22,000 00
4,000 00
5,000 00
38,300 00
88,600 00
338,500 00
18,120 00
50,200 00
46,950 00
3,000 00
18,390 00
6,240 00
15,000 00
44,200 00
565 21
11,600 00
4,000 00
348 Acts, 1946. — Chap. 348.
ItetQ
31 For reserve fund $12,500 00
33 For post-war rehabilitation fund . . 35,000 00
And the county commissioners of Worcester county
are hereby authorized to levy as the county tax
of said county for the current year, in the man-
ner provided by law, the following sum, to be
expended together with the cash balance on
hand and the receipts from other sources, for
the above purposes $1,110,334 41
Section 2. No expense incurred for mid-day meals by
county employees, other than those who receive as part of
their compensation a non-cash allowance in the form of full
or complete boarding and housing, and those employees
who are stationed beyond commuting distance from their
homes for a period of more than twenty-four hours, shall be
allowed by any county; provided, that officers or employees
who have charge of juries or who have the care and custody
of prisoners, insane persons or other persons placed in their
charge by a court or under legal proceedings for transfer
to or from court to an institution or from institution to
institution and persons certified by a district attorney as
engaged in investigation shall be reimbursed for the expense
of mid-day meals when necessarily engaged on such duty;
and provided, further, that officers and employees in at-
tendance at meetings and conferences called by or for any
group or class on a state-wide basis shall be so reimbursed.
Section 3. The allowance to county employees for
expenses incurred by them in the operation of motor vehicles
owned by them or by any member of their immediate fami-
lies and used in the performance of their official duties shall
not exceed five and one half cents a mile except in cases
where a higher allowance is specifically provided by statute;
provided, that in the case of insane commitments the justice
of the court ordering the commitment may order a higher
rate.
Section 4. The salary of a justice, special justice, clerk,
assistant clerk, or probation officer of a district court, a
probation officer of the superior court, a trial justice, or a
county commissioner, is hereby increased by an amount
equal to twenty per cent thereof but not to exceed four
hundred and twenty dollars per annum and by an additional
one hundred and fifty dollars per annum, to be effective on
and after July first, nineteen hundred and forty-six. Such
salary as so increased shall be deemed to be the regular
compensation of any such officer or employee now or here-
after in the service of any county. This section shall not
apply to the clerk and the assistant clerks of the central
district court of Worcester, or to officers or employees of
the county of Suffolk, but shall apply to officers or em-
ployees of the county of Nantucket.
Approved May 21, 19/i6.
Acts, 1946. — Chap. 340. 349
An Act to provide for the use of the buildings on Chap. 34.9
THE STATE ARSENAL PROPERTY IN FRAMINGHAM FOR THE
HOUSING OF VETERANS.
Whereas, An acute shortage of housing exists in Framing- Emergeocy
ham and many of the neighboring cities and towns of the p'^ambie.
commonwealth and on account of such shortage many-
veterans of World War II are unable to obtain shelter for
themselves and their families, and this shortage is Ukely to
continue for a substantial period of time; and inability to
obtain adequate shelter will cause suffering and disease
among such veterans and their families unless such shortage
is relieved at once, therefore this act is declared to be an
emergency law, necessary for the immediate preservation
of the pubUc health and convenience.
Be it enacted, etc., as follows:
Section 1. For a period of five years after the effective
date of this act, and until other provision is made by the
general court, the right to use and occupy so much of the
land belonging to the commonwealth and situated in the
town of Framingham, known as the State Arsenal property
and leased by the commonwealth to the United States of
America by indenture dated June twentieth, nineteen hun-
dred and forty-two, for a term which has now expired, as
is determined under section two of this act, shall be vested
in the town of Framingham, and all the right, title and
interest of the commonwealth in the buildings standing on
said land shall be transferred to said town of Framingham,
to be used for the purposes and subject to the conditions set
forth in this act.
Section 2. The amount of such land to which section
one shall relate shall be determined by agreement between
the adjutant general and the chairman of the state board of
housing, and shaU include all of such land upon which build-
ings erected by the United States of America during the
term of said indenture of lease were standing at the expira-
tion thereof, which are not required for uses under the
direction and control of the adjutant general, with adequate
space for light and air around each building; provided, that,
notwithstanding the foregoing, no part of so much of such
land referred to in chapter three hundred and eighty-one
of the acts of nineteen hundred and thirty-nine and chapter
four hundred and sixty-three of the acts of nineteen hundred
and forty-one, or either of said acts, shall be subject to any
provision of this act, nor shall any provision of this act
be deemed to authorize the continued existence upon any
portion of said last mentioned land of any such building or
portion thereof existing thereon on the effective date of this
act. A description of the land the amount of which is so
determined and agreed upon, signed by the adjutant general
and the chairman of the state board of housing, and a plan
350 Acts, 1946. — Chap. 349.
thereof, shall be deposited with the state secretary and kept
on file in his office.
Section 3. The town of Framingham shall cause the
buildings transferred to it by this act, or such of them as in
its opinion may advantageously be used for the purposes
hereinafter set forth, to be converted into dwelling units
for one or more families each and, for a period of five years
after the effective date of this act, such buildings shall be
leased to veterans of World War II. For the purposes of
this act the word "veteran" shall be taken to mean a man
or woman who served in the army or navy of the United
States at any time on or after December seventh, nineteen
hundred and forty-one, and before the conclusion of World
War II and has been separated therefrom under conditions
other than dishonorable. The term shall also include the
widow and the mother of a man who so served and who died
while in such service and the wife of a man who is still serving
in said army or navy.
Section 4. For the purpose of defraying the expense of
said conversion said town of Framingham may enter into
an agreement with the United States of America or with any
appropriate federal agency and may receive grants or gifts
from the United States government, or from any federal
agency, the commonwealth or any person or corporation, of
money, materials, furniture, equipment or other property,
or services, and may co-operate with the United States
government, or any federal agency, or any person or cor-
poration, in carrying out the provisions of this act, as a joint
enterprise or in any other manner. In connection with any
agreement with the United States of America, or any federal
agency, said town of Framingham may obUgate itself by
contract with respect to the operation, maintenance, occupa-
tion, rental and final disposition of said buildings, and of the
payments received from the rentals derived therefrom not
inconsistent with the provisions of this act.
Section 5. For defraying the expense of converting and
equipping said buildings for the purposes set forth in this
act not fully met under the provisions of section four, and
for maintaining said buildings, the town of Framingham
may raise and appropriate from time to time such sums as
may be necessary. If a housing authority shall have been
created in the town of Framingham pursuant to section
twenty-six L of chapter one hundred and twenty-one of the
General Laws, the town of Framingham shall use said au-
thority as its agent in carrjdng out the provisions of this act
and all moneys appropriated under this act or received by
said town for the purposes of this act from any source shall
be paid to the treasurer of said authority and shall be dis-
bursed by him subject to section twenty-six EE of chapter
one hundred and twenty-one of the General Laws. All
amounts received by said Framingham Housing Authority
as rents from the occupants of said buildings shall be dis-
bursed by the treasurer of said authority for maintenance
Acts, 1946. — Chap. 349. 351
and other expenses, subject to any contractual obligations
to the United States of America or any federal agency. The
town of Framingham may incur debt to meet the appro-
priations voted for carrying out this act. Each authorized
issue shall constitute a separate loan and such loans shall
be due and payable in not more than five years from their
dates. Indebtedness incurred under this act shall be outside
the statutory limit and, except as provided herein, be sub-
ject to the applicable provisions of chapter forty-four of
the General Laws, excluding the limitation contained in the
first paragraph of section seven thereof; provided, that the
total amount of indebtedness under this act outstanding at
any time shall not exceed one per cent on the average of
the assessors' valuation of its taxable property for the three
preceding years, reduced and otherwise determined as pro-
vided in section ten of said chapter forty-four.
Section 6. In allotting the dwelling units, veterans who
are inhabitants of the town of Framingham shall have
preference. If said town shall have expended funds raised
and appropriated by it from the tax levy or from loans on
converting and equipping said dwelling units, no veteran
who is an inhabitant of any city or town other than the town
of Framingham shall be accepted as a tenant unless the
mayor of the city or the selectmen of the town of which such
veteran is an inhabitant shall agree in writing on behalf of
such city or town with the town of Framingham that such
city or town will reimburse the town of Framingham for a
proportionate part of the cost incurred by it in converting
and equipping said buildings as dwelling units. Such an
agreement shall be binding and valid and a city or town on
behalf of which such an agreement has been made is au-
thorized to raise and appropriate sufficient amount to carry
out such agreement. If the amount due under such an
agreement is not paid, it may be recovered by the town of
Framingham in an action of contract.
Section 7. No contract shall be entered into by the
town of Framingham, or by the Framingham Housing Au-
thority, with the United States of America, or with any
federal agency, under this act without the approval of the
state board of housing, and no appropriation made or debt
incurred by the town of Framingham under this act shall be
valid unless approved by the state board of housing. The
Framingham Housing Authority, if such an authority shall
have been created, otherwise the selectmen of the town of
Framingham, shall determine in the first instance reasonable
rents to be charged to veterans for the occupancy of the
dwelling units transferred to it under this act. Any person
aggrieved by the determination of reasonable rents under this
section may appeal from such determination within ten days
after it has been made to the state board of housing; and
the decision of such board on questions of fact shall be final.
Section 8. The buildings transferred under this act may
be converted and used, maintained and occupied, as pro-
362 Acts, 1946. — Chap. 350.
vided herein, notwithstanding any statute or by-law or
regulation of the town of Framingham relating to town plan-
ning, the subdivision and use of land, and the construction,
repair, maintenance and use of buildings, provided that such
variance from the requirements of such statutes, by-laws
and regulations is approved by the state board of housing.
The board of health of such town, if it finds that the attend-
ant sanitary conditions are such that the buildings may be
occupied as provided herein without endangering the health
of the public or of the occupants of such buildings, although
all of the statutes, by-laws and regulations relating to the
protection of the public health may not be complied with,
may authorize under such conditions as it may impose, a
variance from the requirements of such statutes, by-laws and
regulations. Such buildings while owned by said town of
Framingham shall be subject to taxation in the town of
Framingham in the same manner and to the same extent as
other real estate, but the land on which they stand shall
remain exempt from taxation. Nothing herein shall prevent
an agreement for a payment and payment in Ueu of taxes on
said land.
Section 9. If after a reasonable time has elapsed the
conversion of said buildings under this act has not been
begun, or is not being completed with reasonable dispatch,
or the use and occupation of the buildings under this act
has not been begun, or has ceased, the state board of housing
shall order the project discontinued and the use and occupa-
tion of the land on which the buildings stand restored to the
adjutant general, and such disposition made of the buildings
as is required by contract with the United States of America
or with any federal agency, or in the absence of such require-
ment as is in the public interest. Approved May 21, 19^6.
Chap. S50 An Act authorizing the city of Worcester to borrow
MONEY FOR THE PURPOSE OF ACQUIRING A SITE AND CON-
STRUCTING AND EQUIPPING A PUBLIC LIBRARY BUILDING.
Be it enacted, etc., as follows:
Section 1. For the purposes of acquiring land for and
constructing a public library and originally equipping and
furnishing said building, the city of Worcester may borrow
from time to time, within a period of ten years from passage
of this act, such sums as may be necessary, not exceeding,
in the aggregate, one million five hundred thousand dollars,
and may issue bonds or notes therefor, which shall bear on
their face the words, Worcester Public Library Building
Loan, Act of 1946. Each authorized issue shall constitute
a separate loan, and such loans shall be payable in not
more than ten years from their dates, but no loan shall be
authorized under this act unless a sum equal to an amount
not less than ten per cent of the loan so authorized is voted
for the same purpose to be provided from taxes or other
Acts, 1946. — Chaps. 351, 352. 353
available funds in the year when authorized. Indebtedness
incurred under this act shall be in excess of the amount
authorized by chapter two hundred and eleven of the Special
Acts of nineteen hundred and sixteen, as amended by chapter
one hundred and thirty-eight of the acts of nineteen hun-
dred and twenty, but shall, except as provided herein, be
subject to chapter forty-four of the General Laws, exclusive
of the first paragraph of section seven of said chapter.
Section 2. This act shall take effect upon its passage.
Approved May 21, 1946.
An Act relative to admission of patients to the mid- Chav.S51
DLESEX COUNTY SANATORIUM FOR TREATMENT OF DISEASE
OF THE LUNGS OTHER THAN PULMONARY TUBERCULOSIS.
Be it enacted, etc., as follow s:
Section 1. Whenever accommodations are available at
the Middlesex County Sanatorium residents of the hospital
district of said sanatorium may be admitted for treatment
of an}' disease of the lungs other than pulmonary tubercu-
losis. Such patients shall be admitted through applications
of the boards of health or departments of public welfare of
the towns served by said sanatorium under rates, rules and
regulations established by the trustees of said sanatorium.
Section 2. This act shall take full effect upon its ac-
ceptance during the current year by the county commis-
sioners of Middlesex county, but not otherwise.
Approved May 21, 1946.
An Act relative to the holding of property by the nhn^ 359
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 hundred
and eighty-eight of the acts of nineteen hundred and thirty-
nine, is hereby authorized to hold, for the purposes set forth
in said chapter, real and personal estate to an amount not
exceeding four hundred thousand dollars, in addition to the
amount of real and personal estate which may be held by
said corporation under authority of said chapter and of
chapter three hundred and ninety of the acts of nineteen
hundred and forty-five.
Section 2. The trustees of the Massachusetts state
college may, in the name of and for the commonwealth,
lease to said corporation eight acres of land in Amherst
or Hadley owned by the commonwealth, for the erection
and maintenance of dormitories, commons and other build-
ings for the use of said college or its students. The land
hereby authorized to bo leased to said corporation shall be
354
Acts, 1946. — Chap. 353.
in addition to that authorized to be leased by section six of
said chapter three hundred and eighty-eight and by section
two of said chapter three hundred and ninety, but nothing
in this section shall be construed as limiting or restricting
the powers conferred upon said trustees by said section six
with respect to the leasing of lands by them to said corpora-
tion. Approved May 21, 1946.
G. L. (Ter.
Ed.), 262,
§ 38, etc.,
amended.
Fees to be
paid for re-
cording, filing
or deposit of
an instrument.
C/iap. 353 An Act relative to regulating fees to be charged by
THE LAND COURT, THE REGISTRIES OF DEEDS AND THE
registry districts op the LAND COURT.
Be it enacted, etc., as follows:
Section 1. Chapter two hundred and sixty-two of the
General Laws is hereby amended by striking out section
thirty-eight, as most recently amended by section two of
chapter five hundred and sixty-nine of the acts of nineteen
hundred and forty-five, and inserting in place thereof the
following section : — Section 88. The fees of registers of
deeds, except as otherwise provided, to be paid when the
instrument is left for recording, filing or deposit, shall be as
follows : —
For entering and recording any paper, certifying the same
on the original, and indexing it, and for all other duties per-
taining thereto, except when a marginal reference or refer-
ences are required, one dollar and fifty cents. If the paper
contains more than one page, at the rate of sixty cents for
each page after the first; provided, that if the paper con-
tains the names of more than two parties thereto, other
than the husband and wife of the grantor or grantee, an
additional fee of twenty-five cents each shall be charged for
indexing the names of additional grantors or grantees or
other parties thereto. The minimum fee for recording a
deed or conveyance or a mortgage shall be three dollars.
For all copies except photostat copies, at the rate of sixty
cents a legal page of two hundred and twenty-four words.
For photostat copies of all instruments, except copies of
plans, at the rate of forty cents a page.
For recording and filing a plan, of a size not over fourteen
inches by nine and a half inches, one dollar and fifty cents.
For larger sizes, not less than three dollars.
For entering an attachment or an execution, for each de-
fendant named, one dollar.
For entering a discharge or a partial release of an attach-
ment, seventy-five cents.
For entering in the margin a discharge of a mortgage,
seventy-five cents.
For entering an instrument of taking of land for non-
payment of taxes, one dollar.
For entering a discharge of an attachment or of a lien on
a building or land, seventy-five cents for each defendant
named.
Acts, 1946. — Chap. 353. 366
For entering any marginal references when required,
twenty-five cents.
Section 2. Said chapter two hundred and sixty-two is
hereby further amended by striking out section thirty-nine,
as most recently amended by chapter five hundred and
twenty-two of the acts of nineteen hundred and forty-five,
and inserting in place thereof the following section : — Sec-
tion S9. The fees payable under chapter one hundred and
eighty-five shall be as follows : —
For the entry of every original petition or writ and trans-
mitting it to the recorder, when filed with an assistant re-
corder, five dollars.
For every plan filed in an original proceeding, seventy-
five cents, and for every new plan filed after original regis-
tration or for making a new plan on request of a registered
owner, five dollars. The filing fee in a registry of deeds upon
receipt from the recorder of the land court of a plan or copy
of a plan shall be one dollar.
For indexing an instrument recorded while a petition for
registration is pending, twenty-five cents.
For examining title, on a petition to register land, or on a pe-
tition to register easements or rights in land, the actual amount
charged or allowed therefor to the examiner by the court.
For each notice by mail, thirty-five cents and the actual
cost of printing.
For all services by a sheriff or deputy sheriff under pro-
visions of chapter one hundred and eighty-five, the same
fees as are provided by law for like services.
For each notice by publication, thirty-five cents and the
actual cost of pubUcation.
For entry of an order dismissing a petition for registra-
tion of title, or for foreclosure of a tax title, or a decree of
foreclosure of a tax title or of redemption, and sending a
memorandum to the assistant recorder, one dollar.
For entry of a decree of registration and sending a memo-
randum to the assistant recorder, one quarter of one per cent
of the assessed value of the property registered, on the basis
of the last assessment for municipal taxation, in addition to
any sum payable under section ninety-nine of chapter one
hundred and eighty-five, but in no one proceeding shall the
amount payable under this paragraph be less than ten nor
more than one thousand dollars.
For a copy of a decree of registration, foreclosure or re-
demption, one dollar.
For the entry of an original certificate of title and issuing
one duplicate, five dollars.
For making and entering a new certificate of title, includ-
ing issue of one duplicate, two dollars.
For each additional duplicate certificate after the first,
one dollar.
For making and attesting copy of memorandum on each
additional instrument or duplicate certificate if required,
seventy-five cents.
356 Acts, 1946. — Chap. 354.
For filing and registering an adverse claim, three dollars.
For entering statement of change of residence or postoffice
address, including endorsing and attesting it on a duplicate
certificate, one dollar.
For entering any note in the entry book or in the registra-
tion book, one dollar.
For the registration of a suggestion of death or notice of
issue of a warrant in insolvency or of adjudication of bank-
ruptcy, one dollar.
For the registration of a partial release, discharge or re-
lease of a mortgage or other instrument creating an encum-
brance, or of an assignment or extension of a mortgage, or of
a power of attorney, one dollar.
For the registration of a memorandum or certificate of
entry for possession or deposition in proof thereof, one
dollar.
For the registration of any levy, or of any discharge or
dissolution of any attachment or levy, or of any certificate
of or receipt for payment of taxes, or of a notice of any
mechanic's lien or hen for labor or materials, or a notice of
any pending action or of a judgment or decree, one dollar.
For endorsing on any mortgage, lease or other instrument
a memorandum of partition, one dollar.
For every petition after the original registration, one
dollar.
For a certified copy of any decree or registered instru-
ment, the same fees as are provided for registers of deeds.
For entering an instrument of taking of land for non-
payment of taxes, one dollar.
For the registration of all other instruments, whether
single or in duphcate or tripHcate, including entering, in-
dexing and filing it and attesting the registration thereof,
and also making and attesting a cop}-- of memorandum on
one instrument or on a duplicate certificate when required,
two dollars. Approved May 21, 1946.
Chap. 354: An Act authorizing the town of sherborn to use
CERTAIN PLAYGROUND PROPERTY FOR FIRE STATION
PURPOSES.
Be it enacted, etc., as follows:
Section 1. The town of Sherborn, notwithstanding any
limitation contained in chapter forty-five of the General
Laws, may use for fire station purposes such portion of the
park land located on Main street in said town and known
as the town playground as the selectmen may determine.
Section 2. This act shall take effect upon its passage.
Approved May 22, 1946.
Acts, 1946. — Chaps. 355, 356, 357. 357
An Act authorizing the town of cummington to bok- QfiQj) 355
ROW FOR school PURPOSES. ^'
Be it enacted, etc., as follows:
Section 1. For the purposes of acquiring land for and
constructing a school building and originally equipping and
furnishing the same, the town of Cummington 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 ex-
ceeding, in the aggregate, twenty-five thousand dollars, and
may issue bonds or notes therefor, which shall bear on their
face the words, Cummington School Loan, Act of 1946.
Each authorized issue shall constitute a separate loan, and
such loans shall be paid in not more than twentj^ years from
their dates. Indebtedness incurred under this act shall be
in excess of the statutory Hmit, but shall, except as herein
provided, be subject to chapter forty-four of the General
Laws, including the limitation contained in the first para-
graph of section seven thereof.
Section 2. This act shall take effect upon its passage.
Approved May 22, 1946.
An Act authorizing the town of wellesley to pay a Chap. 356
SUM of money to DAVID A. GALLERY OF SAID TOWN.
Be it enacted, etc., as follows:
Section L The town of Wellesley may, subject to
approval by vote of the town, which vote may be taken
prior to the effective date of this act, pay to David A.
Gallery of said town a sum not exceeding two thousand
dollars to reimburse him for money expended for counsel
fees and costs in connection with his appeal to the district
court of northern Norfolk from the action of the selectmen
of said town in removing him from the office of police sergeant
therein and in connection with certiorari proceedings in the
superior court in relation to the action of said district court
in ordering his reinstatement, notwithstanding any statute
or by-law to the contrary. Any appropriation voted by
said town for the purposes of this act prior to its effective
date shall be valid to the same extent as if it were voted on
or after said date.
Section 2. This act shall take full effect upon its ac-
ceptance by vote of the selectmen of the town of Wellesley.
Approved May 22, 1946.
Chap.S57
An Act relative to the education of certain physi-
cally HANDICAPPED CHILDREN.
Be it enacted, etc., as follows:
Chapter seventy-one of the General Laws is hereby g. l. (Xer.
amended by striking out section forty-six A, as most re- flbA^etc,
cently amended by chapter five hundred and thirty-four of amended. '
358
Acts, 1946. — Chap. 358.
Instruction
of physically
handicapped
children in
their homea,
etc.
the acts of nineteen hundred and forty-five, and inserting
in place thereof the following section: — Section 46 A. The
school committee of every town shall annually ascertain,
under regulations prescribed by the department, after con-
sultation with the commissioners of pubUc health and public
welfare, the number of children of school age and resident
therein who are physically handicapped. In any town
where there is a child of school age resident therein so physi-
cally handicapped as to make attendance at a pubUc school
not feasible, and who is not otherwise provided for, the
school committee shall employ a teacher or teachers, on full
or part time, who shall, with the approval in each case of
the departments of education and pubUc health, offer in-
struction to each such child in his home or at such place
and under such conditions as the committee may arrange.
In any town where there is a child of school age resident
therein physically able to attend school but whose hearing,
vision or speech is impaired or who is otherwise physically
handicapped to such an extent as to prevent normal educa-
tional growth and development, such child shall be given
that type of training recommended by the state department
of education.
If a town furnishing instruction under this section to a
child confined in a hospital, sanatorium or similar institution
located therein is not the legal residence of the parent or
guardian of such child, the town where such parent or
guardian has a legal residence shall pay tuition to the town
furnishing such instruction. Said tuition shall be computed
at the regular rate established for non-resident pupils by the
school committee of the town furnishing the instruction,
filed with and approved by the department.
Approved May 22, 1946.
Chap.S5S An Act amending the laws governing cities, towns and
DISTRICTS in respect TO FINANCES AND OTHER RELATED
MATTERS.
Be it enacted, etc., as follows:
Section 1. Section four of chapter forty of the General
Laws, as amended, is hereby further amended by adding at
the end the following paragraph: —
For lighting pubhc highways and public grounds for a
period not exceeding ten years.
Section 2. Clause (1) of section five of said chapter
forty, as most recently amended by section two of chapter
three hundred and ninety-one of the acts of nineteen hundred
and forty-five, is hereby further amended by adding at the
end the following : — , or to pay a proper charge to prevent
loss by reason of destruction or damage of buildings or per-
sonal property by fire or other causes normally covered by
fire insurance policies issued in the commonwealth.
Edh4?5 5. Section 3. Said section five is hereby further amended
further ' ' by Striking out clause (11), as appearing in the Tercentenary
amended.
G. L. (Ter.
Ed.), 40, § 4,
etc., amended.
Municipal
power to
contract.
G. L. (Ter.
Ed.). 40, § 5,
etc., amended.
Acts, 1946. — Chap. 358. 359
Ekiition, and inserting in place thereof the following clause: —
(11) For necessary aid to soldiers and sailors and their Power to make
faraiUes, and to the famihes of deceased soldiers and sailors. ^PP'opriations.
Section 4. Said section five is hereby further amended Ed^'io^s's
by inserting after clause (16) the following clause: — further '
(16A) For the employment of legal counsel for general ^°'^'"^^^-
*^-,,-^»^^^^^ Same
purposes. subject.
Section 5. Clause (20) of said section five, as appearing g. l. (Ter.
in the Tercentenary Edition, is hereby amended by striking ^j^i^g^^- § ^•
out, in the last line, the word "selectmen" and inserting in amended.
place thereof the word : — town, — so as to read as follows : —
(20) For the erection and maintenance of a hospital for Same subject,
the reception of persons requiring rehef during temporary
sickness. Such hospitals shall be managed by trustees or
other officers and agents appointed in accordance with ordi-
nances, rules or regulations made by the city council or the
town.
Section 6. Said section five is hereby further amended EJ^-^J^J-g
by inserting after clause (25) the following clause : — further ' '
(25A) For the maintenance and supervision of beaches ^™^'''*«<^-
and swimming pools for recreation and physical exercise. ^^"^^ subject.
Section 7. Clause (26) of said section five, as appearing g. l. (Ter.
in the Tercentenary Edition, is herebj^ amended by striking ^het°' ^ ^
out all after the word "celebrations", — so as to read as amended.' .*"
follows : —
(26) For pubUc band concerts, or for music furnished for Same subject,
public celebrations.
Section 8. Said section five is hereby further amended S^j^jJ^I-.
by striking out clause (27), as appearing in the Tercentenary further ' '
Edition, and inserting in place thereof the following clause : — amended.
(27) For the celebration of the fourth of July, for the Same subject,
celebration of the return of veterans, or for the observance of
an old home week or day, to take place during any week or
upon any day of the year in which the appropriation is made,
during which the town may conduct appropriate celebrations
in honor of returning residents and other invited guests and
hold exercises of historic interest; and, by a two thirds vote,
for the celebration of the anniversary of its settlement or of
its incorporation at the end of a period of fifty, or of any
multiple of fifty, years therefrom, and for publishing the pro-
ceedings thereof. Money may be appropriated for the cele-
bration of such anniversary not earlier than two years prior
to such celebration. If there is any question as to the date
of the settlement, the date shall be determined by the select-
men, subject to the approval of the voters. The celebration
of the anniversary may be held at any time during the
year.
Section 9. Said section five is hereby further amended g.l. (Ter.
by striking out clause (33), as so appearing, and inserting in furthet"' '
place thereof the following clause:— amended.
(33) For acquiring land, or for the lease thereof for a same aubject.
period of not more than five years, for public parking places
and maintaining the same.
360
Acts, 1946. — Chap. 358.
G. L. (Ter.
Ed.). 44. §1.
amended.
" Revenue '
defined.
G. L. (Tcr.
Ed.). 44, § 2.
etc., amended.
Municipal
indebtedness
regulated.
G. L. (Ter.
Ed.). 44, § 4,
etc., amended.
Temporary
loans by
cities, towns,
etc.
Section 10. Section one of chapter forty-four of the
General Laws, as appearing in the Tercentenary Edition,
is hereby amended by striking out the paragraph defining
"Revenue" and inserting in place thereof the following
paragraph : —
"Revenue", receipts from (1) the exercise of governmental
power of taxation and poHce control; (2) donations, gifts,
grants and subvention for governmental use; (3) performing
services for compensation and from the operation or man-
agement of productive enterprises, investments and prop-
erties of government. Receipts from the sale or disposal of
capital assets, loans, refunds and various temporary trans-
actions are in the nature of non-revenue.
Section 11. Section two of said chapter forty-four, as
amended by section four of chapter two hundred and twenty-
four of the acts of nineteen hundred and thirty-six, is hereby
further amended by striking out, in the second line, the words
"and towns" and inserting in place thereof the words: —
, towns and districts, — so as to read as follows: — Section 2.
Except as otherwise expressly permitted by law, cities, towns
and districts shall incur debts only in the manner of voting
and within the limitations as to amount and time of payment
prescribed in this chapter; but this section shall not be con-
strued as prohibiting any city, town or district from placing
additional restrictions, consistent with this chapter, upon
the manner of incurring debt, nor as afTecting the right of
anj^ city, town or district to incur debt under any special act
which has or shall become effective after January first, nine-
teen hundred and twenty-one, or at any time in the case of
debt of the city of Boston for tunnel or transit purposes; but
no debt may be authorized under a special act except by a two
thirds vote, unless the act so provides. All provisions of law
providing for sinking funds for the payment of debt of the
city of Boston incurred for transit or tunnel purposes shall
continue to be applicable to said debt.
Section 12. Section four of said chapter forty-four, as
most recently amended by chapter sixteen of the acts of
nineteen hundred and thirty-six, is hereby further amended
by inserting after the word "purposes", in the thirteenth
line, the words : — ; and for districts shall not exceed the
receipts from taxes, rates and services of the preceding year,
and for newly established districts an amount as fixed by
vote of the district, — so as to read as follows: — Section 4-
Cities, towns and fire, water, light and improvement dis-
tricts may, by a majority vote, incur debt for temporary
loans in anticipation of the revenue of the financial year in
which the debt is incurred, and may issue notes therefor to
an amount which for cities and towns shall not exceed in the
aggregate the total tax levy of the preceding financial year,
together with the corporation and income tax received during
the preceding financial year, exclusive of special or addi-
tional assessments or revenue from any other source except
payments made by the commonwealth in lieu of taxes on
Acts, 1946. — Chap. 358. 361
account of property taken for institutions or for metropolitan
district purposes; and for districts shall not exceed the
receipts from taxes, rates and services of the preceding year,
and for newly established districts an amount as fixed by
vote of the district. Such notes shall be payable, and shall
be paid, not later than one j^ear from their date, and shall
not be renewed or paid by the issue of new notes, except as
provided in section seventeen.
Section 13. The first paragraph of section seven of Ed.t'il^^i'y.
said chapter forty-four, as amended, is hereby further etc., 'amended.
amended by inserting after the word "year", in the ninth
line, as appearing in section five of chapter two hundred
and twenty-four of the acts of nineteen hundred and thirty-
six, the words: — , exclusive of the value of motor vehicles
and the value of ships and vessels on which a vessel excise
tax is based, — so as to read as follows : — Cities and towns ^JJ^P^^^f^/j^'"
may incur debt, within the limit of indebtedness prescribed Tni'^towns^
in section ten, for the following purposes, and payable wfthinThe''
within the periods hereinafter specified, but, except for the debt limit.
purposes set forth in the eleventh clause, no loan shall be
authorized in any year under any one of the following
clauses unless a sum equal to twenty-five cents, or in the
case of Boston ten cents, on each one thousand dollars of the
assessed valuation of the city or town for the preceding
year, exclusive of the value of motor vehicles and the value
of ships and vessels on which a vessel excise tax is based has
been appropriated from available revenue funds or voted
to be raised by taxation for the purposes set forth in such
clause in the year when the loan is authorized :
Section 14. Clause (12) of said section seven, as so g- l. (Ter.
appearing, is hereby repealed. ci. (12)^' '
Section 15. Section eight of said chapter forty-four is '■^peaied.
hereby amended by adding after clause (12) the following Ed.)','4T,^§'8,
clause: new cl. (13),'
(13) For the establishing of public airports, including the p^^^^' ^ ^
acquiring of land, grading and constmcting suitable surface which dties*^
on such fields, the construction of necessary buildings and maVbor^w
the original equipment and furnishing of same, ten years; "^^j^f '"^f *.^^
but the indebtediiess so incurred shall not exceed one per ^' ""'*'
cent of the last preceding assessed valuation of the city or
town. The proceeds of indebtedness incurred hereunder
may be expended for the establishment of such an airport
jointly by two or more municipalities.
Section IG, Section twelve of said chapter forty-four, g i.. (Ter. ^
as amended by section eight of chapter two hundred and etc!, 'repealed!'
twenty-four of the acts of nineteen hundred and thirty-six,
is hereby repealed.
Section 17. Said chapter forty-four is hereby further g l. (Xer. ^
amended by striking out section thirteen, as appearing in the amendell. ^"''
Tercentenary Edition, and inserting in place thereof the
following section: — Section IS. In towns, during the inter- Town
val between December thirty-first in each year and the time incS?" ™*^
of making the next annual appropriations, town officers jjej'wier
362
Acts, 1946. — Chap. 358.
December
31 and next
appropriation.
G. L. (Ter.
Ed.). 44, § 17.
amended.
Temporary
loan may be
made for
period not
exceeding one
year, etc.
G. L. (Ter.
Ed.), 44. § 18,
amended.
Discount
of notes.
G. L. (Ter.
Ed.). 44, 5
amended.
authorized to make expenditures may incur liabilities in
carrying on the several departments intrusted to them, and
payments therefor shall be made from the town treasury
from any available funds therein, and the same shall be
charged against the next annual appropriation; provided,
that the habihties incurred during such interval for regular
employees do not exceed in any month the average monthly
expenditures of the last three months of the preceding year,
and that the total liabilities incurred during said interval
do not exceed in any one month the sums spent for similar
purposes during any one month of the preceding year; and
provided, further, that said officers may expend in any one
month for any new officer or board created by law an amount
not exceeding one twelfth of the total estimated cost for said
year; but all interest and debt falling due in the said interval
shaU be paid.
Section 18. Section seventeen of said chapter forty-
four, as so appearing, is hereby amended by inserting after
the words "five A" in the eleventh line the words: — , five
B, — so as to read as follows: — Section 17. If a city, town
or district votes to issue bonds, notes or certificates of
indebtedness in accordance with law, the officers authorized
to issue the same may, in the name of such city, town or
district, make a temporary loan for a period of not more
than one year in anticipation of the money to be derived
from the sale of such bonds, notes or certificates of indebted-
ness, and may issue notes therefor; but the time within
which such securities shall become due and payable shall
not be extended by reason of the making of such temporary
loan beyond the time fixed in the vote authorizing the issue
of such bonds, notes or certificates of indebtedness; and notes
issued under this section and sections four, five, five A,
five B, six and six A for a shorter period than one year may
be refunded by the issue of other notes maturing within the
required period; provided, that the period from the date of
issue of the original loan to the date of maturity of the re-
funding loan shall be not more than one year; and provided,
further, that no notes shall be refunded under this section
except under authority of such vote, if any, as is required for
the original borrowing.
Section 19. Section eighteen of said chapter forty-four,
as so appearing, is hereby amended by inserting after the
words "five A", in the first line, the words: — , five B, — so
as to read as follows: — Section 18. Notes issued under
section four, five, five A, five B, six, six A or seventeen may
be sold at such discount as the treasurer or other officer
authorized to sell the same may, with the approval of the
officer or officers whose counter-signature is required on
said notes, deem proper, the discount to be treated as
interest paid in advance.
Section 20. Section nineteen of said chapter forty-four,
as so appearing, is hereby amended by inserting after the
words "five A", in the third line, the words: — , five B, —
Acts, 1946. — Chap. 358. 363
and by striking out, in the thirteenth and fourteenth hues,
the words ", for the purchase of land for the protection
thereof or for acquiring water rights", — so as to read as
follows: — Section 19. Cities, towns and districts shall not Provisions^
issue any notes payable on demand, and they shall provide o7debtrby*
for the payment of all debts, except those incurred under and^jigtrTc"!
sections four, five, five A, five B, six, six A and seventeen,
by such annual payments as will extinguish the same at
maturity, and so that the first of such aimual payments on
account of any loan shall be made not later than one year
after the date of the bonds or notes issued for the serial
loan, and so that the amount of such annual payments in
any year on account of such debts, so far as issued, shall
not be less than the amount of principal payable in any
subsequent year, and such annual amounts, together with
the interest on all debts, shall, without further vote, be
assessed until the debt is extinguished ; provided, that in the
case of bonds or notes issued for establishing or purchasing
a water supply system for its inhabitants, the first of such
annual payments shall be made not later than three years
after the date thereof.
Section 21. Section twenty of said chapter forty-four, g. l. (Ter.
as so appearing, is hereby amended by inserting after the f^^^^^^j ^ 20,
word "authorized", in the sixth line, the words: — , or if the
project is abandoned or discontinued by vote of the city
council or vote of the town meeting, — so as to read as fol-
lows : — Section 20. The proceeds of any sale of bonds or proceeds of
notes, except premiums, shall be used only for the purposes ^ be°u8e°d '^^
specified in the authorization of the loan; provided, that oniyforpi^-
transfers of unexpended amounts may be made to other etT^ ^^^*^ ^ '
accounts to be used for similar purposes or such unexpended
amounts may, after the expiration of two years from the
completion of the project for which the loan was authorized,
or if the project is abandoned or discontinued by vote of the
city council or vote of the town meeting, be transferred to
any other account established for purposes for which a loan
may be authorized for an equal or longer period of time.
Any premium received upon such bonds, less the cost of Premiums.
preparing, issuing and marketing them, shall be apphed to
the payment of the principal of the first bonds or notes so
to mature, and the contributions from other sources for the
payment of said bonds or notes shall be reduced corre-
spondingly.
Section 22. Section twenty-one of said chapter forty- g. l. (Ter.
four, as so appearing, is hereby amended by striking out the amendeli.^ ^^'
last sentence, — so as to read as follows: — Section 21. A jggueof new
city or town which recalls and pays any of its securities securities for
under rights reserved therein may issue, in place of securi- orplfd.* ^
ties so recalled and paid, other securities payable at periods
within the maturity of those originally issued.
Section 23. Said chapter forty-four is hereby further g. l. (Ter.
amended by striking out section thirty-one, as so appearing, ameAded.^ ^^'
and inserting in place thereof the following section: — Sec- Liability not
364
Acts, 1946. — Chap. 359.
♦ o be incurred
in excess of
appropriation,
etc.
G. L. (Ter.
Ed.). 44, § 54,
etc., amended.
Investment
of trust
funds, etc.
G. L. (Ter.
Ed.), 44, § 63,
amended.
Application
of proceeds
of certain
sales of
real estate.
Hon 31. No department financed by municipal revenue, or
in whole or in part by taxation, of any city or town, except
Boston, shall incur a liability in excess of the appropriation
made for the use of such department, each item recom-
mended by the mayor and voted by the council in cities,
and each item voted by the town meeting in towns, being
considered as a separate appropriation, except in cases of
extreme emergency involving the health or safety of persons
or property, and then only by a vote in a city of two thirds
of the members of the city council, and in a town by a vote
of two thirds of the selectmen.
Section 24. Section fifty-four of said chapter forty-four,
as amended by chapter two hundred of the acts of nineteen
hundred and thirty-three, is hereby further amended by
striking out, in the seventh line, the word "securities" and
inserting in place thereof the words : — bonds or notes, —
and by striking out, in the sixth and seventh lines, the words
"shares of co-operative banks" and inserting in place thereof
the words: — paid-up shares of co-operative banks, — so as
to read as follows: — Section 54- Trust funds, including
cemetery perpetvial care funds, unless otherwise provided or
directed by the donor thereof, shall be placed at interest in
savings banks, trust companies incorporated under the laws
of the commonwealth, or national banks, or invested by
cities and towns in paid-up shares of co-operative banks,
or in bonds or notes which are legal investments for savings
banks. This section shall not apply to Boston.
Section 25. Section sixty-three of said chapter forty-
four, as appearing in the Tercentenarj^ Edition, is hereby
amended by inserting after the word "estate" in the first
line the words : — , other than that acquired through tax
title foreclosure, — so as to read as follows : — Section 63.
Whenever the proceeds of the sale of real estate, other than
that acquired through tax title foreclosure, by a city or
town exceed five hundred dollars, the same shall be applied
to the payment of indebtedness incurred in acquiring such
real estate or shall be added to the sinking fund, if any,
from which said indebtedness is payable, or if no such in-
debtedness is outstanding shall be used for any purpose or
purposes for which the city or town is authorized to incur
debt for a period of ten years or more.
Approved May 22, 1946.
Chap. 359 An Act to provide for the completion of a green-
house AT THE WALTHAM FIELD STATION.
Be it enacted, etc., as follows. '
The trustees of the Massachusetts State College are
hereby authorized to expend for the completion of a green-
house the construction of which has been begun at the
Waltham Field Station, a part of the Agricultural Experi-
ment Station of said college, such sum, not exceeding nine
thousand dollars, as may be appropriated for the purpose.
Approved May 22, 1946.
Acts, 1946. — Chaps. 360, 361. 365
An Act relative to contributions by successor em- QJid'n 3gQ
PLOYING UNITS UNDER THE EMPLOYMENT SECURITY LAW. ^'
Be it enacted, etc., as follows:
Subsection (c) of section fourteen of chapter one hundred EJ^'^JfX'
and fifty-one A of the General Laws, as most recently § u,' etc., '
amended by chapter five hundred and sixteen of the acts of '*™^°'^®'*-
nineteen hundred and forty-five, is hereby further amended
by striking out the paragraph appearing in the forty-eighth
to the seventy-second lines, inclusive, and inserting in place
thereof the following paragraph : —
The provisions of this subsection shall apply in deter- contributions
mining the contribution rates of employers for the year empkTyfnT'^
nineteen hundred and forty-two and for subsequent years units.
in the cases of items 1, 2, 3 and 4 above, and for the year
nineteen hundred and forty-four and for subsequent years
in the cases of items 5, 6 and 7 above. The succeeding
employing unit shall file with the director a notice of such
change in legal identity or form of the employer or em-
ployers, such notice to be filed in the form and manner
prescribed by the director, in the cases of items 1, 2, 3 and 4
above, on or before September twelfth, nineteen hundred
and forty-three, or within two months after the last day of
the quarter in which said change occurred, whichever is
later, and in the cases of items 5, 6 and 7 above, within three
months after September twenty-sixth, nineteen hundred and
forty-five, or within two months after the last day of the
quarter in which said change occurred, whichever is later.
Whenever a succeeding emplojn'ng unit has failed to file a
notice of such change within the time prescribed, his or its
contribution rate shall be two and seven-tenths per cent for
the entire calendar year in which such notice is received by
the director. The provisions of this subsection shall not
authorize the refund of any moneys except in accordance
with section eighteen. The director may, however, issue
credit memoranda as against future contributions to any
employer entitled thereto under this chapter. Said credit
memoranda shall be personal to the employer to whom
issued and shall not be assigned or encumbered, or be sub-
ject to trustee or mesne process.
Approved May 22, 1946.
An Act providing for the establishment and equip- (JJidj) 3g][
PING of play areas ON THE ESPLANADE OF THE CHARLES ^'
river BASIN.
Be it enacted, etc., as follows:
Section 1. The metropoUtan district commission is
hereby authorized and directed to establish and equip two
or more play areas for children of pre-school age on the
Esplanade of the Charles River basin in the city of Boston,
one in the area between Gloucester and Hereford streets and
the other in the area between Dartmouth and Clarendon
366 Acts, 1946. — Chaps. 362, 363.
streets. For said purposes, said commission may expend
not more than four thousand dollars from the Charles River
Improvement Fund, so called.
Section 2. This act shall take effect upon its passage.
Approved May 22, 1946.
Chap. SQ2 An Act relative to the tenure of the present official
TRANSLATOR AND INTERPRETER IN THE SUPERIOR COURT
FOR SUFFOLK COUNTY.
Eme^ency Whereus, The purpose of this act is to prevent the termi-
pream e. nation ou June first in the current year of the employment
of the person referred to therein, and said purpose cannot be
achieved unless the act takes effect earlier than ninety days
after its passage, therefore it is hereby declared to be an
emergency law, necessary for the immediate preservation of
the pubhc convenience.
Be it enacted, etc., as follows:
Notwithstanding any provision of law to the contrary,
the employment of Joseph Feldman, who was re-employed
as official translator and interpreter in the superior court
for Suffolk county under the provisions of chapter sixteen
of the acts of nineteen hundred and forty-two, may be
continued after June first in the current year until such time
as it is terminated by the justices of the superior court.
Approved May 22, 1946.
Chap.SQS An Act making certain corrective changes in the
LAWS relative TO SAFETY OF PERSONS IN BUILDINGS.
Be it enacted, etc., as follows:
G. L. (Ter SECTION 1. Sectiou oue of chapter one hundred and
amended.' ' forty-threc of the General Laws is hereby amended by
striking out the paragraphs defining "Public hall" and
"Supervisor of plans", both as appearing in the Tercentenary
Edition, and inserting in place thereof the two following
paragraphs : —
Term '^p^^^'^ " Public hall ", auy building or part thereof, except theatres,
churches and schools, containing an assembly hall with a
seating capacity of more than four hundred and used for
public gatherings and for such entertainments, not requiring
the use of scenery and other stage appliances, as the licensing
officer may approve.
*^8u™ervisor "Supervisor of plans", a building inspector of the division
of^pians" of inspection of the department of public safety designated
defined. ^yy the commissiouer of pubUc safety to receive the plans
and specifications of all buildings subject to this chapter,
to be erected or in which alterations are to be made, and to
act officially upon them under the direction of the chief of
inspections of the department of public safety.
Edo.' ilaTj 3, Section 2. Section three of said chapter one hundred
etc!, 'amended', and forty-thrce is hereby amended by striking out the first
Acts, 1946. — Chap. 363. 367
paragraph, as most recently amended by section one of
chapter six hundred and seventy-four of the acts of nineteen
hundred and forty-five, and inserting in place thereof the
following paragraph: — Every city, subject to the provi- R.egi,iation8
sions of its charter and of any amendments thereto, and of t^^^^"*^ ^'^'^
any special law, relative to the enactment of ordinances,
and every town, for the prevention of fire and the preser-
vation of life, health and morals, by ordinances or by-laws
consistent with law and appUcable throughout the whole
or any defined part of its territory, may regulate the inspec-
tion, materials, construction, alteration, repair, height, area,
location and use, and may require permits or licenses there-
for, of buildings and other structures within its limits, ex-
cept such as are owned or occupied by the United States, or
owned or occupied by the commonwealth or by any county,
and except bridges, quays and wharves, and may prescribe
penalties not exceeding one hundred dollars for every viola-
tion of such ordinances or by-laws.
Section 3. Said chapter one hundred and forty-three g. l. (Xer.
is hereby further amended by striking out section three G, faG.ltc.',
as amended, and inserting in place thereof the following sec- amended.'
tion : — Section SG. The authorized representative of the Maximum
commissioner, referred to in section three A, shall determine perTonJfibe
the maximum number of persons to be permitted in any Pf™^*/''^ '"
place of assembly at any one time, and said authoriz 
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