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

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

\ 



ACTS 

AND 

RESOLVES 



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,