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

ACTS 

AND 

RESOLVES 

PASSED BY THE 
IN THE YEAR 

1947 

TOGETHER WITH 

TABLES SHOWING CHANGES IN THE STATUTES, ETC. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH 




BOSTON 
WRIGHT & POTTER PRINTING COMPANY 
1947 



ACTS AND RESOLVES 



OF 



MASSACHUSETTS 

1947 



^P* The General Court, which was chosen November 5, 1946, 
assembled on Wednesday, the first day of January, 1947, for its 
first annual session. 

The oaths of office were taken and subscribed by His Excellency 
Robert F. Bradford and His Honor Arthur W. Coolidge on 
Thursday, the second day of January, in the presence of the two 
Houses assembled in convention. 



ACTS 



An Act making clear the meaning and effect of cer- QJku) 
tain amendments of chapter one hundred and fif- ^' 
teen of the general laws entitled veterans' bene- 
FITS. 

Whereas, The purpose of this act is to make certain that ^/^fj^^fj^^ 
two 1946 acts amending chapter 115 of the General Laws "^^"^"^ 
will be construed in accordance with the intent of the legis- 
lature and the deferred operation of this act would delay 
the accomplishment of such purpose, therefore it is hereby 
declared to be an emergency law, necessary for the imme- 
diate preservation of the public convenience. 

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

Notwithstanding that section one of chapter five hundred 
and eighty-four of the acts of nineteen hundred and forty- 
six, which became effective on January first, nineteen hun- 
dred and forty-seven, struck out chapter one hundred and 
fifteen of the General Laws, as amended, and inserted in 
place thereof a new chapter, the provisions of law contained 
in section one of chapter five hundred and ninety-nine of 
the acts of said year, which became effective June fourteenth, 
nineteen hundred and forty-six, shall continue in effect as 
additional sections ten to fourteen, inclusive, at the end of 
chapter one hundred and fifteen of the General Laws, as 
appearing in section one of said chapter five hundred and 
eighty-four. Approved January 9, 1947. 

An Act permitting the late filing of certificates QJiav. 
OF nomination and nomination papers for the an- 

NUAL town election OF THE TOWN OF FLORIDA 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 Florida 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 nomina- 
tion 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 
Florida has accepted said section one hundred and three A. 

Section 2, This act shall take effect upon its passage. 
Approved January 15, 19^7. 



Acts, 1947. — Chaps. 3, 4, 5. 



Chap. 3 An Act changing the title of city marshal and assist- 
ant CITY MARSHAL TO CHIEF OF POLICE AND DEPUTY CHIEF 
OF POLICE IN THE CITY OF HOLYOKE. 

Be it enacted, etc., asfolloivs: 

Section 1. On and after the effective date of this act, 
the officer in charge of the police department in the city of 
Holyoke shall be known as the chief of police and the officer 
directly below him in rank shall be known as the deputy 
chief of police. 

Section 2. Whenever, in any general or special law af- 
fecting the city of Holyoke, the words "marshal" or "city 
marshal" appear, such words shall mean "chief of police", 
and whenever in any such general or special law the words 
"assistant marshal" appear, such words shall mean "deputy 
chief of poUce". Approved January S4, 1947. 

Chap. 4 An Act relative to the length of time after the ter- 
mination OF military or naval service of PUBLIC 

officers and employees during which they shall be 
considered as remaining in public service for cer- 
TAIN purposes. 

Be it enacted, etc., as folloios: 

Section 1 of chapter 708 of the acts of 1941, as amended 
by section 1 of chapter 548 of the acts of 1943, is hereby fur- 
ther amended by striking out, in line 14 the words "one year" 
and inserting in place thereof the words : — two years, — so 
that the first paragraph will read as follows : — Notwith- 
standing any contrary provisions of general or special law 
any person who, on or after January first, nineteen hundred 
and forty, shall have tendered his resignation from an office 
or position in the service of the commonwealth, or any polit- 
ical subdivision thereof, or otherwise terminated such service, 
for the purpose of serving in the military or naval forces of 
the United States and who does or did so serve or was or 
shall be rejected for such service, shall, except as hereinafter 
provided, be deemed to be or to have been on leave of 
absence ; and no such person shall be deemed to have resigned 
from his office in the service of the commonwealth, or any 
political subdivision thereof, or to have terminated such 
service, until the expiration of two years from the termina- 
tion of said military or naval service by him. 

Approved January 27, 1947. 

Chap. 5 An Act changing the time for the holding of biennial 

MUNICIPAL elections IN THE CITY OF MELROSE. 

Be it enacted, etc., as follows: 

Chapter 266 of the acts of 1937 is hereby amended by 
striking out section 1 and inserting in place thereof the fol- 



Acts, 1947. — Chaps. 6, 7. 

lowing section: — Section 1. Beginning with the year nine- 
teen hundred and forty-seven, municipal elections in the city 
of Melrose for the choice of mayor, members of the board 
of aldermen and members of the school conmiittee shall be 
held biennially on the Tuesday next following the first Mon- 
day of November in every odd-numbered year. 

Approved January 29, 19^7. 



An Act relative to the fire department in the town QJiq/q^ 
of wilmington. 

Be it enacted, etc., as follows: 

Section 1. The town of Wilmington may continue to 
maintain its fire department notwithstanding the failure of 
the town, prior to the estabUshment of said department, to 
accept the provisions of sections forty-two to forty-four, in- 
clusive of chapter forty-eight of the General Laws, or cor- 
responding provisions of earlier laws, and all acts and pro- 
ceedings of said town and of its officers in relation to the fire 
department, so far as they were invalid by reason of said 
failure, are hereby vaUdated and confirmed, and the chief 
and other officers and members of said department shall 
have the retirement and other rights to which they would be 
entitled if it had been originally estabUshed in the manner 
prescribed by law. 

Section 2. This act, if accepted by the town at its next 
annual town meeting, shall take full effect on July first, 
nineteen hundred and forty-seven. 

Approved January SO, 1947. 

An Act authorizing the town of swampscott to revoke QJkij)^ 
ITS acceptance of certain provisions of law appli- ^' 

CABLE TO tenement HOUSES IN TOWNS. 

Be it enacted, etc., as folloios: 

Section 1. There shall be submitted at the next annual 
town election in the town of Swampscott the following ques- 
tion which shall be printed upon the official ballot used for 
the election of town officers in the following form: — "Shall 
the town of Swampscott revoke its acceptance of chapter 
six hundred and thirty-five of the acts of nineteen hundred 
and twelve, being an act relative to tenement houses in 
towns?" If a majority of the voters voting thereon vote in 
the affirmative, in answer to said question, then the provi- 
sions of chapter one hundred and forty-five of the General 
Laws shall not apply in said town. Nothing herein contained 
shall prevent said town from hereafter accepting the provi- 
sions of said chapter one hundred and forty-five. 

Section 2. This act shall take effect upon its passage. 
Approved January SO, 1947. 



6 Acts, 1947. — Chaps. S, 9. 

Chap. 8 An Act authorizing the town of marshfield to con- 
tribute TOWARD the cost OF MOTOR BUS SERVICE 
THEREIN. 

Be it enacted, etc., as follows: 

Section 1. The town of Marshfield may from time to 
time, for the purpose of providing transportation facihties 
or avoiding a reduction or discontinuance of transportation 
facilities, enter into agreements with any person lawfully 
authorized to operate any motor bus on any public way 
therein for the carrying of passengers for hire, to contribute 
to the cost of the service; provided, that no contribution 
under any such agreement shall in any year exceed the sum 
of one dollar for each one thousand dollars of the assessed 
valuation of said town of the year preceding the date of such 
agreement, except that, with the approval of the department 
of public utilities, a sum not to exceed two dollars on the 
valuation as provided herein may be contributed. The 
said department shall, upon application of said town, deter- 
mine any question relating to the character or extent of the 
service rendered or facilities furnished in pursuance of said 
agreement in the event of any difference arising between the 
persons authorized as aforesaid and said town in relation 
thereto. 

Section 2. This act shall take effect upon its passage. 
Approved January SO, 1947. 

Chap. 9 ^^ -^CT permitting banks to close on any or all SATUR- 
DAYS AND permitting ACTS AUTHORIZED, REQUIRED OR 
PERMITTED TO BE PERFORMED ON SATURDAYS, TO BE PER- 
FORMED ON THE NEXT SUCCEEDING BUSINESS DAY. 

prTfmbiT^ Whereas, The deferred operation of this act would tend to 

defeat one of its principal purposes, which is to make it 
possible for banks in the commonwealth to take immediate 
steps to arrange for their closing on any or all Saturdays 
throughout the year, as a part of a concerted plan for like 
action by banks in neighboring states under legislation 
similar to this act which is in process of enactment therein, 
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: 

Edo. i67,'^§ 52, Section 52 of chapter 167 of the General Laws, inserted by 
etc., amended. ' chapter 284 of the acts of 1946, is hereby amended by strik- 
ing out in lines 7 and 8 the words " in the months of June, July, 
August and September" and in lines 14 and 15 the words 
"in June, July, August or September", — so as to read as 
onsaturdlyl ioWows i — Scction 52. Any bank, which term for the pur- 
poses of this section shall include not only any bank as de- 
fined in section one but also any national banking association, 
federal reserve bank, federal home loan bank, federal savings 



Acts, 1947.— Chaps. 10, 11, 12. 7 

and loan association or federal credit union doing business 
in the commonwealth, may remain closed on any or all 
Saturdays as it may determine from time to time, and any 
Saturday on which a bank remains closed shall be, with 
respect to such bank, a hoUday and not a business day, as 
such words are used in chapter one hundred and seven. Any 
act authorized, required or permitted to be performed at 
or by or with respect to any bank, as herein defined, on a 
Saturday, may be so performed on the next succeeding 
business day, and no liability or loss of rights of any kind 
shall result from such delay. 

Approved January 30, 1947. 

An Act relative to appropriations by the town of (Jhav. 10 

DENNIS FOR PUBLIC AMUSEMENTS. 

Be it enacted, etc., asfollotvs: 

Section 1. The town of Dennis may, by a majority vote, 
appropriate each year a sum not exceeding fifteen hundred 
dollars for providing amusements or entertainments of a 
public 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 January SO, 1947. 

An Act providing for computation of seniority dates (J}i(i7} H 
IN connection with public officers and employees 

WHOSE RIGHTS WERE PREJUDICED BY MILITARY OR NAVAL 
SERVICE, 

Be it enacted, etc., as folloivs: 

Chapter 708 of the acts of 1941, as amended, is hereby 
further amended by inserting after section 2A, inserted by 
chapter 238 of the acts of 1946, the following section : — 
Section 2B. If a person, whose name was at the time of his 
entrance into military or naval service on an eHgible list, 
receives a permanent appointment and is given a seniority 
date later than that of another person who received a perma- 
nent appointment from such list but stood lower thereon, the 
director, upon appUcation for such change, may establish 
as his seniority date the seniority date of such other person. 
Approved January 30, 1947. 

An Act relative to civil service re-employment lists. (Jhnjj 12 
Be it enacted, etc., asfolloios: 

Chapter 31 of the General Laws is hereby amended by o. l. (Ter. 
striking out section 461, as amended by chapter 60 of the ftl! "amende"' 
acts of 1946, and inserting in place thereof the following 
section : — Section 461. Whenever a person is separated Persons ^^ ^ 
from the official or labor service for any reason other than servrc^e^piac'eT 
discharge or resignation, his name shall be placed by the nrenS!*'"^" 



Acts, 1947. — Chaps. 13, 14. 

director on the re-employment list, provided that if a per- 
son is so separated from such service because of resignation 
on account of illness his name shall be placed thereon upon 
his request. The name of any person so placed on the re- 
employment list shall remain thereon until he is appointed 
to a position after certification from such list or reinstated 
to a civil service position, but in no event for longer than 
five years. This section shall not apply to persons originally 
employed on requisition for temporary service or to pro- 
visional appointees. Thereafter, on requisition to fill any 
position which, in the judgment of the director, can be filled 
from such re-employment list, the director, before certifying 
from the regular list, shall certify from such re-employment 
list, in accordance with the rules relative to certification, 
the names of persons then standing thereon in the order of 
the dates of their original appointment. 

Approved January SO, 1947. 



Chap. 13 An Act defining the word "department" as used in the 
CIVIL service law with respect to appointments and 

PROMOTIONS. 

Be it enacted, etc., as follows: 

EdV'sTlis Section 15 of chapter 31 of the General Laws, as most 
etc., amended', recently amended by chapter 103 of the acts of 1946, is 
hereby further amended by adding at the end the following 
paragraph : — 
de^ne"*'"''"*^ The word "department", as used in this section, shall 
mean a department, or any 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. 

Approved January 30, 1947. 



Chap. 14 An Act relative to the reinstatement of certain 

VETERANS IN THE POSITIONS HELD BY THEM IN CITIES AND 
TOWNS IMMEDIATELY PRIOR TO THEIR ENTRANCE INTO THE 
ARMED FORCES OF THE UNITED STATES. 

Be it enacted, etc., as folloios: 

Section 15 of chapter 708 of the acts of 1941 is hereby 
amended by adding after the word "employer" in line 7 
the words : — , including any city or town, — and by adding 
after the word "employer" in line 18 the words: — , includ- 
ing any city or town, — so as to read as follows : — Section 16. 
Upon the application of any resident of the commonwealth 
who entered said military or naval service and has received 
an honorable discharge or release therefrom, the attorney 
general and the adjutant general are hereby severally 
authorized and directed to take such legal and proper 
measures as may result in the reinstatement of such resi- 
dent by his former employer, including any city or town, in the 
position which such resident held immediately prior to 



Acts, 1947. — Chaps. 15, 16. 9 

entering such service. On such application, he or they shall 
also inform such resident of his rights under the Federal 
Selective Training and Service Act of 1940, under the Federal 
Soldiers' and Sailors' Civil Relief Act of 1940 and under 
PubUc Resolution No. 96 — 76th Congress, approved August 
twenty-seventh, nineteen hundred and forty, and shall 
co-operate with the proper official or officials of the United 
States department of justice in obtaining for such resident 
his rights under either or both of such acts. Upon the 
making of any such appUcation the former employer, includ- 
ing any city or town, of such resident shall be notified thereof 
by the attorney general or the adjutant general, as the case 
may be, and be furnished with a copy of this section. 

Approved January SO, 1947. 

An Act to authorize urban redevelopment corpora- ni^r.^ i k 

TIONS TO UNDERTAKE THE DEVELOPMENT OF AREAS ^' 

BLIGHTED BY NATURAL CAUSES. 

Be it enacted, etc., asfolloios: 

Section 1 of chapter 121A of the General Laws, inserted G- l. (Ter. 
by section 1 of chapter 654 of the acts of 1945, is hereby ^tciJamendeV' 
amended by inserting after the word "declining" in the 9th 
and 10th lines of the paragraph defining "Decadent area" 
the words : — , or an extensive area within the limits of a 
city which by reason of its physical condition has proved in- 
capable of development by the ordinary operations of private 
enterprise, — so that said paragraph will read as follows: — 

"Decadent area", an area in which many of the buildings "Decadent 
are out of repair, physically deteriorated or obsolete or to a area" defined. 
large extent vacant, or in which much of the real estate has 
in recent years been sold or taken for non-payment of taxes 
or upon foreclosure of mortgages, or in which many buildings 
have been torn down and not replaced and in which under 
existing conditions it is improbable that the buildings will 
be replaced or repaired, and in which any of the foregoing 
conditions are growing worse and values are declining, or an 
extensive area within the limits of a city which by reason of 
its physical condition has proved incapable of development 
by the ordinary operations of private enterprise, so that 
there is a large body of land substantially useless in its exist- 
ing condition. Approved January 30, 1947. 

An Act authorizing the town of Swansea to use certain nhn^ i g 
park property therein for certain municipal "' 

purposes. 

Be it enacted, etc., as follows: 

Section 1. The town of Swansea is hereby authorized 
to use a portion of the dwelfing house located on the park 
property therein, formerly known as the Covel Estate, for 
town government purposes, to use portions of such house as 



10 Acts, 1947. —Chap. 17. 

a residence for a caretaker of said park property, and to use 
the buildings, or parts thereof, on said property for storing 
and repairing town highway machinery and equipment. The 
property used for the purposes authorized by this act shall 
remain park property under the control and supervision of 
the planning board of said town acting as park commissioners 
thereof. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the town at its next annual town meeting. 

Approved January SO, 1947. 



Chap. 17 An Act changing the representative town meeting 

FORM OF government IN THE TOWN OF SAUGUS AND 

combining therewith a town manager form of 
government. 

Be it enacted, etc., as follows: 

Section 1. Upon the acceptance of this act by the town 
of Saugus, as hereinafter provided, beginning with the year 
nineteen hundred and forty-eight, the regular town election 
of said town for the purpose of electing town officers, includ- 
ing town meeting members, in accordance with the provisions 
of this act, and for the submission of questions to the voters 
of the town if required to be submitted thereat shall be held 
biennially on the third Monday of January in every even- 
numbered year, and shall be considered part of the annual 
town meeting held in that year. All articles in the warrant 
for any regular town meeting relating to matters required 
by chapter fifty-five of the acts of nineteen hundred and 
twenty-eight, as amended, or by any other provision of law 
to be acted upon and determined otherwise than by ballot 
shall be considered at a town meeting to be held annually 
on the third Monday of March at eight o'clock in the even- 
ing; provided, that the regular town meeting for the con- 
sideration of such articles in nineteen hundred and forty- 
eight shall be held on the first Monday of February at eight 
o'clock in the evening. 

Section 2. Election of Selectmen. — At the first town 
election following the acceptance of this act, and at each 
biennial election thereafter, the registered voters of the town 
shall elect by proportional representation, as provided in 
chapter fifty-four A of the General Laws, five selectmen who 
shall hold office for a term of two years from the biennial 
town election at which they are elected. The selectmen 
elected hereunder shall serve until the qualification of their 
successors. A vacancy in the membership of the board of 
selectmen shall be filled as provided in said chapter fifty- 
four A except that a vacancy resulting from a recall election 
shall be filled as provided in this act. Upon the election 
and qualification of selectmen in the year nineteen hundred 
and forty-eight, the term of office of the members of the board 
of selectmen then existing shall terminate. 



Acts, 1947. — Chap. 17. 11 

Section 3. Appointive Powers of Selectmen. — The se- 
lectmen shall appoint, and may remove, members of the 
board of appeals and the board of library trustees, election 
officers, and the registrars of voters, except the town clerk. 

Section 4. Election of School Committee. — At the first 
biennial town election following the acceptance of this act 
and at each biennial election thereafter, the registered voters 
of the town shall elect by proportional representation, as 
provided in chapter fifty-four A of the General Laws, five 
members of the school committee who shall hold office for 
two years. Members of the school committee elected here- 
under shall serve until the quaUfication of their successors. 
When a vacancy occurs in the membership of the school com- 
mittee it shall be filled in the manner provided herein for 
filling vacancies in the board of selectmen. Upon the elec- 
tion and qualification of the members of the school committee 
in the year nineteen hundred and forty-eight, the terms of 
office of the members of the then existing committee shall 
terminate. 

Section 5. Powers of School Committee. — Upon the 
election and quahfication of the five members of the school 
committee elected as herein provided, all the powers, rights, 
duties and liabilities, except as hereinafter provided, now or 
hereafter conferred or imposed by law upon the school com- 
mittee, shall be exercised and performed by the school com- 
mittee elected under the provisions of this section. Nothing 
in this act shall be construed to affect the powers and duties 
of the school committee as provided by law, except as 
specifically provided herein. 

Section 6. Multiple Officers. — A member of the board 
of selectmen, or of the school committee, or of the finance 
committee shall, during the term for which he was elected 
or appointed, be inehgible either by election or appointment 
to hold any other town office. Any person appointed by the 
town manager to any town office under the provisions of this 
act or of any general or special law shall be eligible during 
the term of said office to appointment to any other town 
office, except that the town accountant shall not be eligible 
to hold the position of town treasurer or the position of town 
collector. The town manager, subject to any applicable 
provision of the General Laws relating thereto, may assume 
the duties of any office which he is authorized to fill by 
appointment. 

Section 7. Investigations or Surveys. — For the purpose 
of making investigations or surveys, the selectmen may 
employ such experts, counsel and other assistants and incur 
such other expenses, not exceeding in any year the sum of one 
thousand dollars, or such larger sum as may be appropriated 
for the purpose by the town, as they may deem necessary, 
and the same shall be paid by the treasurer upon a warrant 
signed by a majority of the board of selectmen. 



12 Acts, 1947. — Chap. 17. 



TOWN MANAGER. 

Section 8. Appointment of Town Manager. — The se- 
lectmen elected as provided herein shall appoint, as soon 
as practicable, for a term of five years, a town manager who 
shall be a person especially fitted by education, training 
and experience to perform the duties of the office. The town 
manager shall be appointed without regard to his political 
beliefs. He need not be a resident of the town or of this 
commonwealth when appointed, but shall be a resident of 
the town during his term of office. He may be appointed 
for successive terms of office. Before entering upon the 
duties of his oflSce, the town manager shall be sworn to the 
faithful and impartial performance thereof by the chairman 
of the selectmen, or by the town clerk, or by a justice of the 
peace. He shall execute a bond in favor of the town for the 
faithful performance of his duties in such sum and with such 
surety or sureties as may be fixed or approved by the select- 
men. 

Section 9. Appointment of a Temporary Manager. — 
Any vacancy in the office of town manager shall be filled as 
soon as possible by the selectmen. Pending the appointment 
of a town manager or the filling of any vacancy, the select- 
men may appoint a suitable person to perform the duties of 
the ofiice. 

Section 10. Acting Manager. — The town manager may 
designate, by letter filed with the town clerk, a qualified 
ofiicer of the town to perform his duties during his temporary 
absence or disability. In the event of failure of the manager 
to make such designation, the selectmen may, by resolu- 
tion, designate an officer of the town to perform the duties 
of the manager until he shall return or his disability shall 
cease. 

Section 11. Removal of Manager. — The selectmen, by 
a four fifths vote of the full membership of the board, may 
remove the town manager. At least thirty days before such 
proposed removal shall become effective, the selectmen shall 
file a preliminary written resolution with the town clerk 
setting forth in detail the specific reasons for his proposed 
removal, a copy of which resolution shall be delivered to the 
town manager. The manager may reply in writing to the 
resolution and may request a public hearing. If the manager 
so requests, the board of selectmen shall hold a public hearing 
not earlier than twenty days nor later than thirty days after 
the filing of such request. After such public hearing, if any, 
otherwise at the expiration of thirty days following the filing 
of the preliminary resolution, and after full consideration, 
the selectmen by a four fifths vote of the full membership 
of the board may adopt a final resolution of removal. In the 
preliminary resolution, the selectmen may suspend the 
manager from duty, but shall in any case cause to be paid 
to him forthwith any unpaid balance of his salary and his 
salary for the next three calendar months following the filing 
of the preliminary resolution. 



Acts, 1947. — Chap. 17. 13 

Section 12. Compensation of Manager. — The town 
manager shall receive such compensation for his services as 
the selectmen shall determine but it shall not exceed the 
amount appropriated therefor by the town. 

Section 13. Powers and Duties of the Manager. — In 
addition to specific powers and duties provided in this act 
the town manager shall have the general powers and duties 
enumerated in this section : 

(a) The town manager shall supervise and direct the 
administration of all departments, commissions, boards and 
offices, except the board of selectmen, the school committee, 
the board of appeals, the board of library trustees, election 
officers and the registrars of voters. 

(6) The town manager, in accordance with the provisions 
of this act and except as otherwise expressly prohibited by 
the General Laws, may reorganize, consolidate or abolish 
departments, commissions, boards or offices under his direc- 
tion and supervision, in whole or in part, may establish such 
new departments, commissions, boards or offices as he deems 
necessary, and may transfer the duties, powers and appro- 
priation of one department, commission, board or office to 
another. 

(c) Except as otherwise provided by this act, the town 
manager shall appoint upon merit and fitness alone, and, 
subject to the provisions of chapter thirty-one of the General 
Laws where applicable, may remove, all officers and em- 
ployees of the town, except employees of the school depart- 
ment; town officers and employees not subject to the pro- 
visions of said chapter thirty-one shall not be removed by 
him except on five days notice in writing, setting forth the 
cause of such removal. 

{d) Notwithstanding the provisions of section one hun- 
dred and eight of chapter forty-one of the General Laws, but 
subject to all applicable provisions of chapter thirty-one of 
the General Laws, the town manager shall fix the compensa- 
tion of all town officers and employees subject to removal 
by him. 

(e) The town manager shall attend all regular meetings 
of the board of selectmen except meetings at which his re- 
moval is being considered. 

(/) The town manager shall keep full and complete records 
of his office, and shall render as often as may be required 
by the selectmen a full report of all operations during the 
period reported on. 

{g) The town manager shall keep the selectmen fully 
advised as to the needs of the town and shall recommend to 
the selectmen for adoption such measures requiring action 
by them or by the town as he may deem necessary or ex- 
pedient. 

(/i) The town manager shall have jurisdiction over the 
rental and use of all town property and shall be responsible 
for the maintenance and repair of all town buildings. He 
shall be responsible for the preparation of plans and the 



14 Acts, 1947. — Chap. 17. 

supervision of work on existing buildings or on the construc- 
tion of new buildings. 

(t) The town manager shall purchase all supplies and 
materials and equipment, except books for schools, and shall 
award all contracts for all departments of the town. He shall 
make purchases for departments not under his supervision 
only upon requisition duly signed by the head of such 
department. 

(J) The town manager shall administer either directly or 
through a person or persons appointed by him in accordance 
with this act all provisions of general and special laws appli- 
cable to said town, all by-laws and all regulations established 
by the selectmen. 

(k) The town manager shall have authority to prosecute, 
defend and compromise all litigation to which the town is a 
party, and to employ special counsel to assist the town coun- 
sel whenever in his judgment it may be necessary. 

(I) The town manager shall perform such other duties, 
consistent with his office, as may be required of him by the 
by-laws of the town or by vote of the selectmen. 

Section 14. Investigations by the Manager. — The town 
manager may without notice cause the affairs of any division 
or department under his control or the conduct of any officer 
or employee thereof to be examined. The town manager 
shall have access to all town books and papers for informa- 
tion necessary for the proper performance of his duties. 

Section 15. Appointment of Planning Board. — There 
shall be established a planning board as herein provided 
which shall have all the powers and duties of planning boards 
established in accordance with section eighty-one A of 
chapter forty-one of the General Laws, except that such 
planning board shall not be authorized to act as playground 
commissioners. The board established hereunder shall con- 
sist of five members who shall be appointed by the town man- 
ager. When such board is first established its members shall 
be appointed for terms of such length and so arranged that 
the term of at least one member will expire each year and his 
successor shall be appointed by the town manager for a term 
of five years. Any vacancy shall be filled for the unexpired 
term by the town manager. Upon the appointment and 
qualification of the members of the board, the term of office 
of members of the then existing planning board shall termi- 
nate. 

Section 16. Appointment of Board of Public Welfare. — 
The town manager shall appoint a board of public welfare 
to consist of three suitably qualified persons. One of said 
persons shall be appointed for a term of one year, one for a 
term of two years, and one for a term of three years; and 
annually thereafter there shall be appointed by the town 
manager, a member for a term of three years in the place of 
the member whose term is to expire. The members shall 
serve until their successors are appointed and qualified. If 
for any reason a vacancy occurs in the membership of the 



Acts, 1947. — Chap. 17. 15 

board of public welfare, the vacancy shall be filled forthwith 
by the town manager for the unexpired term. Upon the 
appointment and qualification of the members of the board 
of public welfare as provided in this section the terms of 
office of the members of the then existing board of public 
welfare of the town shall terminate. The board of public 
weKare appointed hereunder shall organize for the proper 
conduct of their duties and shall possess all the powers and 
rights and be subject to all the duties and liabilities conferred 
or imposed by law upon boards of public welfare of towns, 
but in the performance of their duties they shall be subject 
to the general supervision and direction of the town manager. 
They shall be sworn to the faithful performance of their 
duties by the chairman of the selectmen or by a justice of the 
peace. 

Section 17. Appointment of Board of Health. — The 
town manager shall appoint a board of health to consist of 
three suitably quaUfied persons. One of said persons shall be 
appointed for a term of one year, one for a term of two years, 
and one for a term of three years; and annually thereafter 
there shall be appointed by the town manager, a member for 
a term of three years in the place of the member whose term 
is to expire. The members shall serve until their successors 
are appointed and qualified. If for any reason a vacancy 
occurs in the membership of the board of health, the vacancy 
shall be filled forthwith by the town manager for the unex- 
pired term. Upon the appointment and qualification of the 
members of the board of health as provided in this section 
the terms of office of the members of the then existing board 
of health of the town shall terminate. The board of health 
appointed hereunder shall organize for the proper conduct 
of their duties and shall possess all the powers and rights and 
be subject to all the duties and liabilities conferred or im- 
posed by law upon boards of health of towns, but in the per- 
formance of their duties they shall be subject to the general 
supervision and direction of the town manager. They shall 
be sworn to the faithful performance of their duties by the 
chairman of the selectmen or by a justice of the peace. 

Section 18. Appointment of Board of Playground Com- 
missioners. — The town manager shall appoint a board of 
playground commissioners to consist of three suitably quali- 
fied persons. One of said persons shall be appointed for a 
term of one year, one for a term of two years, and one for a 
term of three years; and annually thereafter there shall be 
appointed by the town manager, a member for a term of three 
years in the place of the member whose term is to expire. 
The members shall serve until their successors are appointed 
and qualified. If for any reason a vacancy occurs in the 
membership of the board of playground commissioners, the 
vacancy shall be filled forthwith by the town manager for 
the unexpired term. Upon the appointment and qualifica- 
tion of the members of the board of playground commis- 
sioners as provided in this section the terms of office of the 



16 Acts, 1947. — Chap. 17. 

members of the then existing board of playground commis- 
sioners of the town shall terminate. The board of play- 
ground commissioners appointed hereunder shall organize 
for the proper conduct of their duties and shall possess all 
the powers and rights and be subject to all the duties and 
liabilities conferred or imposed by law upon the boards of 
playground commissioners of towns, but in the performance 
of their duties they shall be subject to the general supervi- 
sion and direction of the town manager. They shall be 
sworn to the faithful performance of their duties by the chair- 
man of the selectmen or by a justice of the peace. 

Section 19. Appointment of Board of Cemetery Commis- 
sioners. — The town manager shall appoint a board of ceme- 
tery commissioners to consist of three suitably qualified 
persons. One of said persons shall be appointed for a term 
of one year, one for a term of two years, and one for a term 
of three years; and annually thereafter there shall be ap- 
pointed by the town manager, a member for a term of three 
years in the place of the member whose term is to expire. 
The members shall serve until their successors are appointed 
and qualified. If for any reason a vacancy occurs in the 
membership of the board of cemetery commissioners, the 
vacancy shall be filled forthwith by the town manager for the 
unexpired term. Upon the appointment and qualification 
of the members of the board of cemetery commissioners as 
provided in this section the terms of office of the members 
of the then existing board of cemetery commissioners of the 
town shall terminate. The board of cemetery commissioners 
appointed hereunder shall organize for the proper conduct 
of their duties and shall possess all the powers and rights 
and be subject to all the duties and liabilities conferred or 
imposed by law upon boards of cemetery commissioners of 
towns, but in the performance of their duties they shall be 
subject to the general supervision and direction of the town 
manager. They shall be sworn to the faithful performance 
of their duties by the chairman of the selectmen or by a 
justice of the peace. 

Section 20. Appointment of Board of Fire Engineers. — 
The town manager shall appoint a board of fire engineers to 
consist of three suitably qualified persons. One of said per- 
sons shall be appointed for a term of one year, one for a term 
of two years, and one for a term of three years; and annually 
thereafter there shall be appointed by the town manager, a 
member for a term of three years in the place of the member 
whose term is to expire. The members shall serve until 
their successors are appointed and quahfied. If for any 
reason a vacancy occurs in the membership of the board of 
fire engineers, the vacancy shall be filled forthwith by the 
town manager for the unexpired term. Upon the appoint- 
ment and qualification of the members of the board of fire 
engineers as provided in this section the terms of office of 
the members of the then existing board of fire engineers of 
the town shall terminate. The board of fire engineers ap- 



Acts, 1947. — Chap. 17. 17 

pointed hereunder shall organize for the proper conduct of 
their duties and shall possess all the powers and rights and 
be subject to all the duties and Uabilities conferred or im- 
posed by law upon boards of fire engineers of towns, but in 
the performance of their duties they shall be subject to the 
general supervision and direction of the town manager. They 
shall be sworn to the faithful performance of their duties by 
the chairman of the selectmen or by a justice of the peace. 

Section 21. Appointment of Board of Assessors. — The 
town manager shall appoint three suitably qualified persons 
as assessors. One of said persons shall be appointed for a 
term of one year, one for a term of two years, and one for a 
term of three years; and annually thereafter there shall be 
appointed by the town manager, an assessor for a term of 
three years in the place of the assessor whose term is to 
expire. The assessors shall serve until their successors are 
appointed and qualified. If for any reason a vacancy occurs 
in the membership of the board of assessors, the vacancy shall 
be filled forthwith by the town manager for the unexpired 
term. Upon the appointment and quahfication of assessors 
as provided in this section the terms of office of the members 
of the then existing board of assessors of the town shall 
terminate. The assessors appointed hereunder shall organize 
for the proper conduct of their duties and shall possess all 
the powers and rights and be subject to all the duties and 
liabilities conferred or imposed by law upon assessors of 
towns, but in the performance of their duties they shall be 
subject to the general supervision and direction of the town 
manager. They shall be sworn to the faithful performance 
of their duties by the chairman of the selectmen or by a 
justice of the peace. 

Section 22. Town Clerk. — The town manager shall 
appoint a suitably qualified person to the office of town clerk. 
The existing elective office of town clerk shall be continued 
until the person appointed to said office of town clerk, shall 
have qualified, at which time the elective office of town clerk 
shall terminate. The town clerk shall have the powers, 
perform the duties and be subject to the liabilities and penal- 
ties now or hereafter conferred or imposed by law upon town 
clerks. He shall be sworn to the faithful performance of his 
duties by the chairman of the selectmen or by a justice of 
the peace. The town clerk shall serve ex officio as clerk of 
the board of selectmen. The town clerk shall be subject to 
the general supervision and direction of the town manager 
in the performance of his duties. 

Section 23. Town Treasurer. — The town manager shall 
appoint a suitably qualified person to the office of town 
treasurer. The existing elective office of town treasurer shall 
be continued until the person appointed to said office of town 
treasurer shall have qualified, at which time the elective 
office of town treasurer shall terminate. The town treasurer 
shall have the powers, perform the duties, and be subject to 
the liabilities and penalties now or hereafter conferred or 



18 Acts, 1947. —Chap. 17. 

imposed by law upon town treasurers but in the conduct of 
his office shall be subject to the supervision and direction of 
the town manager. Whenever it shall be necessary to exe- 
cute any deed conveying land, or any other instrument re- 
quired to carry into effect any vote of the town, the same 
shall be executed by the treasurer in behalf of the town, 
unless the town shall vote otherwise. The town treasurer 
shall be sworn to the faithful performance of his duties by 
the town clerk or by a justice of the peace. 

Section 24. Town Collector. — The town manager shall 
appoint a suitably qualified person to the office of town col- 
lector. The existing elective office of town collector shall 
be continued until the person appointed to said office of town 
collector shall have qualified, at which time the elective 
office of town collector shall terminate. The collector shall 
have the powers, perform the duties and be subject to the 
liabilities and penalties now or hereafter conferred or im- 
posed by law upon town collectors except that in the per- 
formance of his duties he shall be subject to the general 
supervision and direction of the town manager. The town 
collector shall be sworn to the faithful performance of his 
duties by the town clerk or by a justice of the peace. 

Section 25. Town Accountant. — The town manager 
shall appoint a suitably qualified person to the office of 
town accountant. The town accountant in office when this 
act becomes effective shall continue in office, subject to the 
provisions of chapter thirty-one of the General Laws if 
applicable, but otherwise subject to removal by the town 
manager as provided herein. Except as othei-wise provided 
in this act, the town accountant shall have the powers, per- 
form the duties and be subject to the liabilities and penalties 
now or hereafter conferred or imposed by law upon town 
accountants but in the performance of his duties he shall be 
subject to the general supervision and direction of the town 
manager. The town accountant shall be sworn to the faithful 
performance of his duties by the town clerk or by a justice 
of the peace. 

Section 26. Superintendent of Puhlic Works. — The town 
manager shall appoint a suitably qualified person to the 
office of superintendent of public works. The superintend- 
ent of public works in office when this act becomes effective 
shall continue in office, subject to the provisions of chapter 
thirty-one of the General Laws, if applicable, but otherwise 
subject to removal by the town manager as provided herein. 
The superintendent of public works shall have the powers, 
perform the duties and be subject to the liabilities and penal- 
ties now or hereafter conferred or imposed by law upon any 
officer or officers having similar duties, but in the perform- 
ance of his duties he shall be subject to the general super- 
vision and direction of the town manager. 

Section 27. Tree Warden. — The town manager shall 
appoint a suitably qualified person to the office of tree war- 
den. The existing elective office of tree warden shall be con- 



Acts, 1947. — Chap. 17. 19 

tinued until the person appointed to said office of tree warden 
shall have qualified; at which time the elective office of tree 
warden shall terminate. The tree warden shall have the 
powers, perform the duties and be subject to the habiUties 
and penalties now or hereafter conferred or imposed by law 
upon tree wardens but in the conduct of his office he shall be 
subject to the supervision and direction of the town manager. 
The tree warden shall be sworn to the faithful performance 
of his duties by the chairman of the selectmen or by the town 
clerk. 

LEGAL AFFAIRS. 

Section 28. Appointment of Town Counsel. — The town 
manager shall annually appoint an attorney-at-law to act 
as town counsel, who shall draft all bonds, deeds, leases, 
obligations, conveyances and other legal instruments and 
shall perform such other legal services as may be requested 
of him, by vote of the town, by the town manager, or by any 
board of town officers. Also, when so requested he shall 
furnish a written opinion on any question that may be sub- 
mitted to him, and he shall at all times upon request of the 
town manager furnish legal advice to any officer of the town 
who may require his advice upon any subject concerning 
the duties of such officer. He shall prosecute all suits or 
other legal proceedings ordered to be brought by the town 
or by the board of selectmen, and shall appear before the 
courts of the commonwealth in defense of all actions or suits 
brought against the town or its officers in their official ca- 
pacity, and shall try and argue any and all causes in which 
the town shall be a party or before any board of referees or 
commission and shall appear at any and all hearings on 
behalf of the town whenever his services may be required. 

FISCAL AFFAIRS. 

Section 29. Approval of Warrants. — The town manager 
shall be the chief fiscal officer of the town. Warrants for the 
payment of town funds prepared by the town accountant in 
accordance with the provisions of section fifty-six of chapter 
forty-one of the General Laws shall be submitted to the town 
manager. The approval of any such warrant by the town 
manager shall be sufficient authority to authorize payment 
by the town treasurer, but the selectmen shall approve all 
warrants in the event of the absence of the town manager or 
a vacancy in the office of town manager. 

Section 30. Investigation of Claims. — Whenever any 
payroll, bill or other claim against the town is presented to 
the town manager he shall, if the same seems to him to be 
of doubtful validity, excessive in amount, or otherwise con- 
trary to the interests of the town, refer it to the selectmen 
who shall immediately investigate the facts and determine 
what, if any, payment should be made. Pending such in- 
vestigation and determination by the selectmen, payment 
shall be withheld. 



20 Acts, 1947. — Chap. 17. 

Section 31. Receipts paid to Treasury. — Every officer 
shall pay into the treasury of the town all amounts received 
by him on behalf of the town, and shall make a true return 
thereof to the town accountant stating the accounts upon 
which such amounts were received. 

Section 32. Fees paid to Treasury. — The aggregate 
annual compensation of each town employee appointed by 
the manager shall be limited to the amount established in 
accordance with the provisions of this act and all fees re- 
ceived in accordance with the provisions of any general or 
special law shall be paid into the treasury of the town. 

Section 33. Certain Town Officers not to make Contracts 
with the Town. — It shall be unlawful for any selectman, the 
town manager, any member of the school committee, any 
trustee of the pubhc library, or any other elective or ap- 
pointive official, except as otherwise provided by this act 
or any other provision of law, directly or indirectly to make 
a contract with the town, or to receive any commission, dis- 
count, bonus, gift, contribution or reward from, or any share 
in the profits of, any person or corporation making or per- 
forming such a contract, unless the official concerned, im- 
mediately upon learning of the existence of such contract, 
or that such a contract is proposed, shall notify the select- 
men in writing of the contract and of the nature of his interest 
therein and shall abstain from doing any official act on behalf 
of the town in reference thereto. In case such interest exists 
on the part of an officer whose duty it is to make such a con- 
tract on behalf of the town, the contract may be made by 
another officer or voter of the town duly authorized thereto 
by vote of the selectmen. Violation of any provision of this 
section shall render the contract in respect to which such 
violation occurs voidable at the option of the town. Any 
person violating any provision of this section shall be pun- 
ished by a fine of not more than one thousand dollars, or by 
imprisonment for not more than one year, or by both such 
fine and imprisonment. 

Section 34. Estimates of Expenditures. — On or before 
the first day of December of each year, the town manager 
shall submit to the selectmen a careful, detailed estimate in 
writing of the probable expenditures of the town govern- 
ment for the ensuing fiscal year, stating the amount required 
to meet the interest and maturing bonds and notes or other 
outstanding indebtedness of the town, and showing specifi- 
cally the amount necessary to be provided for each fund and 
department, together with a statement of the expenditures 
of the town for the same purposes in the two preceding years 
and an estimate of the expenditures for the current year. 
He shall also submit a statement showing all revenues re- 
ceived by the town in the two preceding fiscal years together 
with an estimate of the receipts of the current year and an 
estimate of the amount of income from all sources of revenue 
exclusive of taxes upon property in the ensuing year. He 
shall report the probable amount required to be levied and 



Acts, 1947. — Chap. 17. 21 

raised by taxation to defray all expenses and liabilities of 
the town together with an estimate of the tax rate necessary 
to raise said amount. For the purpose of enabling the town 
manager to make up the annual estimate of expenditures, 
all boards, officers, and committees of the town shall, upon 
his written request, furnish all information in their posses- 
sion and submit to him in writing a detailed estimate of the 
appropriations required for the efficient and proper conduct 
of their respective departments during the next fiscal year. 
Section 35. Annual Budget. — The selectmen shall con- 
sider the tentative budget submitted by the town manager 
and make such recommendations relative thereto as they 
deem expedient and proper in the interests of the town. On 
or before the twentieth day of December of each year the 
selectmen shall transmit a copy of the budget together with 
their recommendations relative thereto to each member of 
the finance committee. 

FINANCE COMMITTEE. 

Section 36. Appointment of Finance Committee. — There 
shall be a finance committee consisting of nine registered 
voters of the town. No elective or appointive town officer 
or town employee except a town meeting member shall be 
eligible to serve on said committee. The moderator elected 
under the provisions of this act in the year nineteen hundred 
and forty-eight shall forthwith appoint three members of 
the finance committee for terms of one year, three members 
for terms of two years, and three members for terms of three 
years. At each annual town meeting thereafter the modera- 
tor shall appoint three members of said committee for terms 
of three years. The terms of office of said members shall 
commence immediately upon their qualification and shall 
expire at the final adjournment of the annual town meeting 
at which their successors are appointed. Said committee 
shall choose its own officers and shall serve without pay. 
It shall cause to be kept a true record of its proceedings. 
Upon the appointment and qualification of a finance com- 
mittee as provided herein the terms of office of all members 
of the then existing committee shall terminate. 

Section 37. Appointments to fill Vacancies. — The said 
committee shall fill any vacancy which may occur in its 
membership, by vote, an attested copy of which shall be sent 
by its secretary to the town clerk. If any member is absent 
from five consecutive meetings of said committee, except in 
case of illness, his position shall be deemed to be vacant and 
shall be filled as herein provided. The term of office of any 
person so chosen to fill a vacancy shall expire at the final 
adjournment of the next succeeding annual town meeting, 
and the moderator shall appoint his successor to complete 
the unexpired term of the member in whose office such va- 
cancy originally occurred. 

Section 38. Consideration of Town Warrant. — All 
articles in any warrant for a town meeting except articles 



22 Acts, 1947. —Chap. 17. 

providing for election of town officers and town meeting 
members and except zoning articles shall be referred to the 
finance committee for its consideration. The selectmen after 
drawing any such warrant shall transmit immediately a 
copy thereof to each member of said committee. A public 
hearing shall be held at least ten days before the annual 
town meeting upon all such articles in the warrant for such 
meeting and a notice of such hearing shall be given by post- 
ing a copy thereof in at least three public places in the town 
not less than three days before the time of holding such hear- 
ing. The finance committee may hold a public hearing on 
any or all articles in the warrant for a special town meeting. 
Notice of such hearing shall be given by posting a copy 
thereof in at least three public places in the town not less 
than three days before the time of holding such hearing. 
Said committee, after due consideration of the subject matter 
of such articles in any warrant, shall report thereon to the 
town meeting, in writing, such recommendations as it deems 
best for the interests of the town and its citizens. The report 
of the finance committee on such articles in the warrant for 
any annual meeting shall be filed with the town clerk not 
later than the first Monday in March and the town clerk 
shall forthwith cause said report to be printed and a copy 
thereof to be distributed prior to said meeting to each regis- 
tered voter in the town. 

Section 39. Recommendations by Committee. — It shall 
be the duty of the finance committee annually to consider 
the expenditures in previous years and the estimated require- 
ments for the ensuing year as set forth in the budget sub- 
mitted to them by the selectmen. The finance committee 
shall add to the statement of expenditures and estimates 
in the annual budget another column, giving the amounts 
which in its opinion should be appropriated for the ensuing 
year, and shall further add thereto such explanations and 
suggestions relating to the proposed appropriations as it 
may deem expedient, and report thereon as provided in 
section thirty-eight. 

Section 40. Free Access to Financial Data. — In the 
discharge of its duty, said committee shall have free access 
to all books of records and accounts, bills and vouchers on 
which money has been or may be paid from the town treas- 
ury. Officers, boards and committees of the town shall, 
upon request, furnish said committee with facts, figures and 
any other information pertaining to their several activities. 

Section 41. Annual Report. — It shall be the duty of 
the finance committee to make an annual report of its doings, 
with recommendations relative to financial matters and the 
conduct of town business, which shall be included in the 
annual town report. 

RECALL. 

Section 42. Holder of an Elective Office may he Recalled. 
■ — Any holder of an elective office except a town meeting 
member may be recalled therefrom by the registered voters 
of the town as herein provided. 



Acts, 1947. — Chap. 17. 23 

Section 43. Recall Petition, Preparation, Filing. — Any 
ten registered voters of the town may file with the town clerk 
an afiidavit containing the name of the officer sought to be 
recalled and a statement of the grounds for recall. The town 
clerk shall thereupon deliver to said voters making the 
afiidavit copies of petition blanks demanding such recall, 
printed forms of which he shall keep available. The blanks 
shall be issued by the town clerk with his signature and official 
seal attached thereto. They shall be dated, shall be addressed 
to the selectmen, and shall contain the names of the ten 
persons to whom they are issued, the name of the person 
whose recall is sought, the grounds of recall as stated in the 
affidavit, and shall demand the election of a successor in the 
said office. A copy of the petition shall be entered in a record 
book to be kept in the office of the town clerk. The recall 
petition shall be returned and filed with the town clerk 
within twenty days after the filing of the affidavit, and shall 
have been signed by at least twenty per cent of the regis- 
tered voters of the town, who shall add to their signatures 
the street and number, if any, of their residences. 

The town clerk shall submit the petition to the registrars 
of voters in the town, and the registrars shall forthwith 
certify thereon the number of signatures which are names of 
registered voters of the town. 

Section 44. Removal and Election. — If the petition shall 
be found and certified by the town clerk to be sufficient, he 
shall submit the same with his certificate to the selectmen 
without delay, and the selectmen shall forthwith give written 
notice of the receipt of the certificate to the officer sought to 
be recalled, and shall, if the officer does not resign within 
five days thereafter, thereupon order an election to be held 
on a Tuesday fixed by them not less than twenty-five nor 
more than thirty-five days after the date of the town clerk's 
certificate that a sufficient petition is filed; provided, how- 
ever, that if any other town election is to occur within sixty 
days after the date of the certificate, the selectmen shall 
postpone the holding of the recall election to the date of such 
other election. If a vacancy occurs in said office after a recall 
election has been ordered, the election shall nevertheless 
proceed as provided in this act. 

Section 45. Nomination of Candidates. — The question 
of recalling any number of officers may be submitted at the 
same election. But as to each officer whose recall is sought 
there shall be a separate ballot. The nomination of candi- 
dates to succeed an officer whose recall is sought, the publi- 
cation of the warrant for the recall election and the conduct 
of such election shall all be in accordance with the provisions 
of chapter fifty-four A of the General Laws relative to the 
election of officers by preferential voting. 

Section 46. Ballots. — Ballots used in a recall election 
shall submit the following propositions in the order indicated: 
For the recall of (name of officer) . 
Against the recall of (name of officer). 



24 Acts, 1947. — Chap. 17. 

Immediately at the right of each proposition there shall 
be a square in which the voter, by making a cross mark (X), 
may vote for either of the said propositions. Under the 
proposition shall appear the word "Candidates", the di- 
rections to voters required by section four of chapter fifty- 
four A of the General Laws, and beneath this the names of 
candidates nominated as hereinbefore provided. 

Section 47. Election. — If a majority of the votes cast 
on the question of recalling an officer shall be against his 
recall, he shall continue in office but subject to recall as 
provided in this act. If a majority of such votes be for the 
recall of the officer designated on the ballot, he shall, regard- 
less of any defects in the recall petition be deemed removed 
from office. When an officer is recalled from office, the can- 
didate to succeed the officer recalled shall be determined in 
accordance with the provisions of chapter fifty-four A of 
the General Laws relative to the election of officers by prefer- 
ential voting. 

Section 48. Election in Event of Resignation. — If an 
office in regard to which a sufficient recall petition is filed 
becomes vacant before the ballots are printed, the election 
shall be held as hereinbefore provided, except that the title 
of the ballot shall be "Town Election", that the propositions 
in regard to the recall shall be omitted from the ballot, and 
that above the names of the candidates there shall appear 
on the ballot the words "Candidates to succeed (name of 
officer) resigned". (If he resigned his office). 

Section 49. Subsequent Recall. — No recall petition shall 
be filed against an officer within three months after he takes 
office, nor in the case of an officer subjected to a recall elec- 
tion and not recalled thereby, until at least three months 
after the election at which his recall was submitted to the 
voters of the town. 

Section 50. Person Recalled not to be Appointed to Any 
Town Office within Two Years. — No person who has been 
recalled from an office, or who has resigned from office while 
recall proceedings were pending against him, shall be ap- 
pointed to any town office within two years after such recall 
or such resignation. 

Section 5L Duties of Certain Town Officials relative to 
Election. — It shall be the duty of the selectmen and the 
town clerk in office and any other town official upon whom 
by reason of his office a duty devolves under the provisions 
of this act, when this act is accepted by the registered voters 
as herein provided, to comply with all the requirements of 
law relating to elections, to the end that all things may be 
done necessary for the nomination and election of the officers 
first to be elected under this act. 

Section 52. Section 1 of chapter 55 of the acts of 1928 
is hereby amended by striking out the first sentence and 
inserting in place thereof the following sentence: — ^^The 
selectmen of the town of Saugus, as hereinafter provided, 
shall forthwith divide the territory thereof into ten voting 



Acts, 1947.— Chap. 17. 25 

precincts, each of which shall be plainly designated, and 
shall contain approximately an equal number of registered 
voters. 

Section 53. Said chapter 55 is hereby further amended 
by striking out section 2,. as most recently amended by chap- 
ter 367 of the acts of 1941, and inserting in place thereof the 
following section : — Section 2. The representative town 
meeting membership shall consist in each precinct of five 
members, who shall be elected for terms of two years each 
by official ballot at the biennial town election. The town 
clerk shall after every election of town meeting members 
forthwith notify each such member by mail of his election. 
Upon the qualification of a majority of the town meeting 
members elected at the town election to be held on the third 
Monday of January, nineteen hundred and forty-eight, the 
terms of office of all town meeting members then in office 
shall terminate. 

Section 54. Section 3 of said chapter 55 is hereby 
amended by striking out the first two sentences and insert- 
ing in place thereof the following sentence : — The repre- 
sentative town meetings held under this act, except as other- 
wise provided herein, shall be limited to the elected town 
meeting members. 

Section 55. Section 5 of said chapter 55 is hereby 
amended by striking out, in line 2, the words "a moderator,", 
— so as to read as follows: — Section 5. The articles in 
the warrant for every town meeting, so far as they relate to 
the election of town officers and town meeting members, 
and as herein provided, to referenda, and all matters to be 
acted upon and determined by ballot, shall be so acted upon 
and determined by the registered voters of the town in their 
respective precincts. All other articles in the warrant for 
any town meeting, beginning with the town meeting at 
which said town meeting members are first elected, shall be 
acted upon and determined exclusively by town meeting 
members at a meeting to be held at such time and place as 
shall be set forth by the selectmen in the warrant for the 
meeting," subject to the referendum provided for by section 
eight. 

Section 56. Said chapter 55 is hereby further amended 
by striking out section 6 and inserting in place thereof the 
following section : — Section 6. At the first representative 
town meeting after each election of town meeting members, 
one of said members shall be elected to serve as moderator 
of all town meetings, except as otherwise provided by law, 
for a term of two years or until a successor is elected and 
qualified. Any vacancy in the office of moderator may be 
filled for the balance of the term by such members at a 
meeting held for that purpose. If the moderator is absent, a 
moderator pro tempore shall be elected by the town meeting 
members. 

Section 57. Section nine of said chapter fifty-five is 
hereby repealed. 



26 Acts, 1947. — Chap. 18. 

Section 58. Upon petition of ten per cent of the regis- 
tered voters of the town of Saugus filed with the town clerk 
not later than thirty days prior to the annual town meeting 
in said town in the current year this act shall be submitted 
for acceptance to the qualified voters of said town at said 
meeting; if no such petition is so filed but a petition for the 
submission of the question of the acceptance of this act by 
the voters of said town at a special town meeting called for 
the purpose is filed with the town clerk not later than three 
months after said annual town meeting, the selectmen of said 
town shall call a special town meeting to be held not less than 
thirty nor more than forty-five days after the filing of the 
petition therefor, at which the question of the acceptance of 
this act shall be submitted to the voters of said town. The 
vote shall be taken in precincts by ballot in accordance with 
the provisions of the General Laws, so far as the same shall 
be applicable, in answer to the question, which shall be 
placed upon the official ballot to be used at said meeting: 
"Shall an act passed by the general court in the year nine- 
teen hundred and forty-seven, entitled 'An Act changing 
the representative town meeting form of government in the 
town of Saugus and combining therewith a town manager 
form of government' be accepted by this town?" If a ma- 
jority of the voters voting on this question shall vote in the 
affirmative, and if the total number of voters voting thereon 
shall be a majority of the registered voters of the town of 
Saugus, this act shall take effect forthwith so far as it relates 
to dividing the territory of the town into ten precincts as 
provided by section one of chapter fifty-five of the acts of 
nineteen hundred and twenty-eight, as amended by this act, 
and, so far as it relates to the election of town meeting mem- 
bers, selectmen and members of the school committee, it 
shall take effect for the purposes of the town election to be 
held on the third Monday of January, nineteen hundred and 
forty-eight and for all things pertaining thereto, and shall 
take full effect upon the qualification of a majority of the 
selectmen first elected as provided in section two of this act. 
Approved January SO, 1947. 



Chap. 18 An Act relative to the borrowing of money by the 

TOWN OF PHILLIPSTON FOR BUILDING CONSTRUCTION 
PURPOSES. 

Be it enacted, etc., as folloivs: 

Section 1. Section 1 of chapter 31 of the acts of 1946 is 
hereby amended by striking out, in lines 1 and 2, the words 
"and pubHc works", — by striking out, in line 6, the word 
"ten" and inserting in place thereof the word: — twenty, — 
and by striking out, in line 8, the words "and PubHc Works", 
— so as to read as follows : — Section 1 . For the purposes of 
constructing a school building and of originally equipping 
and furnishing the same, the town of Phillipston may borrow 
from time to time, within a period of five years from the 



Acts, 1947. — Chaps. 19, 20. 27 

passage of this act, such sums as may be necessary, not ex- 
ceeding, in the aggregate, twenty thousand dollars, and may 
issue bonds or notes therefor, which shall bear on their face 
the words, Phillipston School 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, except as herein 
provided, be subject to chapter forty-four of the General 
Laws, exclusive of the limitation contained in the first para- 
graph of section seven thereof. 

Section 2. The selectmen of said town are hereby au- 
thorized to warn the inhabitants of said town relative to any 
action proposed to be taken at the annual meeting in the cur- 
rent year relative to the borrowing of money under said chap- 
ter thirty-one of the acts of nineteen hundred and forty-six, 
as amended by this act, by serving as early as possible before 
such meeting a supplementary warrant containing an appro- 
priate article relating thereto. 

Section 3. This act shall take effect upon its passage. 
Approved February 4, 1947. 

An Act reviving Massachusetts security corporation QJkuj jg 

FOR the sole purpose OF DISPOSING OF CERTAIN PERSONAL ^' 

PROPERTY. 

Whereas, The deferred operation of this act would delay the Emergency 
conveyance of certain personal property by the corporation p'"^^'"^'^- 
revived thereby and it is essential that such personal property 
be disposed of as soon as possible; therefore it is hereby de- 
clared to be an emergency law, necessary for the immediate 
preservation of the public health and convenience. 

Be it enacted, etc., as follows: 

Massachusetts Security Corporation, a corporation dis- 
solved by section one of chapter two hundred and thirty-nine 
of the acts of nineteen hundred and thirty-seven, is hereby 
revived and continued for a period of two years for the sole 
purpose of disposing of certain personal property owned by 
the corporation. Approved February 4, 1947. 

An Act further deferring the exercise by co-operative (JJiap, 20 

BANKS OF THE PRIVILEGE OF CONVERTING INTO CERTAIN 
FEDERAL AGENCIES. 

Be it enacted, etc., as follows: 

Section 2 of chapter 235 of the acts of 1943, as most re- 
cently amended by chapter 111 of the acts of 1946, is hereby 
further amended by striking out, in line 3, the word "four" 
and inserting in place thereof the word : — five, — so as to 
read as follows : — 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 five years im- 
mediately following the effective date of this act. 

Approved February 4t 1947. 



28 



Acts, 1947. — Chaps. 21, 22, 23. 



Chap. 21 



G. L. (Ter. 
Ed.), 170, § ]. 
etc., amended. 



"Co-operative 
Bank Mort- 
gage" defined. 



An Act defining co-operative bank mortgages. 
Be it enacted, etc., as follows: 

Section 1 of chapter 170 of the General Laws, as appear- 
ing in chapter 144 of the acts of 1933, is hereby amended by- 
adding at the end the following paragraph : — 

"Co-operative Bank Mortgage", a loan represented by a 
note secured by a mortgage upon real estate and a pledge of 
a share of the corporation for each two hundred dollars 
loaned. Approved February 4, 1947. 



Chap. 22 An Act relative to reports required of appointing 

AUTHORITIES CONCERNING CIVIL SERVICE EMPLOYEES. 



G. L. (Ter. 
Ed.), 31, § 18. 
etc., amended. 



Names of 

persons 

employed, 

promoted, 

etc., to be 

reported 

to director. 



Be it enacted, etc., as follows: 

Section 18 of chapter 31 of the General Laws, as most re- 
cently amended by section 9 of chapter 703 of the acts of 
1945, is hereby further amended by inserting after the word 
"reinstatement" in lines 5 and 6 the following: — , absence 
on account of illness or injury for over one month, termina- 
tion of temporary employment, leave of absence on account 
of military service, retirement, pension, change in name, — 
so as to read as follows: — Section 18. Every appointing 
authority shall report in writing forthwith to the director 
any appointment or employment, promotion, demotion, sus- 
pension, lay-off, discharge, transfer, resignation, change in 
duties or pay, abolition of position, reinstatement, absence 
on account of illness or injury for over one month, termination 
of temporary employment, leave of absence on account of 
military service, retirement, pension, change in name, leave 
of absence for over one month, or death, of any person within 
the official or labor service. Such report shall contain the 
service record of the employee in such form and detail as the 
director may designate, as well as the address of such person. 
Approved February 4, 1947. 



Chap. 



23 An Act relative to the purchase and use by the town 
OF wareham of a lot of land and the beach connected 
therewith, known as little harbor, in said town 

AND A right of WAY THERETO. 

Be it enacted, etc., as follows: 

Section 1. The town of Wareham is hereby authorized 
to purchase a lot of land and beach, known as Little harbor, 
with a right of way thereto, as set out, bounded and described 
on a plan on file in the office of the town clerk, as a town bath- 
ing beach or for such other municipal purposes as said town 
from time to time may determine, and said town may restrict 
the use of the same to its inhabitants, their guests and 
seasonal residents, and may adopt by-laws, not repugnant to 
law, relative to the use, care, regulation and control of the 
same for such purposes. 



Acts, 1947. — Chaps. 24, 25. 29 

Section 2. This act shall take full effect upon its ac- 
ceptance by the town at its next annual town meeting. 

Approved February 4, 1947. 



An Act authorizing the town of plainville to con- Chap. 24 

STRUCT, EQUIP AND MAINTAIN A BUILDING FOR USE AS A 
LIBRARY ON LAND WITHIN THE LIMITS OF THE PLAINVILLE 
TOWN PARK, SO CALLED, IN SAID TOWN. 

Be it enacted, etc., asfolloios: 

Section 1. The town of Plainville is hereby authorized, 
notwithstanding any limitation contained in chapter forty- 
five of the General Laws, to build, equip and maintain a 
building to be used for library purposes only, covering an 
area of not more than four thousand square feet on the 
ground, within the limits of Plainville town park, so called, 
in said town. Said building shall be so located as to interfere 
as little as possible with the use for recreational or athletic 
purposes of any part of the park area then so used. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the town at its next annual town meeting. 

Approved February 4, 1947. 

An Act authorizing the placing of the office of regular Qfiap, 25 
OR permanent patrolman of the police department 

OF the town of MEDWAY under civil service LAWS. 

Be it enacted, etc., asfolloios: 

Section 1. The oflEice of regular or permanent patrolman 
of the police department of the town of Medway 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 examination to which he shall 
be subjected by the division of civil service. 

Section 2. Tliis 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-seven, 
entitled 'An Act authorizing the Placing of the Office of 
Regular or Permanent Patrolman of the Police Department 
of the Town of Medway under Civil Service Laws', be ac- 
cepted?" If a majority of the votes in answer to said ques- 
tion is in the affirmative, then this act shall thereupon take 
full effect, but not otherwise. Approved February 4, 1947. 



30 Acts, 1947. — Chaps. 26, 27, 28. 

Chap. 26 An Act relative to the listing of veterans in the 

soldiers' home in CHELSEA. 

Be it enacted, etc., as follows: 

Edo,'5i!l'4, Section 4 of chapter 51 of the General Laws, as most re- 
etc, 'amended, cently amended by section 13 of chapter 453 of the acts of 
1943, is hereby further amended by striking out the last 
paragraph, and inserting in place thereof the following para- 
graph : — 
?ife^rln^in ^^^ vctcrau in the soldiers' home in Chelsea shall have 

soldiers' 'home the Same right as any other resident of that city to be as- 



in Chelsea 
same as 
resident 



sessed and to vote therein. Approved February 4, 1947. 



Chap. 27 An Act to authorize the town of lynnfield to borrow 

MONEY FOR THE PURPOSE OP CONSTRUCTING, EQUIPPING 
AND FURNISHING A SCHOOL BUILDING. 

Be it enacted, etc., as folloios: 

Section 1. For the purpose of constructing and originally 
equipping and furnishing a new elementary school building 
in precinct two in the town of Lynnfield, said town may bor- 
row, 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, two hundred thousand dollars, 
and may issue bonds or notes therefor, which shall bear on 
their face the words, Lynnfield School Building Loan, Acts 
of 1947. Each authorized loan 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 
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. This act shall take effect upon its passage. 
Approved February 5, 1947. 

Chap. 28 An Act to properly relate a reference in one section 

OF THE TRUST COMPANY STATUTES TO OTHER SECTIONS 
THEREOF. 

Be it enacted, etc., as follows: 

Ed)' 172 "^^ Section 30 A of chapter 172 of the General Laws is hereby 

§3bA. etc., amended by striking out the word "fifty-four" in the last 

amended. scntcnce as added by section 17 of chapter 349 of the acts of 

1934, and inserting in place thereof the words : — fifty-four A, 

Exception. — SO that Said sentence will read as follows : — This section 

shall not apply in case of assets transferred under section 

fifty-four A or sixty-two. Approved February 6, 1947. 



Acts, 1947. — Chaps. 29, 30. 31 



An Act relative to depots for the collection of moneys Chap. 29 

AND branch offices, AND TO CHANGES IN LOCATION OF 
MAIN OFFICES, OF CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Chapter 170 of the General Laws is hereby amended by g-jL.CTer^^^ 
striking out section 11, as appearing in chapter 144 of the etc!. 'amended.' 
acts of 1933, and inserting in place thereof the following 
section : — Section 1 1 . Such corporation shall carry on its ^°-°pp^'*j^*'''^ 
usual business at its banking office, which shall be in the town esTabiiT^ 
named in its agreement of association, and its board of direct- ^"p^^g'"" 
ors shall hold stated monthly meetings at any place in said 
town. The corporation may, after such notice and hearing 
as the commissioner may require, with his written permission 
and under such regulations as he may approve, establish one 
or more depots, where moneys due the bank may be collected 
by the treasurer or other persons duly empowered by the 
directors, upon such days as may be designated by vote of 
the board of directors, or one or more branch offices in the 
town where its banking office is located or in towns not more 
than fifteen miles distant where there is no co-operative bank- 
ing office at the time when such permission is given. Such change of 
corporation may, upon the vote of two thirds of the members nmtiVoffice. 
present at a meeting called for that purpose, and with the ap- 
proval of the board of bank incorporation, change the location 
of its main office to another town within the commonwealth 
by appropriate amendment of its agreement of association, a 
copy of which shall be filed with the state secretary. 

Approved February 6, 1947. 



An Act relative to limitations of time for certain (Jfidp^ 3Q 

ACTION in connection WITH ELECTIONS AND PRIMARIES. 

Be it enacted, etc., as follows: 

Section 1. The second paragraph of section 32 of chap- a l. (Ter^ 
ter 6 of the General Laws, as most recently amended by etc^.'an'iended. 
chapter 43 of the acts of 1943, is hereby further amended by 
striking out, in line 5, the words "fourteen days" and insert- 
ing in place thereof the words: — five o'clock in the after- 
noon on the fourteenth day, — and by striking out, in 
line 12, the words "four days" and inserting in place thereof 
the words: — five o'clock in the afternoon on the fourth 
day, — so as to read as follows : — 

The commission shall render a decision on any matter re- Powers and 
f erred to it, pertaining to certificates of nomination or baiiot lavv ^ ^ 
nomination papers for any presidential or biennial state •commission. 
primaries or any biennial state election or to withdrawals of 
nomination therefor, not later than five o'clock in the after- 
noon on the fourteenth day after the last day fixed for filing 
objections to such certificates or papers or for filing such 
withdrawals, as the case may be, under chapter fifty-three. 



32 



Acts, 1947. — Chaps. 31, 32. 



G. L. (Ter. 
Ed.), 50, § 4, 
amended. 



Time of 
filing. 



The commission shall render a decision on any matter re- 
ferred to it, pertaining to certificates of nomination or 
nomination papers for any special state primary or special 
state election or to withdrawals of nomination therefor, not 
later than five o'clock in the afternoon on the fourth day 
after the last day fixed for filing objections to such certifi- 
cates or papers or for filing such withdrawals, as the case 
may be, under chapter fifty-three. In the event that said 
commission fails to render its decision within the time herein 
required on any matter so referred, the state secretary shall, 
notwithstanding such failure, proceed forthwith to cause to 
be printed the ballots for such primaries or elections. 

Section 2. Section 4 of chapter 50 of the General Laws, 
as appearing in the Tercentenary Edition, is hereby amended 
by adding at the end thereof the following paragraph : — 

All certificates of nomination and nomination papers and 
other papers pertaining to primaries and elections required 
by law to be filed on or before a specified day shall be filed 
not later than five o'clock in the afternoon on said day. 

Approved February 6, 1947. 



Chap. 31 An Act restricting the number of times the name of a 

PERSON MAY APPEAR ON THE OFFICIAL BALLOT FOR ANY 
presidential JPRIMARY AS A CANDIDATE FOR DELECiATE 
OR ALTERNATE DELEGATE TO A NATIONAL CONVENTION. 

Be it enacted, etc., as follows: 

Section 70E of chapter 53 of the General Laws, inserted 
by section 21 of chapter 473 of the acts of 1938, is hereby 
amended by inserting before the last sentence the following 
sentence: — The name of any person shall not be printed 
on the official ballot for any presidential primary as a candi- 
date for the office of delegate to a national convention and 
as a candidate for the office of alternate delegate thereto nor 
more than once as a candidate for either of such offices. 

Approved February 6, 1947. 



G. L. (Ter. 
Ed.), 53, 
§ 70E. etc.. 
amended. 

Delegates to 
national 
conventions. 
Names to 
appear only 
once on 
official ballot. 



Chap. 32 An Act relative to appropriations by the town of 

NANTUCKET FOR MUNICIPAL ADVERTISING PURPOSES AND 
FOR PUBLIC AMUSEMENTS. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 139 of the acts of 1937 
is hereby amended by striking out, in fine 2, the word "three" 
and inserting in place thereof the word : — six, — so as to 
read as follows: — Section 1. The town of Nantucket may, 
by a majority vote, appropriate each year a sum not exceed- 
ing six thousand dollars for advertising the advantages of the 
town and 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 February 7, 1947. 



Acts, 1947. — Chap. 33. 33 



An Act relative to the fire department of the town QIiq/q^ 33 
of watertown. / 

Be it enacted, etc., as follows: 

Section 1. The fire department of the town of Water- 
town shall hereafter be under the control of an officer to be 
known as the chief of the fire department. Subject to the 
civil service laws, and the rules and regulations made there- 
under, the chief shall be appointed by the selectmen, and 
may be removed by them for cause at any time after a hear- 
ing. He shall receive such salary as the selectmen may from 
time to time determine not exceeding, in the aggregate, the 
amount appropriated therefor. He shall have charge of the 
extinguishing of fires in the town and the protection of life 
and property in case of fire. He shall purchase, subject to the 
approval of the selectmen, and keep in repair all property 
and apparatus used for and by the fire department. Except 
as herein provided, he shall have and exercise all the powers 
and discharge all the duties conferred or imposed by statute 
upon fire engineers in towns. Subject to said civil service 
laws, rules and regulations, he may appoint a deputy chief, 
captains, lieutenants, mechanicians and such other officers 
as he may think necessary, may remove any such officers 
from office at any time for cause after a hearing, with the 
approval of the selectmen, and may promote any of said 
officers as well as the other members of the department, 
which other members shall continue to be appointed by the 
selectmen under authority of chapter five hundred and 
twenty-six of the acts of nineteen hundred and twelve. 
Except as herein provided, he shall have full and absolute 
authority in the administration of the department, shall 
make all rules and regulations for its operation, shall report 
to the selectmen from time to time as they may require, and 
shall annually report to the town the condition of the depart- 
ment with his recommendations thereon. 

Section 2. The chief of the fire department shall act as 
forest warden in the town of Watertowm and shall have 
authority to appoint deputy wardens. 

Section 3. The provisions of this act shall not affect the 
tenure of office of any of the permanent and call members of 
the fire department of the town of Watertown, including the 
chief engineer who shall hereafter be known as the chief of 
the fire department. 

Section 4. So much of said chapter five hundred and 
twenty-six as is inconsistent with the provisions of this act 
is hereby repealed. 

Section 5. This act shall take full effect upon acceptance 
by a majority vote of the town meeting members of the town 
of Watertown at its next annual town meeting, but not 
otherwise. Approved February 7, 1947. 



34 



Acts, 1947. — Chap. 34. 



G. L. (Ter. 
Ed.), 51, § 26, 
etc., amended. 



Sessions of 
registrars. 



Chap. 34 An Act relative to the registration of voters prior 

TO PRIMARIES, PRELIMINARY ELECTIONS AND ELECTIONS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 51 of the General Laws is hereby 
amended by striking out section 26, as most recently amended 
by section 20 of chapter 453 of the acts of 1943, and inserting 
in place thereof the following section: — Section 26. The 
registrars, for the purpose of registering voters in the manner 
hereinafter provided, shall hold such day and such evening 
sessions as the town by by-law or the city by ordinance 
shall prescribe, and such other sessions as they deem neces- 
sary; but, except as provided in sections thirty-four and 
fifty, there shall be no registration of voters between ten 
o'clock in the evening on the thirty-second day preceding, 
and the day following, the biennial state primary, the presi- 
dential primary and the biennial state election, nor in any 
city between ten o'clock in the evening on the twentieth day 
preceding and the day following a city election, or a city 
primary or preliminary election, nor in any town between 
ten o'clock in the evening on the twentieth day preceding 
and the day following the annual town meeting notwith- 
standing any contrary provision in any special law. The 
time and place of registration shall be the same for male and 
female apphcants. 

Section 2. Said chapter 51 is hereby further amended 
by striking out section 27, as most recently amended by 
section 21 of said chapter 453, and inserting in place thereof 
the following section : — Section 27. They shall hold at 
least one session at some suitable place in every city or town 
on or before the last day for registration preceding the 
biennial state primary, the presidential primary and any 
city or town primary, or preliminary election. 

Section 3. Said chapter 51 is hereby further amended by 
striking out section 28, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following section: 
— Section 28. They shall hold a continuous session from 
twelve o'clock noon until ten o'clock in the evening on the 
last day for registration prescribed under section twenty-six, 
except that in towns having less than three hundred voters 
said session shall be sufficient if it includes the time from two 
to four o'clock in the afternoon and from seven to ten o'clock 
in the evening. 

Section 4. Section 29 of said chapter 51, as so appearing, 
is hereby amended by striking out, in line 3, the word 
"fourth" and inserting in place thereof the word: — 
twentieth, — so as to read as follows: — Section 29. They 
shall, in some suitable place, hold a continuous session from 
twelve o'clock noon until ten o'clock in the evening, on the 
twentieth day preceding a special election. Registration 
shall cease at ten o'clock in the evening of the day on which 
such session is held. 



G. L. (Ter. 
Ed.), 51, § 27, 
etc., amended. 



Sessions 

before 

primaries. 



G. L. (Ter. 
Ed.).51, §1 
amended. 



Registration 
on last day. 



G. L. (Ter. 
Ed.), 51, §29, 
amended. 



Sessions before 
a special 
election. 



Acts, 1947. — Chap. 35. 35 

Section 5. Said chapter 51 is hereby further amended Ed.V.' sK ^oa, 
by striking out section 29 A, as amended by section 2 of etc., "amended. ' 
chapter 109 of the acts of 1943, and inserting in place thereof 
the following section: — Section 29 A. They shall, in some sessions 
suitable place in every city or town wherein there is to be a ^pecL\° 
special state, city or town primary, hold a session on the primaries. 
twentieth day preceding such primary. Registration shall 
cease at ten o'clock in the evening of the day on which such 
a session is held. The provisions of this section applicable 
in the case of a special city or town primary shall apply also 
in the case of a special preliminary election held in any city 
under chapter forty-three, or in any city or town under any 
special law. 

Section 6. Section 29B of said chapter 51, as amended Ij^s^^^jogB, 
by section 22 of said chapter 453, is hereby further amended etc!, 'amend^ed. ' 
by striking out, in line 2, the word "forty" and inserting in 
place thereof the word : — sixty, — so as to read as follows : — 
Section 29R. In cities the registrars shall, within sixty days Sessions of 
before the biennial state election, but on or before the last citTes.'^'''^^ '" 
day fixed for registration, hold one or more sessions in one 
or more suitable places in each ward of the city, unless the 
city council votes otherwise. 

Section 7. Said chapter 51 is hereby further amended EdVsi^Tso 
by striking out section 30, as amended by section 23 of said etc;, 'amended', 
chapter 453, and inserting in place thereof the following 
section : — Section SO. In towns divided into voting pre- sessions in 
cincts the registrars shall, within sixty days before the bi- ^°'^"^' 
ennial state election or the annual town meeting, as the case 
may be, but in each case on or before the last day fixed for 
registration, hold one or more sessions in each voting precinct, 
unless the selectmen or town vote otherwise. In towns not 
divided into voting precincts they shall, during the same 
period, hold sessions in one or more suitable places. They 
shall hold a session before the last day for registration, at 
some suitable place in any village or locality distant two or 
more miles from the place of registration, if ten or more 
voters residing in or near such village or locality file with the 
town clerk not less than forty-eight days before the biennial 
state election or annual town meeting a petition stating that 
in such village or locality there are at least ten citizens who 
are entitled and desire to be registered. 

Approved February 7, 1947. 

An Act to clarify the limit on the liability of one Chap. 35 

BORROWER UPON MORTGAGES MADE BY A CO-OPERATIVE 
BANK. 

Be it enacted, etc., as follows: 

Section 16 of chapter 170 of the General Laws, as most g^L. (Ter.^ ^^ 
recently amended by section 7 of chapter 244 of the acts of etc., 'amended. ' 
1938, is hereby further amended by adding at the end the fol- 
lowing sentence : — In case the shares of a borrower pledged ^'^^''1*^^. °* 
upon a co-operative bank mortgage are transferred to a per- w'henlhares 



36 Acts, 1947. — Chaps. 36, 37, 38. 

are pledged son deemed by the corporation to be a bona fide purchaser 
fidepSaser. of the premises securing the same, the liabiHty of the bor- 
rower on that loan shall be disregarded in ascertaining 
whether or not his liability to the corporation exceeds the 
limit on one borrower's liability as determined by this sec- 
tion or under sections twenty-seven and thirty-six A. 

Approved February 7, 1947. 

Chap. 36 An Act affecting the investments of trust companies 

IN REAL estate FOR THE TRANSACTION OF THEIR BUSINESS. 

Be it enacted, etc., as follows: 

Ed.),' 172, ■§ 41, Section 41 of chapter 172 of the General Laws, as appear- 

amended. -^^g ^^ ^^iq Tercentenary Edition, is hereby amended by adding 

s^iH/reS fit the end the following sentence: — Any sums that may 

luowlnJes ^^ recovered by a trust company through the sale or other 

fordeprecia- disposal of real cstatc or any part thereof held under this 

i*escence°8han sectiou, togcthcr with such sums as are allowed for ordinary 

be deducted, depreciation by the federal collector of internal revenue, and 

such additional sums as are taken on account of depreciation 

or obsolescence, or for other reason, with the consent of the 

commissioner or at his direction, shall be deducted from the 

amount considered to be invested in such real estate. 

Approved February 7, 1947. 

Chap. 37 An Act relative to the placing on nomination papers of 

ACCEPTANCES OF NOMINATIONS BY CANDIDATES. 

Be it enacted, etc., as follows: 

Ed.V.' 5o!^new Chapter 50 of the General Laws is hereby amended by 
§ 3A, added, inserting after section 3 the following section: — Section 3A. 
written^^ on Wherever the written acceptance of a candidate is required 
accep ance on ^_^ ^^^ ^^ ^^ placcd upou a nomination paper, it shall be 
pa^eTsufficient. Sufficient if such acceptance is placed upon one nomination 
paper only of a group of nomination papers required to 
secure the nomination. Approved February 7, 1947. 

Chap. 38 An Act relative to the compensation of the acting 

LIBRARIAN OF THE TOWN OF GREENFIELD. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
ninety-one of chapter thirty- two of the General Laws, the 
town of Greenfield may pay to Edgar B. Smith of said 
Greenfield for his services as acting librarian for the said 
town between September first and December thirty-first in 
the year nineteen hundred and forty-six, the sum of eight 
hundred and twenty-three dollars and seventy-three cents, 
the same being compensation for such services less the amount 
of his pension paid by the teachers' retirement system for the 
period of such services. 

Section 2. This act shall take effect upon its passage. 
Approved February 10, 1947. 



Acts, 1947. — Chaps. 39, 40. 37 

An Act limiting the exceptions from the limit of QJiap. 39 

LIABILITY OF ONE BORROWER TO A MORRIS PLAN OR SIMILAR 
COMPANY. 

Be it enacted, etc., as follows: 

Section 8 of chapter 172 A of the General Laws, as appear- g. l. (Ter. 
ing in section 4 of chapter 452 of the acts of 1935, is hereby ^s^'ell^^' 
amended by striking out all after the word "paper" in amended. 
line 10 and inserting in place thereof the words: — , or 
leases or conditional sales agreements or mortgages of per- 
sonal property, actually owned by the person negotiating or 
selling the same shall not be considered money so bor- 
rowed, even though such person continues or becomes sec- 
ondarily or contingently liable thereon or therefor to such 
corporation, — so as to read as follows : — Section 8. The Liability 
total liability to any such corporation of any individual, cor- regulated. 
poration, trust, association or firm for money borrowed, 
including in such liability of any corporation, trust, associa- 
tion or firm the liabilities of the several directors, trustees, 
members or partners thereof, shall at no time exceed ten 
per cent of the aggregate of the paid-in capital and surplus 
of such corporation, but the discount or purchase of bona 
fide bills of exchange or acceptances drawn against actually 
existing values and the discount or purchase of commercial 
or business paper, or leases or conditional sales agreements 
or mortgages of personal property, actually owned by the 
person negotiating or selling the same shall not be considered 
money so borrowed, even though such person continues or 
becomes secondarily or contingently liable thereon or 
therefor to such corporation. 

Approved February 10, 1947. 



An Act relative to the supply of water by the thorn- QJiav, 40 

DIKE FIRE AND WATER DISTRICT IN THE TOWN OF PALMER 
IN AN AREA HERETOFORE SUPPLIED BY JEREMIAH J. KELLEY. 

Be it enacted, etc., as follows: 

Chapter 320 of the acts of 1946 is hereby amended by in- 
serting after section 15 the following section: — Section 15 A. 
Nothing in this act shall authorize the district 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 Jeremiah J. Kelley, or his heirs or 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 prop- 
erties of said Jeremiah J. Kelley, or his heirs and assigns, 
on said date appurtenant to the business of water supply 
and located within the area served by the said Jeremiah J. 
Kelley, or his heirs and assigns. In case of dispute as to the 
area served by said Jeremiah J. Kelley, or his heirs and 



38 Acts, 1947. — Chaps. 41, 42. 

assigns, on said date, the department of public utilities, upon 
application of the district or of said Jeremiah J. Kelley, or 
his heirs and assigns, shall determine such area and such 
determination shall be final. 

Approved February 10, 1947. 



Chap. 41 A.N Act relative to investments by domestic insurance 

COMPANIES IN REAL ESTATE MORTGAGES INSURED UNDER 
THE NATIONAL HOUSING ACT. 

Be it enacted, etc., as follows: 

Edo ■ 175^ Section 65 of chapter 175 of the General Laws, as amended 

§ e's'etc.,' by chapter 125 of the acts of 1946, is hereby further amended 
amen e . ^^ striking out, in line 6, the words "domestic life" and 

inserting in place thereof the word: — such, — so as to read 
Certain loans as f oUows I — Scction 65. No domestic company shall, ex- 
prohibHld^*"^ cept 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 such company may make and acquire 
loans secured by mortgages on real estate within or without 
the commonwealth insured by the Federal Housing Ad- 
ministrator 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 February 10, 1947. 



Chap. 42 An Act to clarify and establish the authority of the 

TOWN OF ESSEX TO BORROW MONEY FOR NOT MORE THAN 
THIRTY YEARS UNDER AUTHORITY OF THE GENERAL LAWS 
FOR THE ESTABLISHMENT OF A WATER SUPPLY SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. The town of Essex may incur debt payable 
in not more than thirty years under the authority of clause 
(3) of section eight of chapter forty-four of the General Laws, 
for supplying itself and its inhabitants with water, notwith- 
standing the provisions of chapter two hundred and thirty- 
three of the Special Acts of nineteen hundred and fifteen and 
the establishment in said town of the Conomo Point water 
supply system. 

Section 2. Chapter 233 of the Special Acts of 1915 is 
hereby repealed. 

Section 3. This act shall take effect upon its passage. 
Approved February 12, 1947. 



Acts, 1947. — Chaps. 43, 44, 45. 39 



An Act to make effective and to ratify and confirm Qfidjy^ 43 

THE ACTION OF THE TOWN OF NORFOLK IN ESTABLISHING A 
WATER SUPPLY SYSTEM AND IN THE ELECTION OF WATER 
COMMISSIONERS AND TO RATIFY AND CONFIRM THE OFFICIAL 
ACTS OF THE WATER COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. The action of the town of Norfolk in es- 
tablishing a water supply system and the election of water 
commissioners at the annual town meeting in nineteen hun- 
dred and forty-six is validated, ratified and confirmed and 
made effective to the same extent as though the said town 
had acted to establish a water supply system in accordance 
with the provisions of section thirty-nine A of chapter forty 
of the General Laws and had established a board of water 
commissioners in accordance with the provisions of section 
sixty-nine A of chapter forty-one of the General Laws. 

Section 2. All official acts performed by the said water 
commissioners are ratified, confirmed and validated. 

Section 3. This act shall take elTect upon its passage. 
Approved February 12, 19^7. 



An Act authorizing the town of franklin to purchase Qj^ij) 44 
water from, and to sell water to, any adjoining ^' 
towns. 

Be it enacted, etc., as follows: 

Section 1. The town of Franklin, acting by its board 
of water and sewer commissioners, is hereby authorized to 
purchase water from, and to sell water to, any adjoining 
towns, and any such adjoining town, acting by its board of 
water commissioners, or board exercising the powers of such 
commissioners, is hereby authorized to sell water to, or to 
purchase water from, said town of Frankfin. 

Section 2. This act shall take effect upon its passage. 
Approved February 12, 194-7. 

An Act increasing the maximum amount of deposits Qfiaj) 45 

WHICH MAY BE RECEIVED BY SAVINGS BANKS. 

Be it enacted, etc., as follows: 

Section L Chapter 168 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 31, as most recently amended fttl'amfAded^' 
by chapter 97 of the acts of 1945, and inserting in place 
thereof the following section: — Section SI. Such corpora- Amount of 
tion may receive on deposit from any person not more than {Infield* 
five thousand dollars; and may allow interest upon such 
deposits, and upon the interest accumulated thereon, until 
the principal, with the accrued interest, amounts to ten 
thousand dollars; and thereafter upon no greater amount 
than ten thousand dollars; but this section shall not apply 



40 



Acts, 1947. — Chaps. 46, 47. 



G. L. (Ter. 
Ed.). 168, 
§31A, 
amended. 

Same subject. 

Joint 

accounts. 



to deposits by a religious or charitable corporation or labor 
union, or credit union, or fraternal benefit society, or in the 
name of a judge of probate, or by order of any court, or on 
account of a sinking fund of a town in the commonwealth or 
of any trust fund held by a town for public uses, or of the 
funds of any state, county or municipal retirement or pen- 
sion system or association, or of the funds of the Savings 
Banks Employees Retirement Association. 

Section 2. Said chapter 168 is hereby further amended 
by striking out section 31 A, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following sec- 
tion: — Section SI A. Such corporation may receive de- 
posits on joint accounts provided for in section fourteen of 
chapter one hundred and sixty-seven to the amount of ten 
thousand dollars, and may allow interest upon such deposits 
and upon the interest accumulated thereon until the prin- 
cipal with the accrued interest amounts to twenty thousand 
dollars, and thereafter upon no greater amount than twenty 
thousand dollars. Persons having such joint accounts may 
also make deposits in their individual names, but the total 
amount of such deposits, both joint and individual, shall 
not exceed ten thousand dollars, and such corporation may 
allow interest upon such deposits and upon the interest ac- 
cumulated thereon until the principal with the accrued in- 
terest on all said accounts amounts to twenty thousand dol- 
lars, and thereafter upon no greater amount than twenty 
thousand dollars. Approved February 12, 194-7. 



Chap. 46 



G. L. (Ter. 
Ed.). 170, § 6, 
etc., amended. 



By-laws. 
Fines. 



An Act relative to fines in co-operative banks. 
Be it enacted, etc , as follows: 

Section 6 of chapter 170 of the General Laws, as amended, 
is hereby further amended by striking out subsection (k), as 
appearing in chapter 144 of the acts of 1933, and inserting in 
place thereof the following subsection: — 

(k) The manner in which and extent to which the board 
of directors shall fix the rate of fines upon delinquent pay- 
ments and authorize the waiver of sUch fines. 

Approved February 12, 1947. 



Chap. 47 ^^ ^^"^ extending the period during which the trustees 

under the will of GEORGE ROBERT WHITE SHALL HAVE 
THE TEMPORARY CARE, CUSTODY AND CONTROL FOR CERTAIN 
PUBLIC PURPOSES OF CERTAIN PARK LAND IN THE CITY OF 
BOSTON. 

Be it enacted, etc., as follows: 

Section 1 of chapter 585 of the acts of 1941, as most re- 
cently amended by chapter 302 of the acts of 1945, is hereby 
further amended by striking out, in the last sentence, the 
word "six" and inserting in place thereof the word: — eight, 
— so that said sentence will read as follows : — Said transfer 
shall also be upon the further express condition that if, 



Acts, 1947. — Chaps. 48, 49, 50. 41 

within eight years from the date of such transfer, such im- 
provement and construction at or on said park land shall 
not have been completed, then the care, custody and control 
of said park land shall thereupon revert without further act 
to said park department. Approved February 12, 19Jf7. 

An Act relative to the par value of capital stock Qfiart 48 

ISSUED BY gas AND ELECTRIC COMPANIES. ^' 

Be it enacted, etc., as follows: 

Section 6 of chapter 164 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by ^mende'd.' ^^*^' 
striking out paragraph {e) and inserting in place thereof the 
following paragraph : — 

(e) The par value of the shares, which may be one hun- Agreement of 
dred dollars, fifty dollars, twenty-five dollars, twenty dollars p^^^iurof 
or ten dollars, as the department shall authorize. shares. 

Approved February 12, 1947. 

An Act relative to the purchase of forest fire fight- Qhn^ 4Q 

ING apparatus by THE COUNTY OF BARNSTABLE FOR USE ^' 

BY THE TOWNS WITHIN ITS LIMITS. 

Be it enacted, etc., as follows: 

Section 1 of chapter 349 of the acts of 1939 is hereby 
amended by striking out in fine 3 the words "five thousand" 
and inserting in place thereof the words : — seventy-five 
hundred, — so as to read as follows: — Section 1. The 
county commissioners of the county of Barnstable may an- 
nually expend such sum, not exceeding seventy-five hun- 
dred dollars, as may be appropriated by the general court, 
for the purchase of apparatus to be used by the several 
towns within said county in preventing and extinguishing 
forest fires. Said commissioners shall, from time to time, 
provide by rules and regulations for the custody'- and main- 
tenance of said apparatus, and for the use of said apparatus, 
subject to the pertinent provisions of sections twenty-four 
and twenty-five of chapter forty-eight of the General Laws 
relative to the use and control of apparatus in the extinguish- 
ment of fires. Approved February 12, 1947. 

An Act increasing the amount that may be raised and Qhav 50 

EXPENDED IN PROVIDING ADDITIONAL ACCOMMODATIONS 
FOR THE REGISTRY' OF DEEDS AT CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 65 of the acts of 1946 is 
hereby amended by striking out in line 3 the word "thirty- 
eight" and inserting in place thereof the word: — fifty-five, 
— so as to read as follows : — Section 1 . The county com- 
missioners of Middlesex county are hereby authorized to 
raise and expend a sum not exceeding fifty-five thousand 



42 Acts, 1947. — Chaps. 51, 52. 

dollars for the purpose of providing adequate accommoda- 
tipns for the registry of deeds at the registry of deeds and 
probate building at Cambridge in said county, and for such 
purposes said county commissioners 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 accept- 
ance during the current year by the county commissioners of 
the county of Middlesex, but not otherwise. 

Approved February 12, 1947. 



Chap. 51 An Act to enable the Middlesex county commissioners 

TO ACQUIRE CERTAIN ADDITIONAL LAND IN THE CITY OF 
LOWELL FOR THE PURPOSES OF THE DISTRICT COURT OF 
LOWELL IN SAID COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Middlesex 
county are hereby authorized to acquire by purchase, or 
otherwise, certain land in the city of Lowell as an adjunct 
to the district court of Lowell in said city, said land being 
now or formerly owned by the Middlesex Company, and 
lying opposite the entrance of the present court house, and 
being bounded southerly by Hurd street; westerly by land 
now or formerly of St. Paul's Methodist Episcopal Church; 
and northerly by Warren street; and, for said purpose, may 
raise and expend a sum not exceeding two hundred dollars, 
said sum to be included as a part of the county tax for said 
county of Middlesex for the current year. 

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

Approved February 12, 19^7. 



Chap. 52 An Act further regulating carriers of property by 

MOTOR vehicle. 

^r'^ambre':^ Wkcrcas, The deferred operation of this act would tend 

to defeat its purpose, which is to make immediately subject 
to forfeiture certain rights of certain carriers of property by 
motor vehicle for failure to render service in accordance with 
certificates issued to them, 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: 

EdV'iMB §3 Section 1. Section 3 of chapter 159B of the General 

etc!. 'amended. ' Laws is hereby amended by striking out paragraph (c), as 

most recently amended by section 1 of chapter 420 of the 

acts of 1946, and inserting in place thereof the following 

paragraph: — 



Acts, 1947. — Chap. 53. 43 

(c) Any regular or irregular route common carrier who, Forfeiture of 
during any period of not less than sixty consecutive days fafi'ur^e'to 
since the fifth day of June, nineteen hundred and forty-six, render 
fails or has failed to render any part of the service author- ^'"■''""'• 
ized by his certificate except for the reason that the ways 
over which he must operate are impassable because of floods, 
condition of the highways or for other reasonable causes 
shall be deemed to have abandoned that part of the service 
authorized by his certificate, and if, after a hearing, the de- 
partment finds that such carrier has so failed to render serv- 
ice in accordance with his certificate, and not for any reason 
set forth in the foregoing exceptions, his rights thereto to 
the extent of his failure to render service shall be forfeited 
and the department shall reissue his certificate subject to 
the resulting limitations. 

Section 2. The provisions of paragraph (c) of section Provisions 
three of chapter one hundred and fifty-nine B of the Gen- au^proceed- 
eral Laws, as most recently amended by section one of this '"j^s 
act, shall apply to all proceedings begun by the department department. 
of public utilities under authority of any provision of said 
paragraph (c), as appearing in section one of chapter four 
hundred and twenty of the acts of nineteen hundred and 
forty-six, and still pending before said department on the 
effective date of this act. 

Section 3. Section 9 of said chapter 159B, as most re- g. l. (Ter. 
cently amended by section 1 of chapter 376 of the acts of ftV,'amlnd!d' 
1946, is hereby further amended by adding at the end the 
following sentence : — The department in its discretion may Department 
refuse to issue such a distinguishing plate to the holder of ["'^s/Je"'"' 
any certificate or permit pending any complaint or hearing plate. 
upon the question of revocation or suspension of such cer- 
tificate or permit, or in which such question is involved. 

Approved February 13, 1947. 

An Act placing under the civil service laws the office (JJid'p 53 
OF custodian of town hall in the town of milford. 

Be it enacted, etc., as follows: 

Section 1. The office of custodian of town hall in the 
town of Milford shall, upon the effective date of this act, 
become subject to the civil service laws, and the rules and 
regulations made thereunder, and the tenure of office of any 
subsequent incumbent of said office shall be unlimited, sub- 
ject, however, to said civil service laws. The incumbent of 
said office on said effective date shall be subjected to a non- 
competitive qualifying examination for said oSice by the 
division of civil service of the department of civil service 
and registration. If said incumbent passes said examina- 
tion, he shall be certified for said office and shall be deemed 
to be permanently appointed thereto without serving any 
probationary period, and his tenure of office shall be un- 
limited, subject, however, to the provisions of said laws. If 
said incumbent does not pass such non-competitive quali- 



44 Acts, 1947. — Chap. 54. 

fying examination, he may continue to serve in said office, 
but shall not be subject to the provisions of said laws. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority vote of the town meeting members 
of the town of Milford at the annual town meeting held in 
the current year, but not otherwise. 

Approved February 13, 1947. 

Chap. 54 An Act to provide that the school committee of the 

CITY OF CHELSEA SHALL CONSIST OF FIVE MEMBERS, THE 
MAYOR, EX OFFICIO, AND FOUR OTHER MEMBERS TO BE 
ELECTED BY AND FROM THE VOTERS OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1, The school committee of the city of Chelsea 
shall consist of five members, the mayor ex officio, having a 
right to vote therein, and four other members to be elected 
by and from the voters of said city. 

Section 2, At the biennial municipal election to be held 
in the city of Chelsea in the year nineteen hundred and 
forty-nine, four members of the school committee shall be 
elected by and from the registered voters of the city for 
terms of four years each, and at the biennial municipal elec- 
tion in every fourth year thereafter, successors to the mem- 
bers of said committee to be elected thereat shall be elected 
for four years each. All persons elected under the provi- 
sions of this act shall serve from eight o'clock in the evening 
on the first Monday of January following their election and 
until the qualification of their respective successors. 

Section 3. All members of said school committee elected 
at the biennial municipal election held in said city in the 
year nineteen hundred and forty-seven shall cease to hold 
office upon the quaHfication of the members of the school 
committee elected at the biennial municipal election in the 
year nineteen hundred and forty-nine. 

Section 4. So much of chapter six hundred and eighty 
of the acts of nineteen hundred and eleven, and acts in 
amendment thereof or in addition thereto, as is inconsistent 
with the provisions of this act is hereby repealed. 

Section 5. This act shall be submitted for acceptance 
to the registered voters of the city of Chelsea at the bien- 
nial state election to be held in the year nineteen hundred 
and forty-eight 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-seven, entitled 
*An act to provide that the school committee of the city of 
Chelsea shall consist of five members, the mayor, ex officio, 
and four other members to be elected by and from the voters 
of said city', be accepted?" If a majority of the votes cast 
on said question is in the affirmative, then this act shall 
thereupon take full effect, but not otherwise. 

Approved February IS, 1947. 



Acts, 1947. — Chaps. 55, 56. 45 



An Act relative to the issue of new registered bonds Q^iav 55 

BY A COUNTY, CITY, TOWN OR DISTRICT OR ANY DOMESTIC 
CORPORATION. 

Be it enacted, etc., as follows: 

Chapter 107 of the General Laws is hereby amended by o. l. (Xer. 
striking out section 5, as appearing in the Tercentenary Edi- fj^endri' ^ ^' 
tion, and inserting in place thereof the following section : — 
Section 5. A person to whom a bond, note or certificate issue of new 
issued under section four is transferred by operation of law biSds'!'^^*^ 
or by an assignment acknowledged before an officer author- 
ized to take acknowledgments of deeds conveying real prop- 
erty in this commonwealth or by an assignment the signa- 
ture on which has been guaranteed as to its genuineness by 
a bank or trust company located and authorized to do busi- 
ness in this commonwealth or in New York city, shall be 
entitled in exchange therefor to a new bond, note or certifi- 
cate of the same effect, payable to him by name. 

Approved February 13, 1947. 



An Act relating to the making of certain direct- Chap. 56 

REDUCTION LOANS BY CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of section 36A of chapter o. l. (Xer. 
170 of the General Laws, as most recently amended by sec- f sbAfltc.. 
tion 2 of chapter 177 of the acts of 1945, is hereby further amended. ' 
amended by striking out in line 3 the word "improved", — 
so that the first sentence will read as follows : — Any such Direct; 
corporation may also make loans, to be known as direct- [ofns.*'*'° 
reduction loans, upon real estate situated in the common- 
wealth, the title to which is in the name of the borrower 
and which is unencumbered by any mortgage or lien other 
than municipal liens or such mortgages as may be held by 
the corporation making the loan. 

Section 2. The second paragraph of said section 36A, EdK"i?o?' 
as most recently amended by section 1 of chapter 154 of the § sbX. etc.. 
acts of 1946, is hereby further amended by striking out the Amended, 
first two sentences, and inserting in place thereof the two 
following sentences : — 

No such loan shall have a term of more than twenty years. Term and 
nor shall such loan exceed eighty per cent of the value of roanUmited, 
the mortgaged property, if improved real estate, nor more 
than fifty per cent of such value, if vacant land, as certified 
by the security committee of such corporation. No such 
loan upon any one parcel of real estate so mortgaged shall 
exceed twelve thousand dollars, if improved real estate, nor 
shall exceed eight thousand dollars, if vacant land. 

Section 3. Said section 36 A, as so amended, is hereby g. l. (Tw. 
further amended by adding at the end the following para- s^aeA^ltc.. 



46 



Acts, 1947. — Chaps. 57, 58. 



Direct- 
reduction 
loan can 
be made on 
real estate 
situated in a 
state 

contiguous to 
Massachusetts 



Subject to the provisions, restrictions and limitations con- 
tained in this section, any such corporation may also make 
direct-reduction loans on improved real estate situated in a 
state contiguous to the commonwealth and within a radius 
of twenty-five miles of the main office of such corporation. 
Approved February IS, 1947. 



Chap. 



G. L. (Ter. 
Ed.), 170, §55, 
etc., amended. 



Contributions 
to relief 
fund or 



57 An Act relative to membership in certain leagues 
and the making of certain donations to public 
charities by co-operative banks. 

Be it enacted, etc., as follows: 

Section 55 of chapter 170 of the General Laws, as most 
recently amended by section 2 of chapter 61 of the acts of 
1945, is hereby further amended by striking out the last 
two sentences, and inserting in place thereof the following: 
— Any such corporation may also by like vote contribute 
such sum or sums of money as said board may determine 
to be reasonable to any fund being raised by a relief com- 
mittee or agency approved by the commissioner of pubUc 
welfare as evidenced by a writing filed in his office, and 
formed for the purpose of raising money to be used for the 
betterment of social and economic conditions in the com- 
munity where such corporation is established. No such cor- 
poration shall expend in the aggregate for the purposes men- 
tioned in this section in any one fiscal year, as determined 
by the commissioner, more than three quarters of one per 
cent of its income for the next preceding fiscal year, as so 
determined; provided, that not more than one quarter of 
one per cent of such income shall be expended for the con- 
tributions referred to in the second sentence of this section. 
Approved February 13, 1947. 



Chap. 58 An Act authorizing county commissioners to lease 

ANY REAL ESTATE OF A COUNTY. 

Be it enacted, etc., as follows: 

Section 14 of chapter 34 of the General Laws, as appearing 
in the Tercentenary Edition, is hereby amended by insert- 
ing after the word "them" in line 14 the words: — , or to 
lease any real estate of the county, — so that the last sen- 
tence will read as follows : — They shall have authority to 
represent their county, and to have the care of its property 
and the management of its business and affairs in cases 
where not otherwise expressly provided; to sell and convey 
any real estate of the county by deed, sealed with the county 
seal, signed and acknowledged by them, or to lease any real 
estate of the county; to adopt a county seal, which shall 
be in the custody of their clerk and affixed to all processes 
requiring it. Approved February IS, 1947. 



G. L. (Ter. 
Ed.), 34, § 14, 
amended. 



General 
powers of 
the 
commissioners. 



Acts, 1947. — Chaps. 59, 60. 47 



An Act providing for additional accommodations in Qjiary 59 

THE superior COURT BUILDING AT 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 twenty-five thousand dollars for the purpose of 
providing adequate accommodations in the superior court 
building at Cambridge in said county, and for such purpose 
said county commissioners may make additions to said 
building and remodel or alter said building and do all things 
incidental thereto. 

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

Approved February IS, 1947. 

An Act relative to the abandonment or discontinu- (Jhn^ fin 

ANCE BY CITIES AND TOWNS OF CERTAIN PROJECTS FOR ^' 
WHICH LOANS HAVE BEEN ISSUED AND TO THE USE OF THE 
PROCEEDS THEREOF. 

Whereas, The deferred operation of this act would, in Emergency 
part, defeat its purpose, which is to immediately require P'"e=*"^t)ie- 
that certain action by municipalities with respect to the use 
of proceeds of loans conform with recognized principles of 
municipal finance, 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: 

Chapter 44 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 20, as most recently amended by section ^tl! 'amended. 
21 of chapter 358 of the acts of 1946, and inserting in place 
thereof the following section: — Section 20. The proceeds Proceeds of 
of any sale of bonds or notes, except premiums, shall be used to'be°lse°d"^^ 
only for the purposes specified in the authorization of the only for 
loan except as otherwise authorized by this section. If a ^peTiSeX etc. 
balance remains after the completion of the project for which 
the loan was authorized, such balance may at any time be 
appropriated for similar purposes, or after the expiration 
of two years from such completion the balance may be 
appropriated for any purposes for which a loan may be 
incurred for an equal or longer period of time. If a loan has 
been issued for a specified purpose but no liability has been 
incurred thereunder, a city by a two thirds vote of all of the 
members of the city council, or a town by a two thirds vote 
of the voters present and voting thereon at an annual town 
meeting, may vote to abandon or discontinue the project 
and the proceeds of the loan may thereupon be appropriated 
for any other purpose for which a loan may be authorized 
for an equal or longer period of time. Any premium received Premiums. 



48 Acts, 1947. — Chaps. 61, 62. 

upon such bonds or notes, less the cost of preparing, issuing 
and marketing them, shall be applied to the payment of the 
principal of the first bonds or notes to mature, and the con- 
tributions from other sources for the payment of said bonds 
or notes shall be reduced correspondingly. 

Approved February I4, 1947. 

ChaV. 61 -^^ ^^'^ AUTHORIZING THE TOWN OF BRIDGEWATER TO BOR- 
ROW MONEY FOR THE CONSTRUCTION AND FURNISHING OF 
A NEW HIGH SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing a high school 
building and originally equipping and furnishing said build- 
ing, the town of Bridgewater 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 three hundred and fifty thousand dollars, and may issue 
bonds or notes therefor, which shall bear on their face the 
words, Bridgewater High School Loan, Acts of 1947. 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 ex- 
cess of the statutory limit, but shall, except as provided 
herein, be subject to chapter forty-four of the General Laws, 
exclusive of the limitations contained in the first paragraph 
of section seven thereof. 

Section 2. This act shall take effect upon its passage. 
Approved February I4, 1947. 

Chap. 62 An Act relative to appropriations by the town of 

YARMOUTH FOR MUNICIPAL ADVERTISING PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Yarmouth may, by a majority 
vote, appropriate each year a sum not exceeding five hun- 
dred dollars for advertising the advantages of the town; pro- 
vided, that before any such appropriation is made a sum at 
least equal to the amount thereof shall previously have been 
contributed by public subscription or by donation or legacy, 
and paid into the town treasury to be expended for the afore- 
said purposes. The money so appropriated shall be ex- 
pended under the direction of the selectmen. 

Section 2. So much of the action of said town at its 
annual meeting in the current year, in pursuance of article 
forty-nine of the warrant therefor, as would have been valid 
had section one been in force when the warrant for said town 
meeting was posted, is hereby ratified and confirmed, and the 
entire sum appropriated thereunder may be expended for 
the purposes specified in section one, subject to the pro- 
visions thereof. 

Section 3. This act shall take effect upon its passage. 
Approved February I4, 1947. 



Acts, 1947. — Chaps. 63, 64, 65. 49 



An Act authorizing the county of Berkshire to re- Q}iav. 63 

IMBURSE THE CITY OP NORTH ADAMS FOR CERTAIN CON- 
STRUCTION. 

Be it enacted, etc., as follows: 

The county of Berkshire is hereby authorized to reim- 
burse the city of North Adams for one half of the cost, but 
not exceeding two thousand dollars, of constructing the new 
quarters for the engineering department of said city in the 
basement of the city hall, and the space now occupied by 
said department shall be used as part of the quarters under 
lease by the county from said city for occupancy by the 
district court of northern Berkshire. 

Approved February I4, 1947. 

An Act relative to the submission to the voters of QJkxj)^ 54 
certain cities and towns of the question of the 

acceptance of CERTAIN PROVISIONS OF LAW FURTHER 
REGULATING THE HOURS OF DUTY OF PERMANENT MEM- 
BERS OF FIRE DEPARTMENTS THEREIN. 

Be it enacted, etc., as follows: 

Notwithstanding any contrary provision of section fifty- 
eight B of chapter forty-eight of the General Laws, inserted 
by section one of chapter four hundred and thirteen of the 
acts of nineteen hundred and forty-five, upon petition of not 
less than ten per cent of the registered voters in a city or 
town, duly certified by the registrars of voters and filed 
with the city or town clerk not less than thirty days before 
the regular municipal election, if any, of such city in the 
current year, or before the annual town election of such 
town in the year nineteen hundred and forty-eight, the city 
or town clerk shall cause to be printed upon the official ballot 
to be used in such city or town at such election the follow- 
ing question: — "Shall section fifty-eight B of chapter forty- 
eight of the General Laws, providing for a forty-eight hour 
week for permanent members of fire departments, be ac- 
cepted?" If a majority of the votes cast on said question 
is in the affirmative, said section fifty-eight A of said chap- 
ter forty-eight shall take effect in such city or town ninety 
days thereafter. Approved February I4, 1947. 

An Act relative to the payment of compensation to Chap. 65 
AN acting superintendent of schools for the joint 
school superintendency union, no. 17. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of section ninety-one of 
chapter thirty-two of the General Laws, the towns of East 
Longmeadow, Hampden and Wilbraham, comprising Joint 
School Superintendency Union, No. 17, may pay to Fred- 
eric A. Wheeler of East Longmeadow for his services as act- 



capitol police. 



50 Acts, 1947. — Chaps. 66, 67. 

ing superintendent of schools for the said union between 
September fourth and November fifteenth, nineteen hun- 
dred and forty-six, in the proportions in which they con- 
tribute to the expenses of said union, the sum of eight hun- 
dred sixty-two dollars and seventy-five cents, the same being 
the compensation for such services less the amount of his 
pension payable by the teachers retirement sj^stem for the 
period of such service. Approved February I4, 1947. 

Chap. 66 ^^ ^^^ RELATIVE TO THE POWERS OF CAPITOL POLICE 

OFFICERS. 

Emergency Whereas, One of the principal purposes of this act is to 

preani e. provide, as soon as may be, additional authority to capitol 
police officers for the better performance of their duties and 
the deferred operation of this act would delay the achieve- 
ment 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. • 
G.L. (Ter Scction 12 of chapter 8 of the General Laws, as amended 

etc.. amended, by scction 5 of chapter 249 of the acts of 1938, is hereby 
further amended by inserting after the word "officers" in 
Pjjwersofthe fine 12 the following sentence: — A capitol pohce officer 
„„„.. . may, upon view of any misdemeanor committed in his pres- 

ence, while on duty, arrest the person committing such mis- 
demeanor, and shall have all the powers of police officers in 
the enforcement of traffic rules, regulations and ordinances 
on streets adjacent to any building owned, or occupied 
wholly or in part, by the commonwealth; and a capitol police 
officer shall have all the powers of state police officers while 
going to or from any such building on any assigned duty. 
Approved February 17, 1947. 

Chap. 67 An Act establishing a traffic commission in the city 

OF MALDEN. 

Be it enacted, etc., as follows: 

Section 1. There is hereby established in the city of 
Maiden, hereinafter referred to as the city, a commission 
to consist of the chairman of the street and water commis- 
sion, the city engineer, the chairman of the planning board, 
the fire commissioner, or his representative, and the captain 
of police, or his representative. 

Section 2. The captain of pohce, or his representative, 
shall act as the chairman of said commission and shall be 
known as the traffic commissioner. The members of the 
commission shall receive no compensation for their services 
as commissioners, but all expenses incurred for the purposes 
of this act shall be paid by the city. All statutes and ordi- 
nances applicable generally to the departments of the city 
shall apply to the commission. 



Acts, 1947. — Chap. 67. 51 

Section 3. The commission shall have exclusive author- 
ity, except as otherwise herein provided, to adopt, amend, 
alter and repeal rules and regulations, not inconsistent with 
general law as modified by this act, relative to vehicular 
street traffic in the city, and to the movement, stopping or 
standing of vehicles on, and their exclusion from, all or any 
streets, ways, highways, roads and parkways, under the 
control of the city, including rules and regulations designat- 
ing any way or part thereof under said control as a through 
way under and subject to the provisions of section nine of 
chapter eighty-nine of the General Laws, and may prescribe 
penalties not exceeding fifty dollars for the violation of any 
rule or regulation adopted hereunder. No such rule or regu- 
lation, except such special rules and regulations as are de- 
clared by vote of the commission to be urgently required by 
considerations of public safety or convenience or such as are 
of a temporary nature and are to be effective for a period of 
not more than two weeks, shall take effect until published 
for two successive weeks in one or more newspapers pub- 
lished in the city. Upon petition of twenty-five registered 
voters of the city relative to any rule or regulation adopted 
or proposed to be adopted under this section, the commis- 
sion shall hold a public hearing thereon within ten days after 
the filing with the commission of such petition, and final 
action thereon shall be determined only by vote of a majority 
of the entire membership of the commission. The commis- 
sion shall have power to erect, make and maintain, or cause 
to be erected, made and maintained, traffic signs, signals, 
markings and other devices for the control of such traffic 
in the city and for informing and warning the public as to 
rules and regulations adopted hereunder, subject, however, 
to section two of chapter eighty-five, and to sections eight 
and nine of said chapter eighty-nine, of the General Laws. 
Nothing in this act shall be construed to authorize the 
commission to adopt any rule or regulation excluding the 
trackless trolley vehicles or buses of a street railway or bus 
company from any way or part thereof in which it has a 
location, or to modify or limit any power or authority of the 
metropolitan district commission, of the state department of 
public works or of the state department of pubhc utilities, or 
any power now vested in the mayor, board of aldermen or 
heads of departments with reference to the issuance of li- 
censes or permits for the opening, using or occupying of 
streets and sidewalks. 

Section 4. All existing ordinances and regulations, re- 
lating to the control of vehicular traffic shall remain in full 
force and effect until superseded by rules and regulations 
adopted by the commission under this act, and the adoption 
thereof by the commission shall not affect any act done, any 
right accrued, any penalty incurred, or any suit, prosecution 
or proceeding pending, at the time of said adoption. 

Section 5. Chapter 308 of the Special Acts of 1917 is 
hereby repealed. 



52 



Acts, 1947. — Chaps. 68, 69, 70. 



Chap. 



Section 6. 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 February 17, 1947. 

68 An Act authorizing the towns of hingham and cohas- 
set to jointly establish and maintain a playground 
and recreation field in said town of hingham, and 
to appropriate money therefor. 

Be it enacted, etc., as follows: 

Section 1. The towns of Hingham and Cohasset may 
jointly establish and maintain a playground and recreation 
field in said town of Hingham and each of said towns may 
appropriate money therefor. Such playground and recrea- 
tion field shall be under the control of the playground com- 
mittee of the town of Hingham and the board of selectmen 
of the town of Cohasset, acting jointly. Except as otherwise 
provided herein, the estabhshment and maintenance of such 
playground and recreation field shall be subject to section 
fourteen of chapter forty-five of the General Laws. 

Section 2. This act shall take full effect upon its accept- 
ance by each of said towns at an annual town meeting, but 
not otherwise. Approved February 17, 1947. 



G. L. (Ter. 
Ed.). 38, § 1. 
etc., amended. 



Chap. 69 An Act re-establishing the second medical examiner 

DISTRICT OF the COUNTY OF NORFOLK AND PLACING THE 
TOWN OF COHASSET IN SAID DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The paragraph of section 1 of chapter 38 of 
the General Laws which was amended by chapter 260 of 
the acts of 1939 is hereby further amended by inserting after 
the word "Dover" in line 2 the words: — ; district two, 
Cohasset, — and by striking out, in line 4, the word 
" , Cohasset", — so as to read as follows: — 

Norfolk county, district one, comprising Dedham, Need- 
ham, Wellesle}^, Westwood, Norwood and Dover; district 
two, Cohasset; district three, Quincy, Milton and Ran- 
dolph; district four, Weymouth, Braintree and Holbrook; 
district five, Avon, Stoughton, Canton, Walpole and Sharon; 
district six, Franklin, Foxborough, Plainville and Wren- 
tham; district seven, Medway, Medfield, Millis, Norfolk 
and Bellingham; and district eight, Brookline. 

Section 2. This act shall take effect upon its passage. 
Approved February 18, 1947. 



Chap, 70 An Act relative to the method of choosing members of 
airport commissions in cities and towns. 

?rTambre7 Whcreos, The deferred operation of this act would tend 

to defeat its purpose, which is to clear up immediately an 
ambiguity in the law relative to the legal standing of air- 



Acts, 1947. — Chap. 71. 53 

port commissioners of certain cities and towns elected and 
not appointed to office, 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 folloios: 

Section 51E of chapter 90 of the General Laws, as appear- g. l. (Ter. 
ing in section 1 of chapter 613 of the acts of 1946, is hereby Il^'amended.' 
amended by striking out the second and third sentences and 
inserting in place thereof the two following sentences : — 
Except as provided otherwise in any special law, enacted of^^g^b^T* 
prior to January first, nineteen hundred and forty-seven, re- of Sr^rr^ 
lating to an airport commission in any city or town, the fnTitiMTiTd 
members of the airport commission shall be appointed, in towns. 
cities, by the mayor with the approval of the city council, and 
in towns by the selectmen. In the initial appointment of the 
members of such an airport commission, their terms shall 
be so arranged that one third of the members, as nearly as 
possible, will expire each year; and thereafter when the 
term of any member expires his successor shall be appointed 
to serve for the terra of three years and, in each instance, 
until the qualification of his successor. 

Approved February 18, 1947. 



An Act relative to certifications made on or before (JJiaj) 71 

MARCH thirty-first IN THE CURRENT YEAR TO FILL ORIG- 
INAL APPOINTMENTS UNDER THE CLASSIFIED CIVIL SERVICE. 

Whereas, This act relates to certain certifications under Emergency 
the civil service laws made on or before March thirty-first P'"''ambie. 
in the current year and its deferred operation would defeat 
its purpose, therefore it is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as folloios: 

Certifications made on or before March thirty-first, nine- 
teen hundred and forty-seven to fill original appointments 
to positions classified under civil service shall be made from 
lists as provided in section four of chapter seven hundred 
and eight of the acts of nineteen hundred and forty-one, as 
amended, and in accordance with the civil service laws and 
rules and regulations governing certification and preference 
to veterans and disabled veterans, notwithstanding any pro- 
vision of said section four, as amended, or section four A of 
said chapter seven hundred and eight, to the contrary. 

Approved February 18, 1947. 



54 Acts, 1947. — Chaps. 72, 73. 



Chap. 72 An Act providing for the removal from civil service 

OF THE OFFICE OF CHIEF OF POLICE OF THE TOWN OF WAY- 
LAND. 

Be it enacted, etc., as follows: 

Section 1. The office of the chief of police of the town 
of Wayland shall no longer be subject to the civil service 
laws and rules and regulations. 

Section 2. This act shall be submitted to the voters of 
the town of Wayland 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-seven, entitled 'An Act providing for the removal 
from civil service of the office of chief of police of the town 
of Wayland', 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 18, 19J^7. 

Chap. 73 An Act relative to soil conservation and the estab- 
lishment OF soil conservation districts. 

prTambre*?^ Whcreos, The deferred operation of this act would prevent 

the provisions thereof from applying to certain elections to 
be held in soil conservation districts in the current year, 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 : 

Ed.V.'iJsB. Section 1. Section 2 of chapter 128B of the General 

^I'Ja'La ' Laws, inserted by chapter 531 of the acts of 1945, is hereby 
amended by striking out paragraph (2) and inserting in 



amended 



place thereof the following paragraph : — 



ocmpler" (2) "Land Occupier" or "Occupier of Land" shall include 

defined. any person in possession, as owner, lessee, renter, tenant or 

otherwise, of three or more acres of any lands lying within a 
district organized under this chapter. 
EdViJsB' .- Section 2. Said chapter 128B is hereby further amended 
etc., 'amended!'' by Striking out section 5, as so inserted, and inserting in 
Appointment place thcrcof the following section : — Section 5. Within 
district"'"'*'"" sixty days after an area has been declared a conservation 
supervisors. dlstrlct, the committec shall appoint a board of three super- 
visors who shall be land occupiers residing or owning agricul- 
tural land in said district, from lists of eligible names sub- 
mitted by the petitioners, trustees for county aid to 
agriculture or trustees of county agricultural schools. Super- 
visors originally appointed hereunder shall serve for terms 
of one, two and three years, respectively. Successors to fill 
unexpired terms, or for full terms of three years each, shall 
be elected by the land occupiers in the district. The com- 
mittee shall give public notice of each such election by pub- 



Acts, 1947. — Chaps. 74, 75. 55 

lication in a newspaper published in said district or having a 
general circulation therein at least ten days prior thereto. 
The committee shall prescribe regulations for and conduct 
such elections. The person receiving the highest number of 
votes for any office to be filled at such election shall be de- 
clared elected. All supervisors shall serve until the quali- 
fication of their respective successors, or until said district 
is dissolved under section eleven. Supervisors shall be paid 
at a rate determined by the committee for each day of actual 
service rendered, with their necessary traveling and other 
expenses, from any moneys received under paragraph seven 
of section seven. Approved February 21, 19^7. 



An Act establishing the last day for filing with the Qjiqt) 74 
town clerk certificates of nomination or nomina- 

TION papers for the NOMINATION OF TOWN OFFICERS. 

Be it enacted, etc., as follows: 

Section 10 of chapter 53 of the General Laws, as amended, Ed^'sPi'io 
is hereby further amended by striking out the third para- etc!, amended', 
graph, as appearing in section 5 of chapter 334 of the acts 
of 1943, and inserting in place thereof the following 
paragraph : — 

Any provision of general or special law to the contrary Time for eiing 
notwithstanding, the last day for filing with the town clerk ofnomtnrtion 
certificates of nomination or nomination papers for the "1^°°^"""**'°° 
nomination of town officers shall be the twenty-eighth day 
preceding the date of the election. In any town the time for 
presenting nomination papers for certification to the registrars 
of voters, and for certifying the same, shall be governed by 
section seven of this chapter, notwithstanding any contrary 
provision in any special law. 

Approved February 21, 1947. 



papers. 



An Act authorizing the filing of petitions by district Qhn^ 75 
attorneys to restrain violations of the law relat- ^' 

ING TO the unauthorized PRACTICE OF LAW. 

Be it enacted, etc., as follows: 

Section 46B of chapter 221 of the General Laws, inserted JodV^Jr* 
by section 2 of chapter 346 of the acts of 1935, is hereby § 4gb, etc.. 
amended by inserting after the word "general" in line 5 the ^•"^^"'led. 
words: — , or of the district attorney within his district, — 
so as to read as follows: — Section 46B. The supreme judicial p°y^*? ^^■^ 
court and the superior court shall have concurrent jurisdic- violations. 
tion in equity, upon petition of any bar association within 
the commonwealth, or of three or more members of the bar 
of the commonwealth, or of the attorney general, or of the 
district attorney within his district, to restrain violations of 
section forty-six or forty-six A. 

Approved February 21, 1947. 



56 Acts, 1947. — Chaps. 76, 77, 78. 



Chap. 76 An Act relative to the examination of police stations 

AND other places OF DETENTION. 



Be it enacted, etc., as follows: 

EdVin^'^l'o Chapter 111 of the General Laws is hereby amended by 
ameAded.' " ' Striking out section 20, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following sec- 
of''pdice''^'°" Hon: — Section 20. A district health officer, or such mem- 
stations, etc. ber of his staff as in the opinion of the district health officer 
is qualified, shall make such examination of police station 
houses, lockups, houses of detention, jails, houses of correc- 
tion, prisons and reformatories as in the opinion of the depart- 
ment may be necessary to ascertain their sanitary condition. 
Approved February 21, 1947. 



Chap. 77 An Act validating the action of the Hampshire county 

AUTHORITIES IN PURCHASING CERTAIN FUEL AND PAYING 
FOR THE SAME IN THE ABSENCE OF A CONTRACT. 

Be it enacted, etc., as follows: 

The action of the county commissioners of Hampshire 
county in purchasing certain fuel between December first, 
nineteen hundred and forty-five and October first, nineteen 
hundred and forty-six, in the absence of a contract required 
by section seventeen of chapter thirty-four of the General 
Laws, and the action of the county treasurer of said county 
in making payments for said fuel, is hereby validated. 

Approved February 21, 1947. 



Chap. 78 An Act relative to a further stay of judgment and 

EXECUTION IN ACTIONS OF SUMMARY PROCESS. 

Emergency Whercos, The deferred operation of this act would tend in 

preamble. ^^^^ ^^ defeat its purposc, which is to provide the courts with 
further discretionary authority to prevent serious hardships 
in eviction cases arising out of the present severe housing 
shortage, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the welfare 
of the public. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 43 of the acts of 1946 is 
hereby amended by striking out, in line 4, the word "three" 
and inserting in place thereof the word: — four, — so as to 
read as follows : — Section 1 . 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 hun- 
dred and thirty-nine of the General Laws, for a period not 
exceeding four months instead of one month as now provided 
by section nine of said chapter. 



Acts, 1947. — Chaps. 79, 80, 81. 57 

Section 2. Said chapter 43 is hereby further amended by 
striking out section 2 and inserting in place thereof the fol- 
lowing section : — Section 2. This act shall become inop- 
erative on March thirty-first, nineteen hundred and forty- 
eight. Approved February 21, 1947. 

An Act authorizestg the town of hingham to use certain Qjiav. 79 

PARK LAND FOR PLAYGROUND PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Hingham is hereby authorized 
to use for the purposes of a public playground, under the 
provisions of section fourteen of chapter forty-five of the 
General Laws, the seven acres, more or less, of park land lo- 
cated at the northwesterly corner of Canterbury and Hull 
streets therein. Said town may authorize the use of said 
land for the purposes aforesaid by the inhabitants of the 
town of Cohasset as well as those of the town of Hingham. 

Section 2. This act shall take full effect upon its accept- 
ance by the town of Hingham at its next annual town meet- 
ing, but not otherwise. Approved February 21, 1947. 

An Act extending the effective period of an act Qfidj), 80 
temporarily confirming the power and authority 
of domestic insurance companies, their officers, 
directors, employees and agents, to pay certain 
taxes and fees, and relating to liability therefor. 

Be it enacted, etc., as follows: 

Chapter 57 of the acts of 1945 is hereby amended by 
striking out section 2 and inserting in place thereof the fol- 
lowing section : — Section 2. This act shall become inop- 
erative on July first, nineteen hundred and forty-nine. 

Approved February 21, 1947. 

An Act authorizing the city of chicopee to use szot Qjiav. 81 

PARK field, so called, FOR PLAYGROUND AND ATHLETIC 
FIELD PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Chicopee is hereby authorized to 
use as a public playground, under section fourteen of chap- 
ter forty-five of the General Laws, Szot park field, so called, 
an enclosed playground located in Szot park in said city. 
The parks and playgrounds commission of said city, subject 
to such terms and conditions as they may prescribe, may 
allow such field to be used for athletic games and other en- 
tertainments of a public nature, to which an admission fee 
may be charged. 

Section 2. This act shall take full effect upon its accept- 
ance during the current year by the city council of the city 
of Chicopee, subject to the provisions of its charter, but not 
otherwise. Approved February 21, 1947. 



58 



Acts, 1947. — Chaps. 82, 83, 84. 



Chap. 82 An Act increasing the amount of money allowed for 

TRAVELING EXPENSES TO PROBATION OFFICERS OF DISTRICT 
COURTS AND OF THE BOSTON JUVENILE COURT. 

Be it enacted, etc., as follows: 

Section 94 of chapter 276 of the General Laws, as most 
recently amended by section 2 of chapter 296 of the acts of 
1939, is hereby further amended by striking out, in line 29, 
the word "three" and inserting in place thereof the word: — 
four, — so that the last sentence will read as follows : — Sub- 
ject to section eighty-one of chapter two hundred and eight- 
een, probation officers of district courts and of the Boston 
juvenile court shall be reimbursed by the county for their 
actual disbursements for necessary expenses incurred while 
in the performance of their duties, including their reasonable 
traveling expenses in attending conferences authorized by 
section ninety-nine, not exceeding four hundred dollars to 
each in any one year, upon vouchers approved by the court 
by which they are appointed. 

Approved February 21, 1947. 



G. L. (Ter. 
Ed.). 276, § 94, 
etc., amended. 



Expenses of 

probation 

officers. 



Chap. 83 An Act making certain corrective changes in the law 

RELATING TO THE ASSESSMENT OF LOCAL TAXES AND IN THE 
INCOME TAX LAW. 

Be it enacted, etc., as follows: 

Section 1. Clause Eighth of section 5 of chapter 59 of 
the General Laws, as appearing in the Tercentenary Edition, 
is hereby amended by striking out, in line 2, the word 
"thirty-seven" and inserting in place thereof the word: — 
nineteen, — so as to read as follows: — 

Eighth, Personal property of any retirement association 
exempted by section nineteen of chapter thirty-two. 

Section 2. Paragraph (g) of section 8 of chapter 62 of 
the General Laws, as so appearing, is hereby amended by 
striking out, in line 2, the word "thirty-seven" and inserting 
in place thereof the word : — nineteen, — so as to read as 
follows : — 

(g) Income from an annuity, pension or endowment ex- 
empted by section nineteen or forty-one of chapter thirty- 
two, and all sums exempted by either of said sections by 
virtue of their being deducted from wages as contributions 
to an annuity, pension or endowment fund. 

Approved February 21, 191^7 . 



G. L. (Ter. 
Ed.), 59, § 5, 
amended. 



Personal 
property of 
certain 
retirement 
associations. 

G. L. (Ter. 
Ed.), 62, § 8 
amended. 



Certain 
pensions and 
contributions 
to pension 
fund. 



Chap. 84 An Act amending the law requiring that assessors 

REPORT OMITTED ASSESSMENTS TO THE COMMISSIONER OF 
CORPORATIONS AND TAXATION. 

Be it enacted, etc., as follows: 

Chapter 59 of the General Laws is hereby amended by 
striking out section 48, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following sec- 



G. L. (Ter. 
Ed.), .59, § 48, 
amended. 



Acts, 1947. — Chaps. 85, 86, 87. 59 

tion: — Section 48. Annually on or before January fif- Assessments, 
teenth, assessors shall report to the commissioner in the form 
prescribed for tables of aggregates by sections forty-six and 
forty-seven the facts as to any and all assessments made 
under section seventy-five. Approved February 21, 1947. 

An Act relative to the making of collateral loans by (JJidj) 35 

CREDIT UNIONS IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Subsection (A) of section 24 of chapter 171 of the Gen- g. l. (Ter. 
eral Laws, as most recently amended by chapter 47 of the ftl! amended^.' 
acts of 1946, is hereby further amended by striking out 
paragraph 4, as appearing in chapter 102 of the acts of 1941, 
and inserting in place thereof the following paragraph: — 

4. To an amount not exceeding fifteen hundred dollars, Loans 
if evidenced by the note of the borrower fully secured by a ''^s^'''^^'*- 
pledge of satisfactory collateral valued at not more than 
eighty per cent of its market value. 

Approved February 24, 1947. 

An Act relating to the changing of amount of fixed nhnrf Qg 

MONTHLY PAYMENTS ON DIRECT-REDUCTION LOANS IN ^' 

CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Section 36D of chapter 170 of the General Laws, as most ^^j^ {Jo'"- 
recently amended by section 2 of chapter 154 of the acts of § zhb, etc., 
1946, is hereby further amended by adding at the end the '^^''"ded. 
following paragraph : — 

The provisions of this section shall not apply to loans on i-oans on 
vacant land authorized by section thirty-six A. In making exemp\ from 
the changes in loan referred to in the first two paragraphs of thiTsea^on"^ 
this section any interest, tax payments and other charges in 
arrears may be added to the principal balance; provided, 
that the loan as so increased shall not exceed the original 
principal amount thereof. Approved February 24, 1947. 

An Act relative to capital of and deposits in credit Chav 87 

UNIONS. 

Be it enacted, etc., as follows: 

Chapter 171 of the General Laws is hereby amended by g. l. (xer. 
striking out section 10, as amended by chapter 81 of the Sl!'aml'nded.' 
acts of 1945, and inserting in place thereof the following sec- 
tion: — Section 10. The capital of a credit union shall be Capital of 
unlimited in amount and shall consist of shares and deposits. cr"edit^unfonV" 
Shares shall be of a par value of five dollars each and shall be regulated, 
subscribed and paid for in such manner as the by-laws of the 
credit union shall prescribe. A credit union may also con- 
tract, on terms to be agreed upon, with a person eligible for 
membership in the credit union or a member of the family of 
such a person, for the deposit at intervals within a period of 



60 Acts, 1947. — Chap. 88. 

twelve months, of sums of money, to be known as club 
deposits, in the aggregate not in excess of five hundred dol- 
lars, and for the payment of interest on the same at a rate 
not more than one per cent less than its last regular dividend 
on shares. Every member of a credit union shall hold one 
share, and may hold shares, or make deposits, therein, or 
both, to an amount not exceeding four thousand dollars in 
the aggregate, exclusive of any club deposit. The establish- 
ment of deposit accounts or the discontinuance thereof may 
be authorized by the board of directors of the credit union. 
A credit union may require from a member ninety days' 
notice of his intention to withdraw any or all of his shares 
and sixty days' notice of his intention to withdraw any or all 
of his deposits. Subject to the foregoing limitations in re- 
spect to shares and deposits which one person may own and 
requirements relative to notice, shares may be subscribed 
for and deposits may be accepted in the name of one person 
in trust for another, provided the name and residence of the 
beneficiary is disclosed, and such shares and deposits shall 
be carried in the name of the shareholder or depositor as 
trustee. Payments on account of said shares and deposits 
may be made to the trustee. In case of the death of the 
trustee, if no notice of the existence and the terms of a trust 
other than as above has been given in writing to the corpora- 
tion, the then balance of said shares and deposits, with the 
dividends thereon, may be paid to the beneficiary or his legal 
representative, and all payments so made shall be valid 
payments. Section fourteen of chapter one hundred and 
sixty-seven shall apply to credit unions. 

Approved February 24, 1947. 

Chap. 88 An Act relative to certain savings share accounts in 

CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Edo.' m"§ 12, Section 1. Section 12 of chapter 170 of the General 
etc., amended.' Laws, as amended, is hereby further amended by striking 
out the five sentences inserted by section 1 of chapter 177 
of the acts of 1945. 
EdV iJo^ew Section 2. Said chapter 170 is hereby further amended 
§ 12A, add"eT by inserting after section 12, as amended, the following 
Issuance of sectiou : — SectioTilSA. With the approval of the board of 
and'main^^'^^* dircctors, saviugs shares may be issued and savings share 
tenance of accouuts maintained in connection therewith, subject to the 
Iccoun^s ^^^ following provisions and limitations : — 
regulated. (^j) ^jjy g^.]^ corporation intending to issue savings shares 

shall give at least thirty days' notice in writing of such in- 
tention to the commissioner. 

(6) A passbook in such form as shall be approved by the 
commissioner shall be issued to the holder of a savings share 
account and the corporation may accept payments, to be 
held by the corporation in such accounts, subject, however, 
to withdrawals therefrom by the holder from time to time. 



Acts, 1947. — Chap. 88. 61 

Each two hundred dollars of the balance from time to time in 
any such account shall represent one savings share. 

(c) There shall be credited to each savings share account 
of ten dollars or more at every regular distribution date, in- 
terest on such rate basis as the directors may determine, not 
exceeding the dividend rate payable upon paid-up shares, 
computed without regard to fractions of a dollar; provided, 
that interest shall not be credited upon amounts withdrawn 
between distribution dates, and shall be credited upon 
amounts deposited from and after the bank day next fol- 
lowing. 

(d) The total liability of any such corporation to any one 
person holding a savings share account shall not exceed two 
thousand dollars except for amounts of interest added from 
time to time to such account; and the total liability on a 
savings share account to the holders of a joint account pro- 
vided for in section fifteen shall not exceed four thousand 
dollars except for amounts of interest added from time to 
time to such account. 

(e) The reserve required by section forty-seven shall be 
increased, but without segregation, by the addition thereto 
of an amount not less than ten per cent of the aggregate 
amount of savings share accounts in such corporation ex- 
clusive of all such accounts in any manner pledged as security 
for loans. 

(/) The holders of such savings share accounts shall be 
deemed members of the corporation, with the voting rights 
of unmatured shareholders subject to all existing qualifica- 
tions and limitations in the exercise of such voting rights of 
unmatured shareholders. 

(g) In the event of dissolution or winding up of such cor- 
poration, by process of law or otherwise, any holder of such 
an account shall not thereby be entitled to any preference 
over any shareholder, but such account shall be held and 
treated in the same general class of liability as unmatured 
shares. 

(h) For all the purposes of section forty-seven, and of chap- 
ter forty-five of the acts of nineteen hundred and thirty-two, 
as amended, and of chapter seventy-three of the acts of nine- 
teen hundred and thirty-four, as amended, the liability of 
any such corporation upon such savings share accounts shall 
be deemed to be and treated as share liability, and, except 
as otherwise provided in this section, all benefits and priv- 
ileges as well as all burdens, restrictions and qualifications 
contained in this chapter applicable to shares and share- 
holders shall equally and in like manner be deemed and 
treated as applicable to such savings shares, savings share ac- 
counts and the holders thereof respectively, and for the pur- 
poses of sections seventeen, nineteen and twenty-one, each 
two hundred dollars of the balance from time to time in any 
such account shall equally and in like manner be treated as 
a matured or paid-up share and any odd balance thereof 
shall so be treated as an unmatured share. 



62 



Acts, 1947. — Chap. 89. 



G. L. (Ter. 
Ed.), 170, § 13, 
etc., amended. 

Savings share 

accounts 

excepted. 

G. L. (Ter. 
Ed.), 170, § 16, 
etc., amended. 



Limitation on 
number of 
unmatured, 
matured, 
paid-up and 
savings shares 
to be held 
in individual 
or joint 
account in any 
one bank. 



Section 3. Section 13 of said chapter 170, as appearing 
in chapter 144 of the acts of 1933, is hereby amended by 
adding at the end the following sentence : — This section 
shall not apply to savings share accounts referred to in sec- 
tion twelve A. 

Section 4. Section 16 of said chapter 170, as most re- 
cently amended by chapter 35 of the acts of 1947, is hereby 
further amended by striking out the first paragraph and in- 
serting in place thereof the following paragraph : — Except 
as otherwise provided in this section and except for amounts 
of interest added from time to time to savings share accounts 
referred to in section twelve A, no person shall hold more 
than forty unmatured, ten matured, ten paid-up and ten 
savings shares in any one bank at the same time, and the 
number of shares which may be held at the same time in any 
joint account provided for in section fifteen shall not exceed 
eighty unmatured, twenty matured, twenty paid-up and 
twenty savings shares. Either party to such a joint account 
may also hold shares in his individual name, but the total 
amount of such shares held by him, both jointly and indi- 
vidually, in such corporation at the same time shall not, ex- 
cept for amounts of interest added from time to time to 
savings share accounts, exceed eighty unmatured shares, 
twenty matured shares, twenty paid-up shares and twenty 
savings shares. Shares issued to and held by more than one 
fiduciary in the same estate shall not be considered as a 
joint account under this chapter. Any person, however, who 
has received shares in a co-operative bank by inheritance or 
devise under a will, or by execution of a power of attorney 
contained in any mortgage by the foreclosure thereof, may 
continue to hold such shares notwithstanding that the total 
number of his shares thereby becomes greater than the limits 
provided in this section. Approved February 24, 1947. 



Chap. 89 An Act relative to the making by certain banking 

INSTITUTIONS OF LOANS INSURED BY THE FEDERAL 
HOUSING ADMINISTRATOR. 

Be it enacted, etc., as follows: 

Section 51 of chapter 167 of the General Laws, inserted 
by section 1 of chapter 66 of the acts of 1945, is hereby 
amended by striking out the last sentence and inserting in 
place thereof the following: — Notwithstanding the fore- 
going, a trust company may make mortgage loans hereunder 
within the geographical limits contained in section thirty- 
four of chapter one hundred and seventy-two, a savings 
bank may make mortgage loans hereunder within the geo- 
graphical limits contained in clause First of section fifty-four 
of chapter one hundred and sixty-eight, and a co-operative 
bank may make mortgage loans hereunder within the geo- 
graphical limits contained in section thirty-six A of chapter 
one hundred and seventy. Approved February 24, 1947. 



G. L. (Ter. 
Ed.), 167, §51, 
etc., amended. 



Geographical 
limits in which 
a trust com- 



operative 
banks may 
make a 
mortgage. 



Acts, 1947. — Chaps. 90, 91, 92. 63 



An Act authorizing the town of dedham to convey QJ^r)^ 90 

CERTAIN PARK LAND LOCATED THEREIN. 

Be it enacted, etc., as follows: 

Section 1. The iovm of Dedham is hereby authorized to 
convey to Frank B. Hodges, Jr., and Leah S. Hodges, as 
Trustees of Mill No. 2 under Articles of Trust recorded in 
the Norfolk Registry of Deeds, Book 1946, Page 314, and an 
amendment thereof recorded in said registry, Book 2481, 
Page 468, certain park land located in said town, containing 
6,800 square feet and bounded as follows: — Westerly by 
Bussey street, 114.23 feet; Northerly, 31.46 feet and North- 
easterly, 133.26 feet by other land of the town of Dedham; 
and Southwesterly, 60.07 feet and Southeasterly, 75.73 feet 
by Lot E, as shown on a plan by E. Worthington, Engineer, 
dated April 7, 1933, and recorded in said registry. 

Section 2. This act shall take effect upon its passage. 
Approved February 25, 1947. 

An Act authorizing the town of dedham to sell or QJi^j) 91 

LEASE certain PARK LAND. ^' 

Be it enacted, etc., as follows: 

Section 1. The town of Dedham, by its board of select- 
men, and upon such terms and conditions as said board may 
specify and approve, is hereby authorized to sell, convey or 
lease to Old Mill Associates, Inc., for the erection thereon of 
a recreational club house, the following described parcel of 
park land, situate in said Dedham: Beginning at the south- 
westerly end of a curve at the southeasterly corner of Bussey 
street and Colburn street, thence running southerly by Bus- 
sey street one hundred feet; thence running easterly by a 
line at right angles to Bussey street two hundred twenty- 
five feet; thence running northerly parallel to Bussey street 
about one hundred and twenty-five feet to the high water 
mark of the mill pond, so called; thence running westerly 
by said high water mark to the point of beginning. 

Section 2. This act shall take full effect upon its accept- 
ance by the town at its next annual town meeting, but not 
otherwise. Approved February 25, 1947. 

An Act relative to purchase of bonds of the boston QJki^ 92 
elevated railway company by the boston metro- ^' 

POLITAN district AND THE ISSUE OF NOTES AND BONDS OF 
SAID COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The trustees of the Boston metropolitan dis- 
trict, hereinafter called the district, in the name and on 
behalf of the district, are hereby authorized and directed to 
purchase bonds of the Boston Elevated Railway Company, 
hereinafter called the company, issued for the purpose of 



64 Acts, 1947. — Chap. 92. 

paying such notes of the company hereafter issued under the 
authority conferred by this act for the purpose of making 
all payments, including dividend payments, heretofore or 
hereafter becoming due, as shall be outstanding on the 
thirtieth day of November, nineteen hundred and forty- 
eight. The trustees of the company, without further au- 
thorization than herein contained, are hereby authorized to 
issue such notes from time to time in such amounts as they 
may deem necessaiy, but not exceeding, in the aggregate, 
three million dollars; provided, that the company shall 
separately account for the use that it makes of the proceeds 
of the notes issued hereunder and shall not, after the thirtieth 
day of June, nineteen hundred and forty-seven, use the pro- 
ceeds of any notes other than refunding notes issued as pro- 
vided below for any purpose other than the payment of its 
obligations to the district. All such notes shall bear interest 
at such rates and be payable at such times not later than the 
first day of December, nineteen hundred and forty-eight, as 
the trustees of the company may determine, but if payable 
earlier than said date they may be refunded by the issue as 
above provided of other such notes payable not later than 
said date. All such notes shall be sold at public or private 
sale, as the trustees of the company may determine, at not 
less than their face value. The trustees of the company, 
without further authorization than herein contained, are 
hereby authorized and directed to issue such bonds in such 
amount as may be necessary to pay the principal and in- 
terest of such notes outstanding as aforesaid. Such bonds 
and notes shall not be subject to the limitations contained in 
section twenty-nine of chapter one hundred and sixty-one of 
the General Laws or in any other general or special law. 

Any funds received by the company on or prior to the 
thirtieth day of November, nineteen hundred and forty- 
eight, in full or partial payment of the deficiencies in the cost 
of the service for the year ended on the thirtieth day of 
March, nineteen hundred and forty-one and for the nine 
months ended on the thirty-first of December, nine- 
teen hundred and forty-one, of which the trustees of the 
company have heretofore notified the state treasurer under 
section eleven of chapter one hundred and fifty-nine of the 
Special Acts of nineteen hundred and eighteen, shall be held 
for and applied to the payment of the principal and interest 
on the notes of the company issued as above provided until 
and unless the full principal and interest on said notes shall 
be paid, and for the purposes of the above provisions of this 
act the amount of such notes outstanding on the thirtieth 
day of November, nineteen hundred and forty-eight, shall 
be considered reduced by the amount of such funds, if any, 
not so applied held by the company on that date. In case 
the company shall prior to the thirty-first day of December, 
nineteen hundred and forty-seven receive any amounts on 
account of said deficiencies, or on account of the deficiency 
for the year nineteen hundred and forty-six of which notice 



Acts, 1947. — Chap. 92. 65 

has been given to the state treasurer under said section 
eleven, over and above the amounts required to be held and 
applied as aforesaid, the company shall hold and use such 
additional amounts only for the payment of obligations owed 
by it to the district. Any funds received by the company 
after the thirtieth day of November, nineteen hundred and 
forty-eight, on account of such deficiencies shall, to the 
extent of the principal amount of the bonds of the company 
issued to the district under this act, be held for and applied 
to the payment of such installments of principal or interest 
then or thereafter due or to become due upon any obligations 
of the company held by the district as the trustees of the 
district shall elect and specify by notice to the company. 
The trustees of the district shall procure the funds necessary 
for the purchase by the district authorized by this section 
by the issue of bonds of the district under and in the manner 
provided in section ten of chapter three hundred and eighty- 
three of the acts of nineteen hundred and twenty-nine and 
section two of chapter one hundred and forty-seven of the 
acts of nineteen hundred and thirty-two and the provisions 
of said sections shall apply thereto in the same manner 
and to the same extent as if such bonds of the district were 
specifically authorized by said chapter three hundred and 
eighty-three; provided, that no approval of the department 
of pubhc utilities shall be required; and provided, further, 
that any bonds of the district issued under authority of this 
act shall be for such terms not less than fifteen years except 
as hereinafter provided and not exceeding twenty-five years 
from the date thereof and shall bear interest payable semi- 
annually at such rates as said trustees of the district shall 
determine. Said bonds of the district may be issued on 
either the sinking fund or serial payment plan, and, if issued 
on the serial payment plan, such portions of said bonds as 
the trustees of the district may determine may be for terms 
of less than fifteen years, and the trustees of the district shall 
endeavor so to arrange the maturities of all bonds issued on 
the serial payment plan that the bonds maturing each year 
other than the final year will be met by the amounts avail- 
able from interest upon the bonds purchased. All amounts 
received by the district from said interest shall be applied in 
payment of interest and principal of the bonds of the dis- 
trict issued . hereunder as and when due, and any balance 
shall be accumulated in a sinking fund to be used for such 
purpose, as and when required. All amounts received by 
the district in payment of such bonds of the company shall 
be applied in payment of bonds of the district issued here- 
under to provide funds for the purchase of such bonds and 
the balance shall be accumulated in a general sinking fund 
for any bonds of the district then outstanding. Said sinking 
funds shall be invested as provided in section eleven of said 
chapter three hundred and. eighty-three. 

Section 2, The bonds of the company so purchased 
shall be for the same term as the term of the last maturing 



66 Acts, 1947. — Chaps. 93, 94. 

bonds of the district issued to provide funds for the purchase 
of such bonds of the company, and shall bear interest pay- 
able semiannually at a rate two per cent higher than the rate 
payable upon said bonds of the district. In the event that said 
bonds of the district are sold at a premium above or a dis- 
count below par, the bond issue of the company purchased 
with the proceeds thereof shall be purchased by the district 
at the same premium above or discount below par. Said 
bonds of the company, both as to income and principal, are 
hereby made exempt from all taxes levied under authority 
of the commonwealth while held by the district and shall 
contain a recital to such effect. Said bonds of the company 
shall not be disposed of by the district without authority of 
the general court. The proceeds of the bonds of the com- 
pany issued under this act shall be held by it as a trust fund 
for the holders of the notes to be paid therefrom, and shall 
be used only for that purpose, and shall not be subject to at- 
tachment, trustee process or other legal proceeding seeking 
to apply the same to any other purpose. 

Section 3. The company shall reimburse the district, at 
the request of the trustees thereof, for all expenses incidental 
to the authorization, preparation, issue, registration and pay- 
ment of interest and principal of the aforesaid bonds of the 
district. 

Section 4. This act shall take effect upon its passage. 
Approved February 27, 1947. 

Chap. 93 An Act prxOviDiNG for the issuing of warrants to search 

FOR CERTAIN WEAPONS. 

Be it enacted, etc., as follows: 

Ed ^' 276"^' Section 1 of chapter 276 of the General Laws, as amended, 

§ h etc., ' is hereby further amended by adding at the end the follow- 

amended. ing ckuSC : - 

wa^'rrants Sixteenth, A rifle, shotgun, pistol, revolver, implement or 

Certain ' dangerous weapon used in the commission of a felony. 

""'P°"" Approved February 27, 1947. 

Chap. 94 An Act relative to the designation of a representative 
TO act in the place of the registrar of motor ve- 
hicles on the board of appeal on motor vehicle 
liability policies and bonds. 

Be it enacted, etc., as follows: 
gjL.aer. Section 8A of chapter 26 of the General Laws, as most 

§8A. etc., recently amended by chapter 419 of the acts of 1935, is 
amended. hereby further amended by striking out the second sentence 

Commissioner and inserting in place thereof the following sentence: — The 

of insurance ' - " - 

and registrar 
of motor 
vehicles may 



commissioner of insurance may by a writing, in such form as 

he may prescribe, filed in his office, designate from time to 

designrte'"' time a representative to act in his place and the registrar 

tSloMjilm. of motor vehicles may in like manner designate from time to 

time a representative to act in his place. 

Approved February 27, 1947. 



Acts, 1947. — Chaps. 95, 96. 67 



An Act further regulating the announcement and Qfidp^ 95 

RECORDING OF THE VOTE AT CERTAIN ELECTIONS. 

Be it enacted, etc., as follows: 

Section 105 of chapter 54 of the General Laws, as amended, g^ J- ^Jw. 
is hereby further amended by striking out the second para- § 105, etc., 
graph, as appearing in the Tercentenary Edition, and insert- '^'"^''^^'^• 
ing in place thereof the following paragraph : — 

The clerk in open meeting shall publicly announce the Announcement 
result of the vote and enter on the total vote sheet, which °^ '"^^"'*' ''**'■ 
shall be considered the precinct record, the total number of 
names of voters checked on the voting lists, the total number 
of ballots cast, the names of all persons voted for, the num- 
ber of votes for each person and the title of the office for 
which he was a candidate, the number of blank ballots for 
each office, and the number of affirmative and negative votes 
in answer to any question submitted to the voters, and shall 
forthwith certify such record, seal up the same, and deliver 
it, outside of the ballot container or envelope but in a sepa- 
rate sealed envelope, to the city or town clerk, who shall 
forthwith enter it in his records; provided, that if voting 
machines are used, the general or precinct record sheet, as 
the case may be, shall be the record referred to in this para- 
graph. Approved February 27, 1947. 



An Act relative to the designation of the registrar rjhn^ gg 

OF MOTOR vehicles AS THE "APPROPRIATE PUBLIC AUTHOR- ^' 

ITY" in the PAYMENT OF ANNUITIES TO DEPENDENTS OF 
CERTAIN EMPLOYEES OF THE REGISTRY OF MOTOR VEHICLES 
KILLED OR DYING FROM INJURIES RECEIVED OR HAZARDS 
UNDERGONE IN THE PERFORMANCE OF DUTY. 

Be it enacted, etc., as follows: 

The third paragraph of section 89 of chapter 32 of the o. l. (Ter. 
General Laws, as most recently amended by chapter 326 of f go,' eta, 
the acts of 1936, is hereby further amended by striking out, amended.' 
in lines 9 and 10, the words "in the department of pubfic 
works, the commissioner of public works" and inserting in 
place thereof the following : — , the registrar of motor 
vehicles, — so as to read as follows : — 

The words "appropriate pubHc authority", as used in this "Appropriate 
section, shall mean, as to a member of the police or fire force authority" 
or a forest warden of a city, the mayor and city council ; as to defined. 
a member of the police or fire force or a forest warden of a 
town, the selectmen; as to a member of the department of 
public safety doing police duty, the commissioner of public 
safety, with the approval of the governor and council; as 
to an investigator or examiner of the registry of motor 
vehicles, the registrar of motor vehicles, with hke approval; 
as to an inspector of the department of labor and industries, 
the commissioner of labor and industries, with like approval; 
as to a prison officer of the state prison, the state prison 
colony, the Massachusetts reformatory, the state farm, or 



68 Acts, 1947. — Chaps. 97, 98. 

the reformatory for women, the commissioner of correction, 
with like approval; and as to a prison officer of a jail or 
house of correction, the sheriff and county commissioners of 
the county, except in the county of Suffolk, where the public 
authority as to prison officers of the jail shall be the sheriff 
and the mayor of Boston, and, as to prison officers of the 
house of correction, the penal institutions commissioner and 
the mayor of Boston, and, as to said technical employees, 
the commissioner or chairman of their respective department 
or division, with the approval of the governor and council. 
Approved February S7, 1947. 

Chap. 97 An Act further postponing the taking effect of certain 

LAWS PROVIDING FOR BILLS OF EXCEPTIONS IN PROBATE 
PROCEEDINGS AND IN SUITS IN EQUITY. 

prTambb^^ Wkereas, The principal purpose of this act is to postpone 

further the taking effect of certain provisions of law contained 
in section one of chapter four hundred and sixty-nine of the 
acts of nineteen hundred and forty-five and in section one 
of chapter five hundred and thirty of the acts of said year 
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 preser- 
vation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1, Chapter 469 of the acts of 1945 is hereby 
amended by striking out section 2, as most recently amended 
by section 1 of chapter 610 of the acts of 1946, and inserting 
in place thereof the following section : — Section 2. This 
act shall take effect on July first, nineteen hundred and 
forty-seven. 

Section 2. Chapter 530 of the acts of 1945 is hereby 
amended by striking out section 2, as most recently amended 
by section 2 of said chapter 610, and inserting in place 
thereof the following section : — Section 2. This act shall 
take effect on July first, nineteen hundred and forty-seven. 
Approved February 27, 1947. 

Chap. 98 An Act authorizing savings banks to make certain 
direct-reduction loans on real estate. 

Be it enacted, etc., as follows: 

EdV 168 '^' Clause First of section 54 of chapter 168 of the General 

§ 54,' etc.; Laws, as most recently amended by chapter 256 of the acts 
amended. ^j 1946, is hereby further amended by inserting after sub- 

division (/) the following subdivision : — 
Mortgage (^) A loan secured by a first mortgage of real estate 

of sTvhlgs ^ located in the commonwealth, or in a state contiguous to 
Sts. 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, not exceed- 



Acts, 1947. — Chap. 98. 69 

ing eighty per cent of the value of the premises to be mort- 
gaged, may be made for a period of not more than twenty 
years from the date of the note; provided, that the terms 
of the note shall require fixed monthly payments, in the 
same amount during the term of the loan, which payments 
shall be first applied to interest and the balance thereafter 
remaining applied to principal. Interest upon each loan 
shall be computed monthly on the unpaid balance thereof. 
In the case of a construction loan under this subdivision, the 
monthly payments may be computed and fixed so that any 
or all of the first six monthly payments may be less than the 
remaining monthly payments by such amounts as otherwise 
would be applied to principal. Any mortgage taken under 
this subdivision shall contain a provision requiring the pay- 
ment each month of a proportionate part of the estimated 
real estate taxes and betterment assessments. Failure to 
comply with any of the foregoing requirements contained in 
such a mortgage or note shall constitute a breach of condi- 
tion for which the unpaid balance of such loan shall become 
due and payable forthwith at the option of such corporation. 
No loan under this subdivision shall be made for a sum in 
excess of twelve thousand dollars. 

Such corporation may accept principal payments in excess 
of payments required under any mortgage written under this 
subdivision, in which event the board of investment may 
reduce the monthly payments as set forth in said mortgage; 
provided, that such reduced payments shall not extend the 
original term of the mortgage, except as authorized by the 
following paragraph. 

With the approval of the board of investment of such cor- 
poration, at the request of the owner of the equity of re- 
demption and upon a certification by said board that the 
then balance of the amount due does not exceed eighty per 
cent of the value of the mortgaged premises, the amount 
of the fixed monthly payments called for by any such note 
and mortgage may be changed; provided, that no such 
change shall result in the extension of the term of such loan 
beyond twenty years from the date of such change; and 
provided, further, that such change shall be evidenced by 
an instrument setting forth such change, payments and 
mortgage extension. 

With the approval of the board of investment of such cor- 
poration, at the request of the owner of the equity of re- 
demption and upon certification by said board that the then 
balance of the amount due does not exceed sixty per cent of 
the value of the mortgaged premises, so much of the monthly 
payments as would otherwise be credited to principal may 
be reduced or waived for such period of time as said board 
may approve, provided, that such change shall be evidenced 
by an instrument setting forth such change, payments, and 
mortgage extension; and provided, further, that not later 
than three years after the date of such change not less than 
two members of said board shall certify in writing, according 



70 Acts, 1947. — Chaps. 99, 100. 

to their best judgment, the value of the premises mortgaged; 
and the premises shall be revalued in the same manner at 
intervals of not more than three years so long as they are 
mortgaged to such corporation. Such certificates shall be 
filed and preserved with the records of the corporation. If 
at the time any such revaluation is made, the amount out- 
standing on a loan so changed is in excess of sixty per cent 
of the value of the premises mortgaged, a reduction in the 
amount of the loan shall be required, as promptly as may be 
practicable, sufficient to bring its amount within sixty per 
cent of the value of said premises. 

Approved February 27, 1947. 



Chap. 99 An Act relative to bills for, the due date of, and 

INTEREST ON, OMITTED AND REVISED ASSESSMENTS. 

Be it enacted, etc., as follows: 
g^L.(Ter. Section 1. Section 57 of chapter 59 of the General Laws, 

§ 57,' etc'.. as most recently amended by section 1 of chapter 258 of the 
amended. ^^^^ ^f 1941, is hereby further amended by striking out the 
fourth and fifth sentences and inserting in place thereof the 
Date^for ^^ three following sentences : — Bills for taxes assessed under 
taxes. section seventy-five or section seventy-six shall be sent out 

not later than five days prior to the date upon which such 
taxes are due and payable. Taxes assessed under section 
seventy-five or section seventy-six on or before September 
first shall be due and payable on October first; and interest 
shall be paid at the rate above specified on all such taxes 
remaining unpaid after November first, computed from 
October first. Taxes assessed under section seventy-five or 
section seventy-six after September first shall be due and 
payable on December thirty-first; and interest shall be paid 
at the rate above specified on all such taxes remaining un- 
paid after January thirty-first of the succeeding year, com- 
puted from said December thirty-first. 

Section 2. This act shall apply only to taxes assessed in 
the year nineteen hundred and forty-seven and thereafter. 
Approved February 27, 1947. 



Chap.lOO A.N Act authorizing the transfer of certain land in 

THE DORCHESTER DISTRICT OF THE CITY OF BOSTON FROM 
THE SCHOOL DEPARTMENT TO THE PARK DEPARTMENT OF 
SAID CITY. 

Be it enacted, etc., as follow s: 

Section 1. The school committee of the city of Boston 
is hereby authorized to transfer to the board of park commis- 
sioners of said city control and charge of any part or parts 
or the whole of the land on Willis street between Sumner and 
Bakersfield streets, in the Dorchester district of said city, 
held by said city for school purposes. Said transfer shall 
take effect upon acceptance thereof by vote of said board 



Acts, 1947. — Chaps. 101, 102. 71 

of park commissioners. Thereafter so much of said land as 
is transferred hereunder shall be devoted to park and play- 
ground purposes only and shall be under the control and 
charge of said board of park commissioners. 

Section 2. This act shall take full effect upon its accept- 
ance by the city of Boston by vote of the city council, sub- 
ject to the provisions of its charter, but not otherwise. 

Approved February 27, 1947. 



An Act authorizing cities and towns to borrow within ri},fjj. ini 

THE DEBT LIMIT FOR THE CONSTRUCTION OF CERTAIN TYPES ^' 

OF PAVEMENT. 

Be it enacted, etc., as follows: 

Section 7 of chapter 44 of the General Laws is hereby g. l. (Ter. 
amended by striking out clause (5), as appearing in section 5 f 7;^;**.' 
of chapter 224 of the acts of 1936, and inserting in place amended. 
thereof the following clause : — 

(5) For the original construction of public ways or the Purposes for 
extension or widening thereof, including land damages and "aiHi'es^ma'"' 
the cost of pavement and sidewalks laid at the time of said borrow wUhin 
construction, or for the construction of stone, block, brick, ^'^^ debt hmit. 
cement concrete, bituminous concrete, bituminous macadam 
or other permanent pavement of similar lasting character 
under specifications approved by the department of public 
works, ten years. Approved February 27, 1947. 



An Act relative to the holding of elections of mem- r;hnr> 102 

HERS of the county PERSONNEL BOARD AND TO THE AP- "' 

pointment of acting members thereof. 

Whereas, The deferred operation of this act would tend in Emergency 
part to defeat its purpose, which is to make immediately p''^'^'"^'^- 
possible the appointment of acting members of the county 
personnel board, 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 48 of chapter 35 of the General Laws, g. l. (Ter. 
as appearing in the Tercentenary Edition, is hereby amended ^^ended. ^ ^^' 
by striking out the fourth sentence and inserting in place 
thereof the following sentence : — On or before August first Election of 
of the year in which the term of a member of the board will to bolrdT. 
expire, his successor shall be elected in the same manner at 
a time and place, to be designated by the director of accounts, 
to serve for a term of three years from the first day of the 
September following. 

Section 2. Said section forty-eight, as so appearing, is g. l. (Ter. 
hereby further amended by adding at the end the following ^rthe^/' ^ *^' 

paragraph : amended. 



72 Acts, 1947. — Chaps. 103, 104. 

^sabmty'^'^ In case of the absence or disability of a member of the 

of member. board, the Other members may designate an acting member 
from among the county commissioners of the counties repre- 
sented by such member, to serve during his absence or dis- 
abihty, and such acting member shall receive compensation 
at the same rate as a member of the board. 

Approved February 28, 191^7. 

Chav.103 An Act authorizing the town of Lancaster to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing and originally 
equipping and furnishing a school buildmg, the town of 
Lancaster 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, two hundred 
thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Lancaster School 
Loan, Act of 1947. Each authorized issue shall constitute 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 valuation of the 
town in the preceding year is voted for the same purpose 
to be raised by taxation in the year when authorized, or ap- 
propriated 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 28, 19^7, 



Chap. 104: An Act to facilitate payment by insurance companies 
of amounts of five hundred dollars or less due to 
estates of deceased persons. 

Be it enacted, etc., as follows: 
G-jL. (Ter. Chapter 175 of the General Laws is hereby amended by 

new '§ 187E, inserting after section 187D the following section : — Sec- 
added. ^^-^^ 187E. A company which upon the death of an indi- 

i^sul^n"e''^ vidual residing in the commonwealth owes his estate an 

aggregate sum not exceeding five hundred dollars under any 



companies to 
estates of de- 



ceased persons policy or policies of life, endowment, or accident or health 
of money. ^"™^ iusuraucc, or any annuity or pure endowment contract or 
contracts, may, at any time not less than sixty days there- 
after, upon satisfactory proof, pay such sum to his surviving 
spouse, or, if none, to one or more of his heirs under section 
three of chapter one hundred and ninety; provided, that at 
the time of such payment no written claim for such sum has 
been received at the company's home office from any executor, 



Acts, 1947. — Chaps. 105, 106, 107. 73 

administrator or special administrator of the estate of such 
individual. Any payment made under any such policy or 
contract under authority of this section, including a pay- 
ment to a minor of at least eighteen years of age, shall con- 
stitute a full discharge of the company from all liability 
thereunder. Approved February 28, 194-7. 

An Act relative to the attachment of real estate Chap. 105 

AND LEASEHOLDS. 

Be it enacted, etc., as follows. • 

Section 62 of chapter 223 of the General Laws, as appear- g l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by adding amended.' ^ ^^' 
at the end the following sentence: — Every original writ on Attachment 
which such an attachment of land, or a right or interest tMe'^st'thJrdn 
therein, is made shall contain or have endorsed upon it the 
name and last known residence of each defendant. 

Approved February 28, 1947. 

An Act eliminating the requirement that certain Qfidrf 106 
written statements in a judicial proceeding be veri- ^' 

fied by oath. 

Be it enacted, etc., as follows: 

Section lA of chapter 268 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by amended.' ^ ^^' 
striking out, in lines 1 and 2, the words "Except in a judicial 
proceeding or in a proceeding in a course of justice, no" and 
inserting in place thereof the word: — No, — so as to read as 
follows: — Section lA. No written statement required by verifying cer- 
law shall be required to be verified by oath or affirmation statementrby 
before a magistrate if it contains or is verified by a written written 
declaration that it is made under the penalties of perjury, instead o°" 
Whoever signs and issues such a written statement contain- ^^ ''^^^■ 
ing or verified by such a written declaration shall be guilty 
of perjury and subject to the penalties thereof if such state- 
ment is wilfully false in a material matter. 

Approved February 28, 1947. 

An Act authorizing the transfer of the supervision of Qfiav 107 

THE police department OF THE CITY OF LYNN FROM THE 
MAYOR TO THE CHIEF OF POLICE. 

Be it enacted, etc., as follows: 

Section 1. Section 20 of chapter 340 of the Special Acts 
of 1917 is hereby amended by striking out paragraph 18 and 
inserting in place thereof the following paragraph : — 

18. The city council shall maintain a poHce department 
which shall be under the supervision of the chief of police. 
The mayor shall appoint the chief and all subordinate rank- 
ing officers, patrolmen and reserve and special officers, 
whereof the number and designation shall be determined by 
ordinance. 



74 Acts, 1947. — Chaps. 108, 109. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of said city at its biennial municipal 
election in the current year in the form of the following ques- 
tion, which shall be placed upon the official ballot to be used 
at said election: — "Shall an act passed by the general court 
in the year nineteen hundred and forty-seven, entitled 'An 
Act transferring the supervision of the police department of 
the city of Lynn from the mayor to the chief of police', be 
accepted?" If a majority of the votes cast on said question 
is in the affirmative, this act shall thereupon take full effect, 
but not otherwise. Approved February 28, 1947. 

Chap. 108 An Act relative to the renewal of certain temporary 

REVENUE LOANS BY CITIES, TOWNS AND DISTRICTS. 

Be it enacted, etc., as follows: 

Any city, town or district, with the approval of the board 
specified in clause nine of section eight of chapter forty-four 
of the General Laws, may extend, for a period or periods not 
exceeding, in the aggregate, six months beyond the maximum 
term provided by law for an original revenue loan, any loan 
issued in anticipation of the revenue of the year nineteen 
hundred and forty-six, nineteen hundred and forty-seven or 
nineteen hundred and forty-eight, and the approval as afore- 
said of any such extension shall authorize the issue of renewal 
notes for the period or periods so approved, notwithstanding 
the provisions of said chapter forty-four. During the time 
that any such revenue loan, extended as aforesaid, remains 
outstanding, none of the receipts from the collection of taxes 
assessed by such city, town or district for the year against 
the revenue of which such loan was issued or for prior years 
shall be appropriated for any purpose without the approval 
of said board. Approved February 28, 1947. 

Chap. 109 An Act prohibiting the employment of children under 

SIXTEEN YEARS OF AGE IN FACTORIES, WORKSHOPS, MANU- 
FACTURING AND MECHANICAL ESTABLISHMENTS. 

Be it enacted, etc., as follows: 
gjL.(Ter. SECTION 1. Chapter 149 of the General Laws is hereby 

§ 60,' etc.; amended by striking out section 60, as most recently amended 
amended. |^y gcctiou 5 of chapter 461 of the acts of 1939, and inserting 
Employment in place thereof the following section: — Section 60. No 
under sfxtlen. persou shall employ a child under sixteen years of age, or 
permit him to work in, about or in connection with any fac- 
tory, workshop, manufacturing or mechanical establishment 
at any time. 

Except as provided in sections- sixty-nine and eighty-six, 
no person shall employ a child under sixteen years of age, 
or permit him to work in, about or m connection with any 
mercantile establishment, barber shop, bootblack stand or 
establishment, pool or billiard room, stable, elsewhere than 
on a farm, garage, brick or lumber yard, telephone exchange, 



Acts, 1947. — Chap. 109. 75 

telegraph or messenger office, place of amusement, or in the 
construction or repair of buildings, or in any contract or 
wage earning industry carried on in tenement or other 
houses, or in any radio broadcasting station except as talent. 
Except as provided in sections sixty-nine and eighty-six, no 
such child shall be employed at work performed for wage or 
other compensation, to whomsoever payable, during the hours 
when the public schools are in session, nor, except as pro- 
vided in section sixty-nine, shall he be employed at work 
before half past six o'clock in the morning or after six o'clock 
in the evening. 

This section and section eighty-six shall not be deemed to 
prohibit children under sixteen from taking part on the stage 
for a limited period in a play or musical comedy in a theatre 
wherein not more than two performances are given in any 
one day and not more than eight performances are given in 
any one week if the commissioner, after being satisfied that 
the supervision of such children is adequate, that their living 
conditions are healthful, and that their education is not 
neglected, gives his written consent to such taking part. 

Section 2. Section 86 of said chapter 149, as most re- g. l. (Xer. 
cently amended by section 9 of said chapter 461, is hereby fge'eS 
further amended by striking out the first paragraph and in- amended.' 
serting in place thereof the following paragraph : — No per- Employment 
son shall employ a child under sixteen years of age, other ^oJ^^nHer- 
than a child over fourteen granted an employment permit mit, etc. 
by the superintendent of schools when such superintendent ^''° ' '*^ ' 
determines that the welfare of such child will be better 
served through the granting of such permit, or permit him 
to work in, about or in connection with any mercantile es- 
tablishment or in any employment mentioned in section sixty, 
or as defined in section one, other than street trades as de- 
fined in sections sixty-nine to seventy-three, inclusive; pro- 
vided, that pupils over fourteen in co-operative courses in 
public schools may be employed by any co-operating mer- 
cantile establishment or other co-operating employment as 
defined by section one upon securing from the superintendent 
of schools a permit covering any such co-operating employ- 
ment; and provided, further, that no permit shall be issued 
to any child under sixteen to work in, about or in connection 
with any manufacturing or mechanical establishment, fac- 
tory or workshop. Children between fourteen and sixteen 
who possess the educational qualifications set forth in sec- 
tion one of chapter seventy-six and are employed in private 
domestic service or service on farms shall be required to 
secure a permit issued by the superintendent of schools 
covering such employment. The person employing a child 
between fourteen and sixteen shall procure and keep on file, 
accessible to the supervisors of attendance of the town, 
to agents of the department of education, and to the depart- 
ment of labor and industries or its authorized agents or in- 
spectors, the permit for employment issued to such child and 
shall keep a complete list of the names and ages of all chil- 
dren so employed. Approved February 28, 1947. 



76 Acts, 1947. — Chap. 110. 



Chap. 110 An Act relative to the making or acquiring by bank- 
ing INSTITUTIONS AND INSURANCE COMPANIES OF LOANS 
AND ADVANCES OF CREDIT TO VETERANS OF WORLD WAR II 
GUARANTEED BY THE ADMINISTRATOR OF VETERANS* 
AFFAIRS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 46 of the acts of 1945, as amended 
by chapter 126 of the acts of 1946, is hereby further amended 
by striking out section 1 and inserting in place thereof the 
following section: — Section 1. Subject to such regulations 
as the commissioner of banks deems to be necessary or ad- 
visable 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 com- 
pany, savings bank, co-operative bank, credit union or in- 
surance company organized under the laws of this common- 
wealth is authorized, for a period ending ten years after the 
termination of the present states of war between the United 
States and certain foreign countries, to make and acquire 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 successor or suc- 
cessors 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, to collect 
and apply payments due upon and otherwise to service any 
such mortgage loan originated by it and so guaranteed or 
insured, and with respect to such mortgage loan to make 
agreements with any mortgagees thereof to collect and apply 
payments due upon and otherwise to service any such mort- 
gage loan. 

Section 2. Section 2 of said chapter 46, as so amended, 
is hereby further amended by inserting after the word 
"made " in line 8 the words: — or acquired, — so as to read as 
follows: — Section 2. During the period that the provisions 
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 Hfe of said obligation, 
no provision of law limiting the power of a trust company, 
savings bank, co-operative bank, credit union or insurance 
company organized under the laws of this commonwealth to 
make loans shall apply to loans made or acquired 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 3, 1947. 



Acts, 1947. — Chaps. Ill, 112. 77 



An Act relative to the salaries of the mayor and the r'^^^ 1 1 1 

CITY COUNCIL IN THE CITY OF GARDNER. "' 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
eleven of chapter one hundred and nineteen of the acts of 
nineteen hundred and twenty-one, as amended by section 
one of chapter one hundred and eighty-four of the acts of 
nineteen hundred and thirty-nine, the mayor of the city of 
Gardner shall receive for his services such salary as the city 
council by ordinance shall determine, not exceeding four 
thousand dollars a year, and he shall receive no other com- 
pensation from the city. His salary shall not be increased or 
diminished during the term for which he is elected. 

Section 2. Notwithstanding the provisions of said sec- 
tion eleven of said chapter one hundred and nineteen, as so 
amended, the city council of said city may, by a two thirds 
vote of all its members, taken by call of the yeas and nays, 
estabhsh 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 municipal 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 four thousand 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 3, 1947. 



An Act extending further the duration of a law pro- nhn'n 112 

VIDING FOR the TRIAL OR DISPOSITION OF CERTAIN CRIMI- "' 

NAL cases by DISTRICT COURT JUDGES SITTING IN THE 
SUPERIOR COURT. 

Be it enacted, etc., as follows: 

Chapter 469 of the acts of 1923 is hereby amended by 
striking out section 5, as most recently amended by chapter 
152 of the acts of 1945, and inserting in place thereof the 
following section : — Section 5. This act shall not be opera- 
tive after June thirtieth, nineteen hundred and forty-eight. 

Approved March 3, 1947. 



78 Acts, 1947. — Chaps. 113, 114. 



Chap. lis An Act relative to the salaries of the mayor and 

CITY COUNCIL OF THE CITV OF QUINCV. 

Be it enacted, etc., as follows: 

Section 1. Tho mayor of the city of Quincy shall receive 
for his services such salary as the city council thereof by 
ordinance shall determine, not excetuhng six thousand dol- 
lars per annum, notwithstanding the provisions of section 
fifty-one of chapter forty-three of the General Laws. His 
salary shall not be increased or diminished during the term 
for which he is elected. 

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 one 
thousand dollars each per annum, notwithstanding the pro- 
visions of said section fifty-one. 

Section 3. There shall be placed upon the official ballot 
to be used at the bi(Minial municipal election in said city in 
the current year the following questions: — 

Quest ion (l). — "Shall the mayor of this city receive for 
his services such salary as the city council by ordinance may 
deti>rnune, not exceeding six thousand dollars per annum?" 

Question {£). — "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 one thousand dollars 
each per annum?" 

If a majority of the votes in answer to Question (1) is in 
the aflirmative, then section one of this act shall take full 
efl'ect, 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 S, 1947. 



C/iap. 114 An Act authorizing the payment of salaries to the 

members OF the city council op the city OF WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. The city coimcil of the city of Worcester 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 ex- 
ceeding five hundred dollars each per annum. 

Section 2. So much of chapter four hundred and forty- 
four of the acts of eighteen hundred and ninety-three, and 
acts in amendment thereof and in addition thereto, as is in- 
consistent with this act, is hereby repealed. 

Section 3. This act shall be submitted for acceptance to 
the registered voters of the city of Worcester at its biennial 
municipal election in the current year in the form of the fol- 
lowing question, which shall be placed upon the official ballot 
to be used at said election: — "Shall an act passed by the 
general court in the current year authorizing the city council 
of this city to establish, by a two tliirds vote of all its mem- 



Acts, 1947. — Chaps. 115, 116. 79 

bers, a salary for its members not exceeding five hundred 
dollars each per annum, be accepted?" If a majority of the 
votes in answer to said question is in the affirmative, this 
act shall take full effect at the beginning of the municipal 
year of nineteen hundred and forty-eight; otherwise it shall 
be of no effect. Approved March 3, 1947. 



An Act authorizing the payment of salaries to mem- (Jfiav. 115 

BERS OF THE BOARD OF ALDERMEN OF THE CITY OF MELROSE. ^ ' 

Be it enacted, etc., as follows: 

Section 1. Section 17 of chapter 162 of the acts of 1899 
is hereby amended by striking out the last sentence and in- 
serting in place thereof the following sentence: — Each mem- 
ber thereof shall receive in full compensation for his services 
as a member of the board of aldermen, or of any committee 
thereof, such salary, not exceeding three hundred dollars a 
year, as may be established by a two thirds vote of all its 
members, taken by call of the yeas and nays. 

Section 2. This act shall be submitted for acceptance to 
the registered voters of the city of Melrose at its biennial 
municipal election in the current year in the form of the fol- 
lowing question which shall be placed upon the official ballot 
to be used at said election: — "Shall an act passed by the 
general court in the current year authorizing the board of 
aldermen of this city to establish, by a two thirds vote of all 
its members, a salary for its members not exceeding three 
hundred dollars each per year, be accepted?" If a majority 
of the votes in answer to said question is in the affirmative, 
this act shall take full effect on the first Monday of January, 
nineteen hundred and forty-eight; otherwise it shall be of no 
effect. Approved March S, 1947. 



An Act to provide for dissolving liens for betterment Q^kiy) 116 
assessments when such assessments have been paid ^ ' 
or abated. 

Be it enacted, etc., as folloius: 

Section 12 of chapter 80 of the General Laws, as most re- o. l. (Ter. 
cently amended by section 4 of chapter 478 of the acts of f'j2.'lt!!'., 
194.3, is hereby further amended by adding at the end the amended, 
following sentence : — A lien under this section may be dis- ^aggg^^™ ^1* 
solved by filing for record in the registry of deeds of the affkrl"^" 
county or district where the land subject to the lien lies a 
certificate, in a form approved by the commissioner of cor- 
porations and taxation, from the collector of taxes that the 
assessment, constituting the lien, together with any interest 
and costs thereon, has been paid or legally abated. 

Approved March 3, 1947. 



80 Acts, 1947. — Chaps. 117, 118. 



Chap. 117 An Act relative to the preparation and opening of 

WAYS IN THE CITY OF BOSTON. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter 393. of the acts of 1906 is hereby 
amended by striking out section 10 and inserting in place 
thereof the following section: — Section 10. No person or 
corporation shall, on or after April jBrst, nineteen hundred 
and forty-seven, prepare for pubhc travel in the city of Boston 
any way unless its location, direction, width, grades and pro- 
posed construction are satisfactory to said board of street 
commissioners and a permit for the construction thereof has 
been issued by said board. No person or corporation shall, 
on or after said April first, open for public travel in the city 
of Boston any way unless the completed construction thereof 
has been approved in writing by said board as in full com- 
pliance with the construction permit or as satisfactory to 
said board. All highways in the territory shown on any plan 
heretofore made by the board of survey or by said street 
commissioners under the authority of chapter three hundred 
and twenty-three of the acts of eighteen hundred and ninety- 
one shall be in accordance with the location, direction, width 
and grades shown thereon ; and no pubhc sewer, drain, water 
pipe, or lamp shall be placed in, or public work of any kind 
done on, any way in any such territory other than in or on 
the ways shown on the plan or plans of such territory: pro- 
vided, that this provision shall not prevent the laying of a 
trunk sewer or a water or gas main as engineering demands 
shall require. 

Section 2. This act shall take effect upon April first in 
the current year. Approved March 3, 191(7. 



Chap. lis An Act making void certain provisions of leases and 
rental agreements pertaining to real property. 

Be it enacted, etc., as folloivs: 

Edt' lit' Section 1. Chapter 186 of the General Laws is hereby 

new '§16,' amended by adding after section 15, added by section 1 of 

added. chapter 445 of the acts of 1945, the following section: — 

Termination Scction 16. Any provisiou of a lease or other rental agree- 

because'of ' meut relating to real property whereby a lessee or tenant 

chud^en ^^'"^ enters into a covenant, agreement or contract, by the use of 

prohibited. any words whatsoever, the effect of which is to terminate, 

or to provide that the lessor or landlord may terminate, such 

lease or agreement if the tenant has or shall have a child or 

children, who shall occupy the premises covered by such 

lease or agreement, shall be deemed to be against public 

policy and void. 

Section 2. This act shall take effect on June first in the 
current year, and shall apply only to leases and rental agree- 
ments entered into after said date. 

Approved March 5, 1947. 



Acts, 1947. — Chaps. 119, 120, 121, 122. 81 



An Act fixing the retirement allowance of william h. Chav. 11^ 

KNOWLES, FORMERLY A SERGEANT IN THE POLICE DEPART- 
MENT OF THE TOWN OF NEEDHAM. 

Be it enacted, etc., as follows: 

The retirement allowance of William H. Knowles, formerly 
a sergeant in the police department of the town of Needham, 
shall be at the rate of one thousand and fifty-four dollars per 
annum under option (c) of paragraph (2) of section twelve 
of chapter thirty-two of the General Laws, and seven hun- 
dred and two dollars and eighty-four cents per annum shall 
be continued during the lifetime of and paid to his wife, 
should she survive him. Approved March 4, 1947. 

An Act authorizing the incurring of liabilities in the Cha7),\2Q 

CITY OF BOSTON IN ANTICIPATION OF APPROPRIATIONS IN 
ORDER TO COMPENSATE FIRST ASSISTANT ASSESSORS. 

Be it enacted, etc., as follows: 

Section 3A of chapter 486 of the acts of 1909, inserted by 
section 1 of chapter 604 of the acts of 1941, is hereby amended 
by adding at the end the following sentence: — Notwith- 
standing the foregoing limitations upon the authority of city 
officers to incur liabilities during said interval, such officers 
may incur liabilities to such extent as may be necessary for 
the purpose of compensating first assistant assessors for their 
regular duties. Approved March 4, 1947. 

An Act reviving vineyard development company. Chav-Vll 
Whereas, The deferred operation of this act would delay Emergency 
the corporation revived thereby in resuming the exercise preamble. 
of its former corporate powers, therefore it is hereby de- 
clared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

Vineyard Development Company, a corporation dis- 
solved by section one of chapter fifty-four of the acts of 
nineteen hundred and thirty-six, is hereby revived, with the 
same powers, duties and obligations as if said chapter had 
not been passed. Approved March 6, 1947. 

An Act authorizing the town of buckland to contrib- Chap. 122 

UTE TOWARD THE PAYMENT OF THE RENT OF QUARTERS 
FOR THE POST OF THE VETERANS OF FOREIGN WARS OF 
THE UNITED STATES IN THE TOWN OF SHELBURNE. 

Be it enacted, etc., as follows: 

Section 1. Chapter 319 of the acts of 1924 is hereby 
amended by striking out section 1 and inserting in place 
thereof the following section : — Section 1 . The town of 
Buckland may annually appropriate money for the purpose 



82 Acts, 1947. — Chaps. 123, 124, 125. 

of contributing toward the payment of the rent of the 
quarters of the posts of The American Legion and of the 
Veterans of Foreign Wars of the United States in the town 
of Shelburne to the same extent as if said quarters were 
situated within the Hmits of the said town of Buckland. 
Section 2. This act shall take effect upon its passage. 

Approved March 6, 1947. 

Chap.l2S ^^ Act validating action of the dukes county au- 
thorities IN PURCHASING AND INSTALLING CERTAIN HEAT- 
ING EQUIPMENT AND PAYING FOR THE SAME. 

Be it enacted, etc., as follows: 

Section 1. The action of the county commissioners of 
Dukes county in purchasing certain heating equipment and 
installing the same in the administration building at the 
airport operated by said county, and the action of the 
county treasurer of said county in making payments there- 
for, in so far as such action may be illegal because of non- 
compliance with section seventeen of chapter thirty-four 
of the General Laws, is hereby validated. 

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

Approved March 6, 19Jf.7. 

Chap. 124: An Act authorizing wildey savings bank to invest in 

IMPROVEMENT OF ITS BUILDING IN THE CITY OF BOSTON 
USED FOR THE TRANSACTION OF ITS BUSINESS. 

Be it enacted, etc., as follows: 

Section 1. Wildey Savings Bank, incorporated by 
chapter seventy-three of the acts of eighteen hundred and 
ninety-two, and having its usual place of business in the 
city of Boston, may, subject to the approval of the com- 
missioner of banks, invest in the alteration or renovation 
of the building now owned by it in said Boston and used for 
its business purposes or in the erection of a new building 
on the same site a sum not exceeding three 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, 1947, 

Chap. 125 An Act permitting the late filing of certificates of 

NOMINATION AND NOMINATION PAPERS FOR THE ANNUAL 
TOWN ELECTION OF THE TOWN OF SOUTHBOROUGH 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 South- 
borough to be elected at the annual town election of said 



Acts, 1947. — Chap. 126. 83 

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 Southborough has accepted said section one 
hundred and three A. 

Section 2. This act shall take effect upon its passage. 
Approved March 6, 1947. 



An Act authorizing the town of auburn to construct QJiQr^ 126 

AND OPERATE A SYSTEM OF SEW^ERS. ^' 

Be it enacted, etc., as follows: 

Section 1. The town of Auburn 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 sewerage and sewage disposal, and may con- 
struct sewage filter beds or other treatment works, or con- 
nect with the sewerage system of the city of Worcester, 
under the provisions of section five of this act, and may 
construct such sewers or drains in said town as may be nec- 
essary, 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 con- 
nect 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 commis- 
sioners 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 meet- 
ing, 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 expira- 
tion of three years, from the next succeeding annual town 
meeting, and until their successors are qualified; and there- 
after at each annual town meeting when the term of a mem- 
ber expires, the town shall elect one member of the board 
to serve for three years and until his successor is qualified. 



84 Acts, 1947. — Chap. 126. 

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, pro- 
vide for the election of a board of three sewer commission- 
ers, or that the selectmen may act as a board of sewer com- 
missioners, 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, pubhc way or rail- 
road 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 man- 
ner as they may agree upon with such corporation, or, in 
case of failure to agree, as may be approved by the depart- 
ment of public utilities. 

Section 5. The town of Auburn may connect its sewers 
or force mains with the sewerage system of the city of 
Worcester if an agreement therefor shall have been made 
between the said town and the said city, acting through 
their respective boards or officers having charge of sewers; 
but no such agreement shall be entered into until public 
hearings, of which due notice to the public shall have been 
given, have been held by such board or officers in the said 
town or city, nor until authorized by vote of the city council 
of the said city, with the approval of the mayor, and by a 
town meeting of the said town. Any such agreement shall 
state the terms and conditions upon which said connection 
is to be made and shall be recorded in the office of the clerk 
of the said city and of the said town. Any such agreement 
may provide for the payment by the town to the city of a 
stated sum at the time when the connection is made or a 
yearly payment beginning in the year in which the connec- 
tion is made, or both. Such payments may be based upon 
the relative quantities of sewage contributed for treatment 
by the city and the town. The agreement shall also state 
the terms, conditions and regulations in accordance with 
which the sewage of the said town may be discharged into 
the sewerage system of the said city. No connection shall 
be made under this act with the sewerage system of the said 
city until plans showing such proposed connection have been 



Acts, 1947. — Chap. 126. 85 

submitted to and approved by the state department of pub- 
lic health. Such plans shall also be filed in the office of the 
clerk of the said city and of the said town. 

Section 6. 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 
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 7. 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 8. 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 one half of 
the whole cost. In providing for the payment of the re- 
maining portion of the cost of said system or systems, the 
town may avail itself of any or all of the methods permitted 
by general laws, and the provisions of said general laws rela- 
tive to the assessment, apportionment, division, reassess- 
ment, abatement and collection of sewer assessments, to 
hens therefor and to interest thereon shall apply to assess- 
ments 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 remaining portion of said cost shall be 
provided for. The collector of taxes of said town shall cer- 
tify the payment or payments of such assessments or appor- 
tionments thereof to the sewer commissioners, or to the 
selectmen acting as such, who shall preserve a record 
thereof. 

Section 9. 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, two hundred thousand dollars; and may issue 
bonds or notes therefor, which shall bear on their face the 
words, Auburn Sewerage Loan, Act of 1947. 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. 



86 Acts, 1947. — Chap. 126. 

Section 10. 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 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 11. 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 therefrom 
as it may deem proper, subject however to such rules and 
regulations as may be fixed 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 contract shall be made 
or obligation incurred by said board for any purpose in ex- 
cess of the amount of money appropriated by the town 
therefor. 

Section 13. 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 inspec- 
tion of the materials, the construction, alteration and use 
of all connections and drains entering into such main drains 
or sewers, and may prescribe penalties, not exceeding twenty 
dollars, for each violation of any such rule or regulation. 
Such rules and regulations shall be published at least once 
a week for three successive weeks in some newspaper pub- 
lished in the town of Auburn, 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 publications have 
been made. 

Section 14. 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 applica- 
tion to said department for its approval, it shall give a hear- 
ing, after due notice to the public. At such hearing, plans 
showing in detail all the work to be done in constructing 
said system of sewerage and sewage disposal shall be sub- 
mitted for approval by said department. 

Section 15. This act shall take full effect upon its ac- 
ceptance 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, but not otherwise. No 
expenditure shall be made and no liability incurred here- 
under until such acceptance. Approved March 6, 1947. 



Acts, 1947. — Chaps. 127, 128, 129. 87 



An Act providing for the election or appointment of Chap. 127 

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

Be it enacted, etc., as follows: 

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

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

Approved March 6, 1947. 

An Act relative to the number of trustees in the QJiav.Vl'^ 

corporation called the trustees of ANATOLIA COL- 

lege. 

Be it enacted, etc., as follows: 

Section 1 of chapter 106 of the acts of 1894, as amended 
by section 1 of chapter 230 of the acts of 1922, is hereby 
further amended by striking out the last sentence and in- 
serting in place thereof the following sentence : — The trus- 
tees shall number not less than nine nor more than thirty- 
six and shall be divided into three approximately equal 
classes; one class to serve for three years, one class to serve 
for two years, and one class to serve for one year, and at 
the expiration of the several terms their successors shall be 
chosen in classes for terms of three years each. 

Approved March 6, 1947. 

An Act relative to the investment of the funds of Chav.l^^ 

THE BROCKTON UNION CEMETERY. 

Be it enacted, etc., as follows: 

Chapter 260 of the acts of 1904 is hereby amended by 
striking out section 3 and inserting in place thereof the fol- 
lowing section: — Section 3. Any sums of money received 
as aforesaid or otherwise by said corporation may be in- 
vested in any securities or investments in which, under the 



88 Acts, 1947. — Chaps. 130, 131, 132. 

laws of the commonwealth, trustees appointed by courts of 
the commonwealth are now, or may hereafter be, authorized 
or permitted to invest. Approved March 6, 1947. 

Chap.lSO An Act authorizing the children's hospital to hold 

ADDITIONAL REAL AND PERSONAL ESTATE AND REPEALING 
CERTAIN PROVISIONS OF LAW LIMITING THE NUMBER OF 
PATIENTS AT SAID HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The Children's Hospital, incorporated by 
chapter forty-four of the acts of eighteen hundred and sixty- 
nine, is hereby authorized to hold, for the purposes for 
which it is incorporated, real and personal estate to an 
amount not exceeding twenty-five million dollars in value, 
including the amount which it is already authorized by law 
to hold. 

Section 2. Section 2 of chapter 146 of the acts of 1881 
is hereby repealed. Approved March 6, 1947. 

Chav.lSl An Act relative to the punishment of persons con- 
victed OF certain sexual crimes. 

Be it enacted, etc., as follows: 

G^L. (Ter. SECTION 1. Scctiou 129 of chapter 127 of the General 

§ 129, etc'., Laws, as most recently amended by section 1 of chapter 543 

amended. ^f ^-^^ ^^^^ ^^ jg^g^ jg hereby further amended by adding at 

fenced fo^' ^^^ ^^^ ^^^^ followiug scntencc : — When any person serving 

sex crime a seutcncc imposcd for a violation of section twenty-three 

di'^chriedretc. of chapter two hundred and sixty-five or for an attempt to 

commit the crime referred to in said section twenty-three 

is released in accordance with the provisions hereof, he shall 

not be given any certificate of discharge hereunder, but shall 

be released on parole and shall be subject to the provisions 

of law governing parole until the expiration of the term of 

imprisonment to which he had been sentenced. 

Section 2. This act shall not apply in the case of any 
prisoner serving a sentence upon conviction of a violation 
of said section twenty-three, or upon conviction of an at- 
tempt to commit the crime referred to in said section twenty- 
three, committed prior to the effective date of this act. 

Approved March 6, 1947. 

Chap. 1S2 An Act relative to the recording of certificates evi- 
dencing the dissolution of certain water liens. 

Be it enacted, etc., as follows: 
g^L.jTer. Scctiou 42B of chapter 40 of the General Laws, as most 

§4'2B, etc., recently amended by section 2 of chapter 380 of the acts 
amended. ^^ ^g^^^ -^ j^gj-gj^y further amended by inserting after the 

Acceptanc^e^ fourth scntcuce the following sentence: — Any person ten- 
payment may dcring payment of an unpaid account, rate or charge for 



Acts, 1947. — Chaps. 133, 134, 135. 89 

which a Hen statement has been filed may, as a condition be regulated 
of the acceptance of such tender, be required by such col- ^ ''° ^*^*°'^' 
lector, officer or other person to pay to him the expense of 
recording such certificate; and, when such expense has been 
so paid, such collector, officer or other person shall be deemed 
to be authorized to record such certificate and shall forth- 
with cause the same to be filed for record in the proper 
registry of deeds. Approved March 6, 1947. 

An Act relative to the recording of instruments evi- QJiq/q ^33 
dencing the redemption of land from certain tax 

TITLES. 

Be it enacted, etc., as follows: 

The second paragraph of section 62 of chapter 60 of the g. l. (Ter. 
General Laws, as most recently amended by chapter 231 of §^62.' et'c'., 
the acts of 1941, is hereby further amended by inserting amended. 
before the last sentence the following sentence : — Any per- Condition 
son redeeming land from a tax title held by a city or town hn^'po^ed on 
may, as a condition of redemption, be required by the city person redeem- 

l' , , -i-ii e 1- ing land from 

or town treasurer to pay to him the expense oi recordmg tax title. 
the instrument of redemption; and, when such expense has 
been so paid, such treasurer shall be deemed to be author- 
ized to record such instrument and shall forthwith cause the 
same to be filed for record in the proper registry of deeds. 

Approved March 6, 1947. 



Chap.lS4: 



An Act authorizing the town of swampscott to pay 

TO the beach club and to ABIGAIL F. CURRAN A SUM OF 
MONEY TO REIMBURSE THEM FOR THE CONSTRUCTION OF 
A SEA WALL IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Swampscott is hereby author- 
ized to appropriate the sum of twenty-five hundred dollars 
and to pay twelve hundred and fifty dollars to The Beach 
Club and twelve hundred and fifty dollars to Abigail F. 
Curran to reimburse them for money expended by them in 
connection with the construction of a sea wall in said town. 

Section 2. This act shall take full effect upon its accept- 
ance by said town at its next annual town meeting, but 
not otherwise. Approved March 6, 1947. 

An Act relative to certain fees of sheriffs, deputy fhnrt 1S5 

SHERIFFS AND CONSTABLES. ^' 

Be it enacted, etc., as follows: 

Chapter 262 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 8, as appearing in the Tercentenary fmeAS ^ ^' 
Edition, and inserting in place thereof the following section: 
— Section 8. The fees of sheriffs, deputy sheriffs and consta- sheriffs, etc. 
bles for the service of civil process shall be as follows : — 



90 



Acts, 1947. — Chap. 135. 



Fees for 
service of 
writs, etc. 



Custody 
of personal 
property. 



Attachment 
of real estate, 
etc. 



Service of 
writ of 
replevin. 



For service of an original summons or scire facias, either 
by reading it or by leaving a copy thereof, two dollars for 
each defendant upon whom service is made, except as herein 
otherwise provided. 

For service of a libel for divorce, including copy, five 
dollars. 

For service of a capias, of an attachment with summons 
or of a trustee process, two dollars for each service upon each 
defendant or trustee. 

For service of subpoena in a bill in equity under chapter 
two hundred and fifty-four, fifty cents for each defendant 
upon whom service is made; for each copy of such subpoena, 
thirty cents; for filing an attested copy of such subpoena 
at the registry of deeds, fifty cents. 

For each copy of a supreme judicial, superior, probate 
or land court writ, precept or process, except as herein 
otherwise provided, one dollar. 

For each copy of a district court writ, precept or process, 
fifty cents. 

If the officer by the direction of the plaintiff or his attorney 
makes a special service of a writ or precept, either by attach- 
ing personal property or arresting the body, he shall be 
entitled to one dollar for each defendant upon whom the 
writ is so served, and four dollars additional for custody 
of the body arrested, and at the same rate for each day 
during which he has such custody. If the officer employs an 
assistant in the arrest of the body, he shall be entitled to 
three dollars a day for such assistant. 

For the custody of personal property attached, replevied 
or taken on execution, not more than six dollars for each 
day of not more than eight hours for the keeper while he is 
in charge, and not more than one dollar a day for the officer 
for a period not longer than ten days; but the officer may 
be allowed a greater compensation for himself or for his 
keeper, or compensation for a longer period, by the written 
consent of the plaintiff and the defendant whose property 
has been attached, replevied or taken on execution, or by 
order of the court upon a hearing. He shall also be entitled 
to expenses for packing, labor, teaming, storage and taking 
and preparing a schedule of property attached, replevied 
or taken on execution, if he certifies that such expenses were 
necessary and are reasonable. 

For an attachment on mesne process of land or of any 
leasehold estate, one dollar for each defendant against 
whom an attachment is made, five cents a mile each way 
for travel from the place of service to the registry, and his 
fee for the copy deposited in the registry of deeds or land 
court, together with the recording fees actually paid. 

For a special attachment of real estate, one dollar addi- 
tional for each person against whom an attachment is made. 

For the service of a writ of replevin : for seizure of property, 
two dollars for each defendant; securing and swearing 
appraisers, two dollars, and the actual amount paid to 



Acts, 1947. — Chap. 135. 91 

appraisers, as hereinafter provided; examining and ap- 
proving sureties, one dollar; delivery of property replevied, 
one dollar; for each service, one dollar; for each copy, at 
the rate hereinbefore provided for copies of writs, precepts 
or other processes. 

For a levy on real estate : for preparing and serving notice J;®jy 3°^^^ 
of sale, including copy and travel, three dollars for each 
debtor. 

For preparing and posting notices of sale, six dollars. 

The necessary expenses of advertising. 

For the sale of land or of any leasehold estate, five dollars. 

For preparing, executing and acknowledging deed, five 
dollars. 

For travel, five cents a mile each way from the place 
where he receives the execution to the office of the register 
of deeds, and his fee for the copy. 

For a sale of personal property on mesne process or on saieofper- 

, . , , P i/ . i i ./ i sonal property 

execution the f OllOWmg : on mesne 

For service of a copy of notice to appoint appraisers, one pj'ocess. 
dollar for each person upon whom service is made. 

The necessary expenses of taking and preparing a schedule 
of property proposed to be sold. 

For attendance upon and swearing appraisers, two dollars. 

The amount actually paid to appraisers as hereinafter 
provided. 

For preparing and posting notice of a proposed sale, two 
dollars. 

The necessary expenses of keeper, labor and advertising. 

For custody of property, one dollar a day. 

For services as auctioneer, or for services of an auctioneer 
in selling property, a fair and reasonable amount. 

If the sale is made on execution, poundage may be charged 
as hereinafter provided. 

The fair compensation for the services of an appraiser 
shall not be more than three dollars for each day's service, 
but the officer may be allowed a greater compensation for 
the appraisers by an order of the court. 

For each adjourrmient of sale of real or personal property, 
two dollars. 

For taking bail and furnishing and writing the bail bond, 
one dollar, which shall be paid by the defendant, and taxed 
in his bill of costs, if he prevails. 

For serving an execution in a personal action by copy serving 
and demand on debtor or on trustee, two dollars and travel, ^o^^^ige^' 
if the execution is not collected in whole or in part; for 
serving an execution in a personal action, and collecting 
damages or costs on an execution, warrant of distress or 
other hke process, for an amount not exceeding one hundred 
dollars, four cents for every dollar; all above one hundred 
dollars, and not exceeding five hundred dollars, two cents 
for every dollar; and all above five hundred dollars, one 
cent for every dollar; but such percentage shall be allowed 
only upon the amount actually collected. A levy of the 



92 



Acts, 1947. — Chap. 135. 



Serving writ 
of seisin. 



Serving execu- 
tion upon 
judgment. 

Serving writ 
of capias. 

Serving writ of 
habeas corpus. 

Serving a 
venire. 



Dispersing 

warrants. 

Travel. 



Serving crim- 
inal process. 



execution upon his body shall be considered, so far as the 
fees of the officer are material, a full satisfaction of the execu- 
tion if the debtor has recognized with surety or sureties as 
required by law. 

For serving a writ of seisin or possession in a real action, 
five dollars for each parcel. 

For serving an execution upon a judgment for partition, 
or for assignment of dower or curtesy, one dollar a day. 

For serving a writ of capias in a civil proceeding, five 
dollars. 

For serving a writ of habeas corpus, five dollars, together 
with the fee for service and copy. 

For serving a venire or notice to jurors for attendance 
upon any court, civil or criminal, one dollar for each person 
upon whom the service is made. 

For summoning witnesses, one dollar for each person 
upon whom service is made, and fifty cents for each copy 
served, together with the fee paid to the witness. 

For dispersing treasurer's warrants and proclamations 
of all kinds, eight cents each, without allowance for travel. 

For travel in the service of original writs, executions, 
warrants, summonses, subpoenas, notices and like processes, 
five cents a mile each way, to be computed from the place 
of service to the court or place of return; and if the same 
precept or process is served upon more than one person, the 
travel shall be computed from the most remote place of 
service, with such further travel as was necessary in serving 
it; if the distance from the place of service to the place of 
return exceeds twenty and does not exceed fifty miles, five 
cents a mile one way only shall be allowed for all travel 
exceeding twenty miles, and, if it exceeds fifty miles, only 
one cent a mile one way shall be allowed for all travel ex- 
ceeding that distance. 

For travel in the service of venires and notices to jurors, 
five cents a mile for the distance actually traveled. 

For serving criminal process, as follows: 

For serving a warrant of capias in a criminal proceeding, 
fifty cents, and of a summons upon the defendant, ten cents, 
for each person upon whom the same is served. 

For a copy of a mittimus, warrant or other precept re- 
quired by law in criminal cases, twenty-five cents. 

For travel in summoning witnesses in criminal cases, ten 
cents a mile each way for a distance of not more than twenty 
miles, and for any excess over twenty miles, five cents a mile 
each way, and no more. The distance shall be computed 
from the most remote place of service to the place of return, 
but upon a subpoena the court shall reduce the fee for travel 
to a reasonable amount for the service performed if the 
travel charged has not been actually performed by the officer 
who made the service. Approved March 6, 1947. 



Acts, 1947. — Chaps. 136, 137. 93 



An Act authorizing the town of natick to retire Chap.lSQ 

FRANCIS A. LYNCH, AN EMPLOYEE OF ITS TREE AND MOTH 
DEPARTMENTS. 

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 
account of accidental disability, under the contributory 
retirement system of said town, Francis A. Lynch, an em- 
ployee of its tree and moth departments, who was injured 
on March ninth, nineteen hundred and thirty-three, while 
in the performance of his duties, notwithstanding that such 
injuries were incurred prior to the time when said retirement 
system became operative. 

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

Approved March 8, 1947. 



An Act relative to the pay rolls, bills and accounts (Jji^rp ^37 
FOR salary or compensation of persons in the service ^' 

OR employment OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Chapter 210 of the acts of 1908 is hereby 
amended by striking out section 1, as most recently amended 
by chapter 332 of the acts of 1909, and inserting in place 
thereof the following section : — Section 1 . It shall be 
unlawful for the treasurer or other fiscal officer of the city of 
Boston to pay any salary or compensation to any person 
in the service or employment of the city unless the pay roll, 
bill or account for such salary or compensation shall bear 
the certificate of the city auditor, or of his authorized agent, 
that there is on file in the office of the city auditor a pre- 
liminary pay roll, bill or account for such salary or com- 
pensation which is of like tenor and bears the certificate of 
the director of civil service, or his authorized agent, that the 
persons named in such pay roll, bill or account have been 
appointed, employed, transferred or promoted in accordance 
with the civil service law and rules so far as the same are 
apphcable, or, in case of doubt, that the director authorizes 
the payment of such salary or compensation for the time 
being; provided, that the director may certify, and the 
treasurer or other fiscal oflficer of the city of Boston may 
thereafter pay, for a term not exceeding thirty days, the 
regular compensation, or any part thereof, to any laborer 
in the service or employment of the city of Boston who, by 
reason of accident or injury occurring while he was in the 
performance of his duties and in the exercise of due care, has 
become incapacitated to perform the ordinary duties of his 
employment. But no such payment shall be made except 
upon the certificate of the city physician, the sworn state- 
ment of the head of the department, both stating that the 



94 Acts, 1947. — Chap. 138. 

employee is incapacitated as above, and the approval of the 
mayor. 

Section 2. Said chapter 210 is hereby further amended 
by striking out section 2, as most recently amended by 
chapter 334 of the acts of 1945, and inserting in place thereof 
the following section: — Section 2. Every such preliminary 
pay roll, bill or account, before the certificate of the director of 
civil service or his authorized agent is affixed thereto, shall 
be sworn to by the head of the department, or by the person 
who is immediately responsible for the appointment, em- 
ployment, promotion or transfer, of the persons named 
therein, and shall contain, in addition to such other informa- 
tion as the director of civil service or his authorized agent 
may require, the following information : — First, name of 
each employee; second, title of office or position in which 
actually employed; third, salary, wages or other compensa- 
tion; fourth, dates of employment. Every such preHminary 
pay roll, bill or account shall be in such form as the director 
of civil service or his authorized agent may require. 

Section 3. Said chapter 210 is hereby further amended 
by striking out section 3 and inserting in place thereof the 
following section : — Section 3. Any person who is entitled 
to receive the certificate of the director of civil service to the 
treasurer as having been appointed, employed, transferred 
or promoted in accordance with the civil service law and 
rules, and who is refused such certificate, and any person 
who has so been certified and whose name has illegally been 
removed from a pay roll by reason of suspension or discharge 
by any officer or board in charge of a department, may file 
a petition in the form of mandamus in the superior or supreme 
judicial court to compel the officer or board in charge of 
such department to reinstate such person, or to compel 
the director of civil service to issue such certificate. 

Approved March 8, 1947. 



Chap.lSS An Act relative to questions appearing upon ballots 

AT STATE AND MUNICIPAL ELECTIONS. 

Be it enacted, etc., as follows: 

Ed^'sl^new Section 1. Chapter 54 of the General Laws is hereby 
§4'2A. a'ddld. amended by inserting after section 42 the following section: 
Questions — Scction Jf2A . The state secretary and the city or town 
baiiotrafs°tate clerks shall cause each question appearing upon ballots 
ekctSns ''^'''''^ prepared by them to be designated as follows : — Questions 
reguiat°ed. Submitted to the people under Article XL VIII of the Amend- 
ments to the constitution of the commonwealth shall appear 
first in order upon the ballot, numbered consecutively and 
the first such question so appearing shall be designated by 
the numeral 1; additional questions shall follow numbered 
so that all questions appearing upon such ballot shall be 
numbered consecutively. The questions required to be 
placed upon the official ballot at a biennial state election by 



Acts, 1947. —Chap. 138. 



95 



section eleven of chapter one hundred and thirty-eight shall 
be numbered as a single question having three parts, and 
the questions required to be placed upon the official ballot 
at such an election by section fourteen of chapter one hundred 
and twenty-eight A shall be numbered as a single question 
having two parts. 

Section 2. Chapter 128A of the General Laws is hereby g. l. (Ter. 
amended by striking out section 14, as most recently amended f 'Ji' eS^' 
by chapter 282 of the acts of 1938, and inserting in place amended'.' 
thereof the following section: — Section 14- Licenses shall ^"g^untiea^on 
not be granted under this chapter for the holding or con- horse and dog 
ducting of any horse racing meeting or any dog racing meet- ■''''''"«• 
ing within any county unless a majority of the registered 
voters of such county voting on the questions of granting 
such licenses when said questions were last submitted to 
them, as hereinafter provided, have voted in the aflfirmative. 

The state secretary shall cause to be placed on the official 
ballot to be used in the cities and towns at the biennial 
state election in the year nineteen hundred and fifty, and 
in every fourth year thereafter, the following subdivided 
question : 

A. Shall the pari-mutuel system of betting 
on licensed horse races be permitted in this 
county? 



TBS. 




MO. 






YES. 




MO. 





B, Shall the pari-mutuel system of betting 
on licensed dog races be permitted in this 
county? 

If a majority of the votes cast in a county in answer to 
subdivision A are in the affirmative, such county shall be 
taken to have authorized the licensing of horse races therein 
at which the pari-mutuel system of betting shall be permitted. 

If a majority of the votes cast in a county in answer to 
subdivision B are in the affirmative, such county shall be 
taken to have authorized the licensing of dog races therein 
at which the pari-mutuel system of betting shall be per- 
mitted. 

Section 3. Chapter 138 of the General Laws is hereby 
amended by striking out section 11, as amended by section 1 
of chapter 207 of the acts of 1936, and inserting in place ^-n^nded. 
thereof the following section: — Section 11. The state sec- Formofques- 
retary shall cause to be placed on the official ballot used in piaced°on^ 
the cities and towns at each biennial state election the fol- taiiot. 
lowing subdivided question: 

A. Shall licenses be granted in this city (or town) for the 
sale therein of all alcoholic beverages (whisky, 
rum, gin, malt beverages, wines and all other 
alcoholic beverages)? 

B. Shall licenses be granted in this city (or town ) for 
the sale therein of wines and malt beverages 
(wines and beer, ale and all other malt bever- 
ages)? 



G. L. (Ter. 
Ed.), 138, 
§ 11, etc., 



TBS. 




NO. 





YES. 




NO. 





™. 




NO. 





96 Acts, 1947. — Chap. 139. 

C. Shall licenses be granted in this city (or town) for 
the sale therein of all alcoholic beverages in 
packages, so called, not to be drunk on the 
premises? 

If a majority of the votes cast in a city or town in answer 
to subdivision A is in the affirmative, such city or town shall, 
irrespective of the result of the votes in answer to sub- 
divisions B and C, be taken to have authorized, for the two 
calendar years next succeeding, the retail sale in such city 
or town of all alcoholic beverages to be drunk on and off 
the premises where sold, in accordance with the provisions 
of this chapter. 

If a majority of the votes cast in a city or town in answer 
to subdivisions A and C is not in the affirmative, but a 
majority thereof in answer to subdivision B is in the affirm- 
ative, such city or town shall be taken to have authorized, 
for said calendar years, the retail sale therein of wines and 
malt beverages only to be drunk on and off the premises 
where sold, in accordance with the provisions of this chapter. 

If a majority of the votes cast in a city or town in answer 
to subdivision A and to subdivision B is not in the affirm- 
ative, but a majority thereof in answer to subdivision C is 
in the affirmative, such city or town shall be taken to have 
authorized, for said calendar years, the retail sale therein 
of all alcoholic beverages but only in packages, so called, 
not to be drunk on the premises where sold, in accordance 
with the provisions of this chapter. 

If a majority of the votes cast in a city or town in answer 
to subdivision A is not in the affirmative but a majority 
thereof in answer to subdivisions B and C is in the affirm- 
ative, such city or town shall be taken to have authorized, 
for said calendar years, the retail sale therein of wines and 
malt beverages to be drunk on and off the premises where 
sold, and also the sale of all other alcoholic beverages but 
only in packages, so called, not to be drunk on the premises 
where sold, in accordance with the provisions of this chapter. 

Approved March 8, 1947. 

C/iap. 139 An Act authorizing the city of brockton to pension 

M. JOSEPHINE ARMITAGE. 

Be it enacted, etc., asfolloivs: 

For the purpose of promoting the public good and in 
consideration of her long and meritorious service, the city of 
Brockton may pension M, Josephine Armitage, who served 
the city faithfully from nineteen hundred and twenty-seven 
until nineteen hundred and forty-six as a policewoman in 
its police department. The amount of such pension per 
annum shall equal one half the annual salary received by 
her at the time of her termination of service and shall be 
paid in equal monthly instalments. 

Approved March 8, 1947. 



Acts, 1947. — Chaps. 140, 141, 142. 97 



An Act authorizing the quincy savings bank to make (JJiav.l^O 

FURTHER INVESTMENTS IN THE PURCHASE AND IMPROVE- ^' 

MENT OF REAL ESTATE IN THE CITY OF QUINCY TO BE USED 
FOR THE TRANSACTION OF THE BUSINESS OF SAID BANK. 

Be it enacted, etc., as follows: 

Section 1. The Quincy Savings Bank, incorporated by- 
chapter one hundred and fifty-six of the acts of eighteen 
hundred and forty-five, subject to the approval of the com- 
missioner of banks, may invest in the purchase of real estate 
in the city of Quincy and in the erection and preparation of 
a suitable building or buildings on land so purchased or in 
the alteration or renovation of any building located thereon, 
or in the erection and preparation of a suitable building or 
buildings on land in said city now owned by said bank or 
in the alteration or renovation of any building located 
thereon, to be used in whole or in part for the transaction 
of its business, a sum not exceeding two hundred and sixty 
thousand dollars, in addition to any sums which said bank 
has heretofore been authorized to invest in land or buildings 
for such use and any sums received from any sale or taking 
of any part of such land or building; provided, that nothing 
contained herein shall be construed as authorizing an invest- 
ment by said bank in real estate for such use exceeding, in 
the aggregate, the sum of four hundred and sixty thousand 
dollars. 

Section 2. This act shall take effect upon its passage. 
Approved March 11, 1947. 

An Act requiring the acceptance of his nomination Chaj)'14:l 

BY ANY CANDIDATE FOR AN ELECTIVE OFFICE NOMINATED 
BY CAUCUS OR CONVENTION, 

Be it enacted, etc., as follows: 

Section 5 of chapter 53 of the General Laws, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby amended by adding amended.^ ^' 
at the end the following paragraph : — 

No such certificate of nomination shall be received or be written accept- 
valid unless the written acceptance of the candidate or can- """^ reqmred. 
didates thereby nominated shall be filed therewith. 

Approved March 11, 1947. 

An Act to authorize savings banks to purchase and ChaV'14^2 

HOLD AND TO IMPROVE REAL ESTATE FOR HOUSING PRO J- 
ECTS THEREON, AND TO OPERATE AND MAINTAIN SUCH 
PROJECTS. 

Be it enacted, etc., as follows: 

Section 54 of chapter 168 of the General Laws, as amended, gj^- [J^^- 
is hereby further amended by inserting after clause Twelfth § 54,' etc..' 
the following clause : — "'"'"'^"'^• 

Twelfth A. Subject to such regulations as the commis- investments in 
sioner deems necessary or advisable, any such corporation, ho^iLing^lfro^ 



Acts, 1947. — Chap. 143. 



ects not to 
exceed three 
per cent of 
its deposits. 



either alone or in conjunction with one or more such corpo- 
rations, may exercise the powers granted to domestic Ufe in- 
surance companies by section sixty-six A of chapter one hun- 
dred and seventy-five; provided, that no investment shall 
be made by such a corporation under this clause if thereby 
the total amount invested by it thereunder would exceed 
three per cent of its deposits. Approved March 11, 1947. 



G. L. (Ter. 
Ed.). 178, new 
§§ 32 and 33, 
added. 

Treasurers of 
savings banks 
are incorpora- 
tors of corpo- 
ration called 
Savings Bank 
Life Insurance 
Council. 



Chap. 14:3 An Act creating the savings bank life insurance 

COUNCIL AND DEFINING ITS POWERS AND DUTIES AND THE 
POWERS OF SAVINGS AND INSURANCE BANKS WITH REFER- 
ENCE THERETO. 

Be it enacted, etc., as follows: 

Chapter 178 of the General Laws is hereby amended by 
adding at the end the two following sections : — Section 32. 
The treasurers for the time being of all savings banks which 
have established insurance departments under the laws of 
the commonwealth on the effective date of this section shall 
be the incorporators of, and are hereby constituted, a cor- 
poration under the name of Savings Bank Life Insurance 
Council, hereinafter and in section thirty-three referred to 
as the council. The treasurer of any savings bank which 
after said effective date establishes an insurance department 
shall thereupon become an incorporator. The board of in- 
vestment of any savings and insurance bank may, at any 
time, designate an officer other than the treasurer to act as 
an incorporator. The successors from time to time of the 
treasurer, or such other officers as may have been duly desig- 
nated in the manner above provided, shall for the purposes 
of this section, be incorporators in place of their predecessors. 

The council shall be managed by its officers and a board 
of nine directors. By-laws for the conduct of the business 
of the council shall be adopted by the incorporators. Such 
by-laws shall designate the officers, define the powers and 
duties of the officers and directors, specify the time and place 
of all meetings of the council, and may provide for such 
committees as seems advisable. The officers and directors 
shall be elected by the incorporators, initially at any time 
after said effective date, and annually thereafter at a time 
fixed in the by-laws. The directors may fill vacancies among 
the officers and in the board until the next election. 

The council shall have all the powers specifically provided 
in this section and all the general corporate powers incident 
thereto. The council, subject to the provisions of this chap- 
ter, may furnish savings and insurance banks, their agencies 
and policyholders, with such services as the directors may 
deem necessary for the efficient prosecution of the business, 
provided said council shall not employ solicitors of insurance 
or persons to make house to house collections of premiums. 
When authorized by the trustees of a savings and insurance 
bank, the council may act as agent for the receipt of funds 
and for making payments due under policies of insurance 



By-laws. 



Powers, etc 



Acts, 1947. —Chap. 144. 99 

and contracts of annuities issued by such bank. Expenses 
of the council shall be paid by the savings and insurance 
banks and shall be apportioned among them by the directors 
in a manner approved by the state actuary. 

Section 33. The council shall annually, within sixty days statement to 
after the last business day of October, submit to the incor- councu wfth 
porators and file with the commissioner of insurance and commissioner 

1 . . r 1 1 • 1 1. °' insurance 

the commissioner of banks a statement, in such form as and commis- 
said commissioners shall prescribe, showing its receipts and '"°"^'' °^ ''*"''^' 
disbursements for the twelve months period ending on Octo- 
ber thirty-first and such other information concerning its 
transactions as said commissioners may require. Said com- 
missioners shall at any time have full access to the books 
and records of the council for the purpose of examining its 
affairs and transactions. Approved March 11, 191^7. 



An Act to permit the Massachusetts state guard nhdjy 144 

VETERANS TO PARTICIPATE IN THE APPROPRIATION FOR ^' 
THE DECORATION OF GRAVES. 

Whereas, The deferred operation of this act would tend ^^l]^:^^^^ 
to defeat its purpose, which is in part to authorize Massa- ^^^^^ 
chusetts state guard veterans to participate in the appro- 
priation for the decoration of graves on Memorial Day in the 
current year, therefore it is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Clause (12) of section 5 of chapter 40 of the General Laws, q. l. (Ter. 
as most recently amended by section 2 of chapter 409 of the f^l.^^ttl'; 
acts of 1946, is hereby further amended by striking out, in amended. 
Unes 14, 15 and 16, the words "soldiers, sailors and marines 
who served in the army, navy or marine corps of the United 
States in time of war or insurrection" and inserting in place 
thereof the words: — persons who served as aforesaid, — so 
as to read as follows : — 

(12) For erecting headstones or other monuments at the Power to make 
graves of persons who served in the war of the revolution, the appropriations, 
war of eighteen hundred and twelve, the Seminole war, the 
Mexican war, the war of the rebellion or the Indian wars or 
who served in the military or naval service of the United 
States in the Spanish American war or in World war I or in 
World war II, or who served in the military service of the 
commonwealth in time of war; for acquiring land by pur- 
chase or by eminent domain under chapter seventy-nine, pur- 
chasing, erecting, equipping or dedicating buildings, or con- 
structing or dedicating other suitable memorials, for the 
purpose of properly commemorating the services and sacri- 
fices of persons who served as aforesaid; for the decoration 
of the graves, monuments or other memorials of persons who 
served as aforesaid and the proper observance of Memorial 
Day and other patriotic holidays under the auspices of the 



100 Acts, 1947. — Chaps. 145, 146. 

following : — local posts of the Grand Army of the Republic, 
United Spanish War Veterans, The American Legion, Veter- 
ans of Foreign Wars of the United States and Jewish War 
Veterans of the United States, and of the American Veterans 
of World War II, AMVETS — Department of Massachu- 
setts, local chapters of the Disabled American Veterans of 
the World War, local units of the Massachusetts State 
Guard Veterans, Kearsarge Association of Naval Veterans, 
Inc., local garrisons of the Army and Navy Union of the 
United States of America, local chapters of the Massachu- 
setts Society of the Sons of the American Revolution, local 
detachments of the Marine Corps League, local clubs of the 
Yankee Division Veterans Association, local camps or other 
duly organized units of the Sons of Union Veterans of the 
Civil War or local tents of The Daughters of Union Veterans 
of the Civil War, and The Society of the War of 1812 in the 
Commonwealth of Massachusetts (Incorporated); or for 
keeping in repair graves, monuments or other memorials 
erected to the memory of such persons or of the firemen and 
policemen of the town who died from injuries received in 
the performance of their duties in the fire or police service 
or for decorating the graves of such firemen and policemen 
or for other memorial observances in their honor. Money 
appropriated in honor of such firemen may be paid over to, 
and expended for such purposes by, any veteran firemen's 
association or similar organization. 

Approved March IS, 1947. 

Chap. 14:5 An Act relative to the office of chairman of the 

SCHOOL committee OF THE CITY OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. Chapter 25 of the acts of 1883 is hereby 
repealed. 

Section 2. This act shall take effect upon its passage. 
Approved March 12, 1947. 

Chap.146 An Act relative to annual vacations and sick leave 

allowances FOR POLICE OFFICERS IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The police commissioner for the city of 
Boston shall grant to members of the police department of 
said city annual vacations, without loss of pay, as follows: — 

For less than one year's service, a vacation allowance of 
one day for each month of service ; 

For service of one year or more, but not more than ten 
years, a vacation allowance of two weeks; 

For service of ten years or more, but not more than 
twenty years, a vacation allowance of three weeks; 

For service of twenty years or more, a vacation allowance 
of four weeks. 



Acts, 1947. — Chap. 146. 101 

Section 2. The assignment of vacation periods shall be 
arranged by said commissioner for such time or times as best 
serve the pubhc interest. Vacation allowances may not be 
accumulated from one vacation year to another without 
authorization of said commissioner. Absences on account 
of sickness in excess of those authorized by this act may, at 
the discretion of said commissioner, be charged to vacation 
allowance. 

Section 3. A member of said police department whose 
services have been terminated through resignation, retire- 
ment or dismissal, except dismissal for cause, prior to re- 
ceiving a vacation in any year to which he would otherwise 
be entitled may be granted salary in heu of any vacation not 
received. Any such member reinstated or on leave of 
absence without pay may be credited with his vacation 
status at the termination of his previous service and al- 
lowed such proportion of his vacation under section one as 
his actual service bears to full time for the same vacation 
year, except that employees in military service shall be al- 
lowed full vacation credit. 

Section 4. Members of said pohce department shall, 
after completing six months of continuous service, be al- 
lowed sick leave with pay for periods not to exceed fifteen 
working days annually for each year of service thereafter. 
Sick leave not used in any year may be accumulated, but in 
no event to exceed ninety days, except that further sick 
leave may be granted in special cases by signed authoriza- 
tion of said commissioner. Sick leave with pay shall be 
granted to said members only when they are incapacitated 
for the performance of their duties by sickness, injury, ex- 
posure to contagious diseases or by serious illness or death of 
members of their immediate family. Notification of such 
absences shall, where conditions warrant, be given as early 
as possible on the first day of absence. If such notification 
is not given, such absence may, at the discretion of said com- 
missioner, be applied to vacation leave or leave without pay. 
For periods of absence of five working days or more or a 
total number of days absence which exceeds ten working 
days in any one calendar year, said commissioner may re- 
quire evidence in the form of a physician's certificate of the 
necessity for such absence. If such certificate is not filed 
within seven days after a request therefor, such absence may 
be apphed, at the discretion of said commissioner, to vaca- 
tion leave or leave of absence without pay. 

Section 5. Members of said police department whose 
service is terminated through death, resignation, retirement 
or dismissal shall not be entitled to compensation in lieu of 
any leave not taken. Any of such members who are rein- 
stated may be credited with accrued sick leave due them at 
the termination of their previous service. 

Section 6. Said police department shall keep a register 
showing records of vacations, both accrued and granted, and 
records of attendance, for each member in such form as 



102 Acts, 1947. —Chaps. 147, 148. 

directed by the budget department. The information on 
such register shall be transmitted to said budget department 
upon request. 

Section 7. Upon the effective date of this act, all mem- 
bers of said police department shall be allowed a prior service 
sick leave credit equivalent to seven and one half working 
days per year for each prior year of service, but in no event 
to exceed ninety days. 

Section 8. This act shall take full effect upon its ac- 
ceptance by vote of the city council of said city, subject to 
the provisions of its charter, but not otherwise. 

Approved March 12, 1947. 

Chap.147 An Act authorizing the appointment to the permanent 

FORCE OF THE FIRE DEPARTMENT OF THE TOWN OF NATICK 
OF CERTAIN CALL MEN IN SAID DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1. The town of Natick may, on the recom- 
mendation of the chief of the fire department, promote to 
membership in the permanent force thereof any person in 
the call fire department of said town who shall have served as 
call man for five or more successive years and has not passed 
his forty-fifth birthday; provided, that he is certified by the 
town physician to be competent physically for duty. No 
person promoted hereunder shall be required to serve any 
probationary period. 

Section 2. This act shall be submitted to the voters of 
said town at the annual town meeting in the year nineteen 
hundred and forty-eight in the form of the following ques- 
tion, which shall be placed upon the official ballot to be used 
for the election of town officers at said meeting: "Shall an 
act passed by the General Court in the year nineteen hun- 
dred and forty-seven, entitled 'An Act authorizing the ap- 
pointment to the permanent force of the fire department of 
the town of Natick of certain call men in said department', 
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 March 12, 1947. 

Chap.l'iS An Act increasing the powers of boards of health 

WITH RESPECT TO THE SUPPLYING OF WATER FOR DOMESTIC 
PURPOSES IN PLACES OF HABITATION AND IN PLACES WHERE 
THE PUBLIC IS FURNISHED FOOD OR DRINK. 

Be it enacted, etc., as follows: 

Ed^'iuTnew Chapter 111 of the General Laws is hereby amended by 
§ ii22A, added, inserting after section 122 the following section: — Sec- 
Board of tion 122 A. Upon determination by the board of health that 
regiiat™*^ the available supply of water for drinking, culinary and 
water supply, other domestic purposes in any place of habitation, or in 



Acts, 1947. — Chap. 149. 103 

any place where food or drink is prepared, handled or served 
to the public, is so unsafe or inadequate as to constitute a 
nuisance within the meaning of this chapter, said board may 
issue a written order to the owner of such place, as appearing 
in the current records of the assessors, requiring him to dis- 
continue the use of the water supply, or, at his option, to 
provide such place with a water supply safe and adequate 
for such purposes. Any person who wilfully fails or refuses Penalty, 
to comply with such an order shall be punished by a fine of 
not less than fifty dollars, and the board may thereupon 
cause the removal of the occupants of the place to which the 
order relates, which shall not again be occupied as a place 
of habitation or place in which food or drink is prepared, 
handled or served to the public, without its written per- 
mission. The superior court, on a petition in equity brought 
by said board, shall have jurisdiction by injunction or other- 
wise to enforce any order issued under this section. 

Approved March 12, 191^7. 



An Act further providing for the continuation of the Qy^jry ^40 

PRESENT LAWFUL USE OF CERTAIN BUILDINGS PENDING THE ^' 

ISSUANCE OF CERTAIN CERTIFICATES OF INSPECTION. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to continue for a further period p''^*'"^^^- 
of one year from March first of the current year the pro- 
visions of the law hereby amended, 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 3 of the acts of 1944 is hereby amend- 
ed by striking out section 1, as amended, and inserting in 
place thereof the following section : — Section 1 . Any acknowl- 
edgment of an application to an inspector, as such term is de- 
fined in section one of chapter one hundred and forty-three 
of the General Laws, for a certificate of inspection under 
section twenty-eight of chapter one hundred and forty-three 
of the General Laws, as amended, which shall have been 
renewed as provided in section twenty-nine of said chapter 
one hundred and forty-three, as amended, may be further 
renewed at any time "before March first, nineteen hundred 
and forty-eight in like manner and with like effect for such 
further periods of not more than ninety days each as cir- 
cumstances may require, pending the granting or refusal of 
the certificate. Such an acknowledgment may be revoked 
by an inspector, without a hearing and without the assign- 
ment of any cause therefor, at any time when in his opinion 
the public safety requires. 

Section 2. This act shall take effect as of March first in 
the current year. Approved March H, 191^7 . 



104 Acts, 1947. —Chaps. 150, 151, 152. 



Chav.150 ^ Act authorizing the town of upton to borrow 

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 originally 
equipping and furnishing a school building, the town of 
Upton 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 twenty thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Upton 
School Loan, Act of 1947. 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, exclusive of the limitation 
contained in the first paragraph of section seven thereof. 

Section 2. This act shall take effect upon its passage. 
Approved March 14, 1947. 



Chap. 151 An Act authorizing the barnstable fire district to 

MAKE AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows. • 

Section 1. For the purpose of extending its water mains 
and improving its water distribution facilities, the Barnstable 
fire district may borrow, from time to time within five years 
from the passage of this act, such sums as may be necessary, 
not exceeding, in the aggregate, twenty-five thousand dol- 
lars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Barnstable Fire District Loan, 
Act of 1947. Each authorized issue shall constitute a sepa- 
rate loan, and such loans shall be paid in not more than ten 
years from their dates. Indebtedness incurred under 
authority of this act shall be included in the debt limit fixed 
by the last paragraph of section eight of chapter forty-four 
of the General Laws and debt incurred hereunder shall, 
except as otherwise provided in this act, be subject to said 
chapter. 

Section 2. This act shall take effect upon its passage. 
Approved March I4, 1947. 



Chap. 152 An Act authorizing the town of leverett to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing a consoli- 
dated school building and originally equipping and furnish- 
ing the same, the town of Leverett may borrow from time 



Acts, 1947. — Chap. 153. 105 

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, sixteen thousand dollars, and may issue bonds or 
notes therefor, which shall bear on their face the words, 
Leverett Consolidated School Loan Act of 1947. 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 pro- 
vided, 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 March 14, 1947. 

An Act relative to sewerage systems in the town of Qfidj^ 153 

FALMOUTH. ^' 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 288 of the acts of 1928 
is hereby amended by inserting after the word "part" in 
line 3 the words : — or parts, — by inserting after the word 
"harbor" in line 8 the words: — or Vineyard Sound, or 
both, — and by inserting after the word "system" in Hnes 
5 and 9, in each instance, the words: — or systems, — so as 
to read as follows : — Section 1 . The town of Falmouth may 
lay out, construct, maintain and operate a system or systems 
of main drains and common sewers for a part or parts or the 
whole of its territory, with such connections and other works 
as may be required for a system or systems of sewage dis- 
posal; may construct such drains or sewers over and/or 
under land or tide water in said town as may be necessary 
to conduct the sewage to Great harbor or Vineyard Sound, 
or both; may establish filter beds for the treatment of the 
sewage collected by said system or systems; and, for the 
purpose of providing better surface or other drainage, guard- 
ing against pollution of waters and otherwise protecting the 
public health, may lay, make and maintain such drains as 
it deems best. For the purposes aforesaid the town may, 
within its limits, deepen, widen and clear of obstruction any 
brook, stream or water course, and may straighten or alter 
the channel or divert the water thereof, and may make and 
maintain sub-drains, and, with the approval of the state de- 
partment of public health, discharge such water into any 
brook, stream or water course within the town. 

Section 2. Section 2 of said chapter 288 is hereby 
amended by striking out the first sentence and inserting in 
place thereof the following sentence : — The town, at any 
meeting at which it is voted to establish such sewerage sys- 
tem or systems, may vote that the selectmen shall act as a 
board of sewer commissioners, and when acting as such shall 
have all the powers and authority given to the board of 
sewer commissioners by this act or by general law. 



106 Acts, 1947. — Chaps. 154, 155. 

Section 3. Section 6 of said chapter 288, as amended by- 
section 1 of chapter 68 of the acts of 1931, is hereby further 
amended by striking out the first sentence and inserting in 
place thereof the following sentence : — For the purpose of 
paying the necessary expenses and liabilities incurred or to 
be incurred by said town under this act, it may borrow from 
time to time, within five years from January first, nineteen 
hundred and forty-seven, such sums as may be necessary, 
not exceeding, in the aggregate, five hundred thousand dol- 
lars, and may issue bonds or notes therefor, which shall bear 
on their face the words, Falmouth Sewer Loan, Act of 1928. 

Section 4. This act shall take effect upon its passage. 
Approved March 14, 1947. 

ChaV.154: "^N ^^^ TEMPORARILY REVIVING GRAHAM COMPANY FOR THE 
SOLE PURPOSE OF CONVEYING CERTAIN PROPERTY. 

Emergency Wheretts, The deferred operation of this act would delay 

preamble. ^^^ corporatiou revivcd thereby in resuming the exercise of 
its former corporate powers to the extent provided thereby, 
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: 

Graham Company, a corporation dissolved by section one 
of chapter fifty-four of the acts of nineteen hundred and 
thirty-six, is hereby revived and continued for a period of 
two years for the sole purpose of conveying and transferring 
certain property of the corporation. 

Approved March 14, 1947. 

Chav.ldd An Act authorizing the city of Worcester to borrow 

MONEY FOR CONVERTING PRIVATE WAYS INTO PUBLIC WAYS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of converting private ways 
into public ways and the laying out and constructing thereof, 
the city of Worcester may borrow, from time to time within 
a period of five years from the passage of this act, such sums 
as may be necessary, not exceeding, in the aggregate, two 
million five hundred thousand dollars, and may issue bonds 
or notes therefor, which shall bear on their face the words, 
Worcester Street Improvement Loan, Act of 1947. 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 pro- 
vided from taxes or other sources of revenue of the year 
when authorized. Indebtedness incurred under this act shall 
be in excess of the amount authorized by chapter two hun- 
dred and eleven of the Special Acts of nineteen hundred and 



Acts, 1947. — Chaps. 156, 157, 158. 107 

sixteen, as amended by chapter one hundred and thirty- 
eight of the acts of nineteen 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. 
Section 2. This act shall take effect upon its passage. 
Approved March 14, 1947. 

An Act validating the action of the county commis- Chap.156 

SIGNERS OF BARNSTABLE COUNTY AND THE TREASURER OF 
BARNSTABLE COUNTY IN PURCHASING CERTAIN FUEL AND 
PAYING FOR THE SAME IN THE ABSENCE OF A CONTRACT. 

Be it enacted, etc., as follows: 

Section 1. The action of the county commissioners of 
Barnstable county, in purchasing certain fuel between De- 
cember twenty-seventh, nineteen hundred and forty-five, 
and August second, nineteen hundred and forty-six, in the 
absence of a contract required by section seventeen of chap- 
ter thirty-four of the General Laws, and the action of the 
county treasurer of said county in making payments for 
said fuel, is hereby validated. 

Section 2. This act shall take effect upon its passage. 
Approved March 14, 1947. 

An Act advancing the date of the biennial municipal (Jfidj) 157 

election in the CITY OF HAVERHILL. 

Be it enacted, etc., as follows: 

Section L Section 1 of chapter 139 of the acts of 1943 
is hereby amended by striking out, in line 5, the word 
"December" and inserting in place thereof the word: — 
November, — so as to read as follows : — Section 1 . Begin- 
ning with the year nineteen hundred and forty-seven, mu- 
nicipal elections in the city of Haverhill for the choice of 
mayor, aldermen and members of the school committee shall 
be held biennially on the Tuesday next following the first 
Monday of November in each odd numbered year. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the municipal 
council of the city of Haverhill, but not otherwise. 

Approved March I4, 1947. 

An Act establishing the compensation of the mayor (Jfidj) \^g 
and the other members of the city council of the ^' 

city of lawrence. 

Be it enacted, etc., as follows: 

Section 1. Section 52 of Part H of chapter 621 of the 
acts of 1911 is hereby amended by striking out, in lines 1 
and 2, the words "thirty-five hundred" and inserting in 
place thereof the words : — six thousand, — and by striking 



108 Acts, 1947. — Chaps. 159, 160. 

out, in line 4, the word "twenty-five" and inserting in place 
thereof the word: — forty-five, — so as to read as follows: — 
Section 52. The salary of the mayor shall be six thousand 
dollars per annum, and the salary of each of the remaining 
four members of the city council shall be forty-five hundred 
dollars per annum. These salaries shall be payable in equal 
monthly installments. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Lawrence at the regular 
municipal election in the current year in the form of the fol- 
lowing question, which shall be placed upon the official bal- 
lot to be used at said election: — "Shall an act of the general 
court passed in the current year providing that the salary of 
the mayor of this city shall be six thousand dollars per 
annum, and that the salary of each of the other members of 
the city council thereof shall be forty-five hundred dollars 
per annum, be accepted?" If a majority of the votes in 
answer to said question is in the affirmative, then this act 
shall take full effect upon the first Monday of January, nine- 
teen hundred and forty-eight, but not otherwise. 

Approved March 14, 1947. 

Chap. 159 An Act authorizing the museum of fine arts to hold 

ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. In addition to the land from time to time 
owned and occupied by the Museum of Fine Arts and the 
buildings located or which may be erected thereon and the 
works of art from time to time contained therein, said 
Museum of Fine Arts may receive by gift, devise, bequest or 
otherwise, and may hold, in trust or otherwise, real and per- 
sonal estate to an amount not exceeding thirty million dol- 
lars, which estate or its income shall be devoted to the pur- 
poses for which said Museum of Fine Arts was incorporated. 

Section 2. So far as inconsistent with the provisions of 
this act, section 1 of chapter 52 of the acts of 1931 is hereby 
repealed. Approved March 14, 1947. 

Chap. IQO An Act relative to the election of persons to member- 
ship IN THE AMERICAN BOARD OF COMMISSIONERS FOR 
FOREIGN MISSIONS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 21 of the acts of 1812 is hereby 
amended by striking out section 5, as amended, and inserting 
in place thereof the following section : — Section 5. The 
board may provide by by-law for the admission, from time 
to time, to membership in the corporation of any persons in 
such manner and upon such conditions as such by-law shall 
prescribe, including election by a council, synod or conven- 
tion composed of delegates representing any churches or 
groups of churches located within the United States. 



Acts, 1947. — Chap. 161. 109 

Section 2. The authority granted by this act shall be 
in addition to that granted by chapter one hundred and 
ninety-two of the acts of nineteen hundred and three, the 
provisions of which shall continue in full force and effect. 

Approved March 14, 1947. 



An Act relative to the hours of labor of women and nhnjy i ai 

CHILDREN IN OR IN CONNECTION WITH MERCANTILE ES- ^' 

TABLTSHMENTS. 

Be it enacted, etc., as follows: 

The first sentence of section 56 of chapter 149 of the Gen- g. l. (Ter. 
eral Laws, as most recently amended by chapter 610 of the fse.'etl;^' 
acts of 1941, is hereby further amended by striking out, in amended.' 
lines 26 and 27, as appearing in chapter 574 of the acts of 
1941, the words "the six week-days" and inserting in place 
thereof the words : — six week-days within a period of four 
weeks, — so as to read as follows : — No child and no woman Hours of labor 
shall loe employed or permitted to work in, or in connec- "nd chifdi-en. 
tion with, any factory or workshop, or any manufacturing, 
mercantile or mechanical establishment, hospital, telegraph 
office or telephone exchange, or any express or transportation 
company, or any private club, or any office, letter shop or 
financial institution, or any laundry, hotel, manicuring or 
hair dressing establishment, or any motion picture or other 
theatre or any other place of amusement, or any garage, or 
be employed as an elevator operator, or as a switchboard 
operator in a private exchange, more than nine hours in any 
one day, and, except as to transportation or telephone com- 
panies, and except as to hotels, private clubs and places of 
amusement where the employment is determined by the de- 
partment to be by seasons, and except as to hotels where 
meals are served only during three separate periods totalling 
not more than seven hours in any one day and the employ- 
ment is connected with the serving of said meals, if the work 
so performed by such a child or woman in one day is not 
continuous, but is divided into two or more periods, the work 
of such child or woman shall be so arranged that all such 
periods of work shall fall within a period of not exceeding ten 
consecutive hours, except that in the case of mercantile es- 
tablishments such periods of work may fall within a period 
of not exceeding eleven and one half consecutive hours during 
a total of not more than seven days in any calendar year of 
which six shall be six week-days within a period of four weeks 
immediately preceding Christmas, and the seventh the 
Saturday immediately preceding Easter; and in no case 
shall the hours of labor exceed forty-eight in a week, except 
that in manufacturing establishments or hotels where the 
employment is determined by the department to be by sea- 
sons, the number of such hours in any week may exceed 
forty-eight, but not fifty-two, provided that the total num- 
ber of such hours in any year shall not exceed an average of 



110 Acts, 1947. — Chap. 162. 

forty-eight hours a week for the whole year, excluding Sun- 
days and holidays ; and if any child or woman shall be em- 
ployed or permitted to work in more than one such place, 
the total number of hours of such employment shall not ex- 
ceed forty-eight hours in any one week. 

Approved March 14, 1947. 

Chap.lQ2 -A-N Act authorizing the city of beverly to increase 

THE COMPENSATION OF THE MEMBERS OF ITS BOARD OF 
ALDERMEN. 

Be it enacted, etc., as follows: 

Section 1. Section 13 of chapter 542 of the acts of 1910, 
as amended by section 1 of chapter 198 of the acts of 194.3, 
is hereby further amended by striking out, in line 13, the 
word "three" and inserting in place thereof the word: — 
five, — so as to read as follows: — Section 13. The board 
of aldermen shall, so far as is consistent with this act, have 
and exercise all the legislative power of towns and of the 
inhabitants thereof, and shall have and exercise all the 
powers now vested by law in the city of Beverly and in the 
inhabitants thereof as a municipal corporation, and shall 
have all the powers and be subject to all the liabilities of city- 
councils and of either branch thereof, and it may by ordi- 
nance prescribe the manner in which such powers shall be 
exercised. Its members shall receive in full compensation 
for their services as members of the board of aldermen, or of 
any committee thereof, such salary as may be established by 
ordinance, but not exceeding five hundred dollars per annum 
for each member. Sessions of the board whether as a board 
of aldermen or as a committee of the whole shall be open to 
the public, and a journal of its proceedings shall be kept, 
which journal shall be subject to public inspection. The 
vote of the board upon any question shall be taken by roll 
call when the same is requested by at least three members. 
Nothing herein shall prevent the board, by special vote, 
from holding private sittings for the consideration of nomina- 
tions by the mayor. 

Section 2. This act shall be submitted for acceptance to 
the registered voters of the city of Beverly at the next 
biennial city election in the form of the following question 
which shall be placed upon the official ballot to be used at 
said election: — "Shall an act passed by the general court 
in the year nineteen hundred and forty-seven, authorizing 
the board of aldermen of this city to establish the salary of 
its members in an amount not exceeding five hundred dollars 
each per annum, be accepted?" If a majority of the votes 
cast on said question is in the affirmative, this act shall 
take full effect on January first in the year nineteen hundred 
and forty-nine, otherwise it shall have no effect. 

Approved March I4, 1947. 



Acts, 1947. — Chaps. 163, 164. Ill 



An Act authorizing the city of westfield to pay a Chav.lQS 

CERTAIN BILL INCURRED IN NINETEEN HUNDRED AND ^' 

FORTY-FIVE FOR PLUMBING INSPECTION. 

Be it enacted, etc., as follows: 

Section 1. The city of Westfield is hereby authorized 
to appropriate money for the payment of, and after such 
appropriation the treasurer of said city is authorized to paj"" 
to WilHam Bodendorf, an unpaid bill incurred in nineteen 
hundred and forty-five for plumbing inspection amounting 
to one hundred and nine dollars and fiity cents, on file in 
the office of the director of accounts in the department of 
corporations and taxation, which is legally unenforceable 
against said city by reason of its being incurred in excess of 
an available appropriation or by reason of failure to present 
such bill during the year in which it was incurred. 

Section 2. Said bill shall not be approved by the city 
auditor or paid by the city treasurer under authority of this 
act unless and until a certificate has been filed with the said 
city auditor stating under the penalties of perjurj^ that the 
services for which the bill has been submitted were ordered 
by an official or employee of said city and that such services 
were actually rendered to said city. 

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

Section 4. This act shall take effect upon its passage. 
Approved March 15, 1947. 

An Act authorizing the city of newton to appropri- (Jhnj) 154 
ate money for the payment of, and to pay, an UN- ^' 

paid bill of the H. F. DAVIS TRACTOR COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The city of Newton is hereby authorized to 
appropriate money for the payment of, and to pay, an un- 
paid bill of the H. F. Davis Tractor Company amounting 
to one thousand and thirty-five dollars and seventy-six 
cents, incurred in the year nineteen hundred and forty-five, 
on file with the director of accounts in the department of 
corporations and taxation, which is legally unenforceable 
against said city by reason of its failure to comply with the 
provisions of its charter, or by reason of the fact that no 
appropriation was available at the time of incurring such 
bill. 

Section 2. Such bill shall not be paid under authority 
of this act unless and until a certificate has been signed and 
filed with the auditor of said city, stating under the penal- 
ties of perjury that the goods, materials or services for 



112 Acts, 1947. — Chaps. 165, 166. 

which the bill has been submitted were ordered by an official 
or employee of said city and that such goods and materials 
were delivered and actually received by said city or that 
such services were rendered to said city, or both. 

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

Section 4. This act shall take effect upon its passage. 
Approved March 15, 1947 



Chap.l&b An Act authorizing the town of ashburnham to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing an addition to 
the Dolly Whitney Adams school and originally furnishing 
and equipping said addition, the town of Ashburnham may 
borrow from time to time, within a period of five years from 
the effective date of this act, such sums of money as may be 
necessary, not exceeding, in the aggregate, seventy-five 
thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Ashburnham School 
Loan, Act of 1947. 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 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. This act shall take effect upon its passage. 
Approved March 15, 1947- 

Chap.lQQ An Act relative to the tenure of office of the city 

TREASURER OF THE CITY OF EVERETT. 

Be it enacted, etc., as follows: 

Section 1. The city treasurer of the city of Everett in 
office at the time of the passage of this act shall continue to 
hold office, and any person thereafter appointed to fill any 
vacancy existing in such office shall hold office, during good 
behavior and until the mayor shall remove him therefrom 
in accordance with the provisions of chapter thirty-one of 
the General Laws and the rules and regulations made there- 
under relative to removals from the classified public service. 

Section 2. This act shall be submitted to the registered 
voters of the city of Everett for acceptance at the biennial 
municipal election to be held in said city in the current year, 
in the form of the following question, which shall be placed 
upon the official ballot to be used at said election: — "Shall 



Acts, 1947. — Chaps. 167, 168, 169. 113 

an act passed by the general court in the current year, en- 
titled 'An Act relative to the tenure of office of the city 
treasurer of the city of Everett ', 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 March 15, 1947. 



Chap.lQ7 



An Act clarifying the law as to the time for pay 
ment by banks of checks and other instruments. 

Be it enacted, etc., as follows: 

Chapter 107 of the General Laws is hereby amended by g. l. (Ter. 
adding after section 111, as appearing in the Tercentenary new^'§\°nA. 
Edition, the following section: — Section 111 A. A bank added, 
upon which a check is drawn or at or through which an J^hon^r takes 
instrument is made payable is allowed until the close of its place, 
next business day following the day of presentment to the 
bank for payment, or such other period as may be agreed 
upon by the holder and the bank, to decide whether or not 
it will pay the check, or to effect payment of the instrument. 
If under this section no such other period is agreed upon 
by the holder and the bank and the check or instrument is 
dishonored and the bank gives no earlier notice of dis- 
honor, the dishonor, for the purpose of determining under 
this chapter the time when notice of dishonor must be given 
or protest made, shall be deemed to take place on the bank's 
next business day following the day of presentment. 

Approved March 17, 1947. 



An Act regulating the sale at retail of certain liv- nhnr) 168 

ING BABY CHICKS, DUCKLINGS AND OTHER FOWL, "' 

Be it enacted, etc., as follows: 

Chapter 272 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 80C, inserted by chapter 272 of the new^'i^g'of), 
acts of 1945, the following section: — Section SOD. Who- added, 
ever shall sell or offer for sale at retail living baby chicks, Retail sale of 
ducklings or other fowl which have been dyed, colored or ducklings or 
otherwise treated so as to impart to them an artificial color, regulated.'' 
and whoever shall sell or offer for sale at retail living baby 
chicks, ducklings or other fowl under two months of age 
in any quantity less than six, shall be punished by a fine of 
not more than one hundred dollars. 

Approved March 17, 1947. 



An Act relative to the liability of banks to their (JJku) \QQ 
depositors for non-payment of checks. 

Be it enacted, etc., as follows: 

Chapter 167 of the General Laws, as amended, is hereby g. l. (Ter. 
further amended by adding at the end the following section: f 53^' idded.*" 



114 Acts, 1947. —Chaps. 170, 171. 

binks'to dl- — Section 53. In any action or suit brought by or in 
positor for behalf of a depositor against an individual, partnership, asso- 
orch^ck™^*^ ciation or corporation doing a banking business in the com- 
monwealth in which damages are sought for the non-pay- 
ment of a check drawn by the depositor which should have 
been paid, the plaintiff shall allege and prove, and the 
amount of his recovery for such non-payment shall be lim- 
ited by, the actual or special damages proximately caused 
by the non-payment unless the plaintiff alleges and proves 
that the non-payment was malicious. 

Ay-proved March 17, 1947. 



Chap.170 An Act providing for the appointment of the direc- 
tor OF veterans' services in the city of HAVERHILL 
BY THE MUNICIPAL COUNCIL THEREOF. 

Be it enacted, etc., as follows: 

Section 1. The director of veterans' services in the city 
of Haverhill shall be appointed by the municipal council 
thereof, notwithstanding the provisions of section ten of 
chapter one hundred and fifteen of the General Laws, in- 
serted by section one of chapter five hundred and ninety- 
nine of the acts of nineteen hundred and forty-six, and in 
all other respects such appointment shall be subject to the 
provisions of said section. 

Section 2. This act shall take effect upon its passage. 
Approved March 18, 1947. 



Chap.171 An Act authorizing the city of quincy to borrow 

MONEY FOR THE PURPOSE OF MEETING AN APPROPRIATION 
FOR A JUDGMENT OBTAINED BY THE HIA-PEARL CORPORA- 
TION AGAINST SAID CITY FOR LAND TAKING. 

Be it enacted, etc., as follows: 

Section 1. The city of Quincy, for the purpose of meet- 
ing an appropriation voted to satisfy a judgment for land 
taking obtained by the Hia-Pearl Corporation in the Nor- 
folk county superior court, may borrow a sum not exceeding 
three hundred thousand dollars, and may issue bonds or 
notes therefor which shall bear on their face the words. City 
of Quincy Judgment Loan, Act of 1947. Such loan shall be 
payable in not more than twenty years from the date of 
issue. Indebtedness incurred under this act shall be in ex- 
cess of the statutory limit and shall, except as herein pro- 
vided, 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 March 18 f 1947. 



Acts, 1947. — Chaps. 172, 173. 115 



An Act further regulating the penalty for hunting Chap. 172 

CERTAIN BIRDS. 

Be it enacted, etc., as follows: 

Section 53 of chapter 131 of the General Laws, as appear- g. l. (Ter. 
ing in section 2 of chapter 599 of the acts of 1941, is hereby f 53,'it^c^,' 
amended by inserting after the word "taken" in Hne 11 the an^ended. 
words : — , or, in case the complaint relates only to hunting, 
by a fine of not less than twenty nor more than fifty dollars 
for the offence, — so as to read as follows: — Section 53. f^^^^\^^^' 
Whoever, except as otherwise provided in this chapter, regulated.' 
hunts or has in his possession a wild or undomesticated bird, 
except an English sparrow, bronzed or purple grackle (crow 
blackbird), crow, jay, starling, sharp-shinned hawk. Coop- 
er's hawk; goshawk or great horned owl, or wilfully de- 
stroys, disturbs or takes a nest or eggs of any wild or un- 
domesticated bird, except such as are not protected bj'' this 
section, shall be punished by a fine of not less than twenty 
nor more than fifty dollars for each bird taken, killed or 
had in possession or for each nest or egg disturbed, de- 
stroyed, possessed or taken, or, in case the complaint relates 
only to hunting, by a fine of not less than twenty nor more 
than fifty dollars for the offence; but an owner or tenant of 
land, or, if authorized by such owner or tenant, any member 
of his family or person permanently employed thereon, may 
kill or attempt to kill any wild bird which he has reasonable 
cause to believe has damaged or is about to damage any 
property, including domesticated animals, poultry and game* 
on game-rearing farms or preserves, and a person who has a 
certificate from the director that he is engaged in the scien- 
tific study of ornithology or is collecting in the interests of a 
scientific institution may at any time take or kill, or take 
the nests or eggs of, a wild or undomesticated bird, except 
woodcock, ruffed grouse and quail. This section shall not 
authorize a person to enter upon private grounds without 
the consent of the owner thereof for the purpose of taking 
nests or eggs or killing birds. No city, town, county or pri- 
vate organization shall offer or pay bounties for the killing 
or taking of any bird. Approved March 18, 1947. 



An Act providing for party nominations for elective Chap. 17 3 

MUNICIPAL OFFICERS IN THE CITY OF BROCKTON. 

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 and so much of said 
chapter as provides for the nomination at preliminary elec- 
tions of candidates for elective municipal office in such 
cities shall not apply in the city of Brockton. 



116 Acts, 1947. — Chaps. 174, 175. 

Section 2. Nominations of candidates for municipal 
elective office in said city shall be made by nomination 
papers as provided in section six of chapter fifty-three of 
the General Laws and by political parties in primaries held 
in accordance with the provisions of sections twenty-three 
to forty A and fifty-seven to sixty-four, all inclusive, of said 
chapter fifty-three. Section fifty-six of said chapter fifty- 
three relative to the acceptance or rejection of said provi- 
sions shall not apply in said city. 

Section 3. This act shall be submitted to the registered 
voters of said city at the biennial municipal election in the 
year nineteen hundred and forty-seven in the form of the 
following question which shall be placed on the official ballot 
at said election: — "Shall an act passed by the general court 
in the year nineteen hundred and forty-seven, entitled 'An 
Act providing for party nominations for elective municipal 
officers in the city of Brockton' be accepted?" If a majority 
of the votes cast on said question are in the affirmative, this 
act shall take full effect for the purposes of each biennial 
municipal election in said city thereafter, but not otherwise. 

Approved March 18, 1947. 

Chap.174: An Act temporarily reviving the leominster athletic 

ASSOCIATION FOR THE SOLE PURPOSE OF DISTRIBUTING ITS 
ASSETS. 

Be it enacted, etc., as follows: 

The Leominster Athletic Association, a corporation dis- 
solved by section one of chapter two hundred and thirty- 
eight of the acts of nineteen hundred and twenty-six, is hereby 
revived for a period of two years for the sole purpose of dis- 
tributing its assets. Approved March 18, 1947. 

Chap.175 -An ^^^ EXTENDING THE TERRITORY OF THE BARNSTABLE 

FIRE DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Chapter 109 of the acts of 1926, as amended, 
is hereby further amended by striking out section 1 and in- 
serting in place thereof the following section : — Section 1 . 
The inhabitants of the town of Barnstable liable to taxation 
in said town and residing within the territory comprised 
within the following boundary lines, to wit: — Beginning at 
a point at Barnstable harbor on the dividing line between 
the towns of Yarmouth and Barnstable; thence running 
southerly on said boundary line to a point two thousand 
feet distant southerly from the southerly line of the old 
county road, now in part a Massachusetts state highway, 
in the village of Barnstable; thence running westerly on a 
line parallel with and two thousand feet distant southerly 
from the southerly line of said county road or highway to 
Braggs lane; thence running southerly by Braggs lane, Gull 



Acts, 1947. — Chap. 176. 117 

Hill road and Fresh Hole road to the northerly boundary 
line of the Hyannis fire district; thence running westerly 
by the northerly line of said Hyannis fire district to State 
Highway Route 132; thence running northwesterly by said 
highway to Old Rabbit Swamp road; thence running north- 
erly by Old Rabbit Swamp road to its intersection with Old 
Jail lane; thence running northerly by Old Jail lane to a 
point two thousand feet distant southerly from the south- 
erly line of old county road, now in part a state highway; 
thence running westerly and southwesterly on a line parallel 
with and two thousand feet distant southerly from said road 
or highway to the line of the stone wall forming the easterly 
boundary line of the cemetery situated at the westerly end 
of the village of Barnstable near the house now or formerly 
of John Maki; thence running northerly on an extension of 
said boundary line to Barnstable harbor; and thence run- 
ning easterly by said Barnstable harbor to the point of be- 
ginning, — shall constitute a body corporate, known as the 
Barnstable fire district, which shall be a fire and water dis- 
trict, and said corporation, except as herein otherwise pro- 
vided, shall have all the powers and be subject to all the 
duties and liabilities set forth in all general laws now or 
hereafter in force relating to such districts. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the Barnstable 
fire district, as described and constituted immediately prior 
to the passage of this act, 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. 

Approved March 18, 1947. 



An Act authorizing the placing of the office of chief (J^drf \'7Q 

OF police of the city of MARLBOROUGH UNDER THE CIVIL ^' 

SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of police of the city of 
Marlborough shall, upon the effective date of this act, 
become subject to the civil service laws and rules and regu- 
lations relating to police officers in cities, and the tenure of 
office of any incumbent thereof shall be unlimited, subject, 
however, to said laws, but the person holding said office on 
said effective date shall continue to serve therein only until 
the expiration of his term of office unless prior thereto he 
passes a non-competitive qualifying examination to which 
he shall be subjected by the division of civil service. 

Section 2. This act shall be submitted to the voters of 
said city at the city election in the current year in the form 
of the following question, which shall be placed upon the 
official ballot to be used at said election: "Shall an act 
passed by the General Court in the year nineteen hundred 



118 



Acts, 1947. — Chaps. 177, 178. 



and forty-seven, entitled 'An Act authorizing the placing of 
the office of chief of police of the city of Marlborough under 
the civil service laws', be accepted?" If a majority of the 
votes in answer to said question is in the affirmative, but not 
otherwise, this act shall take full effect on December fif- 
teenth, nineteen hundred and forty-seven. 

Approved March 18, 1947. 



G. L. (Ter. 
Ed.), 170, 
new § 36F, 
added. 

Residential 

construction 

development 

mortgage 

loans. 



Chap.177 An Act relating to the making of certain residential 

CONSTRUCTION DEVELOPMENT MORTGAGE LOANS BY 
CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Chapter 170 of the General Laws is hereby amended by 
inserting after section 36E, inserted by chapter 174 of the 
acts of 1945, the following section: — Section 36F. When- 
ever any such corporation proposes to make construction 
mortgage loans upon real estate located in an area in the 
process of residential development, in connection with which 
development other banks are to make similar loans, and the 
security committee considers it sound and expedient for such 
corporation to engage with such other banks in a plan which 
may call for common or delegated supervision, or for ad- 
vances to be made in a manner different from the making 
of advances in the case of an ordinary construction loan, or 
for commitments or undertakings to share certain benefits 
and burdens or to acquire individual mortgages by assign- 
ment or other transfer in stated events, before entering into 
such a plan the security committee shall first give written 
notice, signed by each member thereof, of such proposal and 
plan to the commissioner, together with such other infor- 
mation as the commissioner may request, and if the com- 
missioner, within fifteen days after receiving such notice, 
advises the security committee in writing of his dissatis- 
faction or objection to any part or the whole of said plan, 
such corporation shall not become a party to nor engage in 
such plan. Approved March 18, 1947. 



Chap. 17S An Act to regulate further real estate loans by 

CREDIT UNIONS. 

Be it enacted, etc., as follows: 

Section 24 of chapter 171 of the General Laws is herebj^ 
amended by striking out subdivision (B), as most recently 
amended by chapter 82 of the acts of 1945, and inserting in 
place thereof the following subdivision : — 

(B) LOANS SECURED BY MORTGAGES OF REAL ESTATE. 

A credit union having assets of not more than seventy-five 
thousand dollars may invest not more than fifty per cent of 
the aggregate of its shares, deposits and guaranty fund, and 
a credit union having assets of more than seventy-five 
thousand dollars may invest not more than seventy per cent 



G. L. (Ter. 
Ed.), 171. 
§ 24, etc., 
amended. 



Real estate 

mortgage 

loans. 



Acts, 1947. — Chap. 179. 119 

of said aggregate, in real estate mortgages. No such mort- 
gage loan upon any one parcel of real estate shall exceed 
eight thousand dollars, and the total liability of any one 
member as borrower upon loans so secured shall not exceed 
five per cent of the assets of the credit union, or fifteen thou- 
sand dollars, whichever is the lesser. Such investments 
shall be made only as follows : — 

1 . First mortgage loans upon improved real estate may be 
made in amounts not in excess of sixty per cent of the value 
of the property mortgaged, as determined by the credit 
committee. Every such loan shall be evidenced by a note 
payable upon demand or not more than three years from the 
date thereof. 

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

3. First mortgage loans upon improved real estate may be 
made in amounts not in excess of eighty per cent of the value 
of the property mortgaged, as determined by the credit com- 
mittee; provided, that every such mortgage requires amor- 
tization of the indebtedness thereby secured by weekly, 
monthly or quarterly payments, such payments being at the 
rate of at least six per cent per annum and continuing at 
least until the balance due thereon amounts to sixty per cent 
or less of the value of the property mortgaged. 

4. Second mortgage loans upon improved real estate may 
be made in amounts which, together with the amount of the 
first mortgage upon the same property, will aggregate not 
more than eighty per cent of the value of the property 
mortgaged, as determined by the credit committee, or eight 
thousand dollars, whichever is the lesser; provided, that 
every such second mortgage and the first mortgage upon the 
same property require amortization of the indebtedness 
thereby secured by weekly, monthly or quarterly payments, 
at a rate equalling at least six per cent per annum of the 
principal of each indebtedness, and continuing at least until 
the total balances due thereon amount to sixty per cent 
or less of the value of the property mortgaged. 

Approved March 18, 1947. 

An Act relative to the fees of court stenographers Chap.l7Q 

FOR FURNISHING TRANSCRIPTS OF THEIR NOTES. 

Be it enacted, etc., as follows: 

Section 88 of chapter 221 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by fmendli.' ^ ^^' 
striking out, in line 4, the word "fifteen" and inserting in 
place thereof the word: — twenty-five, — and by striking 
out, in said line 4, the word "eight" and inserting in place 
thereof the word: — ten, — so as to read as follows: — 



120 Acts, 1947. — Chaps. 180, 181. 

^notM^*^ »Secft07i 88. Upon request of the presiding justice or any- 
party, the stenographer shall furnish a transcript of his notes 
or any part thereof, taken at a trial or hearing, for which he 
shall be paid by the party requesting it at the rate of twenty- 
five cents a hundred words for one copy, and ten cents a 
hundred words for each additional copy if more than one 
copy is ordered at the same time; but if it is requested by 
the presiding justice or, in a criminal case, by the district 
attorney, payment therefor at the same rate shall be made 
by the county upon a voucher approved by him, and, in a 
criminal case, the expense of transcripts furnished to said 
justice and to the district attorney shall be taxed like other 
expenses. Approved March 18, 19^7 . 

Chap.lSO ^ Act authorizing the trustees for county aid to 

AGRICULTURE TO PAY THE EXPENSES OF CERTAIN UNPAID 
VOLUNTEERS AT OFFICIAL MEETINGS. 

Be it enacted, etc., as follows: 

Ed^' iJl"^' Section 42 of chapter 128 of the General Laws, as amended 

§ 42,' etc.,' by chapter 166 of the acts of 1932, is hereby further amended 
amended. |^y adding at the end the following paragraph : — 
Volunteers. The trustccs may expend each year an amount, not ex- 

ceeding one per cent of the appropriation for county aid to 
agriculture, to pay the expenses, including the cost of meals, 
of unpaid volunteers at official meetings called for the pur- 
pose of furthering the organized educational projects or 
programs of the county extension service. 

Approved March 18, 191^1. 



Chap.lSl An Act relative to witness fees to be paid to police 
officers of the city of boston in certain criminal 
cases. 

Be it enacted, etc., as follows: 

%d^'Al2!' Section 53 of chapter 262 of the General Laws, as amended 

!in^^d*d' ^y chapter 251 of the acts of 1936, is hereby further amended 

by striking out the fourth sentence and inserting in place 

t^aln^ffi'^cers' thereof the following sentence: — Any police officer named 

in section fifty who attends as a witness in a criminal case 

pending in a district court or before a trial justice and who 

by reason of a continuance or postponement thereof at the 

request of the defendant, is required to again attend, shall, 

if not on duty and if it is so ordered by the court or trial 

justice, be paid for such further attendance the same fee as 

other witnesses. Approved March 18, 1947. 



Acts, 1947. — Chap. 182. 



121 



An Act apportioning representatives to the several Chap. \S2 

COUNTIES OF THE COMMONWEALTH AND ESTABLISHING 
BOARDS OF SPECIAL COMMISSIONERS TO DIVIDE SUCH 
COUNTIES AS ARE ENTITLED TO MORE THAN ONE REPRE- 
SENTATIVE INTO REPRESENTATIVE DISTRICTS AND TO 
ASSIGN REPRESENTATIVES THERETO. 

Be it enacted, etc., as follows: 

Section 1. Chapter 57 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 4, as amended by section 1 f 4,^;t^cl' 
of chapter 467 of the acts of 1939, and inserting in place amended, 
thereof the following section: — Section 4- The two hundred t^^P^^ppor- 
and forty members of the house of representatives are appor- tioned to the 
tioned to the several counties, as existing at the time as of counUes. 
which the special enumeration of legal voters in the munici- 
palities thereof was taken in the year nineteen hundred and 
forty-five, agreeably to the constitution, until the next 
decennial apportionment, as follows: — 



Number 
of Repre- 
sentatives. 



Barnstable .... 
Berkshire .... 

Bristol 

Dukes 

Essex 

Franklin .... 

Hampden .... 
Hampshire .... 
Middlesex .... 
Nantucket .... 
Norfolk (excluding Cohasset) 
Plymouth (including Cohasset) 

Suffolk 

Worcester .... 



Section 2. In each county of the commonwealth, except ^"^-ff "^^j^^ 
the counties of Dukes and Nantucket, there is hereby es- mi^U)nl°^' 
tablished a bi-partisan board of special commissioners to 
divide such county, as existing at the time as of which the 
special enumeration of legal voters in the municipalities 
thereof was taken in the year nineteen hundred and forty- 
five, into representative districts and to assign representatives 
thereto, which board shall consist of five persons, residents 
of the county, to be appointed by the governor as soon as 
may be after the effective date of this act; provided, that for 
all purposes of said division and assignment the town of 
Cohasset, in the county of Norfolk, shall be considered a 



122 Acts, 1947. — Chap. 182. 

part of the county of Plymouth. As soon as may be after the 
quahfication of its members, each such board shall organize 
by the choice of one member as chairman and by the appoint- 
ment of a secretary, and shall notify the state secretary of 
the address to which to send the certification required to be 
made by him under Article XXI of the Amendments of the 
Constitution, as appearing in Article LXXI of said Amend- 
ments. In the county of Suffolk, such board shall assemble 
in Boston, and in each such county other than Suffolk the 
board shall assemble at a shire town of its county, within the 
time required by said Article XXI, as so appearing, shall 
proceed to divide such county into representative districts, 
and shall assign representatives thereto, in accordance with 
said Article, and shall make return thereof as therein re- 
quired, and, in addition, to the registrars of voters or other 
body having similar powers and duties in each city and town 
in such county, as soon as may be, but not later than October 
first in the current year. Each such county, except Suffolk, 
and in Suffolk county the city of Boston, shall provide the 
board for such county with a suitable office and room for 
hearings. Each such board may expend for the services of 
a secretary and for clerical assistance, stationery, travel and 
other incidental expenses, such sum or sums, not exceeding, 
in the aggregate, five hundred dollars, as may be approved 
by the governor and council. Bills for said expenses shall 
be approved by a majority of the members of the board 
and transmitted to the comptroller for certification. Ex- 
penses so incurred shall be paid in the first instance by the 
commonwealth, subject to appropriation, and. within thirty 
days following the close of the fiscal year of the common- 
wealth during which any such bill for expenses shall be so 
approved and transmitted, the comptroller shall certify to 
the state treasurer the amount thereof so paid in each county 
where any such expense has been incurred. Said treasurer 
shall forthwith certify to the county commissioners of each 
such county, except Suffolk, a sum equal to the amount so 
paid therein and said commissioners, upon receipt of the 
certificate of said treasurer, shall levy the same as a part of 
the county tax for the next succeeding year in addition to 
any amounts otherwise authorized by the general court. The 
county commissioners, except in Suffolk county, shall forth- 
with issue an order on the county treasurer for the payment 
of the said sum and the county treasurer shall forthwith 
make payment thereof to said state treasurer from any avail- 
able funds. The state treasurer shall also, forthwith upon 
receipt of the certificate as aforesaid from the comptroller, 
certify to the city of Boston a sum equal to the amount so 
paid in Suffolk county and said city shall, upon receipt of 
said certificate of the state treasurer, make payment of said 
sum to the state treasurer from any available funds in the 
treasury of the city of Boston. 
o"co^f'°" Section 3. The supreme judicial court shall have juris- 

diction of any petition for a writ of mandamus relative to the 



Acts, 1947. — Chaps. 183, 184. 123 

division of a county into representative districts and the as- 
signment of representatives thereto under section two of this 
act. Every such petition shall be filed in court within thirty 
days after the filing of the report of such division and assign- 
ment, unless the court, for cause shown, extends the time. 

Section 4. This act shall take effect upon its passage; Effective date. 
and the existence of each board established by section two 
hereof shall terminate when the purposes for which such 
board was so established have been fully accomplished. 

Approved March 18, 1947. 



An Act authorizing the city of woburn to borrow QJiq^j) ]^g3 

MONEY FOR THE PURPOSE OF ACQUIRING LAND FOR, AND ^' 

OF CONSTRUCTING, EQUIPPING AND FURNISHING, SCHOOL 
BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of acquiring land for, and of 
constructing and originally equipping and furnishing, school 
buildings, the city of Woburn 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 aggre- 
gate, four hundred and fifty thousand dollars, and may issue 
bonds or notes therefor, which shall bear on their face the 
words, Woburn School Loan, Act of 1947. 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 and shall, except as provided therein, 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 2. This act shall take effect upon its passage. 
Approved March 21, 1947. 



An Act authorizing the conveyance to mabel b. ward (Jfidj) lg4 
OF brookline by the trustees of public reservations 

OF CERTAIN LAND IN THE TOWN OF ANDOVER. 

Be it enacted, etc., as follows: 

Section 1. The Trustees of Public Reservations, incor- 
porated by section one of chapter three hundred and fifty-two 
of the acts of eighteen hundred and ninety-one, is hereby 
authorized to convey to Mabel B. Ward of Brookline a par- 
cel of land abutting on Prospect avenue in the town of An- 
dover, consisting of three and one half acres, owned by said 
corporation. 

Section 2. This act shall take effect upon its passage. 
Approved March 21, 1947. 



124 Acts, 1947. — Chaps. 185, 186, 187. 

Chap.lSd An Act establishing and limiting the liability of the 

GREAT BARRINGTON FIRE DISTRICT WITH RESPECT TO 
BODILY INJURY OR D.^IAGE SUSTAINED UPON A PUBLIC 
WAY BY REASON OF A DEFECT, OR WANT OF REPAIR, OR 
FROM SNOW OR ICE. 

Be it enacted, etc., as foUoios: 

Section 1. The prox-isions of sections fifteen and seven- 
teen to twenty, inclusive, of chapter eighty-four of the Gen- 
eral Laws shall apply in the case of the Great Barrington 
fire district in the same manner and to the same extent as in 
the case of a county, city or town, except that the limit of 
liability of said district for damages under said section fifteen 
shall be one fifth of one per cent of the valuation of the prop- 
erty of said district as last determined by the assessors of the 
town of Great Barrington preceding the commencement of 
the action but not more than four thousand dollars in any 
event, and except that any notice under said sections eight- 
een to twenty, inclusive, shall be given to the treasurer of 
said district. 

Section 2. This act shall take effect upon its passage. 
Approved March 21, 1947. 

Chap.lSQ An Act authorizing the town of Lexington to borrow 

MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of acquiring land for and 
constructing one or more school buildings, or constructing 
additions to existing school buildings, and of originally 
equipping and furnishing the same, the town of Lexington 
may borrow from time to time, within a period of five j^ears 
from the passage of this act, such sums as may be necessary, 
not exceeding, in the aggregate, two million dollars, and 
may issue bonds or notes therefor, which shall bear on their 
face the words, Lexington School Building Loan, Act of 
1947. 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 fortj^-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 March 21, 1947. 

Chap. 1S7 An Act authorizing the city of lynn to borrow money 

FOR A city hall. 

Be it enacoed, etc., as follows: 

Section I. For the purposes of constructing a city hall 
building and of originally equipping and furnishing the 
same, the city of Lynn may borrow from time to time, 



Acts, 1947. — Chap. 188. 125 

within five j^ears after the passage of this act, such sums as 
may be necessary, not exceeding, in the aggregate, one mil- 
lion five hundred thousand dollars, and may issue bonds or 
notes therefor, which shall bear on their face the words, 
Lynn City Hall Building Loan, Act of 1947. Each author- 
ized 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 unless, in the current 
year, there shall have been appropriated from available 
revenue funds or voted to be raised by taxation for said pur- 
pose a sum equal to twenty-five cents on each one thousand 
dollars of the assessed valuation of said city for the preced- 
ing year. Indebtedness incurred 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, 
exclusive of so much of the proviso in the first paragraph of 
section seven thereof as is incorporated in substance herein. 
Section 2. This act shall take effect upon its passage. 
Approved March 21, 1947. 



An Act to extend the provisions of law exempting QJiq/q Jgc 

GROUP ANNUITY CONTRACTS, AND THE PROCEEDS AND "' 

BENEFITS OF GROUP ANNUITY CONTRACTS, FROM CLAIMS OF 
CREDITORS OF ANNUITANTS AND BENEFICIARIES THERE- 
UNDER. 

Be it enacted, etc., as follows: 

Section L Chapter 313 of the acts of 1945 is hereby 
amended by striking out section 5 and inserting in place 
thereof the following section: — Section 5. The provisions 
of this act shall apply only to group annuity contracts as 
defined in section one of this act, issued or delivered in the 
commonwealth after the effective date of this act; provided, 
that section one hundred and thirty-two C of chapter one 
hundred and seventy-five of the General Laws, inserted by 
section one of this act, shall apply to group annuity con- 
tracts issued or delivered in this commonwealth prior to the 
effective date of this act as well as to those issued thereafter 
and that any life insurance company may, upon the request 
of the holder of any group annuity contract issued prior to 
said date, whether or not it is a gi'oup annuity contract as 
defined in said section one, amend such contract to incor- 
porate therein in substance any provision or provisions men- 
tioned in said section one. 

Section 2. Nothing in this act shall be construed to 
affect or impair the right of any creditor arising out of or 
based upon any obligation created prior to the effective date 
of this act. Approved March 21, 1947. 



126 



Acts, 1947. — Chaps. 189, 190. 



G. L. (Ter. 
Ed.), 149, 
new § 178B, 
added. 

Deductions 
from wages or 
salaries of 
district or 
municipal 
employees 
authorized 
for certain 
payments to 
credit unions. 



Chap. 189 An Act transferring from one chapter in the general 

LAWS TO ANOTHER, PROVISIONS OF LAW AUTHORIZING 
DEDUCTIONS FROM THE WAGES OR SALARIES OF EMPLOYEES 
OF DISTRICTS AND MUNICIPALITIES FOR THE PURPOSE OF 
MAKING CERTAIN PAYMENTS TO CREDIT UNIONS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 149 of the General Laws is hereby 
amended by inserting after section 178A, inserted by chapter 
175 of the acts of 1932, the following section : — Section 17 8B. 
Deductions on pay-roll schedules from the salary of any 
district or municipal employee in any amount which such 
employee may specify in writing to the treasurer of the dis- 
trict or municipality by which he is employed, for the pur- 
chase of credit union shares of, or making deposits in, or 
for the repayment of any loan from, any credit union op- 
erated 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 withdrawn 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 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 transmit 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. 

Section 2. Section 6A of chapter 171 of the General 
Laws, inserted by chapter 184 of the acts of 1946, is hereby 
repealed. Approved March 21, 19If7. 



G. L. (Ter. 
Ed.), 171, §6A, 
repealed. 



C/iap. 190 An Act changing the time for the holding of biennial 

MUNICIPAL elections IN THE CITY OF PEABODY. 

Be it enacted, etc., as follows: 

Section 1. Chapter 97 of the acts of 1941 is hereby 
amended by striking out section 1 and inserting in place 
thereof the following section: — Section 1. Beginning with 
the year nineteen hundred and forty-seven, municipal elec- 
tions in the city of Peabody for the choice of mayor, mem- 
bers of the city council, members of the school committee 
and trustees of the Peabody Institute shall be held biennially 
on the Tuesday next following the first Monday of November 
in every odd-numbered year. 



Acts, 1947. — Chaps. 191, 192. 127 

Section 2. This act shall take full effect upon its ac- 
ceptance prior to September first in the current year by the 
city council of the city of Peabody, subject to the pro- 
visions of its charter, but not otherwise. 

Approved March 21, 1947. 



An Act authorizing the city of new Bedford to ap- Chap.191 

PROPRIATE money TO RESTORE TO THE ANNUITY FUND OF 
THE CITY OF NEW BEDFORD RETIREMENT SYSTEM MONEY 
PAID TO THE SECRETARY OF THE RETIREMENT BOARD OF 
SAID CITY AND NOT ACCOUNTED FOR. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral ob- 
ligation, the city of New Bedford may appropriate sums of 
money for the purpose of placing in the annuity savings 
fund of the New Bedford retirement system amounts equal 
in the aggregate to payments of members of said retirement 
system qualifying for late entry membership under the pro- 
visions of paragraph (3) of section three of chapter thirty- 
two of the General Laws, as amended, which amounts were 
paid to the secretary of the retirement board of said city and 
not accounted for, as shown in the report of an audit of the 
accounts of said retirement system by the division of in- 
surance of the department of banking and insurance. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by the city council of said 
city, subject to the provisions of its charter, but not otherwise. 

Approved March 21, 1947. 



An Act authorizing the city of woburn to pay a cer- Chap.192 

TAIN SUM OF MONEY AS COMPENSATION TO THE SEALER OF 
weights and MEASURES OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
ninety-one of chapter thirty-two of the General Laws, the 
city of Woburn may pay to Thomas J. McColgan of said 
Woburn for his services as sealer of weights and measures 
for said town between June first, nineteen hundred and forty- 
six, and January twenty-nine, nineteen hundred and forty- 
seven, the sum of five hundred dollars and ninety-four cents, 
the same being compensation for such services less the 
amount of the pension received by him from the city of 
Woburn contributory retirement system for the period of 
such services. 

Section 2. This act shall take effect upon its passage. 
Approved March 24, 1947. 



128 



Acts, 1947. — Chaps. 193, 194. 



G. L. (Ter. 
Ed.). 131, 
§ 16. etc.. 
amended. 

Revocation ( 
license for 
violation of 
provisions! 
of chapter. 



C/wip.l93 An Act relative to the revocation of certain licenses 

ISSUED BY THE DIVISION OF FISHERIES AND GAME. 

Be it enacted, etc., as follows: 

Chapter 131 of the General Laws is hereby amended by- 
striking out section 16, as appearing in section 2 of chapter 
599 of the acts of 1941, and inserting in place thereof the fol- 
lowing section: — Section 16. Unless otherwise specifically 
provided by law, every license, permit or certificate issued 
under any provision of this chapter, except a license issued 
under clause three, four or six of section one hundred and 
seven, held by any person found guilty of, or convicted of, 
or penalized in any manner for, a violation of any provision 
of this chapter, or of corresponding provisions of earlier 
laws, or of any rule or regulation made under authority 
thereof, shall be void, and shall immediately be surrendered 
to any officer authorized to enforce this chapter. No person 
shall be given a license, permit or certificate under au- 
thority of any provision of this chapter during the period 
of one year from the date of his being found guilty or penal- 
ized as aforesaid, and any such license, permit or certificate 
so issued shall be void and shall be surrendered on demand 
of any oflficer authorized to enforce said chapter. No fee 
received for a license, permit or certificate made void under 
this section shall be refunded to the holder thereof. 

Approved March 2If, 1947. 



C/lflp.l94 An Act establishing fees for physicians authorized to 

MAKE MENTAL EXAMINATIONS. 

Be it enacted, etc., as follows: 

Ed.K 123^5 73 Chapter 123 of the General Laws is hereby amended by 
amended.' ' striking out scction 73, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following section : 
5°^!!^**'°'' — Section 73. Except as is otherwise provided, the com- 
physicianls, etc. pensation of the judges, physicians and officers taking part 
in the commitment or admission of persons to institutions in 
accordance with sections three to one hundred and twelve, 
inclusive, shall be as follows: The judge, if required to go 
from his office or place of business to see and examine the 
person committed or admitted, shall be allowed all neces- 
sary expenses of travel. If a special justice hears and deter- 
mines the application he shall receive compensation at the 
rate provided in section six of chapter two hundred and 
eighteen; provided, that he shall not receive more than four 
dollars and the necessary expense of travel for each commit- 
ment. The fee for each physician making an authorized 
mental examination and for making a written report thereon 
to the court, or for making a medical certificate, shall be 
seven dollars, and twenty cents for each mile traveled one 
way. Any physician required to appear before a judge or 
justice in any commitment proceedings, in which such phy- 
sician has made an examination, shall receive a fee of four 



Acts, 1947. — Chaps. 195, 196. 129 

dollars, and tTventy cents for each mile traveled one way for 
such appearance before the court. The fees for officers serv- 
ing process shall be the same as are allowed by law in like 
cases. Approved March S4, 19i7. 

An Act authorizing the city of peabody to pay a sum QJiqjj 195 

OF money to JAMES P. CAHILL TO COMPENSATE HIM FOR LOSS 
OF WAGES SUSTAINED WHILE ABSENT FROM HIS EMPLOYMENT 
BECAUSE OF INJURIES RECEIVED WHILE EMPLOYED BY PAID 
CITY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral ob- 
ligation, the city of Peabody is hereby authorized to appro- 
priate and to pay James P. Cahill, an employee of the electric 
light department of said city, a sum not to exceed four hun- 
dred and sixty-two dollars, being the amount of compensa- 
tion lost by said Cahill while absent from his emplo^-ment 
from April third to August twenty-eighth, nineteen hun- 
dred and forty-three, said absence being due to an injury 
received b}^ him in the course of his emploj-ment. 

Section 2. This act shall take full effect upon its accept- 
ance, during the current year, by the city council of said 
city, but not otherwise. Approved March SJf., 19^7. 

An Act relatr-e to dividends or return of premium on C'^q^-q j^qa 

BONDS and continuous POLICIES ISSUED BY CERTAIN ^' 

mutual insltrance COMP.ANIES. 

Be it enacted, etc., as folloics: 

Section 80 of chapter 17.5 of the General Laws, as most g- l. (Tw. 
recently amended by chapter 315 of the acts of 1936, is etc!. 'amended.' 
hereby further amended by striking out the first sentence, as 
appearing in the Tercentenary' Edition, and inserting in 
place thereof the following sentence : — From time to time Dividends or 
the directors of a mutual fire company may by vote fix ^^^o°n ^""^ 
and determine the percentages of di\'idend or expiration re- bonds and 
turn of premium to be paid on e\-piring or cancelled policies, pobc^s.°^ 
or to be paid upon anniversary dates of policies ha^^ng no 
expiration dates, which may, in their discretion, and with 
the written approval of the commissioner, and upon such 
conditions, if any, as he may prescribe, be different for 
policies insuring for the same term against the different kinds 
of risks mentioned in the several provisions of the clause or 
clauses of section forty-seven under which such a company 
may transact business; and the percentage aforesaid for fire 
policies insuring farm risks, fireproof risks, including risks 
equipped with automatic sprinkler and fire alarm s^'stems, or 
manufacturing or storage risks, or manufacturing or storage 
risks confined to lumber and woodworking only, may in like 
manner be different from that for policies insuring other risks 
against fire for the same term. 

Approved March 24, 1947. 



130 Acts, 1947. —Chaps. 197, 198, 199. 



Chap.197 An Act relative to policies issued without contingent 

LIABILITY BY CERTAIN MUTUAL INSURANCE COMPANIES. 

Be it enacted, etc., as folloios: 

Edo.'iTsT' Section 1. Section 85A of chapter 175 of the General 

§ 85A, etc., Laws, as amended by section 1 of chapter 247 of the acts of 
amended. 1943^ is hereby further amended by adding at the end the 

pdFcief^^^^*'^^ following sentence: — A company issuing a non-assessable 
policy under authority of this section may state therein, or 
on the filing back thereof, or in both such places, that such 
pohcy is non-assessable. 
Ed.V; i75,'^' Section 2. Section 93F of said chapter 175, as amended 

§ 93F, etc., by section 2 of said chapter 247, is hereby further amended 
amended. j^^ adding at the end the following sentence : — A company 

pdr^tl^^^^^^^^ issuing a non-assessable policy under authority of this sec- 
tion may state therein, or on the filing back thereof, or in 
both such places, that such policy is non-assessable. 
Ed.^,' iTsT' Section 3. Section 152A of said chapter 175, as amended 

Imended^*''' ^^ section 3 of Said chapter 247, is hereby further amended 
Non-assessable ^^ adding at the end the following sentence : — A company 
policies. issuing a non-assessable policy under authority of this sec- 

tion may state therein, or on the filing back thereof, or in 
both such places, that such policy is non-assessable. 

Approved March 24, 1947. 



Chap.l9S An Act relative to the water supply or the cherry 

VALLEY AND ROCHDALE WATER DISTRICT. 

Be it enacted, etc., as follows: 

Chapter 381 of the acts of 1910 is hereby amended by 
striking out section 2 and inserting in place thereof the fol- 
lowing section : — Section 2. Said water district, for the pur- 
poses aforesaid, may take, or acquire by purchase or other- 
wise the waters of Henshaw pond, so called, situated in 
Leicester, and also lands, easements, water and water rights 
connected with such lands, and any springs and streams 
percolating or running through the same and situated in 
the town of Leicester lying adjacent to said Henshaw pond. 

Approved March 24, 1947. 



Chap.199 An Act dissolving the green harbor reclamation 

DISTRICT. 

Be it enacted, etc., as follows: 

Green Harbor Reclamation District, heretofore organized 
under general law, is hereby dissolved. 

Approved March 26, 1947. 



Acts, 1947. — Chaps. 200, 201, 202. 131 



An Act relative to the taking effect of a certain Chap. 200 

LAW regulating THE HOURS OF DUTY OF PERMANENT 
MEMBERS OF FIRE DEPARTMENTS IN CERTAIN CITIES AND 
TOWNS. 

Be it enacted, etc., as follows: 

Chapter 64 of the acts of the current year is hereby 
amended by striking out the last sentence and inserting in 
place thereof the following sentence: — If a majority of the 
votes cast on said question is in the affirmative, said section 
fifty-eight B of said chapter forty-eight shall take effect in 
said city or town ninety days thereafter. 

Approved March 26, 191^7. 

An Act relative to agreements entered into by county C/iap.201 
commissioners for highway work in anticipation of 
appropriations. 

Be it enacted, etc., as follows: 

Chapter 35 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 34 the following section : — Section f 34A?added. 
S4A. Notwithstanding the provisions of sections thirtj^-two Agreements 
and thirty-four, county commissioners may in any year ^°lJ^^^^^^ 
enter into agreements with cities and towns for the alloca- 
tion of funds for highway maintenance and construction in 
accordance with the provisions of chapters eighty-two and 
eighty-four for such year; provided, that the aggregate 
amounts so allocated by any county shall not exceed the 
amount appropriated for highways for such county in the 
appropriation act for the previous calendar j^ar. 

Approved March 27, 1947. 



An Act authorizing the transfer of the assets and 
liabilities of the vasa benefit association to dis- 
trict lodge no. 2, vasa order of america. 

Be it enacted, etc., as follows: 

Section 1. The Vasa Benefit Association, incorporated 
May twenty-third, nineteen hundred and seventeen, and 
presently subject to the provisions of section forty-six of 
chapter one hundred and seventy-six of the General Laws, 
is hereby authorized, if so voted by a two thirds vote of its 
members present and voting at a duly called meeting, notice 
of the purpose of which shall be mailed to each member at 
least thirty days before said meeting, to transfer all its 
assets and liabilities, other than trust funds, to District 
Lodge No. 2, Vasa Order of America, and upon such transfer 
all liability of the said Vasa Benefit Association to its mem- 
bers shall cease and it shall thereupon be dissolved. 

Section 2. The District Lodge No. 2, Vasa Order of 
America, is hereby authorized, if so voted by a two thirds 
vote of its duly elected delegates present and voting at the 



Chap.202 



132 Acts, 1947. — Chaps. 203, 204. 

annual meeting, after notice thereof has been given to all 
the subordinate lodges under its jurisdiction at least thirty 
days before said meeting, to accept a transfer of all the 
assets and liabilities, other than trust funds, of the Vasa 
Benefit Association, incorporated May twenty-third, nine- 
teen hundred and seventeen, and each member of said Vasa 
Benefit Association upon such transfer shall have against 
said District Lodge Xo. 2, Vasa Order of America, the same 
rights as such member would have had against said Vasa 
Benefit Association. Approved March 27, 1947. 



Chap. 203 Ax Act relathe to seniority and compensation rights 

OF PERSONS APPOINTED TO OFFICES AND POSITIONS UNDER 
CIVIL SERVICE LAWS WHILE SERVING IN THE MILITARY 
OR NAVAL FORCES OF THE UNITED STATES DURING WORLD 
WAR n. 

Be it eiiacted, etc., as f oil airs : 

Chapter 708 of the acts of 1941 is hereby amended by 
striking out section 24, as amended by chapter 62 of the 
acts of 1946, and inserting in place thereof the following 
section : — Section 21. Any person who returns or is restored 
to an office or position in the service of the commonwealth, 
or an}' political subdivision thereof, within two years after 
having ser^-ed in the militar\' or naval forces of the United 
States shall be entitled to all seniority rights to which he 
would have been entitled if his public ser^ace had not been 
interrupted by such miUtary or naval ser\'ice, and an}^ person 
who, while ser^-ing in such mihtarv^ or naval forces, is ap- 
pointed under the ci\-il service law "to an office or position in 
the ser"vice of the commonwealth, or an}' political sub- 
division thereof, and, within three months after having 
received his discharge from such forces, commences to 
serv-e in such office or position shall be entitled to all sen- 
iority rights to which he would have been entitled if he had 
commenced to serve at the time of such appointment; and 
any such person whose salary is fixed under a classified 
compensation plan shall be eligible to a salary rate which 
includes the accrued step-rate increments to which he would 
have been ehgible except for his service in the military or 
naval forces. Approved March 27, 1947. 

Chap. ^04: An Act authorizing an increase in the nltmber of 

TRUSTEES OF MILTON ACADEMY. 

Be it enacted, etc., as follows: 

Section 5 of an act passed March .3d, 1798, and entitled 
"An act for establishing an Academy in the Town of Milton, 
by the name of ]\Iilton Academy", as most recently amended 
by chapter 26 of the acts of 19-31, is hereby further amended 
by striking out, in line 3, the word "eighteen" and inserting 
in place thereof the word: — twenty-five, — so as to read 



Acts, 1947. — Chaps. 205, 206. 133 

as follows: — Section 6. Be it further enacted, That the 
number of the said trustees shall not, at one time, be more 
than twenty-five nor less than nine; five of whom shall 
constitute a quorum to do business. 

Approced March 27, 194?. 



Chap. 205 



An Act relative to the construction of bath houses 
on certain park land in the town of falmouth. 

Be it enacted, etc., as follows: 

Section 1. The town of Falmouth may erect one or 
more new bath houses, each exceeding sLx himdred square 
feet in area on the ground, upon certain property owned by 
the towTi and used for park purposes, consisting of that 
parcel of beach property extending from other property 
owned by the town, known as the "Casino and stone-dock" 
property, to the extension of Mill road, and ma}' equip 
and maintain such bath house or bath houses. 

Section 2. This act shall take effect upon its passage. 
Approved March 31. 1.947. 



An Act further extenden'G the opportunitt to cities (JJiQr) 206 

AND T0"WN5 TO BORROW UNDER THE ACT CREATIKG THE ^' 

emergency FLN-ANCE BOARD. 

Whereas, The provisions of law sought to be extended ^^^^f^^ 
by this act would, but for this act, shortly cease to be effec- 
tive, but the circumstances and conditions which made 
advisable their enactment still continue and it is accordinglj^ 
desirable that said pro\'isions continue in effect without 
interruption; therefore this act is hereby declared to be an 
emergenc}' law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter 49 of the acts of 1933 is hereby 
amended by striking out section 2, as most recently amended 
by section 1 of chapter 324 of the acts of 1945, and inserting 
in place thereof the following section: — Section 2. The 
treasurer of any city or town, if authorized by a two thirds 
vote, as defined by section one of chapter forty-four of the 
General Laws, and with the approval of the mayor or the 
selectmen, may, on behalf of such city or town, petition the 
board to approve of its borrowing money from the common- 
wealth for ordinary maintenance expenses and revenue 
loans, and the board may, if in its judgment the financial 
affairs of such city or town warrant, grant its approval to 
the borrowing as aforesaid of specified sums not at any time 
exceeding, in the aggregate, the total amount represented 
by tax titles taken or purchased bj' such city or town and 
held by it; provided, that such borrowing is made at any 
time or times prior to Jul}' first, nineteen hundred and forty- 



134 Acts, 1947. — Chap. 206. 

nine. In case of such approval, the treasurer of such city 
or town shall, without further vote, issue notes, with interest 
at such rate as may be fixed by the treasurer with the ap- 
proval of the board, in the amount approved by the board, 
for purposes of sale to the commonwealth only, and said 
notes, upon their tender to the state treasurer, shall forth- 
with be purchased by the commonwealth at the face value 
thereof. Such notes shall be paj^able in not more than one 
year, and may be renewed from time to time, if authorized 
by the board, but no renewal note shall be for a period of 
more than one year, and the maturity of any loan or renewal 
shall not be later than July first, nineteen hundred and 
fifty. Such notes shall be general obligations of the city or 
town issuing the same, notwithstanding the foregoing 
provisions. Indebtedness incurred by a city or town under 
authority of this act shall be outside its limit of indebtedness 
as fixed by chapter forty-four of the General Laws. The 
excess, if any, of the amount of interest payments received 
by the commonwealth on account of notes issued by cities 
and towns hereunder over the cost to the commonwealth 
for interest on money borrowed under section five, expenses 
of the board, including compensation paid to its appointive 
members, and expenses of administration of the funds pro- 
vided by sections three and five shall be distributed to such 
cities and towns in November, nineteen hundred and fifty- 
one, or earlier at the discretion of the board, in the proportion 
which the aggregate amounts payable by them on account of 
interest on such notes bear to the total amounts so payable 
by all cities and towns hereunder. 

Section 2. Said chapter 49 is hereby further amended 
by striking out section 5, as most recently amended by 
section 2 of said chapter 324, and inserting in place thereof 
the following section: — Sections. The state treasurer, 
with the approval of the governor and council, may borrow 
from time to time, on the credit of the commonwealth, such 
sums as may be necessary to provide funds for loans to 
municipalities as aforesaid, and may issue and renew notes 
of the commonwealth therefor, bearing interest payable at 
such times and at such rate as shall be fixed by the state 
treasurer, with the approval of the governor and council; 
provided, that the total indebtedness of the commonwealth 
under this section, outstanding at any one time, shall not 
exceed twenty-five million dollars. Such notes shall be 
issued for such maximum term of years as the governor 
may recommend to the general court in accordance with 
section 3 of Article LXII of the amendments to the constitu- 
tion of the commonwealth, but such notes, whether original 
or renewal, shall be payable not later than November 
thirtieth, nineteen hundred and fifty-two. All notes issued 
under this section shall be signed by the state treasurer, 
approved by the governor and countersigned by the 
comptroller. Approved March 31, 194-7. 



Acts, 1947. — Chaps. 207, 208. 135 



An Act authorizing cities and towns to borrow money Chav. 207 

FOR remodeling AND RECONSTRUCTING MUNICIPALLY 
OWNED PUBLIC BUILDINGS. 

Whereas, Extensive remodeling and reconstruction of Emergency 
municipally owned public buildings are urgently needed ^""^^^ 
and the deferred operation of this act would unduly delay 
such remodeling and reconstruction, 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. The first paragraph of section 7 of chapter 44 E^VillV 
of the General Laws, as most recently amended by sec- etc., amended. 
tion 13 of chapter 358 of the acts of 1946, is herebj^ further 
amended by striking out, in line 5, the words "the eleventh 
clause" and inserting in place thereof the words: — clauses 
three A and eleven, — so as to read as follows: — Cities Purposes for 
and towns may incur debt, within the limit of indebtedness rnd^tlwM^ 
prescribed in section ten, for the following purposes, and ^•^^in"""'^ 
payable within the periods hereinafter specified, but, except debtUmit. 
for the purposes set forth in clauses three A and eleven, 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 2. Said section 7 is hereby further amended Ed V 44^7 
by inserting after clause (3) the following clause: — further ' 

(3A) For remodeling or reconstructing public buildings ^"'^'"^^'^■ 
owned by the city or town, ten years. No loan .shall be fuhllct. 
authorized in any year under this clause unless a sum e(lui^^a- 
lent to one dollar on each one thousand dollars of the assessed 
valuation of the city or town for the preceding year has been 
appropriated from available revenue funds or voted to be 
raised by taxation for the purpose set forth in the year when 
the loan is authorized. Approved March 31, 1947. 



An Act temporarily reviving newton mortgage Chap.20S 
corporation. 

Whereas, The deferred operation of this act would in Emergency 
part defeat its purpose, which is to authorize the corporation p''®^'"^'®- 
revived thereby to resume immediately 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. 



136 Acts, 1947. — Chap. 209. 

Be it enacted, etc., as follows: 

Newton Mortgage Corporation, a corporation dissolved 
bj'- section one of chapter eight of the acts of nineteen hundred 
and thirty-five, is hereby revived, for a period of three 
years, with the same powers, duties and obHgations as if 
said chapter had not been passed. 

Approved March 81, 1947. 



Chap. 209 An Act authorizing the town of ware to take over 

THE PROPERTIES AND ASSUME THE OBLIGATIONS OF THE 
ware FIRE DISTRICT NUMBER ONE. 

Be it enacted, etc., as follows: 

Section 1. The town of Ware is hereby authorized to 
take over all the properties, rights, powers and privileges 
of the Ware Fire District Number One, and to assume all 
the duties and obligations of said district, and shall there- 
upon become in all respects the lawful successor to said 
district. 

Section 2. This act shall not affect any act done, ratified 
or confirmed by said district or qx\j of its officers prior to the 
date upon which this act becomes fully effective, nor any 
right accrued or established, nor any action, suit or pro- 
ceeding commenced or had in a civil case, nor shall it impair 
the validity of any of the notes, bonds or other obligations 
of said district outstanding on said date. Any indebtedness 
incurred by the district and outstanding at the time it is 
taken over by the town shall be assumed by the town. 

Section 3. The fire department of said district as con- 
stituted on the date upon which this act becomes fully 
effective shall thereupon become the fire department of the 
town and shall be continued as such in the manner pro- 
vided by, and in all respects as though the town had ac- 
cepted, sections forty-two to forty-four, inclusive, of chapter 
forty-eight of the General Laws; and the provisions of 
chapter forty-five of the acts of nineteen hundred and 
thirty-eight, as affected by chapter one hundred and nine- 
teen of the acts of nineteen hundred and fortj^-five, and of 
chapter forty-six of the acts of nineteen hundred and thirty- 
eight, applicable to the fire department of the district shall 
continue to apply to the positions of chief engineer and 
regular firemen of the fire department of the town. 

Section 4. This act shall take full effect upon its ac- 
ceptance, within two years after its passage, by a majority 
of the voters of the Ware Fire District Number One present 
and voting thereon at a meeting called for the purpose, and 
by a majority of the voters of the town of Ware present and 
voting at any town meeting, but not otherwise. 

Approved March 31, 1947. 



Acts, 1947. — Chaps. 210, 211. 137 



An Act authortzinc the city of newton to pay a sum Qfidj) 210 

OF MONEY TO LESTER REED OF NEWTON FOR MEDICAL AND ^' 

HOSPITAL EXPENSES INCURRED BY HIM AS A RESULT OF 
INJURIES WHICH HE SUSTAINED WHILE ACTING AS A 
VOLUNTEER FIREMAN FOR SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the city of Newton is hereb}'- authorized to ap- 
propriate the sum of fourteen hundred and sixty-six dollars 
and fifty-two cents to reimburse Lester Reed of said Newton 
for medical and hospital expenses incurred by him, as a 
result of injuries which he sustained while acting as a volun- 
teer fireman in the fire department of said city. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of the aldermen of said city, subject to the 
provisions of its charter, but not otherwise. 

Approved March SI, 1947. 



An Act relative to the filling of vacancies in the nhnj) oil 

OFFICE of mayor AND IN THE MUNICIPAL COUNCIL IN ^' 

THE CITY OF TAUNTON. 

Be it enacted, etc., as follows: 

Section 1. If a person elected to the ofRce of mayor in 
the city of Taunton resigns, after having been inducted 
into office, or if said office becomes vacant by reason of 
death, imprisonment or any other cause, the municipal 
council of said city shall, within fifteen days thereafter, 
elect by a majority vote a mayor from their own number, 
who shall serve for the remainder of the term of the person 
elected as mayor at the last preceding biennial election, and 
shall be paid during his term of office on the same annual 
salary basis as his predecessor. 

Section 2. If a member of the municipal council of 
said city resigns, or if there is a vacancy in said council 
by reason of death, imprisonment or any other cause, the 
council shall, within fifteen days thereafter, fill such vacancy 
by electing the person who at the last biennial election 
received the next highest vote to the last of the nine persons 
elected thereat to the council, and on his refusal to serve, 
the person who received the next highest vote to him at 
said election, and, on his refusal to serve, other persons who 
were candidates for membership in the council at said election 
and were defeated shall be elected to fill such vacancy in the 
order of the respective number of votes received by such 
candidates at said election. The person so elected shall 
serve for the balance of the unexpired term of the person 
whom he succeeds and his salary shall be on the same annual 
basis as all other members of the council. 



138 Acts, 1947. — Chap. 212. 

Section 3. So much of chapter four hundred and forty- 
eight of the acts of nineteen hundred and nine, and acts in 
amendment thereof and in addition thereto, as is incon- 
sistent with this act, is hereby repealed. 

Section 4. This act shall be submitted to the registered 
voters of the cit}^ of Taunton at its biennial municipal 
election in the current year, in the form of the following 
question, which shall be placed upon the official ballot to 
be used at said election: — "Shall an act passed by the 
general court in the year nineteen hundred and forty-seven, 
entitled 'An Act relative to the filling of vacancies in the 
office of mayor and in the municipal council in the city of 
Taunton', 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 March SI, 1947. 



Chap.212 An Act authorizing the division of precinct one in 

THE TOWN OF BELMONT INTO TWO PRECINCTS. 

Be it enacted, etc., as follows: 

Section 1. Upon the acceptance of this act by the town 
of Belmont, as hereinafter provided, the selectmen shall 
forthwith divide the territory now laid out as precinct one, 
pursuant to chapter three hundred and two of the acts of 
nineteen hundred and twenty-six, into two precincts to be 
designated, respectively, as precinct one and precinct eight. 
Each of said precincts shall contain approximately an equal 
number of voters and shall be so established as to consist 
of compact and contiguous territory, to be bounded as far 
as possible by the center line of known streets and ways or 
by other well-defined limits. The town meeting members 
presently serving from the present precinct one shall con- 
tinue to serve for the balance of their respective terms as 
members from that one of the two new precincts hereby au- 
thorized in which they respectively reside. At the first 
annual town election following said division the registered 
voters in each of the two new precincts shall elect twelve 
members to serve for three years, a sufficient number of 
new members to serve for two years, so that the new mem- 
bers so elected, together with those continuing to serve in 
the precinct for the unexpired balance of their terms, being 
two years as aforesaid, shall equal twelve members, and a 
sufficient number of new members to serve for one year so 
that the new members so elected, together with those con- 
tinuing to serve in the precinct for the unexpired balance of 
their terms, being one year as aforesaid, shall equal twelve 
members. Thereafter the town meeting members from said 
two new precincts shall be elected in accordance with sec- 
tion one of said chapter three hundred and two. This 
section shall in no way affect the terms of office of the town 
meeting members now serving from the present precincts 
two to seven, both inclusive. 



Acts, 1947. — Chap. 213. 139 

Section 2. Section 2 of said chapter 302 is hereby 
amended by striking out, in Hne 7, the word "fifty-two" 
and inserting in place thereof the word : — eighty-eight, — 
so that the first sentence will read as follows : — Other 
than the officers designated in section three as town meeting 
members at large, the representative town meeting member- 
ship shall in each precinct consist of the largest number 
divisible by three which will admit of a representation of all 
precincts by an equal number of members and which will 
not cause the total elected town meeting membership to 
exceed two hundred and eighty-eight. 

Section 3. The provisions of said chapter three hundred 
and two shall be applicable to said precincts one and eight 
when established, except as herein provided. 

Section 4, This act shall be submitted to the registered 
voters of the town of Belmont at any annual town meeting. 
The vote shall be taken by ballot in precincts in accordance 
with the provisions of the General Laws, so far as the same 
shall be applicable, in answer to the following question, 
which shall be placed upon the official ballot to be used at 
said meeting for the election of town officers: "Shall an 
act passed by the general court in the year nineteen hundred 
and forty-seven, entitled 'An Act authorizing the division 
of precinct one in the town of Belmont into two precincts', 
be accepted by this town?" 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 March 31, 1947. 



An Act authorizing the governor to execute retroac- QJiq^j) 213 
tive leases between the commonwealth and certain ^' 

agencies of the federal government, and to take 

action TOWARDS THE COLLECTION OF RENT FOR CERTAIN 
PROPERTY. 

Be it enacted, etc., as follows: 

The governor is hereby authorized to execute retroactive 
leases between the commonwealth and the Reconstruction 
Finance Corporation and between the commonwealth and 
the War Assets Administration for the period between 
September sixteenth, nineteen hundred and forty-five, and 
January first, nineteen hundred and forty-seven, covering 
the following described premises situated in the town of 
Natick: — A plot of land consisting of 32.22 acres, more or 
less, as outlined on a certain plan of "Commonwealth Depot 
Motor Repair Park, scale — one inch equals eighty feet, 
March 1942", which plan by reference thereto is made a 
part hereof, together with the buildings on such land, known 
as Building No. 1, containing one hundred and two thousand 
and ten square feet of floor area; Building No. 2, containing 
twenty-six thousand square feet of floor area; an unloading 
building, containing eighteen hundred square feet of floor 
area; six magazine buildings, containing in all nine hundred 



140 Acts, 1947. — Chaps. 214, 215. 

and thirty-two square feet of floor area; the lubritorium 
buildmg, containing nine hundred and eighty-five square 
feet of floor area; together with the subsurface fifteen 
thousand-gallon tank with two surface gasoline pumps; 
the paint shop, containing twenty-two hundred square 
feet of floor area; and the garage building, containing sixty 
thousand square feet of floor area; and the governor is 
hereby further authorized to sign all other papers and do 
all other things necessary to collect the amounts of rent due 
to the commonwealth from the federal government, or any 
agency thereof, for the use and occupation of said premises 
between the aforementioned dates. 

Approved March SI, 1947. 

Chap. 214: An Act to authorize the city of Worcester to invest 

CERTAIN TRUST FUNDS IN MORTGAGES ON REAL ESTATE. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of section fifty-four of 
chapter forty-four of the General Laws, as most recently 
amended by section twenty-four of chapter three hundred 
and fifty-eight of the acts of nineteen hundred and forty- 
six, the city of Worcester may invest trust funds, including 
cemetery perpetual care funds, unless otherwise provided 
or directed by the donor thereof, in mortgages on real estate 
under the same terms and conditions as are set forth in 
clause First of section fifty-four of chapter one hundred 
and sixty-eight of the General Laws. 

Approved March SI, 1947. 

Cha'p.2\b An Act relative to the exemption from the workmen's 

COMPENSATION LAW OF CERTAIN PERSONS EMPLOYED TO 
PARTICIPATE IN ORGANIZED PROFESSIONAL ATHLETICS. 

Be it enacted, etc., as follows: 

EdV' 152 '§ 1 '^^^ fi^^^ paragraph of paragraph (4) of section 1 of chap- 
etci.amendedl tcr 152 of the General Laws, as most recently amended by 
chapter 369 of the acts of 1945, is hereby further amended 
by inserting after the word "commerce" in the fourth line 
the following: — , persons employed to participate in 
organized professional athletics, while so employed, if their 
contracts of hire provide for the payment of wages during 
the period of any disability resulting from such employment, 
"Employee" — SO as to read as follows: — "Employee", every person 
defined. -^^ ^^le servicc of another under any contract of hire, express 

or implied, oral or written, excepting masters of and seamen 
on vessels engaged in interstate or foreign commerce, persons 
employed to participate in organized professional athletics, 
while so employed, if their contracts of hire provide for the 
payment of wages during the period of any disability re- 
sulting from such employment, persons employed by an 
employer engaged in interstate or foreign commerce but 
only so far as the laws of the United States provide for 



Acts, 1947. — Chaps. 216, 217. 141 

compensation or for liability for their injury or death, and 
a person whose employment is not in the usual course of 
the trade, business, profession or occupation of his em- 
ployer, but not excepting a person conclusively presumed 
to be an employee under section twenty-six of this chapter. 

Approved March SI, 1947. 

An Act further defining the term "school bus" as Qjidr) 216 

USED IN the motor VEHICLE LAWS, AND FURTHER REGU- ^' 

LATING THEIR OPERATION. 

Whereas, The deferred operation of this act would tend ^r?^biT^ 
in part to defeat its purpose, which is to make certain provi- "^ ^ ^ 
sions of law apply forthwith to certain vehicles used as 
school buses, therefore it is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 90 of the General Laws, o. l. (Xer. 
as amended, is hereby further amended by striking out, in ftl^am^nde^. 
line 10 of the paragraph defining "school bus", inserted by 
chapter 91 of the acts of 1946, the word "seven" and in- 
serting in place thereof the word : — nine, — so that said 
paragraph will read as follows : — 

"School bus", any motor vehicle owned or operated by "School bus" 
any city or town and used on a full-time or part-time basis •i^^"*'^- 
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 accommo- 
dations for and carrying not more than nine persons or a 
motor vehicle operated by a holder of a certificate issued 
under section seven of chapter one hundred and fifty-nine A 
and a permit issued under section eight of said chapter. 

Section 2. Said chapter 90 is hereby further amended Ed.V'Kew 
by inserting after section 7C the following section : — Sec- § 7D, added. 
lion 7D. The requirements of clause (1) of section seven B Requiremenuj 
shall apply to any motor vehicle, having permanent seating ffon°ofS'!i 
accommodations for and carrying eight or nine persons, t^<,ert^n^^^^ 
while used for the transportation of school children under a motor 
written or oral contract with a city or town. vehicles. 

Approved March 31, 1947. 

An Act relative to the computation of reserves of Chap.217 
insurance companies other than life companies. 

Be it enacted, etc., as follows: 

Chapter 175 of the General Laws is hereby amended by o. l. (Ter. 
striking out section 10, as appearing in the Tercentenary f ^o.' imended. 
Edition, and inserting in place thereof the following section : 



142 Acts, 1947. — Chaps. 218, 219. 

of°r'?fe"tM'o° — Section 10. The commissioner shall determine the liabil- 
complnlel ° itj of a Company other than a Hfe company, upon its contracts 
ufe.^'*^^" of insurance, excepting ocean marine insurance, and the 
amount the company shall hold as a reserve for reinsurance 
by charging as a liability fifty per cent of the premiums writ- 
ten in its policies, or the actual unearned portions of such 
premiums. He shall charge as a liability fifty per cent of 
the amount of the premiums written in its policies of ocean 
marine insurance upon yearly risks, and upon risks covering 
more than one passage not terminated, and the full amount 
of premiums written in policies upon all other ocean marine 
risks not terminated, except that in the case of a foreign fire 
and marine company with less than three hundred thousand 
dollars capital, admitted to transact fire insurance only, he 
shall charge as a liability the full amount of premiums written 
in its marine and inland navigation and transportation in- 
surance policies. Approved April 1, 1947. 



Chav.218 ^^ Act authorizing cities and towns which provide 
an extended course of instruction on junior college 
level for veterans and others to use the designation 

"junior college" in CONNECTION THEREWITH. 

Be it enacted, etc., as follows: 

Notwithstanding any provision of law to the contrary, any 
city or town, while conducting an extended course of in- 
struction on junior college level for veterans and others, 
under authority of chapter five hundred and thirty-two of 
the acts of nineteen hundred and forty-six, may use the 
designation "junior college"; provided, that such designa- 
tion shall relate to a school only with respect to the conduct 
thereat of such an extended course of instruction. 

Approved April 1, 19^7. 



Chap. 219 An Act MAKING APPROPRIATIONS FOR THE MAINTENANCE 
OF DEPARTMENTS, BOARDS, COMMISSIONS, INSTITUTIONS 
AND CERTAIN ACTIVITIES OF THE COMMONWEALTH, FOR 
INTEREST, 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 sundrj' other services, and for certain permanent im- 
provements, 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 
commonwealth, unless some other source of revenue is 
expressed, subject to the provisions of law regulating the 
disbursement of public funds and the approval thereof, for 
the fiscal year ending June thirtieth, nineteen hundred and 



Acts, 1947. — Chap. 219. 



143 



forty-eight, in this act referred to as the year nineteen 
hundred and forty-eight, 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-eight 

For the compensation of representatives 

For expenses of representatives, including 
travel, for the year nineteen hundred and 
forty-eight ...... 

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 sen- 
ate and house of representatives, with the 
approval of the sergeant-at-arms, includ- 
ing not more than two permanent posi- 
tions ....... 

For the salaries of assistant doorkeepers of the 
senate and house of representatives and of 
general court officers, with 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 
legislative 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, in- 
cluding not more than six permanent posi- 
tions ....... 



$102,500 00 

22,000 00 
602,500 00 



140,000 00 
18,200 00 



12,200 00 



4,600 00 



9,600 00 
5,000 00 

9,650 00 



26,000 00 



7,000 00 



65.500 00 



12.850 00 



7,950 00 



2,460 00 



28,300 00 



41,930 00 



144 



Acts, 1947. — Chap. 219. 



Item 

0101-20 For clerical and other assistance to the senate 
committee on rules, including not more 
than one permanent position . . $5,600 00 

0101-21 For clerical and other assistance to the house 
committee on rules, including not more 
than four permanent positions . . 12,520 00 

0101-25 For clerical and other assistance to the house 
committee on ways and means, including 
not more than three permanent positions 13,460 00 

0102-01 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 10,000 00 

0102-02 For printing, binding and paper ordered by 
the senate and house of representatives, or 
by concurrent order of the two branches, 
for the year nineteen hundred and forty- 
eight and the previous year, with the ap- 
proval of the clerks of the respective 
branches 110,000 00 

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

0102-05 For stationery for the senate, purchased by 
and with approval of the clerk 

0102-06 For office and other expenses of the com- 
mittee on rules on the part of the senate . 

0102-07 For office expenses of the counsel to the sen- 
ate 

0102-08 For stationery for the house of representa- 
tives, purchased by and with the approval 
of the clerk ...... 

0102-09 For office and other expenses of the commit- 
tee on rules on the part of the house 

0102-10 For office expenses, including travel, of the 
counsel to the house of representatives 

0102-11 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 

0102-12 For telephone service .... 

0102-14 For the payment of witness fees to persons 
summoned to appear before committees of 
the general court, and for expenses inci- 
dental to summoning them, with the ap- 
proval of the sergeant-at-arms . . 200 00 

0102-28 For expenses of the house committee on ways 
and means, to be in addition to any amount 
heretofore appropriated for the purpose . 1,000 00 

Total $1,318,520 00 



27,000 00 


500 00 


200 00 


300 00 


800 00 


2,000 00 


300 00 


9,500 00 
7,000 00 



0301-01 



0301-02 
0301-03 



0301-04 
0301-05 



Service of the Judicial Department. 

Supreme Judicial Court, as follows: 

For the salaries of the chief justice and of the 
six associate justices .... $120,000 00 

For traveling allowances and expenses . 1,500 00 

For the salary of the clerk for the common- 
wealth 7,100 00 

For clerical assistance to the clerk . . 2,900 00 

For law clerks, stenographers and other cleri- 
cal assistance for the justices . . , 34,650 00 



Acts, 1947. — Chap. 219. 



145 



0301-06 For office supplies, services and equipment . $5,000 00 

0301-07 For the salaries of the officers and messengers 4,785 00 
0301-08 For the commonwealth's part of the salary 

of the clerk for the county of Suffolk . 1,500 00 

Total $177,435 00 



Reporter of Decisions: 
0301-11 For the salary of the reporter of decisions . $7,000 00 

0301-12 For clerk hire and office supphes, services and 
equipment, including not more than four 
permanent positions .... 15,660 00 

Total $22,660 00 



0302-01 



0302-02 
0302-03 



0302-04 



Superior Court, as follows: 

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

For traveling allowances and expenses 

For the salary of the assistant clerk, Suffolk 
County ...... 

For clerical work, inspection of records and 
doings of persons authorized to admit to 
bail, for an executive clerk to the chief jus- 
tice, and for certain other expenses inci- 
dental to the work of the court 



Total 



$465,000 00 
20,000 00 

1,000 00 



15,950 00 
$601,950 00 



Justices of District Courts: 

0302-1 1 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 compen- 
sation of certain special justices for serv- 
ices in holding sessions of district courts in 
place of the justice, while sitting in the 
superior court ..... 



Total 



$5,000 00 
700 00 



2,500 00 
$8,200 00 



Judicial Council: 

0303-01 For expenses of the judicial council, as au- 
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 $1,800 00 

0303-02 For compensation of the secretary of the 
judicial council, as authorized by said sec- 
tion thirty-four C of said chapter two him- 
dred and twenty-one .... 3,500 00 

Total $5,300 00 



Administrative Committee of District 
(yourts : 
0304-01 For compensation and expenses of the ad- 
ministrative committee of district courts . $6,500 00 

Probate and Insolvency Courts, as follows: 
0305-02 For the compensation of judges of probate 

when acting for other judges of probate , $8,600 00 



146 



Acts, 1947. — Chap. 219. 



Item 

0305-03 



For expenses of judges of probate when act- 
ing for other judges of probate 
0305-06 For reimbursing officials for premiums paid 
for procuring sureties on their bonds, as 
provided by existing laws 



For the salaries of judges of probate, regis- 
ters of probate, assistant registers and 
clerical assistance to registers of the sev- 
eral counties: 
Barnstable: 

Judge of probate ..... 

Register ...... 

Assistant register ..... 

Clerical assistance to register, including 
not more than three permanent positions 



0306-21 
0306-41 
0306-61 
0306-81 



0306-22 
0306^2 
0306-62 
0306-82 



0306-23 
0306-43 
0306-63 
0306-83 



0306-24 
0306-44 
0306-84 



0306-25 
0306^5 
0306-65 
0306-85 



0306-26 
0306-46 
0306-66 
0306-86 



0306-27 
0306-47 
0306-67 
0306-87 



0306-28 
0306-48 
0306-68 
0306-88 



Berkshire: 
Judge of probate ..... 

Register ...... 

Assistant register ..... 

Clerical assistance to register, including not 
more than four permanent positions 

Bristol : 

Judge of probate ..... 

Register ...... 

Two assistant registers .... 

Clerical assistance to register, including not 
more than eleven permanent positions . 

Dukes County: 

Judge of probate .... 
Register ..... 
Clerical assistance to register, including not 
more than one permanent position 

Essex: 

Two judges of probate .... 

Register ...... 

Three assistant registers 
Clerical assistance to register, including not 
more than sixteen permanent positions . 

Franklin: 
Judge of probate ..... 

Register ...... 

Assistant register ..... 

Clerical assistance to register, including not 
more than two permanent positions 

Hampden: 
Two judges of probate .... 

Register ...... 

Three assistant registers 
Clerical assistance to register, including not 
more than eleven permanent positions . 

Hampshire: 
Judge of probate ..... 

Register ...... 

Assistant register ..... 

Clerical assistance to register, including not 
more than two permanent positions 



$1,700 00 
500 00 



$8,000 00 
4,200 00 
3,240 00 

5,370 00 



8,000 00 
4,600 00 
3,420 00 

7,890 00 



10,000 00 
5,700 00 
7,620 00 

20,720 00 



3,500 00 
3,000 00 

1.740 00 



20,000 00 

6,300 00 

12,180 00 

32,110 00 



8,000 00 
4,200 00 
3,240 00 

3.640 00 



20,000 00 

6,300 00 

11,220 00 

22,080 00 



8,000 00 
4,200 00 
3,240 00 

4,230 00 



Acts, 1947. — Chap. 219. 



147 



It«m 

Middlesex: 

0306-29 Two judges of probate .... $24,000 00 

0306-49 Register 7,100 00 

0306-69 Four assistant registers .... 19,380 00 
0306-89 Clerical assistance to register, including not 

more than forty permanent positions . 77,670 00 

0306-30 Judge of probate 3,500 00 

0306-50 Register 3,000 00 

0306-90 Clerical assistance to register ... 460 00 

Norfolk: 

030e-31 Judge of probate 12,000 00 

0306-51 Register 6,300 00 

0306-71 Three assistant registers . 11,620 00 
0306-91 Clerical assistance to register, including not 

more than fifteen permanent positions . 28,990 00 

Plymouth: 

Judge of probate 8,000 00 

Register 4,600 00 

Assistant register ..... 3,280 00 
Clerical assistance to register, including not 

more than six permanent positions 10,140 00 

Suffolk: 
Three judges of probate .... 39,000 00 

Register 7,100 00 

Four assistant registers . . . 18,816 00 
Clerical assistance to register, including not 
more than forty-seven permanent posi- 
tions 93,670 00 

Two judges of probate .... 20,000 00 

Register 6,300 00 

Three assistant registers . . . 11,880 00 
Clerical assistance to register, including not 

more than fourteen permanent positions 27,657 00 

Total $721,102 00 

Administrative Committee of Probate 
Courts: 
For expenses of the administrative commit- 
tee of probate courts .... $200 00 



Service of the Land Court. 

For the salaries of the judge, associate judges 
and the recorder, including not more than 
four permanent positions $43,500 00 

For engineering, clerical and other personal 
services, including not more than twenty- 
seven permanent positions 98,500 00 

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 reg- 
istered land 23,500 00 

Total $165,600 00 



148 



Acts, 1947. — Chap. 219. 



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 ...... 



$70,000 00 



0310-01 

0310-02 

0310-03 

0310-04 

0310-05 

0310-06 
0310-07 

0310-08 
0310-09 



0311-01 
0311-02 



Service of the District Attorneys. 

District Attorneys, as follows: 

For the salaries of the district attorney and 
assistants for the Suffolk district, including 
not more than fourteen permanent posi- 
tions ....... 

For the salaries of the district attorney and 
assistants for the northern district, includ- 
ing not more than seven permanent posi- 
tions ....... 

For the salaries of the district attorney and 
assistants for the eastern district, includ- 
ing not more than five permanent posi- 
tions ....... 

For the salaries of the district attorney, dep- 
uty district attorney and assistants for the 
southeastern district, including not more 
than five permanent positions 

For the salaries of the district attorney and 
assistants for the southern district, includ- 
ing not more than four permanent posi- 
tions ....... 

For the salaries of the district attorney and 
assistants for the middle district, including 
not more than four permanent positions 

For the salaries of the district attorney and 
assistants for the western district, includ- 
ing not more than three permanent posi- 
tions ....... 

For the salary of the district attorney for the 
northwestern district .... 

For traveling expenses necessarily incurred 
by the district attorneys, except in the Suf- 
folk district, including expenses incurred 
in previous years ,'.... 

Total 



Service of the Board of Probation. 

For personal services of the commissioner, 
clerks and stenographers, including not 
more than forty-three permanent positions 

For services other than personal, including 
printing the annual report, traveling ex- 
penses, rent, office supplies and equipment 



Total 



$66,000 00 

32,000 00 

17,400 00 

19,200 00 

15,100 00 
15,000 00 

10,400 00 
4,000 00 

5,000 00 
$184,100 00 

$97,460 00 

8,000 00 
$106,460 00 



Service of the Board of Bar Examiners. 

0312-01 For personal services of the members of the 
board, including not more than five per- 
manent positions ..... $14,500 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 . 7,900 00 

Total $22,400 00 



Acts, 1947. — Chap. 219. 



149 



Item 

0318-01 



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 appropriation 
shall not be construed as fixing the specific 
amount for which the commonwealth shall 
be liable on account of said maintenance 



$116,000 00 



0401-01 
0401-02 
0401-03 
0401-04 

0401-05 

0401-21 

0401-22 

0401-23 

0401-24 



0401-25 



0401-27 
0401-31 



0402-01 
0402-02 



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 . . . . . 

For certain personal services for the lieuten- 
ant governor and council 

For travel and expenses of the lieutenant 
governor 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, traveling 
and contingent expenses of the governor 
and council . . . 

For the cost of entertainment of distinguished 
visitors to the commonwealth, for the pay- 
ment of extraordinary expenses not other- 
wise provided for; and for transfers to ap- 
propriation accounts where the amounts 
otherwise available are insufficient, with 
the approval of the governor and council; 
provided, that not more than fifteen thou- 
sand dollars shall be for the cost of enter- 
tainment hereinabove mentioned. Re- 
quests for such transfers shall be referred by 
the governor to the commission on adminis- 
tration and finance, which, after investiga- 
tion, shall submit to the governor its 
written recommendation as to the amount 
of funds required, together with pertinent 
facts relative thereto 

For certain maintenance expenses of the 
governor's automobile 

(This item omitted.) 

For the purchase of portraits of former gov 
emors, as authorized by section nineteen of 
chapter eight of the General Laws . 

Total 



Service of the Adjutant General. 

For the salary of the adjutant general 
For personal services of office assistants, in- 
cluding services for the preparation of rec- 
ords of Massachusetts soldiers and sailors, 
and including not more than eighteen per- 
manent positions .... 



$20,000 00 
6,000 00 
16,000 00 

66,000 00 

7,380 00 

3,000 00 

12,000 00 

3.500 00 



75,000 00 
1,800 00 

3,000 00 
$213,680 00 

$6,600 GO 
54,770 00 



150 



Acts, 1947. — Chap. 219. 



Item 
0402-03 



0402-04 



0402-21 
0402-25 



0403-01 
0403-03 



0403-05 
0403-07 



0403-13 



0403-14 
0403-15 
0403-17 



0403-18 
0403-19 



0403-23 



0405-01 



For services other than personal, and for 
necessary office supplies and expenses 

For expenses not otherwise provided for in 
connection with military matters and ac- 
counts ....... 

Total 



Specials: 

For personal services and other expenses in 
connection with the operation of the war 
records project, so called 

For expenses of the United Spanish War Vet- 
erans, as authorized by chapter three hun- 
dred and eleven of the acts of nineteen hun- 
dred and forty-six ..... 

Total 



Service of the Organized Militia. 

For allowances to companies and other ad- 
ministrative units, to be expended under 
the direction of the adjutant general 

For certain allowances for officers of the 
organized militia, as authorized by para- 
graph (c) of section one hundred and 
twenty of chapter thirty-three of the 
General Laws ..... 

For pay and expenses of certain camps of 
instruction ...... 

For transportation of officers and non-com- 
missioned officers to and from military 
meetings and regimental and battalion 
drills ....... 

For compensation for special and miscellane- 
ous duty and for expenses of operation of 
the twenty-sixth division; provided, that 
any provision of law to the contrary not- 
withstanding, sums not exceeding in the 
aggregate sixteen thousand dollars may be 
expended for compensation for four full 
time positions ..... 

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

To cover certain small claims for damages to 
private property arising from military 
maneuvers ...... 

For services and expenses of the military res- 
ervation located in Barnstable County, in- 
cluding compensation of one commissioner 

For premiums on bonds for officers 

For instruction in military authority, organ- 
ization and administration, and in the ele- 
ments of military art . 

(This item included in item 0406-09.) 



Total 



Service of the State Quartermaster. 

For personal services of the state quarter- 
master, superintendent of arsenal and cer- 
tain other employees of the state quarter- 
master, including not more than eight 
permanent positions .... 



$7,000 00 

6,000 00 
$74,370 00 

$32,740 00 

1,500 00 
$34,240 00 

$100,000 00 

50,000 00 
60,000 00 

5,000 00 



30,000 00 

4,000 00 

300 00 



3,210 00 
2.200 00 



10,000 00 



$264,710 00 



$21,820 00 



Acts, 1947. — Chap. 219. 



151 



Item 

0405-02 For the salaries of armorers and assistant 
armorers of armories of the first class, 
superintendent of armories, and other em- 
ployees, including not more than eighty- 
two permanent positions . . $193,000 00 

0406-02 For office and general supplies and equipment 10,000 00 

0406-03 For the care and maintenance of the state 

camp ground and buildings at Framingham 1,650 00 

0406-04 For the operating expenses of armories of the 
first class, including heat and light, but not 
including repairs 100,000 00 

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-eight 17,500 00 

0406-06 For expenses of maintaining and operating 
the Camp Curtis Guild rifle range, includ- 
ing not more than five permanent positions 17,500 00 

0406-07 (This item included in items 0406-09 and 
0406-10.) 

0406-08 For miscellaneous repair and renewal projects 

at armories of the first class . . . 93,800 00 

0406-09 For personal services necessary for the opera- 
tion of the commonwealth depot and motor 
repair park, including not more than fifteen 
permanent positions .... 57,865 00 

0406-10 For maintenance, other than personal serv- 
ices, of the commonwealth depot and 
motor repair park ..... 18,000 00 

Total $531,135 00 



Service of the State Surgeon. 

0407-01 For personal services of the state surgeon, and 
regular assistants, including not more than 
thxee permanent positions . . $6,450 00 

0407-02 For services other than personal, and for 
necessary medical and office supplies and 
equipment ...... 1,500 00 

0407-03 For the examination of recruits . . 10,000 00 

Total $17,950 00 



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



$1,500 00 



Service of the Armory Commission. 

0409-01 For compensation of one member . $220 00 

0409-02 For office, incidental and traveling expenses 100 00 

Total $320 00 



Service of the Commission on Administration and Finance. 

0414-01 For personal services of the commissioners, 
including not more than four permanent 
positions $30,500 00 

0414-02 For personal services of the office of the 
chairman, including not more than eight 
permanent positions, to be in addition to 
the amount authorized for the purpose in 
item 2970-09 21,600 00 



152 



Acts, 1947. — Chap. 219. 



Item 

0414-03 For personal services of the bureau of the 
comptroller, including not more than 
ninety permanent positions, to be in addi- 
tion to the amount authorized for the pur- 
pose in item 2970-09 .... 

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 

0414-05 For personal services of the bureau of the pur- 
chasing agent, including not more than 
fifty-five permanent positions, to be in ad- 
dition to the amount authorized for the 
purpose in item 2970-09 

0414-06 For personal services of the division of per- 
sonnel and standardization, including not 
more than thirty-two permanent positions, 
to be in addition to the amount authorized 
for the purpose in item 2970-09 

0414-09 For other expenses incidental to the duties of 
the commission ..... 

Total 



$178,520 00 

27,080 00 

117,420 00 

78,980 00 

60,000 00 

$514,100 00 



Telephone service: 
0414-10 For telephone service in the state house and 
expenses in connection therewith 



$52,600 00 



Purchase of paper: 
0414-11 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: 
0414-12 For personal services of the central mailing 
room, including not more than eight per- 
manent positions ..... 



$20,075 00 



Personnel Appeal Boards: 
0414-31 For personal services and expenses of person- 
nel appeal boards, as authorized by chap- 
ter four hundred and eighty-five of the acts 
of nineteen hundred and forty-five . 



$2,000 00 



Service of the State Superintendent of Buildings. 

0416-01 For personal services of the superintendent 
and office assistants, including not more 
than five permanent positions . . . $16,860 00 

0416-02 For personal services of engineers, assistant 
engineers, firemen and helpers in the en- 
gineer's department, including not more 
than forty-one permanent positions . . 97,600 00 

0416-03 For personal services of capitol police, includ- 
ing not more than twenty-seven perma- 
nent positions 66,280 00 

0416-04 For personal services of janitors, including 
not more than twenty-three permanent 
positions 44,680 00 



Acts, 1947. — Chap. 219. 



153 



It6m 
0416-05 



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 perma- 
nent positions ..... 

Total 



S136,000 00 
$361,420 00 



Other annual ejcpenses: 

0416-11 For contingent, office and other expenses of 

the superintendent . . . . $310 00 

0416-12 For services, supplies and equipment neces- 
sary for the maintenance and care of the 
state house and grounds and of the Ford 
building, so called; including cleaning 
services and supplies and other ordinary 
maintenance; the cost of furnishing heat, 
hght and power; and repair and renewal 
projects including painting and the rear- 
rangement of office space . . 162,000 00 

0416-13 This item included in item 0416-12. 

0416-14 This item included in item 0416-12. 



Total 



$162,310 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 $49,420 00 

0419-02 For services other than personal, including 
rent of offices, travel, and office supplies 
and equipment ..... 12,500 00 

Total $61,920 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 . $6,700 00 

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 ...... 61,151 00 

0423-03 For services other than personal, including 
printing the annual report, office supplies 
and equipment, and incidental traveling 
expenses 8,500 00 

0423-04 For books and other pubUcations 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 9,000 00 

Total $85,351 00 



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



$225 00 



154 



Acts, 1947. — Chap. 219. 



Service of the Ballot Law Commission. 
Item 
0425-01 For compensation of the commissioners, in- 
cluding not more than three permanent 

positions $2,260 00 

0425-02 For expenses, including travel, supplies and 

equipment ...... 260 00 

Total $2,500 00 



Service of the Massachusetts Fair Employment Practice Commission. 

0426-01 For personal services and expenses of the 
Massachusetts fair employment practice 
commission, as authorized by chapter three 
hundred and sixty-eight of the acts of nine- 
teen himdred and forty-six, including not 
more than six permanent positions . . $44,310 00 



Service of the Emergency Housing Commission. 

0427-01 For personal services and expenses of the 
emergency housing commission, as author- 
ized by chapter five himdred and ninety- 
two of the acts of nineteen hundred and 
forty-six ...... 



$23,960 00 



Service of the Outdoor Advertising Authority. 

0428-01 For personal services and expenses of the out- 
door advertising authority, as authorized 
by chapter six hundred and twelve of the 
acts of nineteen hundred and forty-six, in- 
cluding not more than ten permanent posi- 
tions ....... 



$32,084 00 



Service of the Massachusetts Aeronautics Commission. 

0442-01 For personal services of employees, includ- 
ing not more than sixteen permanent posi- 
tions, and for administrative expenses, in- 
cluding consultants' services, office rent 
and other incidental expenses . . . $78,770 00 

0442-21 For personal services and other expenses of 
maintenance and operation of the Han- 
scom field, including not more than nine- 
teen permanent positions, as authorized 
by chapter four hundred and forty-two of 
the acts of nineteen hundred and forty-six 



Total 



90,000 00 
$168,770 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 $1,225 00 



For the Maintenance of the Old Stale House. 

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



$1,600 00 



Acts, 1947. — Chap. 219. 



155 



Service of the Secretary of the Commonwealth. 
Item 

0501-01 For the salary of the secretary . 

0501-02 For the salaries of officers and employees 
holding positions established by law, 
and other personal services, including not 
more than sixty-seven permanent posi- 
tions ....... 

0501-03 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 ...... 

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

0501-05 For printing registration books, blanks and 
indexes ...... 

0501-06 For the preparation of certain indexes of 
births, marriages and deaths 

0501-08 For the purchase of ink for public records of 
the commonwealth 



$8,000 00 
180,500 00 

22,000 00 

2,000 00 
2,000 00 
9,000 00 
1.000 00 



Total $224,500 00 

Specials: 

0502-01 For the purchase of certain supplies and 
equipment, and for other things necessary 
in connection with the reproduction of the 
manuscript collection designated "Massa- 
chusetts Archives" .... $6,000 00 

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 seven- 
teen hundred and eighty, inclusive, as au- 
thorized by chapter four hundred and 
thirteen of the acts of nineteen hundred 
and twenty 750 00 

Total $6,750 00 

For printing laws, etc. : 

0503-01 For printing and distributing the pamphlet 
edition and for printing and binding the 
blue book edition of the acts and resolves 
of the year nineteen hundred and forty- 
eight, and any unexpended balance of the 
appropriation made for this purpose in any 
fiscal year shall be available for expendi- 
ture in the succeeding fiscal year . $35,900 00 

0503-03 For the cost of printing and binding public 
documents for the year nineteen hundred 
and forty-eight and for previous years, to 
be in addition to any amount heretofore 
appropriated for this purpose . . . 3,600 00 

Total $39,400 00 

For matters relating to elections: 
0504-01 For personal and other services in preparing 
for primary elections, including not more 
than one permanent position, and for the 



156 



Acts, 1947. — Chap. 219. 



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 . $150,000 00 

0504-02 For the printing of blanks for town officers, 
election laws and blanks and instructions 
on all matters relating to elections . 3,000 00 

0504-03 For furnishing cities and towns with ballot 
boxes, and for repairs to the same; for the 
purchase of apparatus to be used at polling 
places in the canvass and counting of votes; 
and for pro^dding certain registration facili- 
ties 2,300 00 

Total $155,300 00 

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

law $1,500 00 



Commission on Interstate Co-operation: 
0506-01 For personal and other services of the com- 
mission, including travel and other ex- 
penses, as authori7,ed by sections twenty- 
one to twenty-four, inclusive, of chapter 
nine of the General Laws, including not 
more than two permanent positions 



$16,900 00 



Service of the Treasurer and Receiver-General. 

0601-01 For the salary of the treasurer and receiver- 
general ...... 

0601-02 For salaries of officers 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 

0601-03 For services other than personal, traveling 
expenses, office supplies and equipment . 



Total 



$7,000 00 



93,200 00 

26,000 00 

$126,200 00 



Commissioners on Firemen's Relief: 
0602-01 For relief disbursed, with 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 



0603-01 



Payments to Soldiers: 
For making payments to soldiers in recogni- 
tion of service during the world war and the 
Spanish war, as provided by law 

State Board of Retirement: 

0604-01 For personal services in the administrative 
office of the state board of retirement, in- 
cluding not more than thirteen permanent 
positions ...... 

0604-02 For services other than personal, printing the 
annual report, and for office suppHes and 
equipment . . . . 



$15,000 00 

300 00 

$15,300 00 



$1,000 00 



$27,720 00 



9,750 00 



Acts, 1947. - Chap. 219. 



157 



Item 
0604-03 



0604-05 



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 $1,044,000 00 

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 military 
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 . . 150,000 00 

Total $1,231,470 00 



Service of the Emergency Finance Board. 

0605-01 For administrative expenses of the emergency 
finance board, including not more than 
seven permanent positions 



$14,780 00 



Service of the State Emergency Public Works Commission. 
0606-01 For personal services and other expenses of 



the state emergency public works commis- 
sion, including not more than six perma- 
nent positions ..... 



$36,890 00 



Service of the Auditor of the Commonwealth. 

0701-01 For the salary of the auditor . $7,000 00 

0701-02 For personal services of deputies and other 
assistants, including not more than thirty- 
four permanent positions, to be in addition 
to the amount authorized for this purpose 

in item 2970-09 91,210 00 

0701-03 For services other than personal, traveling 

expenses, office supplies and equipment . 10,000 00 

Total $108,210 00 

Specials: 

0701-21 For personal services and expenses of a com- 
plete audit of the finances of the Boston 
Elevated Railway Company and of the ac- 
counts of the trustees thereof, including the 
cost of preparation of a report of said audit, 
as authorized by chapter five hundred and 
eightv-nine of the acts of nineteen hundred 
and forty-six $10,000 00 

0701-22 For expenses of the national convention of 
the National Association of State Auditors, 
Comptrollers, and Treasurers if held in the 
city of Boston in the year nineteen hundred 
and forty-eight, to be expended with the 
approval and under the direction of the 
governor and council .... 5,000 00 

Total $15,000 00 



158 



Acts, 1947. — Chap. 219. 



Item 
0801-01 
0801-02 



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 forty-two permanent positions 

0801-03 For services other than personal, traveling 
expenses, office supplies and equipment . 

0802-01 For the settlement of certain claims, as pro- 
vided by law, on account of damages by 
cars owned by the commonwealth and op- 
erated by state employees 

0802-02 For the settlement of certain small claims, as 
authorized by section three A of chapter 
twelve of the General Laws 



0803-06 
0803-07 



Total 



Specials: 

For the cost of providing certain legal assist- 
ance for the benefit of veterans, their 
wives and dependents .... 

For expenses of the convention of the Na- 
tional Association of Attorneys General, 
to be held in Boston in the year nineteen 
hundred and forty-eight, to be expended 
with the approval and under the direction 
of the governor and council 

Total 



$10,000 00 


174,630 00 


12,000 00 


8,000 00 


4,000 00 


$208,630 00 


$20,000 00 



6,000 00 



$25,000 00 



Service of the Department of Agriculture. 

0901-01 For the salary of the commissioner 

0901-02 For personal services of clerks and stenog- 
raphers, including not more than twenty- 
two permanent positions. 

0901-03 For traveling expenses of the commissioner . 

0901-04 For services other than personal, printing 
the annual report, office supplies and 
equipment, and printing and furnishing 
trespass posters ..... 

0901-11 For compensation and expenses of members 
of the advisory board .... 

0901-21 For services and expenses of apiary inspec- 
tion, including not more than one perma- 
nent position ..... 

0901-22 For personal services and other expenses of a 
program of soU conservation, as author- 
ized by chapter five hundred and thirty- 
one of the acts of nineteen hundred and 
forty-five; provided, that no compensa- 
tion or expenses of the supervisors referred 
to in said chapter shall be chargeable to 
this item ...... 

Total 



Division of Dairying and Animal Hus- 
bandry: 

0905-01 For personal services, including not more 
than seven permanent positions 

0905-02 For other expenses, including the enforce- 
ment of the dairy laws of the common- 
wealth 



$7,000 00 



47,130 00 
700 00 



17,000 00 
1,150 00 

6,144 00 



4,000 00 
$83,124 00 

$21,360 00 
7,000 00 



Acts, 1947. — Chap. 219. 



159 



Item 
0905-03 



For administering the law relative to the in- 
spection of barns and dairies by the de- 
partment of agriculture, including not 
more than fourteen permanent positions . $55,000 00 

Total $83,360 00 



0906-01 



0906-02 



Milk Control Board: 

For personal services of members of the 
board and their employees, including not 
more than seventy-five permanent posi- 
tions ...... 

For other administrative expenses of the 
board, including office expenses, rent, 
travel and special services 

Total 



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 eight- 
een permanent positions 

0907-03 For services other than personal, including 
printing the annual report, traveling ex- 
penses of the director, office supplies and 
equipment, and rent ... 

0907-04 For personal services of veterinarians and 
agents engaged in the work of extermina- 
tion of contagious diseases among domes- 
tic animals, including not more than ten 
full-time permanent positions and not 
more than one hundred and sixteen per- 
manent 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-eight and previous years, travel, 
when allowed, of inspectors of animals, 
incidental expenses of killing and burial, 
quarantine and emergency services, and 
for laboratory and veterinary supplies and 
equipment ...... 

0907-07 For reimbursement of owners of tubercular 
cattle killed, as authorized by section 
twelve A of chapter one hundred and 
twenty-nine of the General Laws, and in 
accordance with certain provisions of law 
and agreements made under authority of 
section thirty-three of said chapter one 
hundred and twenty-nine during the year 
nineteen hundred and forty-eight and the 
previous year, to be in addition to any 
amount heretofore appropriated for the 
purpose ...... 

Total 

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



$199,000 00 

58,000 00 
$257,000 00 

$4,800 00 
36,510 00 

8.400 00 



66,050 00 
9,000 00 



3,400 00 



45,000 00 
$173,160 00 



$4,000 00 



160 



Acts, 1947. — Chap. 219. 



Item 
0908-01 
0908-C2 



0909-01 



0909-02 
0909-11 



0909-12 

0909-13 
0909-14 
0909-21 

0910-01 



Division of Markets: 
For personal services, including not more 

than thirteen permanent positions . 
For other expenses ..... 

Total 



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 blister rust, 
and for payments of claims on account of 
currant and gooseberry bushes destroyed in 
the work of suppressing white pine blister 
rust ....... 

For quarantine and other expenses in connec- 
tion 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 connec- 
tion with the work of suppression of the 
Japanese beetle, so called 

For personal services and expenses in connec- 
tion 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 



$43,065 00 
11,000 00 

$54,065 00 



$12,220 00 
10,000 00 



7,360 00 

1,950 00 

2,150 00 

11,020 00 

28,000 00 
$72,700 00 

$12,000 00 



Service of the Department of Conservation. 

1001-01 For the salary of the commissioner 
1001-02 For traveling expenses of the commissioner 
1001-03 For services other than personal, including 
printing, supplies and equipment, and rent 
1001-04 For clerical and other assistance to the com- 
missioner, including not more than fifteen 
permanent positions .... 

Total 



1002-01 
1002-02 

1002-11 



Division of Forestry: 

For personal services of the director and office 
assistants, including not more than five 
permanent positions .... 

For services other than personal, including 
printing the annual report, and for travel- 
ing expenses, necessary office supplies and 
equipment, and rent .... 

For aiding towns in the purchase of equip- 
ment for extinguishing forest fires, and for 
making protective belts or zones as a de- 
fence against forest fires, for the year nine- 
teen hundred and forty-eight and for pre- 
vious years ...... 



$7,000 00 
500 00 

6,500 00 



50.000 00 



$64,000 00 



$14,030 00 



2,700 00 



1,000 00 



Acts, 1947. — Chap. 219. 



161 



It«in 

1002-12 



1002-14 
1002-15 
1002-18 

1002-21 



1002-31 



1002-58 



For personal services of the state fire warden 
and his assistants, and for other services, 
including travehng expenses of the state 
fire warden and his 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 

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

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

For personal services and expenses, including 
not more than two permanent positions, in 
connection with establishing forest cutting 

Eractices, as authorized by chapter five 
undred and thirty-nine of the acts of nine- 
teen hundred and forty-three . 

For the development of state forests, including 
not more than seventeen 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 ...... 

For personal services, including not more 
than seven permanent positions, and for 
other expenses incidental to the suppres- 
sion of insect pests and shade tree diseases, 
including gypsy and brown tail moths and 
Japanese beetles, and for reimbursement 
to cities and towns of a proportion of their 
expenses for such work, as provided by 
law ....... 

(This item omitted.) 

Total 



Division of Fisheries and Game, Enforce- 
ment of Laws: 

1004-11 For personal services of conservation officers, 
including not more than thirty-nine per- 
manent positions, partly chargeable to 
item 3304-11 

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 



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 item 1004-84 and item 1004-85 



$102,950 00 

11,500 00 

1,000 00 

7,000 00 



150,000 00 



74,130 00 
$364,310 00 

$54,295 00 

17,500 00 
$71,795 00 

$6,600 00 
22,070 00 



162 



Acts, 1947. — Chap. 219. 



Item 
1004-72 



For services other than personal, traveling 
expenses, necessary office supplies and 
equipment, and rent, and including other 
expenses required in connection with the 
activities provided for under items 1004-84 
and 1004-85 



$6,000 00 



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 regulat- 
ing 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 ex- 
ceed the prevailing wholesale price for 
such lobsters in the district where pur- 
chased ....... 

1 004-84 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 sub- 
ject to appropriation as required by sec- 
tion 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 funds herein provided 
shall not be subject to appropriation as 
required by section fifty-three of chapter 
forty-four of the General Laws 



Total 



1004-87 
1004-90 



Specials: 

For the cost of construction and improve- 
ment of certain fishways 

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 hun- 
dred and forty-one .... 

Total 



53,840 00 



20,300 00 



1.000 00 



11,500 00 



5,000 00 



$125,310 00 



$6,000 00 



4,600 00 



1004-91 



Bounty on seals: 
For bounties on seals 



$10,600 00 
$400 00 



Acts, 1947. — Chap. 219. 



163 



1101-01 
1101-02 



1101-03 



1102-01 



1102-02 



Service of the Department of Banking and Insurance. 

Division of Banks: 

For the salary of the commissioner . . $8,500 00 

For services of deputy, directors, examiners 
and assistants, clerks, stenographers and 
experts, including not more than one hun- 
dred and forty-two permanent positions . 

For services other than personal, printing the 
annual report, traveling expenses, oflBce 
supplies and equipment .... 



Total 



Supervisor of Loan Agencies: 

For personal services of supervisor and as- 
sistants, including not more than seven 
permanent positions .... 

For services other than personal, printing the 
annual report, office supplies and equip- 
ment ....... 

Total 



Division of Insurance: 
1103-01 For the salary of the commissioner 
1103-02 For other personal services of the division, in- 
cluding expenses of the board of appeal and 
certain other costs of supervising motor 
vehicle liability insurance, and including 
not more than one hundred and ninety- 
eight permanent positions, partly charge- 
able to item 2970-02 .... 
1103-03 For other expenses, including printing the 
annual report, travel expenses, rent of 
offices and the purchase of necessary office 
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 
shall not be subject to the restrictions pre- 
scribed by section one of chapter five of 
the General Laws ..... 



Total 



1104-01 



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



Division of Savings Bank Life Insurance: 
1105-01 For personal services of officers and em- 
ployees, including not more than thirty- 
two permanent positions. 
1105-02 For services other than personal, printing the 
annual report, traveling expenses, rent and 
equipment ...... 



463,000 00 

70,750 00 
$542,250 00 

$18,960 00 

1,500 00 
$20,460 00 

$8,500 00 



420,000 00 



Total 



95,000 00 
$523,500 00 

$400 00 

$74,000 00 

18,500 00 
$92,500 00 



Service of the Deparlment of Corporations and Taxation. 



1201-01 For the salary of the commissioner 
1201-02 For personal services of the corporations and 
tax divisions, the division of field investiga- 
tion and temporary taxes, the administra- 
tion of an excise on meals and the income 
tax division, including certain positions 
filled by the commissioner with the ap- 



$9,500 00 



164 



Acts, 1947. — Chap. 219. 



1201-03 



1201-12 



1201-22 



1202-02 



proval of the f^overnor and council, and 
additional clerical and other assistants, 
totalling not more than five hundred and 
eighty-four permanent positions, partly 
chargeable to item 2970-03, the sum of one 
million three hundred fourteen thousand 
two hundred and ten dollars is hereby ap- 
propriated from the General Fund; and it 
is hereby provided that on or before the 
tenth day of August, nineteen hundred and 
forty-seven, and of each month thereafter, 
the commissioner of corporations and taxa- 
tion shall certify to the division of personnel 
and standardization, in such form and man- 
ner as said division shall prescribe, the 
proportions of the amount herein appro- 
priated which are properly chargeable to 
the corporations and tax divisions, the 
division of field investigation and tem- 
porary taxes, the cost of administration of 
an excise on meals and the income tax divi- 
sion, respectively. It is hereby further pro- 
vided that the comptroller shall transfer 
to the General Fund the sum of fifty thou- 
sand dollars from fees collected under sec- 
tion twenty-seven of chapter one hundred 
and thirty-eight of the General Laws, the 
sum of eighty thousand dollars from 
amounts collected under chapter sixty-four 
B of the General Laws and the sum of eight 
hundred thousand dollars from the receipts 
from the income tax, which sums are 
hereby included in this appropriation 

For other services and expenses of the corpo- 
rations and tax divisions, including neces- 
sary office supplies and equipment, travel, 
and for printing the annual report 

For expenses other than personal services of 
the division of field investigation and tem- 
porary taxes ...... 

For expenses other than personal services for 
the administration of an excise on meals the 
sum of seventeen thousand dollars is hereby 
appropriated from the General Fund; pro- 
vided, that a sum equivalent to the ex- 
penditures under this item shall be trans- 
ferred to the General Fund from amounts 
collected under chapter sixty-four B of the 
General Laws ..... 

For services other than personal of the income 
tax division, including traveling expenses, 
office supplies and equipment and rent, the 
sum of two hundred and twenty-five thou- 
sand dollars is hereby appropriated from 
the General Fund; provided, that a sum 
equivalent to the expenditures from this 
item shall be transferred to the General 
Fund from receipts from the income tax 



$1,314,210 00 



65,000 00 



21,600 00 



17,000 00 



Total 



225,000 00 
. $1,652,210 GO 



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 taxa- 



Acts, 1947. — Chap. 219. 



165 



Item 

tion for the calendar year nineteen hundred 
and forty-seven, and for the reimbursement 
of certain towns as authorized by section 
seventeen B of chapter fifty-eight of the 
General Laws ..... 

Division of Accounts: 

For personal services, including not more than 
one hundred and sixteen permanent posi- 
tions, partly chargeable to item 1203-11 . 

For other expenses . . . . 

For services and expenses of auditing and 
installing systems of municipal accounts, 
the cost of which is to be assessed upon the 
municipalities for which the work is done 
1203-12 For the expenses of certain books, forms and 
other material, which may be sold to cities 
and towns requiring the same for main- 
taining their system of accounts 

For the administrative expenses of the county 
personnel board, including not more than 
six permanent positions .... 

Total 



1203-01 



1203-02 
1203-11 



1203-21 



Appellate Tax Board: 

1204-01 For personal services of the members of the 
board and employees, including not more 
than twenty-seven permanent positions 

1204-02 For services other than personal, traveling 
expenses, office supplies and equipment, 
and rent ...... 

Total 



$288,000 00 



$138,000 00 
15,000 00 



306,000 00 

25,000 00 

11,480 00 
$495,480 00 

$105,710 00 

24,000 00 
$129,710 00 



Service of the Deparlment of Education. 

1301-01 For the salary of the commissioner 

1301-02 For personal services of officers, agents, 
clerks, stenographers and other assistants, 
including not more than fifty-six perma- 
nent positions ..... 

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

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

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

1301-07 For expenses of holding teachers' institutes . 

1301-08 For aid to certain pupils in state teachers' 
colleges, under the direction of the depart- 
ment of education ..... 

1301-09 For assistance to children of certain war vet- 
erans, for the year nineteen hundred and 
forty-eight and for previous years, as au- 
thorized by chapter two hundred and 
sixty-three of the acts of nineteen hundred 
and thirty, as amended .... 

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

Total 



$11,000 00 



183.200 00 



6.260 00 



13,000 00 



3,500 00 
1,500 00 



5,000 00 



15.000 00 



26,000 00 
$263,460 00 



166 Acts, 1947. — Chap. 219. 



Specials: 

1301-18 For personal services and other expenses re- 
quired for the operation of an agency for 
surplus property $24,060 00 

1301-19 For reimbursement to cities and towns of a 
portion of the cost of a program for ex- 
tended school services for certain children 
of certain employed mothers, as author- 
ized by sections twenty-six A to twenty- 
six F, inclusive, of chapter seventy-one of 
the General Laws, as amended 40,000 00 

1301-26 For the cost of preparation, printing and dis- 
tribution of courses of study for elemen- 
tary grades in certain subjects, including 
science, to be in addition to any amount 
heretofore appropriated for the purpose . 4,000 00 

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 .... 6,200 00 



Total $74,260 00 

1301-30 (This item included in item 1301-33.) 

Division of Vocational Education : 
1301-31 For the training of teachers for vocational 
schools, to comply with the requirement of 
federal authorities under the provisions of 
the Smith-Hughes act, so called, including 
not more than twenty permanent positions $36,706 00 

Division of Vocational Rehabilitation : 
1301-32 For the expenses of promotion of vocational 
rehabilitation in co-operation with the 
federal government .... $90,000 00 
1301-33 For aid to certain persons receiving instruc- 
tion in the courses for vocational rehabili- 
tation, as authorized by section twenty- 
two B of chapter seventy-four of the Gen- 
eral Laws 10,000 00 



Total $136,706 00 

Education of deaf and blind pupils : 
1301-41 For the education of deaf and blind pupils of 
the commonwealth, as provided by sec- 
tion twenty-six of chapter sixty-nine of the 
General Laws $520,000 00 

Reimbursement and aid : 

1301-51 For assisting small towns in providing them- 
selves with school superintendents, as pro- 
vided by law $95,000 00 

1301-52 For the reimbursement of certain towns for 
the payment of tuition of pupils attending 
high schools outside the towns in which 
thev reside, as provided by law . 198,000 00 

1301-53 For the reimbursement of certain towns for 
the transportation of pupils attending high 
schools outside the towns in which they 
reside, as provided by law . . 200,000 00 



Acts, 1947. — Chap. 219. 



167 



Item 
1301-54 



1301-55 



1301-61 
1301-62 



1301-64 
1301-65 

1302-01 
1302-02 

1303-01 
1303-02 
1303-03 



1304-01 

1304-06 
1304-08 
1304-10 



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 

For reimbursement of certain cities and 
towns for adult English-speaking classes . 

Total 



University Extension Courses: 
For personal services, including not more 

than forty-five permanent positions . 
For other expenses ..... 



Total 



English-speaking classes for Adults: 
For personal services of administration, in- 
cluding not more than two permanent 
positions ...... 

For other expenses of administration . 

Total 



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

than nineteen permanent positions . 
For other expenses ..... 



Total 



Division of Public Libraries: 

For personal services of regular agents and 
other assistants, including not more than 
sixteen permanent positions 

For other expenses, including printing the 
annual report, traveling expenses and nec- 
essary office supplies .... 

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 re- 
strictions prescribed by section one of 
chapter five of the General Laws 

Total 

Division of the Blind: 

For general administration, furnishing in- 
formation, industrial and educational aid, 
and for carrying out certain provisions of 
the laws establishing said division, includ- 
ing not more than twenty-three permanent 
positions ...... 

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

For aiding the adult blind, subject to the con- 
ditions provided by law, including the cost 
of certain medical assistance and supplies 

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 . 



$2,208,683 31 

70,000 00 

$2,771,683 31 



$188,760 00 
50,000 00 



$238,760 00 



$6,960 00 
1,700 00 

$8,660 00 



$47,260 00 
9,500 00 

$56,760 00 



$39,120 00 
7,500 00 

6,000 00 
$52,620 00 



$69,000 00 

27,150 00 

430,000 00 

32,600 00 



168 



Acts, 1947. — Chap. 219. 



It«m 

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 $30,300 00 

1304-12 For the purchase of merchandise and pay- 
ments to blind employees in connection 
with the operation of local shops 72,000 00 

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 .... 11,000 00 

1304-14 For the purchase of merchandise and pay- 
ments to blind employees in connection 
with the Woolson House industries . 46,000 00 

1304-15 For the operation of the salesroom and other 
expenses in connection with the sale of 
materials made by blind persons, includ- 
ing not more than two permanent posi- 
tions 27,000 00 

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 excluding the 

Eurchase of merchandise and payments to 
lind persons 31,200 00 

1304-17 For the purchase of merchandise and pay- 
ments to blind employees in connection 
with certain industries for men 200,000 00 

Total $976,150 00 



Reimbursement : 
1304-27 For expenses 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 federal 
government ...... 

Teachers' Retirement Board: 

1305-01 For personal services of employees, including 
not more than twenty-four permanent 
positions ...... 

1305-02 For services other than personal, including 
printing the annual report, traveling ex- 
penses, office supplies and equipment, and 
rent ....... 

1305-06 The unexpended balance existing on June 
thirtieth, nineteen hundred and forty- 
seven, of the appropriation made by item 
1305-06 in section two of chapter three 
himdred and nine of the acts of nineteen 
hundred and forty-six is hereby reappro- 
priated. 

1305-08 For the payment of the commonwealth's 
share in financing the teachers' retirement 
system, as provided by chapter six hundred 
and fifty-eight of the acts of nineteen hun- 
dred and forty-five .... 

Total , , 



$15,000 00 



$48,840 00 



12.500 00 



3,350,000 00 
$3,411,340 GO 



Acts, 1947. — Chap. 219. 



169 



Item 
1305-04 

1306-01 
1306-02 
1306-10 



1307-00 
1307-21 
1308-00 
1308-21 
1309-00 
1309-21 
1311-00 
1312-00 
1312-21 
1313-00 

1314r^ 

1314-21 
1315-00 
1321-00 



Reimbursement : 
For reimbursement of certain cities and 
towns for pensions to retired teachers 

Massachusetts Maritime Academy: 
For personal services of the secretary and 
office assistants, including not more than 
three permanent positions 
For expenses other than regular clerical serv- 
ices, including printing the annual report, 
rent, office supplies and equipment . 
For the maintenance of the academy and 
ship, including not more than fifty-two 
permanent positions, with the approval of 
the commissioner of education 



Total 



For the maintenance of and for certain im- 
provements at the following state teach- 
ers' colleges, and the boarding halls at- 
tached thereto, with the approval of the 
commissioner of education: 

State teachers' college at Bridgewater, in- 
cluding not more than sixty-two perma- 
nent positions ..... 

State teachers' college at Bridgewater, board- 
ing hall, including not more than twenty- 
nine permanent positions 

State teachers' college at Fitchburg, includ- 
ing not more than sixty-three permanent 
positions ...... 

State teachers' college at Fitchburg, boarding 
hall, including not more than ten perma- 
nent positions ..... 

State teachers' college at Framingham, in- 
cluding not more than sixty-four perma- 
nent positions ..... 

State teachers' college at Framingham, 
boarding hall, including not more than 
twenty-five permanent positions 

State teachers' college at Lowell, including 
not more than thirty-seven permanent 
positions ...... 

State teachers' college at North Adams, in- 
cluding not more than twenty-seven per- 
manent positions ..... 

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

State teachers' college at Salem, including 
not more than fifty-one permanent posi- 
tions ....... 

State teachers' college at Westfield, includ- 
ing not more than thirty permanent posi- 
tions ....... 

State teachers' college at Westfield, boarding 
hall, including not more than two perma- 
nent positions ..... 

State teachers' college at Worcester, includ- 
ing not more than forty-one permanent 
positions ...... 

Massachusetts School of Art, including not 
more than twenty-nine permanent posi- 
tions ....... 

Total 



$531,425 21 

$8,400 00 
3,500 00 

230,250 00 
$242,150 00 



$237,675 00 
87,300 00 

248,007 00 
54,900 00 

204,945 00 
75,790 00 

109,966 00 
88,150 00 
10,700 00 

164,374 00 

83,750 00 

3,580 00 

113,251 00 

148,846 00 
$1,631,234 00 



170 



Acts, 1947. — Chap. 219. 



Textile Schools: 

1331-00 For the maintenance of the Bradford Durfee 
technical institute of Fall River, with the 
approval of the commissioner of education 
and the trustees, including not more than 
twenty-one permanent positions, and in- 
cluding 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-seven ...... 

1332-00 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-three per- 
manent positions, and including the sum 
of ten thousand dollars which is to be as- 
sessed upon the city of Lowell as a part of 
the charges to be paid by said city to the 
commonwealth in the calendar year nine- 
teen hundred and forty-seven . 

1333-00 For the maintenance of the New Bedford 
technical institute, with the approval of 
the commissioner of education and the 
trustees, including not more than twenty- 
four permanent positions, and including 
the sum of ten thousand dollars which is 
to be assessed upon the city of New Bed- 
ford as a part of the charges to be paid by 
said city to the commonwealth in the cal- 
endar year nineteen hundred and forty- 
seven ....... 

Total 



$113,150 00 



315,150 00 



115,600 00 



$543,900 00 



Massachusetts State College: 

1341-00 For maintenance and current expenses of 
the Massachusetts state college, with the 
approval of the trustees, including not 
more than five hundred and twenty-four 
permanent positions; and from the 
amount herein appropriated sums not ex- 
ceeding in the aggregate five hundred dol- 
lars are hereby authorized to be expended 
for experimental purposes in connection 
with the cultivation of beach plums, as 
authorized by chapter five hundred and 
thirty-four of the acts of nineteen hundred 
and forty-one ..... 

1341-01 For personal services and expenses of the 
summer session ..... 

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

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

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

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

1341-92 For the annual cost of lease of dormitories, 
as authorized by chapter three hundred 
and eighty-eight of the acts of nineteen 
hundred and toirty-nine 



$2,127,031 00 
14,900 00 

108,000 00, 

200,000 00 

6,000 00 

9,000 00 
61,260 00 



Acts. 1947. — Chap. 219. 



171 



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



Total 



$2,000 00 
$2,627,181 00 



Service of the Department of Civil Service and Registration. 

Division of Civil Service: 

1402-01 For the salary of the director and for the 
compensation of members of the commis- 
sion • , V J-' • • ■ 

1402-02 For other personal services of the division, 
including not more than one hundred and 
sixty-two permanent positions 

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



1402-21 



1403-01 
1403-02 



1403-03 



1404-01 



1404-03 



Total 



Special: , . j u 

For expenses of hearings as authorized by 
section one of chapter six hundred and 
sixty-seven of the acts of nineteen hun- 
dred and forty-five, to be in addition to any 
amount heretofore appropriated for the 
purpose ...... 

Division of Registration: 

For the salary of the director 

For clerical and certain other personal serv- 
ices of the division, including not more 
than thirty-nine permanent positions 

For services of the division other than per- 
sonal, printing the annual reports, office 
supplies and equipment, except as other- 
wise provided ..... 



Total 



Board of Registration in Medicine: 
For personal services of the members of the 
board, including not more than seven per- 
manent positions ..... 
For traveling expenses .... 



$18,000 00 



352,000 00 



65.000 00 



Total 



$435,000 00 



$2,500 00 
$3,400 00 
99,025 00 

17,600 00 
$119,926 00 



$6,300 00 
1,000 00 

$7,300 00 



1405-01 



1405-02 



Board of Dental Examiners: 

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

For traveling expenses .... 



Total 



$3,800 00 
750 00 

$4,550 00 



Special : 
1405-21 For expenses of the national convention of 
the American Association of Dental Ex- 
aminers to be held in Boston in the year 
nineteen hundred and forty-eight, to be 
expended with the approval and 'mder the 
direction of the governor and council 



$1,500 00 



172 



Acts, 1947. — Chap. 219. 



Board of Registration in Chiropody: 
1406-01 For personal services of members of the 
board, including not more than five per- 
manent positions ..... 
1406-02 For traveling expenses .... 



Total 



$900 00 
300 00 



$1,200 00 



Board of Registration in Pharmacy: 
1407-01 For personal services of the members of the 
board, including not more than five per- 
manent positions ..... 
1407-02 For personal services of agents and investi- 
gators, including not more than four per- 
manent positions ..... 
1407-03 For traveling expenses .... 

Total 



$4,300 00 



12,240 00 
3.200 00 



$19,740 00 



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 . . $3,570 00 

1408-02 For traveling expenses .... 1,000 00 

Total $4,570 00 



Board of Registration in Embalming and 
Funeral Directing: 

1409-01 For personal services of members of the 
board, including not more than three per- 
manent positions ..... 

1409-02 For traveling expenses .... 

1409-03 For the dissemination of useful knowledge 
among and for the benefit of licensed em- 
balmers ...... 

Total 



$3,500 00 
2,900 00 



100 00 



$6,500 00 



Board of Registration in Optometry: 
1410-01 For personal services of members of the 
board, including not more than five per- 
manent positions ..... 
1410-02 For other services, printing the annual re- 
port, traveling expenses, office supphes and 
equipment ...... 



Total 



$1,900 00 

500 00 
$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 per- 
manent positions ..... 

141 1-02 For other services, printing the annual report, 
traveling expenses, office suppUes and 
equipment ...... 



Total 



$600 00 
750 00 



$1,350 00 



1412-01 



Board of Registration of Professional Engi- 
neers and of Land Surveyors: 
For travel and other necessary expenses 



$4,000 00 



Acts, 1947. — Chap. 219. 



173 



Board of Registration of Architects: 
1413-01 For personal services of members of the 
board, including not more than five per- 
manent positions ..... 
1413-02 For travel and other necessary expenses 



Total 



1414-01 



1414-02 



Board of Registration of Certified Public 
Accoimtants: 

For personal services of members of the 
board, including not more than five per- 
manent positions ..... 

For expenses of examinations, including the 

f)reparation and marking of papers, and 
or other expenses ..... 



Total 



State Examiners of Electricians: 
1416-01 For personal services of members of the 
board, including not more than two per- 
manent positions ..... 
1416-02 For travehng expenses .... 

Total 



State Examiners of Plumbers: 
1417-01 For personal services of members of the 
board, including not more than three per- 
manent positions ..... 
1417-02 For traveling expenses .... 

Total 



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 

Total 



Board of Registration of Hairdressers: 
1421-01 For personal services of members of the board 
and assistants, including not more than 
eighteen permanent positions . 
1421-02 For travel and other necessary expenses, in- 
cluding rent ...... 

Total 



$2,500 00 
1,500 00 



$4,000 00 



$675 00 

2,800 00 
$3,475 00 



$1,000 00 
4,900 00 



$5,900 00 



$1,100 00 
2,250 00 

$3,350 00 



$21,070 00 
7,250 00 

$28,320 00 



$42,190 00 

12,500 00 

$54,690 00 



1501-01 



1501-02 



1501-03 
1501-04 



Service of the Department of Industrial Accidents. 

For personal services of members of the 
board, including not more than nine per- 
manent positions ..... 

For personal services of secretaries, inspec- 
tors, clerks and office assistants, including 
not more than one hundred and nineteen 
permanent positions .... 

For traveling expenses .... 

For other services, printing the annual report, 
necessary office supplies and equipment 



$63,500 00 



278,000 00 
9,000 00 

21,000 00 



174 



Acts, 1947. — Chap. 219. 



Item 
1501-05 



1601-21 



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-eight and the previous year 

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 
permanent positions .... 



$50,000 00 
$421,500 00 



$18,475 00 



Service of the Department of Labor and Industries. 

1601-01 For the salaries of the commissioner, assist- 
ant and associate commissioners, includ- 
ing not more than five permanent posi- 
tions $33,000 00 

1601-02 For clerical and other assistance to the com- 
missioner, including not more than five 
permanent positions .... 12,200 00 

1601-03 For personal services for the inspectional 
service, including not more than seventy- 
two permanent positions 204,080 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 . 30,000 00 

1601-31 For personal services for the division of occu- 
pational hygiene, including not more than 
ten permanent positions .... 28,600 00 

1601-32 For services other than personal, traveling 
expenses, office and laboratory supplies and 
equipment, and rent, for the division of 
occupational hygiene .... 6,500 00 

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 supplies 
and equipment for the statistical service. 94,700 00 

1601-51 For personal services for the division on nec- 
essaries of life, including not more than 
five permanent positions . 13,260 00 

1601-52 For services other than personal, traveling 
expenses, office supplies and equipment for 
the division on necessaries of life . 1,700 00 

1601-53 For personal services in administering sec- 
tions two hundred and ninety-five A to 
two hundred and ninety-five O, inclusive, 
of chapter ninety-four of the General 
Laws, relating to the advertising and sale 
of motor fuel at retail, including not more 
than twelve permanent positions . . 31,390 00 

1601-54 For other expenses in administering said 
sections two hundred and ninety-five A to 
two hundred and ninety-five O, inclusive . 6,300 00 

1601-61 For clerical and other assistance for the board 
of conciliation and arbitration, including 
not more than ten permanent positions . 42,740 00 



Acts, 1947. — Chap. 219. 



175 



Item 

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 twenty- 
eight permanent positions 

1601-72 For services other than personal, printing, 
traveling expenses and office supphes 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, traveling ex- 
penses and office supplies and equipment 
for the division of standards . 

Total 



1603-01 
1603-02 



Massachusetts Development and Indus- 
trial Commission: 

For personal services of employees, including 
not more than five permanent positions . 

For administrative expenses, including office 
rent and other incidental expenses, and for 
the promotion and development of the in- 
dustrial, agricultural and recreational re- 
sources of the commonwealth . 

Total 



1604-01 
1604-02 



Labor Relations Commission : 
For personal services of the commissioners 

and employees, including not more than 

twenty permanent positions 
For administrative expenses, including office 

rent ....... 

Total 



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 ....... 

1605-02 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 



$5,900 00 


69,210 00 


5,600 00 


8,800 00 


44,500 00 


14,750 00 


$653,730 00 


$46,900 00 



150,000 00 
$196,900 00 



$68,615 00 

12,000 00 

$80,615 00 



$30,050 00 



7,500 00 
$37,550 00 



1701-01 
1701-02 



1701-03 



Service of the Deparlment of Mental Health. 

For the salary of the commissioner . $12,000 00 

For personal services of officers and employ- 
ees, including not more than ninety-two 
permanent po.sitions .... 252,900 00 

For transportation and medical examination 
of state charges under its charge for the 
year nineteen hundred and forty-eight and 
for previous years 4,000 00 



176 



Acts, 1947. — Chap. 219. 



Item 

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 

1701-12 For the cost of boarding out of patients under 
the provisions of section sixteen of chapter 
one hundred and twenty-three of the Gen- 
eral Laws ...... 

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 
diseases and defects and the publication of 
the results thereof, and of what further 
preventive or other measures might be 
taken and what further expenditures for 
investigation might be made which would 
give promise of decreasing the number of 
persons afflicted with mental diseases or 
defects ....... 

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-nine 
permanent positions .... 

1711-00 Boston state hospital, including not more 
than six hundred and seventy-three perma- 
nent positions ..... 

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

1713-00 Foxborough state hospital, including not 
more than three hundred and thirty perma- 
nent positions ..... 

1714-00 Gardner state hospital, including not more 
than three hundred and seventeen perma- 
nent positions ..... 

1715-00 Grafton state hospital, including not more 
than four hundred and fifty-seven perma- 
nent positions ..... 

1716-00 Medfield state hospital, including not more 
than four hundred and fifty-four perma- 
nent positions ..... 

1717-00 Metropolitan state hospital, including not 
more than four hundred and seven perma- 
nent positions ..... 

1718-00 Northampton state hospital, including not 
more than four hundred and fifty perma- 
nent positions ..... 

1719-00 Taunton state hospital, including not more 
than four hundred and fifty-seven perma- 
nent positions ..... 

1720-00 Westborough state hospital, including not 
more than four hundred and eighteen per- 
manent positions ..... 



$45,000 00 
37,000 00 



90.000 00 



$440,900 00 



$203,298 00 
$5,000 00 



$428,520 00 
1,543,330 00 
1,384,445 00 
812,005 00 
860,777 00 
1,089,372 00 
1,115,810 00 
1,096,865 00 
1,140,110 00 
1,084,270 00 
1,041,371 00 



Acts, 1947. — Chap. 219. 



177 



Item 
1721-00 

1722-00 

1723-00 

1724-00 

1725-00 
1726-00 



Worcester state hospital, including not more 

than six hundred and fifteen permanent 

positions $1,595,305 00 

Monson state hospital, including not more 

than four hundred and fifteen permanent 

positions 970,261 00 

Belchertown state school, including not more 

than three hundred and three permanent 

positions 813,450 00 

Walter E. Femald state school, including not 

more than four hundred and sixty-four 

permanent positions .... 1,153,910 00 
Wrentham state school, including not more 

than four hundred permanent positions . 1,017,760 00 
State school at Camp Myles Standish, so 

called, including not more than one hun- 
dred and eighty-one permanent positions . 523,140 00 

Total $17,670,701 00 



1801-01 
1801-02 



1801-03 
1801-04 

1801-05 
1801-07 



Service of the Department of Correction. 

For the salary of the commissioner 

For personal services of deputies, agents and 
stenographers, including not more than 
twenty-four permanent positions 

For services other than personal, necessary 
office supplies and equipment . 

For traveling expenses of officers and em- 
ployees of the department, when required 
to travel in the discharge of their duties . 

For the removal of prisoners, to and from 
state institutions ..... 

For the expense of the service of the central 
index ....... 



$8,000 00 



Total 



1801-08 



Division of Classification of Prisoners: 
For expenses of the division hereby author- 
ized, including not more than eleven per- 
manent positions: provided, that the per- 
sons employed hereunder shall not be 
subject to civil service laws or the rules 
and regulations made thereunder 

Parole Board: 

1801-21 For personal services of the parole board and 
aovisory board of pardons, agents, clerical 
and other employees, including not more 
than forty-three permanent positions 

1801-22 For services other than personal, including 
necessary office supplies and equipment . 

1801-23 For traveling expenses of officers and em- 
ployees of the parole board when required 
to travel in the discharge of their duties 

1801-24 For assistance to discharged prisoners 

Total 



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 

hundred and one permanent positions 



68,060 00 


7,000 00 


1,700 00 


7,000 00 


1,000 00 


$92,760 00 



$34,870 00 



$126,240 00 
3,600 00 



11,700 00 
1,000 00 

$141,540 00 



$1,313,780 00 



178 



Acts, 1947. — Chap. 219. 



Item 

1803-00 State prison, including not more than one 
hundred and thirty-four permanent posi- 
tions ....... 

1805-00 Massachusetts reformatory, including not 
more than one hundred and seventy-six 
permanent positions .... 

1806-00 Reformatory for women, including not more 
than one hundred and sixteen permanent 
positions ...... 

1807-00 State prison colony, including not more than 
one hundred and eighty-eight permanent 
positions ...... 



Total 



$662,600 00 



744,360 00 



403,162 00 



718,971 00 
$3,742,763 00 



Service of the Department of Public Welfare. 

Administration : 
1901-01 For the salary of the commissioner 
1901-02 For personal services of officers and em- 
ployees, including not more than thirty- 
eight permanent positions 
1901-03 For services other than personal, printing the 
annual report, traveling expenses, includ- 
ing expenses of auxiliary visitors, office 
supplies and expenses .... 



1901-22 



1902-01 
1902-02 



1904-01 
1904r-02 



1906-01 



Total 



Special: 
For personal services and expenses in con- 
nection with the federal program for dis- 
tribution of surplus commodities and the 
school lunch program, 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 

State Board of Housing: 

For personal services, including not more than 
nine permanent positions 

For expenses, as authorized by section eight- 
een of chapter eighteen of the General 
Laws ....... 



Total 



Division of Aid and Relief: 

For personal services of officers and em- 
ployees, including not more than one hun- 
dred and five permanent positions . 

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



Total 



Division of Child Guardianship: 
For personal services of officers and em- 
ployees, including not more than one hun- 
dred and ninety-nine permanent positions 



$8,000 00 
103,000 00 

6,800 00 
$117,800 00 



$65,000 00 

$21,520 00 

5,500 00 
$27,020 00 

$235,000 00 

28,000 00 
$263,000 00 

$490,000 00 



Acts, 1947. — Chap. 219. 



179 



Item 
1906-02 



For services other than personal, office sup- 
plies and equipment, and rent . 
1906-03 For the care and maintenance of children, 
including not more than two permanent 



positions 
Total 



1907-01 



1907-05 
1907-07 
1907-08 

1907-09 
1907-10 



Tuition of children : 
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-seven . 

The following items are for reimbursement 
of cities and towns, and are to be in ad- 
dition to any unexpended balances of 
appropriations heretofore made for the 
purpose: 
For the payment of suitable aid to certain 
dependent children .... 

For the burial by cities and towns of indigent 

persons who have no legal settlement 
For expenses in connection with smallpox 
and other diseases dangerous to the public 
health ....... 

For the support of sick radigent persons who 
have no legal settlement .... 

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 
under the charge of the department . 

Total 



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 ..... 

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 equip- 
ment ....... 



Boys' Parole: 

1908-1 1 For personal services of agents in the division 
for boys paroled and boarded in families, 
including not more than twenty-five per- 
manent positions ..... 

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

1908-13 For board, clothing, medical and other ex- 
penses incidental to the care of boys 

Girls' Parole: 
1908-31 For personal services of agents in the division 
for girls paroled from the industrial school 
for girls, including not more than eighteen 
permanent positions .... 



$16,000 00 



2,450,000 00 
$2,955,000 00 



$350,000 00 



$3,200,000 00 
15,000 00 

170,000 00 
240,000 00 

1,210,000 00 
$4,835,000 00 



$22,590 00 
3,500 00 

68,653 00 

18,000 00 
30,000 00 

46.450 00 



180 



Acts, 1947. — Chap. 219. 



Item 

1908-32 



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

Total 



Instruction in public schools: 
1908-40 For reimbursemeQt of cities and towns for 
tuition of children attending the pubUc 
schools ...... 

For the maintenance of and for certain im- 
provements at the institutions under the 
control of the trustees of the Massa- 
chusetts training schools, with the ap- 
proval of said trustees, as follows: 
1915-00 Industrial school for boys, including not more 
than one hundred and twelve permanent 
positions ...... 

Industrial school for girls, including not more 

than ninety-six permanent positions 
Lyman school for boys, including not more 
than one hundred and forty-two perma- 
nent positions ..... 

Total 



1916-00 
1917-00 



$18,000 00 
$206,193 00 



$7,000 00 



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

Tewksbury State Hospital and Infirmary: 
1919-00 For the maintenance of the Tewksbury state 
hospital and infirmary, including not more 
than six hundred and sixty-five permanent 
positions, to be expended with the approval 
of the trustees thereof .... 

Service of the Department of Public Health. 

Administration : 
2001-01 For the salary of the commissioner 
2001-02 For personal services of the health council and 
office assistants, including not more than 
twenty-five permanent positions 
2001-03 For services other than personal, including 
printing the annual report, traveling ex- 
penses, office supplies and equipment 

Division of Local Health Administration: 
2002-01 For personal services of the director and as- 
sistants, and district health officers and 
assistants, including not more than thirty- 
three permanent positions 
2002-02 For services other than personal, traveling 
expenses, office supplies and equipment, 
and rent ...... 

Division of Cancer and Other Chronic Dis- 



2003-01 



$313,800 00 
294,360 00 

419,500 00 
$1,027,660 00 



$400,200 00 

$1,612,020 00 

$8,500 00 
49,000 00 
22,500 00 

114,090 00 



For personal services of the division, includ- 
ing not more than sixteen permanent posi- 
tions ....... 



17,500 00 



45,425 00 



Acts, 1947. — Chap. 219. 



181 



It«m 
2003-02 For other expenses of the division, including 

cancer clinics $50,000 00 

Division of Maternal and Child Health: 
2004-01 For personal services of the division, includ- 
ing not more than twenty permanent posi- 
tions 48,760 00 

2004-02 For services other than personal, traveling 
expenses, office supplies and equipment, 
and rent 22,600 00 

Division of Communicable Diseases: 
2006-01 For personal services of the director, epi- 
demiologists, bacteriologists, and assistants 
in the diagnostic laboratory and the Was- 
sermann laboratory, including not more 
than thirty-eight permanent positions . 91,110 00 

2005-02 For services other than personal, traveling 
expenses, laboratory, office and other nec- 
essary supplies, including the purchase of 
animals and equipment, and including the 
expenses of the Wassermann laboratory . 20,000 00 

Venereal Diseases: 

2006-01 For personal services for the control of vene- 
real diseases, including not more than 
eight permanent positions . . 23,070 00 

2006-02 For services other than personal, traveling 
expenses, office supplies and equipment, 
including the cost of medicines, hospitali- 
zation, 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 ex- 
ceed four dollars and fifty cents per diem . 255,000 00 

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-eight perma- 
nent positions 113,213 00 

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 40,000 00 

2008-11 For personal services for a program for the 
production and utilization of blood plasma 
and other products derived from blood, in- 
cluding not more than fifty-eight perma- 
nent positions; provided, that no charge 
shall be made for said products . 127,560 00 

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 70,000 00 

Dental Health: 

2009-01 For personal services of the division includ- 
ing not more than six permanent positions 16,260 00 

2009-02 For other expenses of the division . 7,500 00 



2010-01 
2010-02 



Hospitals: 
(This item postponed.) 
(This item postponed.) 



182 



Acts, 1947. — Chap. 219. 



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 . 



$86,230 00 
15,000 00 



Division of Sanitary Engineering: 
2015-01 For personal services of the director, engi- 
neers, chemists, clerks and other assistants, 
including personal services for administer- 
ing the law relative to shellfish, and in- 
cluding not more than fifty-one permanent 

positions 169,426 00 

2015-02 For other services, including traveling ex- 
penses, supplies, materials and equipment, 
and for expenses for administering the law 
relative to shellfish .... 30,000 00 

Total $1,442,634 00 



Division of Sanatoria and Tuberculosis : 

2020-01 For personal services of the division, includ- 
ing certain diagnostic clinics for tubercu- 
losis, and including not more than thirty 
permanent positions .... 

2020-02 For other expenses of the division, including 
certain diagnostic clinics for tuberculosis . 

2020-03 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 

2020-1 1 To cover the payment of certain subsidies for 
the maintenance of hospitals for tubercular 
patients ...... 



Total 



$89,780 00 
16,000 00 



35,000 00 



360,000 00 
$500,780 00 



For the maintenance of and for certain im- 
provements at the sanatoria, as follows: 

2022-00 Lakeville state sanatorium, including not 
more than two hundred and twenty-seven 
permanent positions .... $515,950 00 

2023-00 North Reading state sanatorium, including 
not more than one hundred and eighty- 
seven permanent positions . 397,960 00 

2024-00 Rutland state sanatorium, including not more 
than two hundred and forty-one permanent 
positions 561,930 00 

2025-00 Westfield state sanatorium, including not 
more than two hundred and ninety-one 
permanent positions .... 660,880 00 

Total $2,136,720 00 



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



$475,210 GO 



Acts, 1947. — Chap. 219. 



183 



Service of the Department of Public Safety. 
Item 

Administration : 
2101-01 For the salary of the commissioner 
2101-02 For personal services of clerks and stenog- 
raphers, including not more than eighty- 
two permanent positions 
2101-03 For contingent expenses, including printing 
the annual report, rent of district oflBces, 
supplies and equipment, and all other 
things necessary for the investigation of 
fires and motion picture licenses, as re- 
quired by law, and for expenses of admin- 
istering 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 



2102-01 

2102-02 
2102-03 
2102-04 



2103-01 
2103-02 



2103-03 
2103-04 



Division of State Police: 

For the salaries of officers and detectives, in- 
cluding not more than three hundred and 
twenty-two permanent positions partly 
chargeable to item 2970-04 

For personal services of civilian employees, 
including not more than one hundred and 
twenty-eight permanent positions 

For other necessary expenses of the division, 
to be in addition to the amounts appropri- 
ated in item 2970-05 ... 

For expert assistance to the commissioner, 
and for maintenance of laboratories, in 
eluding not more than seven permanent 
positions ..... 

Total 



Fire Prevention Service: 

For the salary of the state fire marshal 

For personal services of fire and other inspec- 
tors, including not more than twenty per- 
manent 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 services, supplies and equipment nec- 
essary for investigations and inspections 
by the division .... 

2104-11 For the salaries of officers for the building in 
spection service, including not more than 
tnirty-one permanent positions 

2104-12 For traveling expenses of officers for the 
building inspection service 

2104-21 For the salaries of officers for the boiler in- 
spection service, including not more than 
twenty-six permanent positions 

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

Total 



$7,000 00 
176,000 00 



55,000 00 
$238,000 00 

$202,500 00 
220,000 00 
170,000 00 

27,270 00 
$619,770 00 

$4,600 00 

70,330 00 

4,000 00 

15,500 00 

$94,430 00 

$4,600 00 

2,200 00 

106,335 00 
16,000 00 

88,650 00 

13,600 00 

$231,286 00 



184 



Acts, 1947. — Chap. 219. 



Item 
2104-31 

2104-32 



Board of Boiler Rules: 

For personal services of members of the 
board, including not more than four per- 
manent positions ..... 

For services other than personal and the nec- 
essary traveling expenses of the board 



Total 



State Boxing Commission: 

2105-11 For compensation of appointive commis- 
sioners ....... 

2105-12 For clerical assistance for the state boxing 
commission, including not more than three 
permanent positions .... 

2105-13 For other expenses of the commission . 



2106-01 



2107-01 



2108-01 



Total 



Board of Standards: 
For personal services and expenses of the 
board, including not more than seven per- 
manent positions ..... 

Board of Elevator Regulations: 
For personal services and expenses of the 
board, as authorized by chapter six him- 
dred and forty-three of the acts of nineteen 
hundred and forty-five, including not more 
than seven permanent positions 

Board of Fire Prevention Regulations: 
For personal services and expenses of the 
board, as authorized by chapter seven him- 
dred and ten of the acts of nineteen hun- 
dred and forty-five, including not more 
than six permanent positions . 



$1,000 00 

500 00 

$1,500 00 



$6,000 00 



6,160 00 
14,500 00 

$26,660 00 



$4,500 00 



$4,500 00 



$4,500 00 



2202-01 
2202-02 

2202-03 



2202-04 
2202-06 



2202-07 
2202-08 



Service of the Department of Public Works. 

Functions of the department relating to 
waterways and public lands: 

For personal services of the director, chief 
engineer and assistants, including not more 
than twenty permanent positions . . $49,620 00 

For services other than personal, including 
printing pamphlet of laws and the annual 
report, and for necessary ofBce and engi- 
neering supplies and equipment . 1,600 00 

J'or the care and maintenance of the province 
lands and of the lands acquired and struc- 
tures erected by the Provincetown tercen- 
tenary commission, including not more 
than five permanent positions . . 10,000 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 7,000 00 

For the operation and maintenance of the 
New Bedford state pier, including not 
more than seven permanent positions 16,500 00 

For the operation and maintenance of the 
Cape Cod Canal pier, including not more 
than two permanent positions . . 6,000 00 



Acts, 1947. — Chap. 219. 



185 



2202-09 For the maintenance of structures, and for 
repairing damages along the coast line 
or river banks of the commonwealth, and 
for the removal of wrecks and other ob- 
structions from tidewaters and great ponds 
2202-11 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, including the en- 
tire cost of surveys and of the preparation 
of preUminary plans for projects proposed 
to be undertaken hereunder, and any un- 
expended balance of the appropriation for 
these purposes remaining on June thir- 
tieth, nineteen hundred and forty-seven 
may be expended in the succeeding fiscal 
year; provided, that all other expenditures 
for work undertaken hereunder, including 
the cost of engineering during construc- 
tion, shall be upon condition that at least 
fifty per cent of the cost is covered by con- 
tributions from municipalities or other or- 
ganizations and individuals, except that in 
the case of dredging channels for harbor 
improvements at least twenty-five per 
cent of the cost shall be so covered; and, 
provided further, that payments from the 
money provided in this item for work au- 
thorized by project (6) of chapter six him- 
dred and eighty-six of the acts of nineteen 
hundred and forty-five shall be limited to 
work made necessary by the hurricane 
occurring in the calendar year nineteen 
hundred and forty-four .... 

2202-12 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 ....... 

2202-13 For expenses of surveying certain town 
boundaries, by the department of public 
works ....... 

The imexpended balance of the amount 
previously appropriated for improve- 
ments in Menemsha Creek in the towns 
of Chilmark and Gay Head, as authorized 
by and subject to the conditions of chapH 
ter seventy of the resolves of nineteen 
hundred and thirty-nine, is hereby re- 
appropriated. 

Total 



Functions of the department relating to 
airports : 
2230-01 For personal services and other expenses of 
operating the Logan airport 



$50,000 00 



100,000 00 



800 00 
300 00 



$242,820 00 



$288,631 00 



Sendee of the Department of Public Utilities. 

2301-01 For personal services of the commissioners, 
including not more than five permanent 
p>08itions ...... 



$41,000 00 



186 



Acts, 1947. — Chap. 219. 



Item 
2301-02 



2301-03 

2301-04 

2301-05 

2301-06 
2301-07 

2301-08 



For personal services of secretaries, employ- 
ees of the accounting division, engineering 
division, and rate and tariff division, in- 
cluding not more than sixteen permanent 
positions ...... 

For personal services of the inspection divi- 
sion, including not more than twenty-two 
permanent positions .... 

For personal services of clerks, messengers 
and office assistants, including not more 
than eleven permanent positions 

For personal services of the telephone and 
telegraph division, including not more than 
seven permanent positions 

For traveling expenses of the commissioners 
and employees ..... 

For other expenses, including printing the 
annual report and necessary office supplies 
and equipment ..... 

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 



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 



2302-01 
2302-02 



2304-01 
2304-02 



2308-01 



2308-02 



Investigation of Gas and Electric Light 
Meters: 

For personal services of the division of inspec- 
tion 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 necessary expenses of inspection 

Total 



Commercial Motor Vehicle Division : 
For personal services of the director and as- 
sistants, including not more than twenty- 
five permanent positions 
For other services, necessary office suppHes 
and equipment, and for rent . 



Total 



Sale of Securities: 

For personal services in administering the 
law relative to the sale of securities, in- 
cluding not more than nine permanent 
positions ...... 

For expenses other than personal in adminis- 
tering the law relative to the sale of secu- 
rities ....... 



$63,630 00 

70,160 00 

25,340 00 

22,840 00 
6,500 00 

10,000 00 

300 00 
$239,770 00 



$20,000 00 

$35,975 00 

4,500 00 
$40,475 00 



$86,460 00 

20,000 00 

$106,460 00 



$27,410 00 
1.400 00 



Total 



$28,810 00 



Acts, 1947. — Chap. 219. 



187 



Item 
2410-00 



Interest on the Public Debt. 

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 



$279,735 75 



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-eight, to be in 
addition to the amount appropriated in 
item 2952-00 $1,715,000 00 



Bunker Hill Monument. 

2801-00 For the maintenance of Bunker Hill monu- 
ment and the property adjacent, to be ex- 
pended by the metropolitan district com- 
mission . . . . . • . 



$16,010 00 



Unclassified Accounts and Claims. 

2805-01 For the payment of certain annuities and 
pensions of soldiers and others under the 
provisions of certain acts and resolves $12,210 00 

2805-02 For payment of any claims, as authorized by 
section eighty-nine of chapter thirty-two 
of the General Laws, for allowances to the 
families of certain employees killed or 
fatally injured in the discharge of their 
duties 12,000 00 

2811-02 For the compensation of veterans who may 
be retired by the governor under the pro- 
visions of sections fifty-six to fifty-nine, in- 
clusive, of chapter thirty-two of the Gen- 
eral Laws 350,000 00 

281 1-03 For the compensation of certain prison officers 
and instructors formerly in the service of 
the commonwealth, now retired . 60,000 00 

2811-04 For the compensation of state police oflicers 
formerly in the service of the common- 
wealth, now retired .... 50,000 00 

2820-02 For small items of expenditure for which no 
appropriations have been made, and for 
cases in which appropriations have been 
exhausted or have reverted to the treasury 
in previous years ..... 1,000 00 

2820-04 For the compensation of certain public em- 
ployees for injuries sustained in the course 
of their employment, for the year nineteen 
hundred and forty-eight and for previous 
years, as provided by section sixty-nine of 
chapter one hundred and fifty-two of the 
General Laws, to be in addition to the 
amounts appropriated by item 2970-07 . 45,000 00 

2820-06 For reimbursement of persons for funds pre- 
viously deposited in the treasury of the 
commonwealth and escheated to the com- 
monwealth 1,000 00 

Total $631,210 00 



188 



Acts, 1947. — Chap. 219. 



Item 
2820-32 



Purchase of Motor Vehicles. 

For the purchase by the state purchasing 
agent of motor vehicles to replace those 
now owned by the commonwealth for 
which replacement funds are not other- 
wise available. Motor vehicles purchased 
under this item are to be allocated, with 
the approval of the commission on admin- 
istration and finance, to the various de- 
partments and agencies of the common- 
wealth, and transfers of the sums required 
for said purchases are to be authorized by 
said commission from the amount herein 
appropriated to appropriations made for 
the services of said departments and agen- 



$250,000 00 



Reserve for Cost of Food and Fuel. 

2820-34 For a reserve for expenses arising from pos- 
sible increases in the cost of food and fuel 
the sum of five hundred 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 and fuel are insufficient for the pur- 
pose ....... 



$500,000 00 



The Following Appropriations are made from the Highway Fund: 

Service of the Department of Public Works. 

Administration : 

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 

For traveling expenses of the commissioners 

For telephone service in the public works 
building, including not more than six per- 
manent positions ..... 

For administrative office expenses, including 
the purchase of oflSce supplies and equip- 
ment ....... 



2921-01 



2921-03 
2921-04 



2921-05 



$20,500 00 



28,920 00 
2,000 00 



28,600 00 



2,000 00 

Total $82,020 00 

Public Works Building: 
2922-01 (This item included in item 2900-80.) 
2922-02 (This item included in item 2900-81.) 
2922-03 (This item included in item 2900-82.) 
2922-21 (This item included in item 2900-90.) 

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 $4,500,000 00 



Acts, 1947. — Chap. 219. 



189 



Item 

2900-04 For the maintenance and repair of state 
highways 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 serv- 
ices and expenses of work for which the 
highway fund is reimbursed, other than 
work in connection with projects included 
in federal aid programs; for the cost, not 
exceeding fifty-five thousand dollars, of in- 
creasing the inventory held in storerooms 
of the department; and for the payment of 
personal services and expenses in connec- 
tion with the purchase, construction and 
repair of shelters for departmental equip- 
ment and material, the cost of which is less 
than five thousand dollars for each project $5,850,000 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; provided, that 
any portion of the sum herein appro- 
priated may also be used for said federal 
aid projects in conjunction with city or 
town funds, to be in addition to amounts 
heretofore authorized for these purposes . 10,000,000 00 

2900-12 For projects for improving state highways 
and through routes, including bridges, and 
including 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 improvements 
on other through routes not designated as 
state highways and without acceptance by 
the commonwealth of responsibility for 
maintenance; provided, that no portion of 
the sum herein appropriated shall be used, 
whether or not in conjunction with city or 
town funds, for projects which can be in- 
cluded in federal aid programs 2,000,000 00 

2900-17 For projects for the construction and main- 
tenance of town and county ways, as pro- 
vided in sub-division two (a) of section 
thirty-four of chapter ninety of the Gen- 
eral Laws; provided, that amounts appro- 
priated for this purpose in any fiscal year 
shall be available for expenditure in the 
succeeding fiscal year; and, provided fur- 
ther, that not less than three hundred thou- 
sand dollars of the sum herein appropri- 
ated shall be available for maintenance 
projects on said town and county ways 3,000,000 00 

2900-18 For aiding towns in the repair and improve- 
ment of public ways as provided in section 
twenty-six of chapter eighty-one of the 
General Laws under the terms provided in 
item 2900-18 of section five of chapter six 
hundred and eighty-nine of the acts of 
nineteen hundred and forty-five 



Total 



2,076,000 00 
$27,426,000 00 



190 



Acts, 1947. — Chap. 219. 



Special: 
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 con- 
tinued for the year nineteen hundred and 
forty-eight under the terms and conditions 
prescribed by said items of said chapter 
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-eight shall not exceed seven hundred 
and ninety thousand dollars; and the sum 
of four hundred and fifty thousand dollars 
is hereby appropriated, to be in addition 
to any amounts otherwise available for 
this purpose ...... 

Public Works Building: 

For personal services for the maintenance 
and operation of the public works building, 
including not more than sixty-three per- 
manent positions ..... 

For the salaries of guards for the public 
works building, including not more than 
seventeen permanent positions 

For other expenses for the maintenance and 
operation of the public works building, in- 
cluding the cost of elevator repairs and 
maintenance ...... 



2900-80 



2900-81 



2900-82 



Total 



Special: 

2900-90 For the cost of installation of certain lights in 
the pubhc works building, to be in addition 
to any other amount appropriated for the 
purpose ...... 

2923-72 (This item omitted.) 

Registration of Motor Vehicles: 
2924-01 For personal services, including not more 
than seven hundred and eight permanent 
positions ...... 

2924-02 For services other than personal, including 
traveling expenses, purchase of necessary 
supphes 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 ...... 

2924-03 For printing and other expenses necessary 
in connection with publicity for certain 
safety work ...... 



Total 



$450,000 00 



$110,720 00 



42.040 00 



65,840 00 
$218,600 00 



$10,000 00 



$1,621,840 00 



680,000 00 



7,500 00 
$2,309,340 00 



2931-01 



Metropolitan District Commission. 

The following items are to be paid with 
the approval of the metropolitan district 
commission: 
For personal services and other expenses of 

general administration, including not more 

than fifty-one permanent positions, partly 

chargeable to item 8501-00 . 



$41,550 00 



Acts, 1947. — Chap. 219. 



191 



For maintenance of boulevards and park- 
ways, including installation of traffic lights $1,724,480 00 

For the construction, reconstruction and im- 
provement 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 .... 1,376,000 00 

Specials: 

For the cost of certain repairs for shore pro- 
tection at Lynn shore, Quincy shore, Win- 
throp Highlands and Winthrop Parkway, 
so called, to be in addition to any amount 
heretofore appropriated for the purpose . 28,000 00 

For the states share of the costs of a co- 
operative study by the Beach Erosion 
Board of the federal government of beach 
problems within the metropoUtan district, 
including Winthrop, Quincy shore, Lynn 
shore, Revere beach and Nantasket, to be 
in addition to any amount heretofore ap- 
propriated for the purpose 



Total 



10,000 00 
$3,179,030 00 



Interest on the Public Debt. 

For the payment of interest on the direct 
debt of the commonwealth, to be in addi- 
tion to the amount appropriated in item 
2410-00 



$3,375 00 



Requirements for Extinguishing the State Debt. 

For sinking fund requirements and certain 
serial bonds maturing during the year 
nineteen hundred and forty-eight, 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: 
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 0604-03 



$56,000 00 



Service of the Department of Banking and Insurance. 

Division of Insurance: 
For other personal services of the division, 
including expenses of the board of appeal 
and certain other costs of supervising mo- 
tor vehicle liability insurance, to be in 
addition to the amount appropriated in 
item 1103-02 $90,000 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 $65,000 00 



192 



Acts, 1947. — Chap. 219. 



Service of the Department of Public Safety. 
Item 

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 $607,500 00 

2970-05 For other necessary expenses of the division, 
to be in addition to the amount appropri- 
ated in item 2102-03 .... 255,000 00 

Total $862,500 00 



Unclassified Accounts and Claims. 

2970-07 For the compensation of certain pubUc em- 
ployees for injuries sustained in the course 
of their employment, for the year nineteen 
hundred and forty-eight 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 and twenty-seven thousand dol- 
lars is hereby appropriated 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 0414-02 
Item 0414-03 
Item 0414-04 
Item 0414-05 
Item 0414-06 
Item 0601-02 
Item 0701-02 



$3,000 00 
51,000 00 
3,000 00 
19,000 00 
13,000 00 
20,000 00 
18,000 00 



$55,000 00 



$127,000 00 



The Following Appropriations are made from the Port op 
Boston Fund: 

Port of Boston Authority: 
3140-01 For personal services, including not more 
than fifty-two permanent positions, and 
other expenses of administration, includ- 
ing the cost of advertising and of mainte- 
nance of certain offices outside of the com- 
monwealth, and the cost of engineering 
and other necessary consulting services . $325,000 00 
3150-01 For personal services, including not more 
than eighty-one permanent positions, and 
for other expenses as required for the opera- 
tion and maintenance of property under 
the control of the authority, including the 
cost of certain reconstruction and repairs . 381,300 00 

3150-41 For projects for dredging channels and filling 
flats, and for the removal of wrecks and 
other obstructions from tide water, to be 
in addition to any amoimt heretofore ap- 
propriated for the purpose 



Total 



100,000 00 
$806,300 00 



Acts, 1947. — Chap. 219. 



193 



The Following Appropbiations are made from the Inland Fish- 
eries AND Game Fund: 



Item 



3304-47 



Service of the Department of Conservation. 

Division of Fisheries and Game: 

For the salary of the director . . . $5,600 00 

For personal services of office assistants, in- 
cluding not more than ten permanent 
positions 22,135 00 

For services other than personal, including 
printing the annual report, traveling ex- 
penses and necessary office supplies and 
equipment, and rent .... 8,500 00 

Enforcement of laws: 

For personal services of conservation officers, 
to be in addition to the amount appropri- 
ated in item 1004-11 .... 54,295 00 

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 
1004r-12 17,500 00 

Biological work: 

For personal services to carry on biological 
work, including not more than two per- 
manent positions ..... 6,720 00 

For traveling and other expenses of the bi- 
ologist and his assistants . . . 2,500 00 

Propagation of game birds, etc. : 
For personal services of employees at game 

farms and fish hatcheries, including not 

more than twenty-five permanent posi- 
tions 114,000 00 

For other maintenance expenses of game 

farms and fish hatcheries, and for the 

propagation of game birds and animals 

and food fish 118,700 00 

Damages by wild deer and wild moose: 
For the pajonent of damages caused by wild 
deer and wild moose, for the year nine- 
teen hundred and forty-eight and for pre- 
vious years, as provided by law . . 12,000 00 

Supervision of public fishing and hunting 
grounds: 
For personal services .... 3,400 00 

For other expenses ..... 1,700 00 

Specials: 

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 

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 .... 5,000 00 

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 con- 
servation 10,000 00 



194 



Acts, 1947. — Chap. 219. 



Item 

3304-48 For the cost of certain improvements at state 
game farms, to be in addition to any 
amount heretofore appropriated for the 
purpose $10,000 00 

3304-49 For the cost of certain improvements at state 
fish hatcheries, and for the purchase of cer- 
tain property, as authorized by chapter 
four hundred and forty-four of the acts of 
nineteen hundred and forty-six, to be in 
addition to any amount heretofore appro- 
priated for the purpose .... 15,000 00 

3304-50 For the establishment of pond fish units, so 
called, for the purpose of increasing the 
available supply of various varieties of 
fresh water fish other than trout . . 10,000 00 



Division of Wild Life Research and Man- 
agement (it is hereby provided that 
federal funds received as reimburse- 
ments under the following items are to 
be credited as income to the Inland 
Fisheries and Game Fund) : 
3304-51 For personal services, including not more 

than four permanent positions 
3304-52 For other expenses ..... 
3304^53 For expenses of establishing and conducting 
co-operative wild life restoration projects, 
as authorized by chapter three hundred 
and ninety-two of the acts of nineteen hun- 
dred and thirty-eight, including not more 
than four permanent positions 

Total 



24,615 00 
6,000 00 



25,000 00 
$482,665 00 



The Following Appropriations are payable from the Veterans' 
Services Fund: 

Service of the Soldiers' Home in Massachusetts. 

3504-30 For the maintenance of the Soldiers' Home in 
Massachusetts, with the approval of the 
trustees thereof, including not more than 
two hundred and thirty-seven permanent 
positions, to be in addition to certain re- 
ceipts from the United States government $584,800 00 



Service of the Commissioner of Veterans' Services. 

3504-41 For personal services of the commissioner and 
deputies, including not more than three 
permanent positions .... $15,260 00 

3504-42 For personal services of agents, clerks, ste- 
nographers, and other assistants, including 
not more than thirty-one permanent posi- 
tions 114,000 00 

3504-43 For services other than personal, including 
printing the annual report, traveling ex- 
penses of the commissioner and his em- 
ployees, and necessary ofiice supplies and 
equipment 25,000 00 

Total $154,260 00 



Acts, 1947. — Chap. 219. 



195 



Advisory Council: 
3504-45 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 . 



$54,000 00 



For Expenses on Account of Wars. 

3504-51 For reimbursing cities and towns for money 
paid on account of state and military aid to 
Massachusetts soldiers and their families, 
to be paid on or before the fifteenth day 
of November, nineteen hundred and forty- 
seven, 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 hun- 
dred and forty-two .... $320,299 48 

3504-52 (This item omitted.) 

3504^53 For reimbursing cities and towns for money 
paid on account of war allowance, state and 
military aid and soldiers' relief to certain 
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 . . 88,109 41 

Total $408,408 89 



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 chap- 
ter seven hundred and thirty-one of the 
acts of nineteen hundred and forty-five, as 
amended ...... 



$65,453 00 



Service of the Department of Education. 

Specials: 

3513-22 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; provided, that any 
revenue resulting from the activities herein 
authorized shall be credited to the Veter- 
ans' Services Fund .... $900,000 00 

3513-23 For maintenance, including the furnishing of 
necessary equipment, and for personal 
services in the operation of the college for 
veterans established at Fort Devens un- 
der authority of chapter five hundred 
and ninety-six of the acts of nineteen hun- 
dred and forty-six, with the approval of 
the board of trustees referred to in said act; 
provided, that any revenue resulting from 
the activities herein authorized shall be 
credited to the Veterans' Services Fund . $2,036,630 00 



Total 



$2,936,630 00 



196 



Acts, 1947. — Chap. 219. 



The Following Appropriations are payable from Revenues 

CREDITED to THE OlD AgE ASSISTANCE FuND: 



Item 
3604-01 



Service of the Alcoholic Beverages Control Commission. 



For personal services, including not more 
than forty-five permanent positions . 
3604-02 For services other than personal, including 
rent of offices, travel, and office and inci- 
dental expenses ..... 

Total 



$142,600 00 

31,000 00 
$173,600 00 



Service of the State Racing Commission. 

3604-11 For personal services, including not more 

than eight permanent positions . $125,040 00 

3604-12 For other administrative expenses, including 
rent of offices, travel, and office and inci- 
dental expenses ..... 14,000 00 

Total $139,040 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 one hundred and eighty permanent 
positions; provided, that any revenue re- 
sulting from the activities herein author- 
ized shall be credited to the Old Age 
Assistance Fund . . . . ^ 

3619-02 For other expenses, including rent, travel, 
oflSce supplies and other necessary ex- 
penses, required for the administration of 
old age assistance provided by said chapter 
one hundred and eighteen A; provided, 
that any revenue resulting from the activi- 
ties herein authorized shall be credited to 
the Old Age Assistance Fund . 



$402,500 00 



53,800 00 



Reimbursement: 
3625 For reimbursement to cities and towns for 
old age assistance for the year nineteen 
himdred and forty-eight and for previous 
years 20,475,000 00 



Total 



$20,931,300 00 



The Following Appropriations are payable from the Mosquito 
Control Fund: 

State Reclamation Board. 

3901 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-seven . $39,814 50 



Acts, 1947. — Chap. 219. 197 

Item 

3915 For the maintenance and construction of 

drainage ditches, as authorized by chapter 
four hundred and fifty-six of the acts of 
ntaeteen hundred and forty-five, to be as- 
sessed in the calendar year nineteen hun- 
dred and forty-seven .... $49,890 45 



Total $89,704 95 



The Following Appropriations are payable from the Parks and 
Salisbury Beach Reservation Fund: 

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 .... $45,798 00 

4012 For travel and other administrative ex- 

penses, including supplies for reservation 
improvements ..... 9,000 00 

4013 For the development of recreational oppor- 

tunities in state forests, including personal 
services and other expenses . 69,588 00 

4021 For the maintenance of the Standish monu- 

ment reservation ..... 3,500 00 

Salisbury Beach Reservation: 
4031 For the maintenance of Salisbury beach res- 

ervation, including not more than one per- 
manent position ..... 46,010 00 



Total $173,896 00 



The Following Appropriations are payable from the Smoke 
Inspection Fund: 

Division of Smoke Inspection. 

4311 For personal services, including not more 

than twelve permanent positions . . $36,360 00 

4312 For other services, printing the annual report, 

travel, and necessary oflSce supplies and 

equipment 3,000 00 



Total $39,360 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 comp- 
troller $25,980 00 



198 



Acts, 1947. — Chap. 219. 



Item 
4411 



4511 



4611 



4711 



For salaries of persons employed in indus- 
tries at the Massachusetts reformatory, 
including not more than twenty-five per- 
manent positions ..... $70,120 00 

For salaries of persons employed in indus- 
tries at the reformatory for women, includ- 
ing not more than thirteen permanent 
positions 32,610 00 

For salaries of persons employed in indus- 
tries at the state prison, including not more 
than twenty-eight permanent positions . 76,180 00 

For salaries of persons employed in industries 
at the state prison colony, including not 
more than twenty-seven permanent posi- 
tions 81,480 00 

Total $285,370 00 



Metropolitan District Commission Funds. 

The following appropriations are to be as- 
sessed upon the several districts in ac- 
cordance with the methods fixed by law, 
unless otherwise provided, and to be ex- 
pended under the direction and with the 
approval of the metropohtan district 
commission: 

8501-00 For personal services and other expenses of 
general administration, to be in addition 
to the amount appropriated in item 
2931-01 $124,650 00 

8602-00 For maintenance of parks reservations, in- 
cluding the retirement of veterans under 
the provisions of the General Laws . . 895,563 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 . 22,500 00 

8607-00 For maintenance of the Charles River basin, 
including retirement of veterans under the 
provisions of the General Laws 237,335 00 

8611-00 For maintenance of the Nantasket Beach 

reservation ...... 81,760 00 

8802-00 For the maintenance and operation of a sys- 
tem of sewage disposal for the north met- 
ropolitan sewerage district, including re- 
tirement of veterans under the provisions 
of the General Laws .... 673,570 00 

8802-32 For the installation of a new generator set at 
the Deer Island pumping station, to be 
assessed as part of the maintenance of the 
north metropolitan sewerage system 7,500 00 

8802-34 For the installation of a new pumping unit 
at the East Boston pumping station, to be 
assessed as part of the maintenance of the 
north metropolitan sewerage system 93,950 00 

8807-00 For the maintenance and operation of a sys- 
tem of sewage disposal for the south met- 
ropohtan sewerage district, including re- 
tirement of veterans under the provisions 
of the General Laws .... 422,327 00 



Acts, 1947. — Chap. 219. 



199 



Item 

8807-40 For the installation of two new boilers at the 
Quincy pumping station, to be assessed as 
part of the maintenance of the south met- 
ropolitan sewerage system . . $31,500 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 .... 1,502,710 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 mainte- 
nance 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 metropoUtan 
water system 28,300 00 

8902-34 For the construction of additions and im- 
provements to certain supply and distri- 
bution mains, as a part of the cost of main- 
tenance of the metropolitan water system, 
to be in addition to any amount heretofore 
appropriated for the purpose . . 400,000 00 

8902-35 For maintenance expenses, including per- 
sonal services, of property held and oper- 
ated by the metropolitan water supply 
commission, to be included as a part of the 
cost of maintenance of the metropolitan 
water system 240,000 00 

8902-36 For the purchase of certain pipe and valve 
stock, for the year nineteen hundred and 
forty-eight and for previous years, to be 
included as a part of the cost of mainte- 
nance of the metropohtan water system . 75,000 00 

8902-47 For certain roofing repairs at the Wachusett 
power station, to be in addition to any 
amount previously appropriated for the 
pxirpose, and to be included as a part of 
the cost of maintenance of the metropoli- 
tan water system ..... 5,000 00 

8902-61 For certain alterations and construction at 
the police service building at Clinton, to be 
included as a part of the cost of mainte- 
nance of the metropolitan water system . 6,000 00 

$4,863,065 00 



Total 



Total Funds 
General Fund .... 
Highway Fund 
Port of Boston Fund 
Inland Fisheries and Game Fund 
Veterans' Services Fund . 
Old Age Assistance Fund . 
Special Assessment Funds 
Prison Industries Fund 
Metropolitan District Commission Funds 



$73,860,566 27 

34,942,365 00 

806,300 00 

482,665 00 

4,203,451 89 

21,243.940 00 

302,960 95 

285,370 00 

4,863,065 00 



Section 3. No payment shall be made or obligation in- 
curred under authority of any special appropriation made 
by this act for construction of public buildings or other im- 
provements at state institutions until plans and specifications 



200 Acts, 1947. — Chap. 219. 

have been approved by the governor, unless otherwise pro- 
vided 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 traveling within the commonwealth at 
the expense thereof, unless such reimbursement is in ac- 
cordance with rules and rates which are hereby authorized 
to be established 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 
committee, a copy of which shall be deposited with the 
division of personnel and standardization, no part of sums 
so appropriated in section two shall be available for pay- 
ment of salaries of any additional permanent 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, 
notwithstanding any special or general act to the contrary. 

Section 7. In addition to the payment of regular salaries, 
sums appropriated for personal services in the fiscal year 
nineteen hundred and forty-eight shall be available for the 
payment of such other forms of compensation as may be 
due under existing statutes, or under the provisions of rules 
and regulations made in accordance with said statutes. 

Section 8. All money paid into the treasury of the com- 
monwealth from federal subventions and grants may be 
expended without specific appropriation, if such expendi- 
tures are otherwise in accordance with law; provided, that 
applications 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 9. The budget commissioner is hereby directed 
to send a copy of sections three to eight, inclusive, of this 
act to each departmental, divisional and institutional head 
immediately following the passage of this act. 

Section 10. Sections one to eight, inclusive, of this act 
shall take effect on July first, nineteen hundred and forty- 
seven. Approved April 2, 19 47. 



Acts, 1947. — Chaps. 220, 221. 201 

An Act amending the charter of the dedham tempo- (JJiaj) 220 

RARY home for WOMEN AND CHILDREN. ^' 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 89 of the acts of 1910, as 
amended by section 1 of chapter 176 of the acts of 1943, is 
hereby further amended by striking out, in lines 2 and 3, 
the words "receive and provide convalescent care for men, 
women and children" and inserting in place thereof the 
words : — provide or assist in providing convalescent care 
for men, women and children and to engage in charitable 
activities in the field of convalescent care, either directly 
or by assisting in the work of hospitals and other charitable 
agencies, — so as to read as follows: — Section 2. The said 
corporation is hereby authorized to provide or assist in pro- 
viding convalescent care for men, women and children and 
to engage in charitable activities in the field of convales- 
cent care, either directly or by assisting in the work of hos- 
pitals and other charitable agencies, under such terms and 
conditions as it may from time to time determine, and to 
use for these purposes aU the real and personal property 
which it now holds or which it may hereafter hold; and it 
is authorized to take and hold for the above purposes real 
and personal property, not exceeding in value one hundred 
and fifty thousand dollars. 

Section 2. Nothing in this act shall be construed to 
authorize the application of any restricted trust funds and 
the income derived therefrom held by said corporation to a 
purpose inconsistent with the terms of the trust upon which 
they are held, without approval of a court of competent 
jurisdiction. Approved April 2, 1947. 



An Act placing the positions of storeroom helpers in Qhav 221 
the division of employment security of the depart- 
ment of labor and industries in the official serv- 
ice classification of civil service. 

Be it enacted, etc., as follows: 

The positions of storeroom helpers in the division of em- 
ployment security of the department of labor and industries 
shall, upon the effective date of this act, be placed in the 
ofiicial service classification of civil service. The persons 
employed in such positions on said effective date and having 
a permanent or a permanent recurrent status under the civil 
service laws shall continue to serve in such positions and 
their tenure of office shall be unHmited, subject, however, 
to the civil service laws, and subject to their passing a quali- 
fying examination to be given by the division of civil service. 
Persons who do not pass such an examination shall continue 
to be employed in their present positions, but shall not be 
subject to said laws so far as they apply to said official 
service. Approved April 2, 1947. 



202 Acts, 1947. — Chap. 222. 



Chap. 222 An Act establishing the raynham center water dis- 
trict IN THE TOWN OF RAYNHAM. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Raynham, 
liable to taxation in said town, and residing within the terri- 
tory comprised within the following boundary lines, to wit: 
— Beginning at the intersection of the Taunton-Raynham 
line, said line being the center of the channel of the Taunton 
river, and the division line, or such line extended, of prop- 
erty now or formerly of the Universal Distillery Inc. and 
Mary N. Marques, thence in a northerly direction to a point, 
the intersection of the division line of land now or formerly 
of John H. Davis and Morrill K. Dean, on Hill street, thence 
northwesterly in a straight line to a brook at King street on 
land now or formerly of Frank S. Hall near the line of 
Clinton Darling, thence in a straight line to the division 
line of land now or formerly of Donna M. and Annie Mc- 
Caig, and Samuel G. Jones, on Pleasant street, thence by 
this line to a brook, a channel from a pond known as John- 
son's pond, thence in a northeasterly direction following 
said brook across White street and still by a brook, and a 
channel of a pond known as Tracy's pond, northwesterly 
to a point, in the division line between the land now or 
formerly of Doris Connors and Joseph and Dora Abrams, 
thence in a northwesterly direction in a straight line cross- 
ing North Main street to a point, on the division line of 
the land now or formerly of George A. Fairbanks, and land 
now or formerly of Charles W. Ashley, on the westerly line 
of Centre street, thence southwesterly, a straight Une to the 
junction of King PhiHp and Mill streets, thence following 
the center Une of King Philip street in a southerly direction 
to the junction of King PhiHp and Thrasher streets, thence 
in a southwesterly direction, and the center hne of Thrasher 
street to the Taunton-Raynham line, thence by the Taun- 
ton-Raynham line southeasterly to the Taunton river, thence 
by the center of the channel of the Taunton river, in a gen- 
eral southeasterly direction to the point of beginning, — 
shall constitute a water district and are hereby made a 
body corporate by the name of the Raynham Center Water 
District, hereinafter called the district, for the purpose of 
supplying themselves with water for the extinguishment of 
fires and for domestic and other purposes, with power to 
establish fountains and hydrants and to relocate and dis- 
continue the same, to regulate the use of such water and 
to fi^ and collect rates to be paid therefor, and for the pur- 
poses of assessing and raising taxes as provided herein for 
the payment of such services, and for defraying the neces- 
sary 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. 



Acts, 1947. — Chap. 222. 203 

Section 2. For the purposes aforesaid the district acting 
by and through its board of water commissioners herein- 
after provided for, may contract with any municipaUty, act- 
ing through its water department, or with any water com- 
pany, 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 Raynham 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, 
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 Raynham not already appropriated for the pur- 
poses of a public supply, and the water and flowage rights 
connected with any such water sources; and for said pur- 
poses may take as aforesaid, or acquire by purchase or other- 
wise, and hold, all lands, rights of way and other easements 
necessary for collecting, storing, holding, purifying and pre- 
serving the purity of the water and for convejdng the same 
to any part of said district; provided, that no source of 
water supply or lands necessary for preserving the quality 
of the water shall be so taken or used without first obtain- 
ing the advice and approval of the state department of pub- 
lic health, and that the location and arrangement of all 
dams, reservoirs, springs, wells, pumping, purification and 
filtration plants and such other works as may be necessary 
in carrying out the provisions of this act shall be subject to 
the approval of said department. Said district may con- 
struct and maintain on the lands acquired and held under 
this act proper dams, wells, springs, reservoirs, standpipes, 
tanks, pumping plants, buildings, fixtures and other struc- 
tures including also the estabhshment and maintenance of 
filter beds and purification works or systems, and may make 
excavations, procure and operate machinery and provide 
such other means and appliances, and do such other things 
as may be necessary for the estabhshment and maintenance 
of complete and effective water works; and for that pur- 
pose may construct pipe lines, wells and reservoirs and es- 
tabhsh 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 pub- 
lic or other ways, and along such ways, within said town of 
Raynham in such manner as not unnecessarily to obstruct 
the same; and for the purposes of constructing, laying, 
maintaining, operating and repairing such aqueducts, con- 
duits, pipes and other works, and for all proper purposes 
of this act, the district may dig up or raise and embank 
any such lands, highways or other ways in such manner as 
to cause the least hindrance to public travel on such ways; 
provided, that the manner in which all things are done upon 
any such way shall be subject to the direction of the select- 



204 Acts, 1947. — Chap. 222. 

men of the town of Raynham. 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 cor- 
poration, or, in case of failure so to agree, as may be approved 
by the department of pubUc utihties. Said district may en- 
ter upon any lands for the purpose of making surveys, test 
wells or pits and borings and may take or otherwise acquire 
the right to occupy temporarily any lands necessary for the 
construction of any work or for any other purpose authorized 
by this act. 

Section 3. Any person sustaining damages in his prop- 
erty by any taking under this act or any other thing done 
under authority thereof may recover such damages from the 
district under said chapter seventy-nine or said chapter 
eirhty A; but the right to damages for the taking of any 
water, water right or water source, or for any injury thereto, 
shall not vest until water is actually withdrawn or diverted 
under authority of this act. 

Section 4. For the purpose of paying the necessary ex- 
penses and liabihties 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 
thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Raynham Center 
Water District Loan, Act of 1947. Each authorized issue 
shall constitute a separate loan, and such loans shall be 
payable in not more than thirty years from their dates. In- 
debtedness incurred under this act shall be subject to the 
provisions of chapter forty-four of the General Laws per- 
taining to such districts. 

Section 5. The district shall, at the time of authorizing 
said loan or loans, provide for the pajmaent thereof in ac- 
cordance with section four of this act; and when a vote to 
that effect has been passed a sum which, with the income 
derived from water rates, will be sufficient to pay the an- 
nual expense of operating its water works and the interest 
as it accrues on the bonds or notes issued as aforesaid by 
the district, and to make such payments on the principal 
as may be required under the provisions of this act, shall 
without further vote be assessed upon the district by the 
assessors of said town of Raynham annually thereafter until 
the debt incurred by said loan or loans is extinguished. 

Section 6. Any land taken or acquired under this act 
shall be managed, improved and controlled by the board of 
water commissioners hereinafter provided for, in such man- 
ner as they shall deem for the best interest of the district. 
All authority vested in said board by this section shall be 
subject to section nine. 

Section 7. Whenever a tax is duly voted by said dis- 
trict for the purposes of this act, the clerk shall send a cer- 
tified copy of the vote to the assessors of said town, who 



Acts, 1947. — Chap. 222. 205 

shall assess the same on property within the district in the 
same manner in all respects in which town taxes are re- 
quired by law to be assessed; provided, that no estate shall 
be subject to any tax assessed on account of the system of 
water supply under this act, if, in the judgment of the board 
of water commissioners hereinafter provided for, after a 
hearing, due notice of which shaU have been given, such 
estate is so situated that it will receive no aid in the ex- 
tinguishment of fire from the said system of water supply, 
or receive no benefit in fire insurance grading therefrom, or 
both, or if such estate is so situated that the buildings 
thereon or the buildings that might be constructed thereon, 
could not be supplied with 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 Ust of the estates exempt from taxa- 
tion under the provisions of this section shall annually be 
sent by the board of water commissioners hereinafter pro- 
vided 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 is authorized to be 
collected on town taxes. 

Section 8. Any meeting of the voters of the territory 
included within the boundaries set forth in section one to 
be held prior to the acceptance of this act, and any meeting 
of the voters of the district to be held prior to the quahfica- 
tion of a majority of the water commissioners, shall be 
called, on petition of ten or more legal voters therein, by a 
warrant from the selectmen of said town, or from a justice 
of the peace, directed to one of the petitioners, requiring him 
to give notice of the meeting by posting copies of the war- 
rant in two or more pubhc places in the district seven days 
at least before the time of the meeting. Such justice of the 
peace, or one of the selectmen, shall preside at such meeting 
until a clerk is chosen and sworn, and the clerk shall preside 
until a moderator is chosen. At any meeting held hereunder 
prior to the acceptance of this act, after the choice of a 
moderator for the meeting the question of the acceptance 
of this act shall be submitted to the voters, and if it is ac- 
cepted by a majority of the voters, present and voting 
thereon it shall thereupon take effect, and the meeting may 
then proceed to act on the other articles in the warrant. 
After the quaUfication of a majority of the water commis- 
sioners, 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 



206 Acts, 1947. — Chap. 222. 

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 suc- 
ceeding annual district meeting, to constitute a board of 
water commissioners; and at every annual district meeting 
following such next succeeding annual district meeting one 
such commissioner shall be elected by ballot for the term of 
three years. The date of the next annual meeting shall be 
fixed by by-law or by vote of the board of water commis- 
sioners, but in no event shall it be later than fifteen months 
subsequent to the date on which the water commissioners 
were first elected. All the authority granted to said district 
by this act, except sections four and five, and not otherwise 
specifically provided for, shall be vested in said board of 
water commissioners, who shall be subject, however, to such 
instructions, rules and regulations as the district may by 
vote impose. At the meeting at which said water commis- 
sioners are first elected and at each annual district meeting 
held thereafter, the district shall elect by ballot, each for a 
term of one year, a clerk and a treasurer of the district. 
The treasurer shall not be a water commissioner and shall 
give bond to the district in such an amount as may be 
approved by said water commissioners and with a surety 
company authorized to transact business in the common- 
wealth as surety. A majority of said water commissioners 
shall constitute a quorum for the transaction of 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 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 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 commission- 
ers may recommend, and in case a surplus should remain 
after payment for such new construction the water rates 
shall be reduced proportionately. 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 account of re- 
ceipts and expenditures. 

Section 11. The district may adopt by-laws, prescribing 
by whom and how meetings of the district may be called, 



Acts, 1947. — Chap. 223. 207 

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. The district shall have all the rights and privileges 
conferred by law upon water districts, so far as appUcable. 

Section 12. Whoever wilfully or wantonly corrupts, pol- 
lutes or diverts any water obtained or suppfied 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 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 hundred 
dollars or by imprisonment for not more than six months. 

Section 13. Upon a petition in writing addressed to 
said commissioners requesting that certain real estate, ac- 
curately 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 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 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 peti- 
tion and vote; and thereupon said real estate shall become 
and be part of the district and shall be holden under this 
act in the same manner and to the same extent as the real 
estate described in section one. 

Section 14. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the territory 
included within said district by section one of this act pres- 
ent and voting thereon, by the use of the check list, at a 
district meeting called, in accordance with section eight, 
within four years after its passage, but not otherwise. 

Approved April 2^ 1947, 



An Act authorizing the town of Bedford to construct pi nnn 

AND operate a SYSTEM OR SYSTEMS OF SEWERS. OAWip.ZZO 

Be it enacted, etc., as follows: 

Section 1. The town of Bedford 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 



Acts, 1947. — Chap. 223. 

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 con- 
nect 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 
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 expira- 
tion of three years, from the next succeeding annual town 
meeting, and until their successors are qualified, and there- 
after, at each annual town meeting when the term of a mem- 
ber 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 commis- 
sioners, 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, 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 railroad location, 
for the purpose of laying such drains and sewers and of 
maintaining and repairing the same, and may do any other 
thing, as may be 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 



Acts, 1947. — Chap. 223. 209 

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 utilities. 

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 
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 com- 
mittee 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 
remaining 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 assess- 
ment, apportionment, division, reassessment, abatement 
and collection 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 the town 
determines the proportion of the cost which is to be borne 
by it, it may by vote determine by which of such methods 
the remaining portion of said cost shall be provided for. 
The collector of taxes of the 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 and seventy-five thousand 
dollars, and may issue bonds or notes therefor, which shall 
bear on their face the words, Bedford Sewerage Loan, Act of 
1947. Each authorized issue shall constitute a separate 
loan. Indebtedness incurred under this act shall be in excess 



Acts, 1947. — Chap. 223. 

of the statutory limit, but shall, except as provided herein 
be subject to chapter forty-four of the General Laws. 

Section 9. The receipts from sewer assessments and 
from payments made in lieu thereof shall be applied to the 
payment of charges and expenses incident to the main- 
tenance 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 purposes 
or to the payment or redemption of such bonds or notes. 

Section 10. Said board of sewer commissioners may 
annually appoint a clerk and may appoint a superintendent 
of sewers who shall not be a member of the board, and shall 
define their duties. It may remove the clerk or superin- 
tendent at its pleasure. Said board may, in its discretion, 
prescribe for the users of said sewer system or systems such 
annual rentals or charges based on 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, prescribe 
rules and regulations for the connection of estates and build- 
ings with main drains and sewers, and for inspection of the 
materials, the construction, alteration and use of all connec- 
tions 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 Bedford, if there be any, and if not, then in some 
newspaper pubUshed in the county of Middlesex or Suffolk, 
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 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 public. At such 
hearing, plans showing in detail all the work to be done in 
constructing said system or systems of sewerage 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 a majority of the voters of the town 
of Bedford voting thereon at an annual town meeting held 
within five years after its passage, but not otherwise. 

Approved April S, 1947. 



Acts, 1947. — Chap. 224. 211 



An Act making permanent certain temporary provi- Qfidj) 224 

SIGNS GF LAW RELATIVE TG THE CARE AND DISPOSAL GF ^' 

LAND ACQUIRED BY CITIES AND TOWNS THROUGH FORE- 
CLOSURE GF TAX TITLES AND CERTAIN LAND GF LOW VALUE 
ACQUIRED BY THEM. 

Whereas, The deferred operation of this act would tend ^rTambi"''^ 
to defeat one of its principal purposes, which is to make 
provision by general law for the care and disposal of land 
acquired by cities and towns through the foreclosure of tax 
titles and certain land of low value acquired by them, im- 
mediately upon the expiration of the existing temporary 
provisions, therefore this act is hereby declared to be an 
emergency law, necessary for the immediate preservation of 
the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter 60 of the General Laws, as amended, Ed)'"60.Tew 
is hereby further amended by inserting after section 77A, § 77B, add«d. 
inserted by chapter 78 of the acts of 1945, the following sec- 
tion: — Section 77 B. The mayor of any city or the select- Careanddis- 
men of any town which holds property acquired by fore- acq^red'by^ 
closure of tax titles or acquired under section eighty may towns^^ough 
appoint a custodian who shall have the care, custody, man- foreclosure 
agement and control of all property heretofore or hereafter ° ^^^ **^ *^' 
so acquired by said city or town. The custodian shall serve 
during the pleasure of the mayor or selectmen and shall 
receive as his compensation, if any, a sum fixed by the 
mayor or by the selectmen. 

The custodian, acting on behalf of the city or town, may, 
notwithstanding any provision of law, ordinance or by-law 
inconsistent herewith, sell at public auction any such prop- 
erty, first sending a notice thereof as herein provided to the 
owner of record immediately prior to the acquisition by the 
city or town of the title to such property. Such notice shall 
contain a description of the property to be sold sufficient to 
identify it, shall state the date, time and place appointed 
for the sale thereof and the terms and conditions of such 
sale, and shall be sent by registered mail to the address of 
such owner as appearing upon the records of the assessors 
of the city or town, at least fourteen days before such sale. 
The custodian shall also, not less than fourteen days before 
such appointed date, post a similar notice in two or more 
convenient and public places in the city or town. Failure 
to send or to post a notice as herein provided, or any in- 
sufficiency m the notice sent or posted, shall not invalidate 
the title to any property sold hereunder. The custodian 
may reject any and all bids at such sale or any adjournment 
thereof if in his opinion no bid is made which approximates 
the fair value of the property, and he may adjourn the sale 
from time to time for such periods as he deems expedient, 
giving notice thereof at the time and place appointed for 
the sale or for any adjournment thereof. After any such 



212 Acts, 1947. — Chaps. 225, 226. 

sale and upon payment by the purchaser to the city or town 
of the amount of a bid accepted by the custodian, the treas- 
urer of said city or town shall, on its behalf, execute and 
deliver any instrument necessary to transfer the title of the 
city or town to any such property sold under this section. 
This section shall not be construed to prevent a city or town 
from disposing of such property under section three of 
chapter forty, or in any other manner authorized by law. 

If the custodian is of the opinion that a sale of any such 
property is not immediately practicable, the custodian, act- 
ing on behalf of the city or town, may, subject to the ap- 
proval of the mayor or the selectmen, notwithstanding any 
provision of law, ordinance or by-law inconsistent herewith, 
lease such property for a term not exceeding three years, 
and may on behalf of the city or town execute and deliver 
such lease. 

The custodian, subject to appropriation, may employ one 
or more assistants as may be necessary for the proper per- 
formance of his duties. Such assistants shall receive as 
compensation such amounts as may be approved by the 
mayor or by the selectmen. 
Effective SECTION 2. This act shall take effect upon May twenty- 

seventh, nineteen hundred and forty-seven. 

Approved April 3, 1947. 



Chap. 225 An Act authorizing the town of webster to pay a 

SUM OF money to JOHN JAROSZ OF SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obli- 
gation, the town of Webster is hereby authorized to pay to 
John Jarosz of said town a sum of money, not exceeding 
one thousand dollars, to reimburse him for expenses of hos- 
pital and medical care necessarily incurred by him, and for 
loss of pay, on account of injuries sustained on October 
twenty-sixth, nineteen hundred and forty-six while in the 
performance of his duties as a regular intermittent patrol- 
man in the police department of said town. 

Section 2. This act shall take full effect upon its accept- 
ance by a majority of the registered voters of said town of 
Webster voting thereon at a town meeting, but not other- 
wise. Approved April 3, 1947. 



Chap. 22Q ^.n Act relative to appropriations for school pur- 
poses in the city of boston in the current year. 

Be it enacted, etc., as follows: — 

Section 1. Notwithstanding the provisions of chapter 
two hundred and twenty-four of the acts of nineteen hun- 
dred and thirty-six, the school committee of the city of 
Boston may, in the current year, by vote of four fifths of all 



Acts, 1947. — Chaps. 227, 228. 213 

its members, taken by yeas and nays, make appropriations 
to be raised by taxation as follows : — 

For all school purposes other than those stated in para- 
graphs a and b of section two of said chapter two hundred 
and twenty-four, the sum of sixteen million seven hundred 
and sixty thousand dollars; provided, that, of said amount, 
the sum of one million six hundred thousand dollars shall 
be used for salary increases only. Any salary increases 
voted during the current year by the school committee of 
the city of Boston may be paid from April first of said year 
upon vote of four fifths of all its members, taken by yeas 
and nays. 

Section 2. Nothing in this act shall prevent the mayor 
of said city, on request of the school committee, from rec- 
ommending, and the city council from passing, additional 
appropriations for school purposes. 

Section 3. So much of section five of chapter two hun- 
dred and forty-one of the acts of eighteen hundred and 
seventy-five, as amended, as provides that the salaries of 
teachers in the public schools of said city shall not be in- 
creased during a school year shall not be operative in re- 
spect to the current school year. 

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

Approved April 3, 1947. 



An Act relative to the filing of nomination papers and (J}i(ip^227 
the doing of certain other acts in connection with ^' 

CERTAIN regular MUNICIPAL ELECTIONS IN THE CITY OF 
BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 139 of the acts of 1945 is 
hereby repealed. 

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

Approved April 7, 1947. 

An Act repealing a certain provision of law forbidding (7/^^^.228 
the trustees of thayer academy to charge tuition ^' 

fees in certain cases. 

Whereas, The deferred operation of this act would impose Emergency 
unjustifiable financial burdens on the Trustees of Thayer preamble. 
Academy by continuing in force a provision of law forbidding 
said corporation to charge tuition fees in the case of certain 
scholars, to the detriment of the purposes for which said 
corporation was organized, therefore it is hereby declared to 
be an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Section 3 of chapter 91 of the acts of 1879 is hereby re- 
pealed. Approved April 7, 1947. 



214 Acts, 1947. — Chaps. 229, 230. 



Chap.229 An Act increasing the salaries of the members and 

THE secretary OF THE LICENSING BOARD FOR THE CITY 
OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Chapter 291 of the acts of 1906 is hereby 
amended by striking out section 2, as most recently amended 
by section 1 of chapter 305 of the acts of 1945, and insert- 
ing in place thereof the following section: — Section 2. The 
annual salary of the chairman of said board shall be six 
thousand five hundred dollars, that of each of the other two 
members six thousand dollars and that of the secretary six 
thousand dollars. Such salaries shall be paid in monthly 
instalments by the city of Boston. Subject to the approval 
of the governor and council, said board may provide itself 
with rooms, convenient and suitable for the performance of 
its duties, the rent of which shall be paid by the city of Bos- 
ton. Said rooms shall be suitably furnished and equipped, 
and the expense thereof shall be paid by said city upon 
requisition by said board. 

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

Approved April 7, 1947. 

Chap. 2S0 An Act relative to appropriations for school purposes 

in the city of LYNN. 

Be it enacted, etc., as follows: 

Section 1. The paragraph of section 1 of chapter 178 of 
the acts of 1909 inserted by section 1 of chapter 154 of the 
acts of 1937, as amended by section 1 of chapter 106 of the 
acts of 1946, is hereby further amended by inserting after 
the word "receipts" in line 11 the words: — and amounts 
received under sections one to seven, inclusive, of chapter 
seventy of the General Laws and other state aid for school 
purposes, — and by striking out in lines 11 and 12 the words 
"one million nine" and inserting in place thereof the words: — 
two million four, — 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 purposes 
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 appropriations 
for said purposes for such financial year, but the total amount 
available for said purposes from all sources, including taxa- 
tion, balances of appropriations and miscellaneous receipts 
and amounts received under sections one to seven, inclusive, 
of chapter seventy of the General Laws and other state aid 
for school purposes, shall not exceed the sum of two million 
four hundred and fifty thousand dollars. 

Section 2. Appropriations for the city of Lynn for the 
current year may be made under section one of said chapter 



Acts, 1947. — Chaps. 231, 232, 233. 215 

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 said city for the current 
year, notwithstanding any provision therein contained. 
Section 3. This act shall take effect upon its passage. 

Approved April 7, 1947. 

An Act subjecting the office of assistant physical (J}iQr) 231 

DIRECTOR IN THE PARK DEPARTMENT OF THE CITY OF ^' 

BOSTON TO THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of assistant physical director in the 
park department of the city of Boston shall, upon the effec- 
tive date of this act, become subject to the civil service laws 
and rules and regulations, and the term of office of any in- 
cumbent thereof shall be unlimited, subject, however, to 
said laws; provided, however, that the present incumbent 
of said office may continue to serve as such after passing 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 April 7, 1947. 

An Act enabling the town of mattapoisett to build nhnrf 232 

AND rent a building ON THE TOWN WHARF PROPERTY. "* 

Be it enacted, etc., as follows: 

Section 1. The town of Mattapoisett may appropriate 
and expend a sum not exceeding three thousand dollars for 
the purpose of constructing a building on the town wharf 
property; provided, that such building shall not interfere 
with the use of said property as a public landing. The 
selectmen may lease said building for a period or periods not 
to exceed ten years subject to such terms and conditions, in- 
cluding a condition that the lessor shall maintain said build- 
ing and make necessary repairs thereto, as they deem ad- 
visable. 

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

Approved April 7, 1947. 

An Act authorizing the town of dan vers to pay a Chap.2Z3 

SUM of MONEY TO JOHN E. DOYLE OF SAID DAN VERS FOR 
MEDICAL AND HOSPITAL EXPENSES INCURRED BY HIM AS 
A RESULT OF INJURIES WHICH HE SUSTAINED WHILE PER- 
FORMING HIS DUTIES AS SEALER OF WEIGHTS AND MEASURES 
OF SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral ob- 
ligation, the town of Danvers is hereby authorized to appro- 
priate the sum of three hundred and ninety-six dollars to 



216 



Acts, 1947. — Chaps. 234, 235. 



reimburse John E. Doyle for medical and hospital expenses 
incurred by him as a result of injuries which he sustained 
while in the performance of his duties as sealer of weights 
and measures of said town, and to pay said sum to said 
Doyle for such purpose. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority of the registered voters of the town 
of Danvers voting thereon at any annual or special town 
meeting, but not otherwise. Approved April 7, 1947. 



G. L. (Ter. 
Ed.). 147, § 38, 
amended. 



Number of 
rounds. 



C/iap.234 An Act further regulating the conduct of boxing or 

SPARRING MATCHES OR EXHIBITIONS. 

Be it enacted, etc., as follows: 

Chapter 147 of the General Laws is hereby amended by 
striking out section 38, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following sec- 
tion : — Section 38. Boxing or sparring matches or exhibi- 
tions shall not exceed ten rounds in length, but if such 
matches or exhibitions are to determine championships, they 
may, in the discretion of the commission, exceed ten rounds 
in length but not fifteen. No round in any such match or 
exhibition shall exceed three minutes. No contestant in a 
professional match or exhibition shall participate in more 
than ten such rounds, or more than the number of rounds 
determined by the commission as aforesaid, as the case may 
be, during any period of seventy-two hours. No contestant 
in amateur boxing shall compete in more than two tourna- 
ments in any period of seven days, nor participate in more 
than three contests between twelve o'clock noon of any day 
and twelve thirty o'clock in the morning of the next day. 
All amateur boxing or sparring matches or exhibitions held 
on any day shall terminate at or before twelve thirty o'clock 
in the morning of the next day. The contestants in pro- 
fessional matches or exhibitions shall wear, during the con- 
test, gloves weighing at least six ounces each and in amateur 
matches or exhibitions, unless otherwise authorized by the 
commission, the contestants shall wear, during the contest, 
gloves weighing at least eight ounces each. Every boxer 
participating in a boxing or sparring match or exhibition 
shall be required to wear a standard protective device, to be 
approved by the commission. Approved April 7, 19If.7. 



Chav 235 An Act further defining the powers of the juvenile 
court in dealing with children who commit an of- 
fence while under the age of seventeen and are not 
apprehended until after reaching the age of seven- 
teen. 



G. L. (Ter. 
Ed.), 119, § 72, 
amended. 



Be it enacted, etc., as follows: 

Section 72 of chapter 119 of the General Laws, as appear- 
ing in the Tercentenary Edition, is hereby amended by in- 
serting after the word "file", in line 5, the following: — , or 



Acts, 1947. — Chap. 236. 217 

where a child between the ages of sixteen and seventeen 
commits an offence and is not apprehended until after reach- 
ing the age of seventeen the court may deal with said child 
in the same manner as if he or she had not reached the age 
of seventeen, and all provisions and rights applicable to a 
child under seventeen shall apply to said child, — so as to 
read as follows : — Section 72. Courts may continue to ex- Jurisdiction 
ercise jurisdiction in their juvenile sessions over children who tLl^hiveniie 
become seventeen years of age or who pass the age limit for ^^^^12^^°^' 
bringing the kind of complaint or proceeding before the 
court, pending adjudication on their cases, or during con- 
tinuances or probation, or after their cases have been placed 
on file, or where a child between the ages of sixteen and 
seventeen commits an offence and is not apprehended until 
after reaching the age of seventeen the court may deal with 
said child in the same manner as if he or she had not reached 
the age of seventeen, and all provisions and rights applicable 
to a child under seventeen shall apply to said child. Nothing 
herein shall authorize the commitment of any girl over seven- 
teen years of age to the industrial school for girls, or give any 
court any power or authority over said children after they 
become eighteen years of age, except that, on the revocation 
of the suspension of the execution of a sentence or order of 
commitment, such sentence or order of commitment may 
be executed, notwithstanding that the child sentenced or or- 
dered committed has passed the age limit for commitment 
to the institution to which he was sentenced or ordered 
committed. Approved April 7, 1947. 

An Act further regulating investments by savings (Jfidj) 236 

BANKS OF deposits AND THE INCOME DERIVED THEREFROM ^' 

IN CERTAIN BONDS, NOTES AND OTHER INTEREST BEARING 
OBLIGATIONS. 

Be it enacted, etc., as follotvs: 

Section 1. Section 54 of chapter 168 of the General Laws g. l. (Ter. 
is hereby amended by adding at the end of subdivision (k) ^tc!!'amlnded^' 
of clause Second, as most recently amended by section 1 of 
chapter 413 of the acts of 1941, the following sentence: — 
Without limiting the generality of the foregoing provisions 
of this subdivision, they shall be construed to mean that 
bonds, notes or other interest bearing obhgations of counties, 
cities, towns or districts shall not be legal for such invest- 
ment if the power of said political subdivisions to levy taxes 
on the taxable real property therein for the full payment of 
principal and interest of such obhgations is hmited as to 
rate or amount, — so that said subdivision (k) will read as 
follows : — 

(fc) The full faith and credit of the county, city, town or investments 
district shall be pledged for the full payment of principal '''^*^°"''«^- 
and interest of all bonds, notes or other interest bearing ob- r^bonis."'^'' 
ligations legal for investment under any provision or sub- 
division of this clause. Without limiting the generality of 



218 



Acts, 1947. — Chap. 236. 



G. L. (Ter. 
Ed.), 168, § 54, 
etc., further 
amended. 



Telephone 

company 

bonds. 



G. L. (Ter. 
Ed.), 168. § 54, 
etc., further 
amended. 

Other bonds 
of telephone 
companies. 



0. L. (Ter. 
Ed.). 168, § 54, 
etc., further 
amended. 



Public service 

company 

securities. 



G. L. (Ter. 
Ed.). 168. § 54 
etc., further 
amended. 



Public service 

company 

securities. 



the foregoing provisions of this subdivision, they shall be 
construed to mean that bonds, notes or other interest bear- 
ing obligations of counties, cities, towns or districts shall not 
be legal for such investment if the power of said political 
subdivisions to levy taxes on the taxable real property 
therein for the full payment of principal and interest of such 
obhgations is limited as to rate or amount. 

Section 2. Subdivision (3) of clause Fifth of said sec- 
tion 54, as most recently amended by section 4 of said chap- 
ter 413, is hereby further amended by striking out, in Hues 5 
and 6, the words "in the case of .any such company having 
any shares without par value", — so as to read as follows: — 

(3) provided, further, that at the end of the fiscal year 
immediately preceding the date of such investment the out- 
standing fully paid capital stock of any such telephone com- 
pany, together with the total of all surplus accounts as 
shown by the books of such company, shall be equal to at 
least two thirds of its total funded debt. 

Section 3. Said section 54 is hereby further amended by 
adding after paragraph (6) of clause Fifth C, inserted by 
section 5 of said chapter 413, the following paragraph: — 

(c) In the case of a new issue of bonds, notes, or capital 
stock, the terms, "total assets", "depreciated value of 
fixed property", "total outstanding indebtedness", "bonds 
and notes outstanding", "funded debt", "mortgage debt", 
"capital stock", and "surplus accounts", shall mean the 
amount to be shown by the books of the corporation after 
the issuance and sale of such new issues of bonds, notes or 
capital stock, except that there may be added to the depre- 
ciated value of the fixed property, that portion of the pro- 
ceeds of the sale of the new issue or issues which is to be used 
for additions to such property under the terms of a binding 
agreement. 

Section 4. Clause Sixth A of said section 54, as most 
recently amended by section 3 of chapter 377 of the acts of 
1945, is hereby further amended by striking out paragraph 
(c) of subdivision (1), and inserting in place thereof the fol- 
lowing paragraph : — 

(c) In the sale and distribution of natural gas supplied 
in substitution for and in mixture with artificial gas; but 
in no case shall the bonds of any corporation which in the 
year preceding the date of investment shall have derived 
more than forty per cent of its gross revenues from the sale 
and distribution of natural gas become a legal investment 
unless said corporation maintains at all times full facilities 
for the manufacture of artificial gas in quantities sufficient 
to supply the normal demand ; and 

Section 5. Said clause Sixth A, as amended, is hereby 
further amended by striking out paragraph (c) of subdivision 
(4) and by striking out subdivisions (5), (6) and (7), and 
inserting in place thereof the four following subdivisions : — 

(5) provided, further, that at the date of investment, the 
outstanding fully paid capital stock and surplus of such cor- 



Acts, 1947. — Chap. 237. 219 

poration shall be equal to at least sixty per cent of its total 
funded debt. "Funded debt", as used herein, shall mean 
all interest bearing debt, whether secured or unsecured, 
maturing more than one year from its date of issue, but ex- 
cluding bonds of the corporation held as collateral to secure 
other of its outstanding obhgations. 

(6) Such bonds shall be issued under an indenture which 
cannot be changed so as to alter the obligations of the com- 
pany to pay the principal at maturity, or to pay the interest 
at the rates and on the dates specified in such bonds, except 
with the consent of the holder or holders of the bond or bonds 
affected, and such bonds shall be secured by either a first or 
junior mortgage upon all or part of the fixed property of 
such corporation, but the aggregate principal amount of all 
its mortgage bonds shall not exceed seventy-five per cent 
of the depreciated value of the fixed property of the cor- 
poration as shown by its books except that there may be 
added to the depreciated value of the fixed property as 
shown by its books, the amount of any cash which is to 
be used for additions to the fixed property in accordance 
with terms of a binding agreement. No junior mortgage 
bond shall quafify under this paragraph unless under the 
terms of the indenture under which it was issued all underly- 
ing mortgages must be paid at maturity, or refunded by 
such junior mortgage. Such underlying mortgages shall be 
closed except for the purpose of issuing additional bonds to 
be pledged under such junior mortgage. If such junior 
mortgage, or, in the absence of a junior mortgage, the first 
mortgage, is not closed, it shall provide for the issuance 
of additional bonds for extensions, improvements and prop- 
erty acquisitions only for an amount not exceeding eighty per 
cent of the actual cost of such extensions, improvements 
and property acquisitions. 

(7) If, during any of the periods mentioned in this clause, 
such corporation has been consolidated by purchase or other- 
wise, the aggregate operating figures, exclusive of intercom- 
pany charges, and the consolidated balance sheet figures may 
be considered to determine whether the requirements of this 
clause have been satisfied. 

(8) Not more than twenty per cent of the deposits of any 
such bank shall be invested in bonds under this clause, nor 
shall more than two per cent of such deposits be invested 
in the bonds of any one such corporation. 

Approved April 7, 1947. 

An Act authorizing the placing of the office of super- nfi^jy 237 

INTENDENT OF THE CITY INFIRMARY OF THE CITY OF LYNN ^' 

UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of superintendent of the city in- 
firmary of the city of Lynn shall, upon the effective date of 
this act, become subject to the civil service laws, rules and 



220 



Acts, 1947. — Chaps. 238, 239. 



regulations, and the tenure of office of any incumbent 
thereof shall be unlimited, subject, however, to said laws, 
but the person holding said office on said effective date shall 
continue to serve therein only until January first, nineteen 
hundred and forty-eight unless prior thereto he passes a 
qualifying examination to which he shall be subjected by 
the division of civil service. Upon passing the same, he shall 
be deemed to be permanently appointed to said position 
without serving any probationary period. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of the city council of said city, subject to 
the provisions of its charter, but not otherwise. 

Approved April 7, 1947. 



Chap. 



G. L. (Ter. 
Ed.), 12, new 
§ 6A, added. 

Attorney 
general may 
call district 
attorneys, 
sheriffs and 
police. 



238 An Act authorizing the attorney general to call, as 
occasion may require, conferences of district at- 
torneys, sheriffs and police officials of cities and 

TOWNS. 

Be it enacted, etc., as follows: 

Chapter 12 of the General Laws is hereby amended by 
inserting after section 6, as appearing in the Tercentenary 
Edition, the following section : — Section 6 A . He may 
from time to time, and as often as occasion may require, 
call into conference the district attorneys, the sheriffs of the 
several counties and the chiefs of police of the several cities 
and towns, or such of them as he may deem advisable, for 
the purpose of discussing the duties of their respective offices 
with a view to the uniform and adequate enforcement of the 
laws of the commonwealth. Approved April 8, 1947. 



Chap. 2^^ An Act authorizing any district having a fire depart- 
ment TO PLACE THE OFFICE OF CHIEF ENGINEER OF SUCH 
DEPARTMENT UNDER THE CIVIL SERVICE LAW. 

Be it enacted, etc., as follows: 

Section 48 of chapter 31 of the General Laws, as amended 
by section 6 of chapter 701 of the acts of 1945, is hereby 
further amended by adding at the end the following para- 
graph : — 

The office of chief engineer of a district organized under 
general or special law, having a fire department, and incum- 
bents of any such office, shall be subject to the provisions 
of this section relative to towns, and for this purpose, the 
word "town" shall include a district, the words "regular 
municipal election" shall include an annual district meet- 
ing, and the words "town clerk" shall include the clerk of a 
district. Approved April 8, 1947. 



G. L. (Ter. 
Ed.), 31, § 48, 
etc., amended. 



Office of 
chief 
engineer 
included in 
this section. 



Acts, 1947. — Chaps. 240, 241, 242. 221 



An Act making temporaey provision relative to the Chav. 24:0 

FILING OF ANNUAL STATEMENTS OF INSURANCE COMPANIES, 
OR OF SCHEDULES ACCOMPANYING SUCH STATEMENTS. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which in part is to permit the commis- ^'^®^°' 
sioner of insurance to exercise, as of March first of the cur- 
rent year, the authority thereby given to him, 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 commissioner of insurance is hereby 
authorized to extend in the years nineteen hundred and 
forty-seven, nineteen hundred and forty-eight and nineteen 
hundred and forty-nine the time for the filing of annual 
statements of insurance companies transacting business in 
the commonwealth, or of schedules accompanying such state- 
ments, for not more than ninety days beyond March first 
in said years. 

Section 2. This act shall be effective as of March first 
in the current year. Approved April 9, 1947. 



An Act granting jurisdiction to the boston juvenile (Jfid^ 241 

court concurrent with the municipal court OF THE ^' 

CITY OF BOSTON OF COMPLAINTS FOR FAILING TO REQUIRE A 
CHILD TO ATTEND SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 76 of the General Laws, g. l. (Ter. 
as appearing in the Tercentenary Edition, is hereby amended fmended.^ ^' 
by adding at the end the two following sentences : — The Boston 
Boston juvenile court shall have jurisdiction, concurrent |,"^°'^^g 
with the municipal court of the city of Boston, of complaints concurrent 
hereunder. Complaints hereunder brought in other district ju^'sdiction. 
courts shall be heard in the juvenile sessions thereof. 

Section 2. This act shall take effect on September first 
in the current year. Approved April 9, 1947. 



An Act further regulating the separation from the nhn^ 942 
service of the commonwealth of certain war ^' 
veterans holding unclassified offices or positions. 

Be it enacted, etc., as follows: 

Chapter 30 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 9A, inserted by chapter 269 of the acts ftc'^'amended' 
of 1946, and inserting in place thereof the following sec- 
tion: — Section 9 A. A veteran, as defined in section twenty- separation of 



in the service of the commonwealth not classified under said hoidi 
chapter thirty-one, other than an elective office, an ap- office or* 
pointive office for a fixed term or an office or position under positions. 



222 Acts, 1947. — Chaps. 243, 244. 

section seven of this chapter, and has held such office or 
position for not less than three years, shall not be involun- 
tarily separated from such office or position 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 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 posi- 
tion 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 such separation shall occur in the inverse order 
of their respective original appointments. 

Approved April 9, 1947. 

Chap. 243 ^ -^CT CHANGING AND ESTABLISHING A PART OF THE BOUND- 
ARY LINE BETWEEN THE TOWNS OF READING AND LYNN- 
FIELD. 

Be it enacted, etc., as follows: 

Section 1. The following described line shall hereafter 
be a part of the boundary line between the towns of Reading 
and Lynnfield : — Beginning at a point which is located in 
the boundary line between the towns of Reading, Lynnfield 
and Wakefield at latitude 42 °-3 1-5 1.92" and longitude 
71 °-04 -32.32", being a corner town bound known as the 
Lynnfield-Reading-Wakefield town bound, thence north 
7°-03'-52" east, a distance of 9,128.77 feet, to a point in the 
boundary lines of Reading, North Reading and Lynnfield at 
latitude 42°-33'-21.41" and longitude 71°-04'-17.32" and 
known as the Lynnfield-North Reading-Reading town 
bound. 

Section 2. The inhabitants of the estates within the 
territory of the towns of Reading and L3ainfield, which terri- 
tory is affected by this act, and the owners of such estates, 
shall be holden to pay all arrears of taxes which have been 
legally assessed upon them prior to the effective date of this 
act, and such taxes shall be collected by the collector of taxes 
of the town by which such taxes were originally assessed. 

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

Approved April 10, 19^7 . 



Chap.24A ^-^ Act relative to the entry upon voting lists of the 

CITY OF BOSTON OF CERTAIN OMITTED LISTINGS. 

Be it enacted, etc., as follows: 

Ed^M*s'35 Section 1. Section 35 of chapter 51 of the General Laws, 
etc!, amended, as most recently amended by section 10 of chapter 451 of 
the acts of 1939, is hereby further amended by adding at the 
City of end the following sentence : — Notwithstanding any incon- 

induded. sistent provision of this section or of any other general or 



Acts, 1947. — Chaps. 245, 246. 223 

special law, this section shall apply to the city of Boston 
and the election commissioners thereof. 

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

Approved April 10, 1947. 

An Act relative to fishing privileges for patients in (7/^p.245 

veterans' hospitals in MASSACHUSETTS. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to grant without delay certain ^"^'"'^ 
fishing privileges to patients in veterans' hospitals in this 
commonwealth, therefore it is hereby declared to be an em- 
ergency law, necessarj'' for the immediate preservation of the 
public convenience. 
Be it enacted, etc., as folloivs: 

Section 1. Section 5 of chapter 131 of the General Laws, a l. (jer.^ ^ 
as appearing in section 2 of chapter 599 of the acts of 1941, is ftc^, amended', 
hereby amended by adding after the word "provided" in 
line 1 the words: — in this section and. 

Section 2. Said section 5, as so amended, is hereby g. l. (Ter 
further amended by adding at the end the following para- ^ttl'fifther ' 

graph : amended. 

The director is authorized to issue free of charge a special If^""^^ 
certificate to the head of each veterans' hospital within the veterans' 
commonwealth. Any such certificate shall be valid through- 1^^^.%^^^ 
out the calendar year of issue and shall permit groups of ,Y^^hout 
patients, designated by the hospital authorities, to fish in 
inland waters of the commonwealth without possessing 
sporting or fishing licenses. Such groups shall be limited to 
not more than fifteen patients each day from any one hospital 
and every such group shall be under the supervifsion of the 
chief of special services of the hospital or a person designated 
by him. Said certificate shall be carried on the person of the 
chief of special services or the person designated by him while 
the group is fishing and shall be shown upon demand of any 
ofiicer empowered to enforce this chapter. 

Approved April 10, 1947. 

An Act providing that the disabled American veterans, Qj^Q^jy 246 

DEPARTMENT OF MASSACHUSETTS MAY DRILL AND PARADE ^' 

WITH FIREARMS. 

Be it enacted, etc., as follows: 

Section 49 of chapter 33 of the General Laws, as most g^^-^J'^'j^g 
recently amended by section 1 of chapter 409 of the acts of etc., amended'. 
1946, is hereby further amended by inserting after the word 
"States" the first time it appears in line 32 the words: 
— , Disabled American Veterans, Department of Massa- 
chusetts, — so as to read as follows: — Section 49. Except unauthorized 
as provided in section fifty, no body of men, e.xcept the organ- 
ized militia, the troops of the United States, and the Ancient 
and Honorable Artillery Company of Massachusetts, shall 



224 Acts, 1947. — Chap. 246. 

maintain an armory, or associate together at any time as a 
company or organization, for drill or parade with firearms, or 
so drill or parade ; nor shall any city or town raise or appro- 
priate money toward arming, equipping, uniforming, sup- 
porting or providing drill rooms or armories for any such 
body of men; provided, that associations wholly composed 
of soldiers honorably discharged from the military service of 
the United States may parade in public with arms, upon the 
reception of any regiment or company of soldiers returning 
from said service, and for escort duty at the burial of de- 
ceased soldiers, with the written permission of the mayor of 
the city or selectmen of the city or town where they desire 
to parade; that students in educational institutions where 
military science is a prescribed part of the course of instruc- 
tion or members of schools for military instruction conducted 
with the approval of the commander-in-chief may, with the 
consent of the commander-in-chief, drill and parade with 
firearms in public, under the superintendence of their in- 
structors or teachers; that foreign troops whose admission 
to the United States has been consented to by the United 
States government may, with the consent of the commander- 
in-chief, drill and parade with firearms in public; that any 
body of men may, with the consent of the commander-in- 
chief, drill and parade in public with any harmless imitation 
of firearms approved by the adjutant general; that regularly 
organized posts of the Grand Army of the Republic, The 
American Legion, Veterans of Foreign Wars of the United 
States, Disabled American Veterans, Department of Massa- 
chusetts, and Jewish War Veterans of the United States, and 
of the American Veterans of World War II, AMVETS — 
Department of Massachusetts, regularly organized camps of 
the United Spanish War Veterans, regularly organized de- 
tachments of the Marine Corps League, and regularly organ- 
ized chapters of the Yankee Division Veterans Association 
and the Massachusetts State Guard Veterans and regularly 
organized units thereof may drill and parade with firearms 
in public, under the supervision of their duly authorized 
officers; that the Kearsarge Association of Naval Veterans, 
Inc., may at any time parade in public their color guards of 
not more than twelve men armed with firearms; that the 
Society of Colonial Wars in the Commonwealth of Massa- 
chusetts, the Order of the Founders and Patriots of America, 
the Massachusetts Society of the Sons of the American 
Revolution, the Society of the Sons of the Revolution in the 
Commonwealth of Massachusetts, The Society of the War 
of 1812 in the Commonwealth of Massachusetts (Incorpo- 
rated), and regularly organized branches of any of said so- 
cieties, may at any time parade in public their uniformed 
color guards of ten men with firearms; that regularly organ- 
ized camps or other duly organized units of the Sons of 
Union Veterans of the Civil War may at any time parade in 
public their color guards, escorts, and firing parties with 
firearms, but no such camp or other organized unit shall at 



Acts, 1947. — Chaps. 247, 248. 225 

any time so parade more than sixteen men; that any or- 
ganization heretofore authorized by law may parade with 
side-arms; and that any veteran association composed 
wholly of past members of the militia of the commonwealth 
may maintain an armory for the use of the organizations of 
the militia to which its members belonged; provided, that 
such drill or parade is not in contravention of the laws of 
the United States. Approved April 10, 1947. 



An Act to authorize wellesley college to hold addi- Chap. 2^7 

TIONAL real and PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Wellesley College is hereby authorized to hold real and 
personal estate in the manner and for the purposes set forth 
in its charter to an amount not exceeding fifty million dollars, 
subject otherwise to the provisions of section one of chapter 
forty-five of the acts of nineteen hundred and twenty-eight. 

Approved April 10, 1947. 



An Act authorizing the city of boston to sell certain (J}iap.24i8 

LAND situate ON THE VETERANS OF FOREIGN WARS 
PARKWAY IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any contrary provisions of 
general or special law, the city of Boston, by its mayor, may 
sell at public auction any part or parts or the whole of that 
portion of the land taken by eminent domain by the board 
of park commissioners of said city on the twenty-second day 
of October in the year eighteen hundred and ninety-four, as 
evidenced by the instrument recorded with Suffolk Deeds, 
Book 2244, page 545, which is still held by said city for 
public park purposes; provided, that the board of park com- 
missioners of said city shall, by vote at a regular meeting of 
said board, assent to the sale; and provided, further, that 
the sale is authorized, after two separate readings, by two 
separate votes of two thirds of all the members of the city 
council of said city, the second of said readings and votes to 
be had not less than fourteen days after the first. 

Section 2. The mayor of said city, in the name and on 
behalf of said city, shall execute and deliver any instrument 
necessary to convey any land sold under authority of this 
act. 

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

Approved April 10, 1947. 



226 Acts, 1947. — Chaps. 249, 250. 



Chap. 24Q An Act authorizing the town of foxborough to raise 

AND APPROPRIATE MONEY FOR, AND TO PAY, CERTAIN BILLS. 

Be it enacted, etc., as follows: 

Section 1. The town of Foxborough, on dehvery to it of 
four school buses purchased by its school committee, may 
pay therefor, from the appropriation heretofore voted for 
such purpose, a sum not exceeding twenty-three thousand 
six hundred and fifty-two dollars and eighty cents, may pay 
for fuel delivered in the current year and chargeable to the 
regular appropriation of the school department of said town 
a sum not exceeding five hundred and thirty-nine dollars and 
eighteen cents, and may pay, from the appropriation hereto- 
fore voted for the purpose, for the printing of the annual 
town report for the year nineteen hundred and forty-six a 
sum not exceeding six hundred and ninety-five dollars, not- 
withstanding non-compliance with any provision of sections 
two, three and four of chapter IV of its by-laws pertaining 
to contracts entered into by it. 

Section 2. Said town, at its annual town meeting in the 
current year, may raise and appropriate a sum not exceeding 
nine hundred and sixteen dollars to pay for a stoker pur- 
chased by its school committee and now installed in the Car- 
penter school, and a sum not exceeding six hundred and forty 
dollars to pay for a refrigerator purchased by the superin- 
tendent of schools with the approval of said committee and 
now installed in the high school, the cost of which is to be 
reimbursed by the federal government, and, subject to such 
appropriation, may pay for said stoker and said refrigerator, 
notwithstanding non-compliance with any of said provisions 
of its by-laws and notwithstanding that the warrant for 
said meeting was posted prior to the effective date of this 
act. 

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

Approved April 10, 1947. 

Chap. 260 An Act relative to the borrowing of money by the 

CITY OF WORCESTER FOR THE PURPOSE OF CONSTRUCTING 
A MUNICIPAL AIRPORT. 

Be it enacted, etc., as follows. • 

Chapter 24 of the acts of 1941 is hereby amended by 
striking out section 1, as most recently amended by chap- 
ter 43.3 of the acts of 1946, and inserting in place thereof the 
following section: — Section 1. The city of Worcester may, 
within a period of ten years from the passage of this act, 
incur indebtedness for the construction of a municipal air- 
port, either within or without the city, and for the original 
equipment thereof, including fire and police apparatus, snow 
removal and other equipment necessary for the operation of 
such an airport, and may issue bonds or notes therefor, which 
shall bear on their face the words, Worcester Municipal Air- 



Acts, 1947. — Chaps. 251, 252. 227 

port Loan, Act of 1941. Each authorized issue shall consti- 
tute 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 
available revenue funds in 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 10, 1947. 



An Act confirming the election of officers and other (JJkij) 251 
proceedings of a meeting of the inhabitants of the ^' 
town of ashfield in the current year. 

Be it enacted, etc., as follows: 

Section 1. The election of officers and other proceedings 
at a meeting of the inhabitants of the town of Ashfield held 
on March tenth in the current year, if otherwise valid, are 
hereby validated and confirmed, notwithstanding that the 
annual meeting of said towTi was called for March third in 
said year and adjourned to said March tenth, and said 
meeting is hereby declared to be the annual town meeting 
of said town for the current year. 

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

Approved April 14, 1947. 



An Act confirming the election of officers and other Chav. 262 

PROCEEDINGS OF A MEETING OF THE INHABITANTS OF THE 
TOWN OF LEYDEN IN THE CURRENT YEAR. 

Be it enacted, etc., as follows: 

Section 1. The election of officers and other proceedings 
at a meeting of the inhabitants of the town of Leyden held 
on March tenth in the current year, if otherwise valid, are 
hereby validated and confirmed, notwithstanding that the 
annual meeting of said town was called for March third in 
said year and held on said March tenth, and said meeting is 
hereby declared to be the annual town meeting of said 
town for the current year. 

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

Approved April 14, 1947. 



228 Acts, 1947. — Chaps. 253, 254. 

Chap. 253 An Act relative to the regulation of the occupation 

OF GIVING POOL, SHOWER OR OTHER BATHS. 

Be it enacted, etc., as follows: 

Ed.^,' i4o,'^§ 51, Section 51 of chapter 140 of the General Laws, as most 
etc!, 'amended. ' recently amended by section 12 of chapter 626 of the acts 
of 1941, is hereby further amended by inserting after the 
word "vapor", in line 3 and in line 21, in each instance, the 
words: — , pool, shower or other, — so as to read as follows: 
^poTbaths, — Section 51 . No person shall practice massage, or conduct 
etc., regulated, au establishment for the giving of vapor, pool, shower or 
other baths for hire or reward, or advertise or hold himself 
out as being engaged in the business of massage or the 
giving of said baths without receiving a license therefor 
from the board of health of the town where the said occupa- 
tion is to be carried on; provided, that a person registered 
as a barber or apprentice under the provisions of section 
eighty-seven H or section eighty-seven I of chapter one 
hundred and twelve or as a hairdresser, operator, or a 
student under the provisions of sections eighty-seven T to 
eighty-seven JJ, inclusive, of said chapter one hundred and 
twelve may practice facial and scalp massaging without 
taking out a license as provided in this section. The board 
of health may grant the license upon such terms and condi- 
tions, and may make such rules and regulations in regard to 
the carrying on of the occupation so licensed, as it deems 
proper, and may revoke any license granted by it for such 
cause as it deems sufficient, and without a hearing; pro- 
vided, that a person licensed to massage or to conduct an 
establishment for the giving of vapor, pool, shower or other 
baths in any town may, at the request of a physician, attend 
patients in any other town in the commonwealth without 
taking out an additional license. 

Approved April 14, 1947. 

Chap. 254: An Act authorizing savings banks to make blanket 

CONSTRUCTION LOANS ON REAL ESTATE. 

Be it enacted, etc., as follows: 

EdJ; i68"§ 54, Clause First of section 54 of chapter 168 of the General 
etc., 'amended.' Laws, as amended, is hereby further amended by inserting 
after subdivision (g), added by chapter 98 of the acts of 
1947, the following subdivision: — 
Savings (ji) A loan secured by a first mortgage upon two or more 

nTale^Ta^nket parccls of real estate contained within a single project being 
fo^nron*reai developed by one owner, and situated wdthin the common- 
estate, wealth, or in a state contiguous thereto and within twenty- 
five miles of the main office of the savings bank making the 
loan, may be made to finance the construction of a single 
family dwelling and appurtenances upon each of the parcels 
covered by the mortgage, said mortgage being in an amount 
not to exceed seventy-five per cent of the estimated com- 
pleted value, as certified in writing by at least two members 



Acts, 1947. — Chap. 255. 229 

of the board of investment, of the land and the structures 
thereon securing the same, or twelve thousand dollars with 
respect to each parcel and the structures thereon covered 
by the mortgage, whichever amount is the lesser. Each loan 
shall by its terms be payable in not more than two years 
after the date of the note evidencing the same. 

Not later than thirty days after such loan becomes pay- 
able, at least two members of the board of investment shall 
certify in writing, according to their best judgment, the 
value of the premises and the dwellings erected thereon then 
remaining subject to the mortgage; and if, at the time such 
valuation is made, the balance of principal and interest re- 
maining due on said mortgage is in excess of sixty per cent 
of the value so certified, a sufficient reduction in the amount 
of such balance shall be required, as promptly as may be 
practicable, to bring the said balance within sixty per cent 
of such value, and until so reduced a reserve in an amount 
equal to the required reduction shall be established and 
maintained. The total of the balances of principal and in- 
terest outstanding at any one time on loans made under this 
subdivision shall not exceed one per cent of the deposits of 
such corporation. Approved April I4, 1947. 



An Act relative to the appointment, powers and QJku) 255 
duties of custodians of voting machines. 

Be it enacted, etc., as follows: 

Section 1. Chapter 54 of the General Laws is hereby g. l. (Xer. 
amended by striking out section 30A, inserted by section 2 ^tl! 'amended' 
of chapter 310 of the acts of 1943, and inserting in place 
thereof the following section : — Section SO A . Not^ith- Custodians 
standing any contrary provision of section thirteen, where malhijfes. 
voting machines are used the city or town clerk or election duties and 
commissioners shall appoint in writing one or more custo- p°'^''" °^- 
dians of voting machines, who shall assist him or them in 
the preparation and upkeep of voting machines, shall in- 
struct the election officers in the use of said machines, and 
shall perform their duties under the supervision of the city 
or town clerk or election commissioners. If a voting ma- 
chine requires adjustment during the course of an election, 
a custodian shall, if requested to do so by the warden, make 
such repairs or adjustments as may be required to return 
the voting machine to operating condition, and for this pur- 
pose may enter within the guard rail in any polling place, 
but he shall not make any such adjustments or repairs except 
in the presence of not less than two election officers of the 
precinct, who shall be designated by the warden so as to 
give equal representation to the two leading political parties. 
No person holding an appointment as an election officer 
under section eleven shall be appointed a custodian under 
this section. No person shall be appointed or act as a cus- 
todian in a voting precinct where he is a candidate for elec- 
tion, nor shall such person be permitted to perform any 



230 



Acts, 1947. — Chap. 256. 



G. L. (Te: 
Ed.), 54, 
amended. 



Persons 
permitted 
within guard 
rail. 



G. L. (Ter. 
Ed.), 54, § 70, 
etc., amended. 



Number of 
voters 
allowed 
within 
guard rail. 



work in advance upon a voting machine to be used in such 
a precinct. 

Section 2. Section 69 of said chapter 54, as appearing 
in the Tercentenary Edition, is hereby amended by insert- 
ing after the word "supervisors" in line 1 the words: — , cus- 
todians of voting machines when acting in the course of 
their duties, — so as to read as follows : — Section 69. No 
persons except the election officers, supervisors, custodians 
of voting machines when acting in the course of their duties, 
the city or town clerks, and voters admitted for the purpose 
of voting, shall, during the progress of an election and until 
the public declaration of the vote, be permitted within the 
guard rail, unless authorized by the election officers for the 
purpose of keeping order and enforcing the law. 

Section 3. Section 70 of said chapter 54, as amended by 
section 16 of chapter 411 of the acts of 1943, is hereby fur- 
ther amended by inserting after the word "supervisors" in 
line 2 the words : — , custodians of voting machines when 
acting in the course of their duties, — so as to read as fol- 
lows : — Section 70. No more than four voters, besides elec- 
tion officers and supervisors, custodians of voting machines 
when acting in the course of their duties, and the city or 
town clerk, in excess of the number of marking compart- 
ments provided, shall be allowed at one time within the 
guard rail. Where voting machines are used, the number 
of voters allowed within the guard rail shall not be more 
than twice the number of voting machines provided. After 
the time fixed for closing the polls, no voters shall be ad- 
mitted within the guard rail, except the election officers and 
supervisors, and except voters who are then in the polling 
place or in line at the door thereof. The presiding officer of 
the polling place shall provide or cause to be provided to 
each voter so outside the guard rail a card or shp bearing 
such voter's name, and the voter shall as soon as practicable 
present the same to one of the ballot clerks and shall then 
be permitted to vote if otherwise qualified. When the polls 
are closed, the presiding officer shall cause a police officer 
or other quahfied person to be stationed at the end of the 
line of persons waiting to vote to see that no other persons 
vote than those who were in the polling place or in line at 
the door at the time fixed for closing the polls. After the 
last voter in line at the door has entered within the guard 
rail, the voters shall be allowed five minutes in which to cast 
their votes. Approved April 14, 19Jf7. 



Chap.26Q An Act providing for the printing or typing of the 

NAMES OF PERSONS WHOSE SIGNATURES APPEAR ON IN- 
STRUMENTS PROVIDED BY LAW TO BE RECORDED. 

Be it enacted, etc., as follows. • 

Ed^'222T§8 Section 1. Section 8 of chapter 222 of the General 

amended." ' Laws, as appearing in the Tercentenary Edition, is hereby 

amended by inserting after the word "shall" in line 2 the 



Acts, 1947. — Chaps. 257, 258. 231 

words : — print or type his name directly below his signa- 
ture and, — so as to read as follows : — Section 8. A justice Justices of the 
of the peace or notary pubUc, when taking acknowledgment affix da^te^'o/" 
of any instrument provided by law to be recorded, shall coJ^^^'^^n^ 
print or type his name directly below his signature and affix 
thereto the date of the expiration of his commission in the 
following language: "My commission expires ". 

Failure to comply with this section shall not affect the 
validity of any instrument, or the record thereof. 

Section 2. Chapter 36 of the General Laws is hereby g. l. (Ter. 
amended by inserting after section 18 the following section : — ne'V'i^fsA, 
Section 18 A. The register or an assistant register may ^-dded. 
print or tjT)e the name of any person whose signature ^3^^^^^^°'' 
appears on any instrument filed for recording and is not registw may 
clearly legible, such name to be printed or typed directly JlgnecTtr^ 
below such signature. Approved April I4, 1947. instrument. 



An Act authorizing the issuance of non-assessable Qjiq/q 257 

POLICIES BY certain FOREIGN MUTUAL INSURANCE COM- ^' 

PANIES. 

Be it enacted, etc., as follows: 

Section 152A of chapter 175 of the General Laws, as g. l. (Ter. 
amended, is hereby further amended by adding at the end of f t52A!^ttc., 
the sentence inserted by section 3 of chapter 247 of the acts amended. 
of 1943 the following : — ; provided, that any foreign Non-assessabie 
mutual company hereinbefore referred to which has not authorized 
itself or through its predecessor or predecessors been so 
engaged in the insurance business continuously for ten or 
more years may issue non-assessable policies if it has and 
maintains a surplus to poficyholders of not less than one 
million dollars. Approved April I4, 1947. 



An Act requiring licenses issued to certain common (Jjidj) 258 

CARRIERS OF PASSENGERS BY MOTOR VEHICLE TO BE ^* 

UPON FORMS APPROVED BY THE DEPARTMENT OF PUBLIC 
UTILITIES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 159A of the General Laws is hereby g. l. (Ter. 
amended by striking out section 2, as appearing in the f"^-^' ^^^^' 
Tercentenary Edition, and inserting in place thereof the amended. 
following section : — Section 2. Every such license shall License to 
specify the route or routes over which the motor vehicles lnd"tobe"o*n 
used thereunder may be operated, and shall be on a form b°y'5e^art-"*'^^ 
approved by the department of public utihties; provided, ment of 
that a variance from a form so approved shall not affect ''"*'''" "'^'''*'®^- 
the vaUdity of the license if the form used is in substantial 
conformity with the approved form, A licensee shall not 
operate motor vehicles for the purposes specified in section 
one otherwise than upon routes specified in the license or 
licenses issued to him; provided, that in the event of the 



232 Acts, 1947. — Chaps. 259, 260. 

closing of the whole or a portion of such a route by public 
authority or of interference with operation thereon by street 
repairs, fire, accident, unusual and severe traffic congestion 
or other emergency, a hcensee may temporarily operate 
such vehicles by a reasonably direct and convenient detour. 
Section 2. Section one of this act shall not affect the 
validity of licenses issued, prior to the effective date of this 
act, by any proper licensing authority under section one of 
chapter one hundred and fifty-nine A of the General Laws. 

Approved April 14, 1947. 

Chap. 259 An Act enabling war veterans who are minors, or 

WHOSE SPOUSES ARE MINORS, TO PARTICIPATE IN THE 
BENEFITS PROVIDED BY THE FEDERAL LAW KNOWN AS 
THE servicemen's READJUSTMENT ACT OF 1944 OR THE 
G I BILL OF RIGHTS, AS AMENDED. 

Be it enacted, etc., as follows: — 

Section 1. Chapter 408 of the acts of 1945 is hereby 
amended by inserting after the word "Rights" in line 4 
the words : — , and any amendment thereof or addition 
thereto, — by inserting after the word "they" in line 5 the 
words: — , or their spouses, — and by striking out, in line 6, 
the word "minors" and inserting in place thereof the words: 
— minor veterans or spouses, — so as to read as follows : — 
Residents of this commonwealth who are veterans of World 
War II and are entitled to the benefits provided by the 
federal law known as the Servicemen's Readjustment Act 
of 1944, and also called the G I Bill of Rights, and any 
amendment thereof or addition thereto, may participate in 
said benefits notwithstanding that they, or their spouses, 
are under twenty-one years of age, and for said purpose 
such minor veterans or spouses shall have full legal capacity 
to act in their own behalf in the matter of contracts, con- 
veyances, mortgages and other transactions, and with 
respect to such acts done by them they shall have aU of the 
rights, powers and privileges and be subject to the obliga- 
tions of persons of full age. 

Section 2. Such acts of minors as are referred to in 
section one of this act, if done prior to its effective date, shall 
have the same force and effect as if this act had been in 
effect at the time of such acts. Approved April 14, 1947. 

Chav. 260 A-N Act relative to the duties of the commissioner, 

THE DEPUTY COMMISSIONER AND THE STATE MEDICAL DI- 
RECTOR IN THE DIVISION OF SAVINGS BANK LIFE INSUR- 
ANCE, AND OF THE TRUSTEES OF THE GENERAL INSURANCE 
GUARANTY FUND. 

Be it enacted, etc., as follows: 

Ed^.Sl'g. Section 1. Section 9 of chapter 26 of the General Laws, 

amended. ' as appearing in the Tercentenary Edition, is hereby amended 

by striking out in lines 7 and 8 the words ", and shall have 



Acts, 1947. — Chap. 260. 233 

general supervision and control of the work of the divi- 
sion", — so as to read as follows: — Section 9. The divi- Division. 
sion of savings bank life insurance shall consist of the body- 
corporate known as the General Insurance Guaranty Fund. 
The commissioner of savings bank life insurance shall be one commissioner 
of the board of trustees of the corporation, designated by blnriiif 
the governor as such commissioner. His term shall be that insurance. 
of his appointment as trustee. He shall act as president of 
the board of trustees of said corporation. 

Section 2. Section 10 of said chapter 26, as amended gj^-^J^^^o 
by chapter 346 of the acts of 1943, is hereby further amended etc!, amended! 
by striking out in line 6 the word "may" and inserting in 
place thereof the word : — shall, — and by striking out in 
lines 12 and 13 the words "who shall discharge the duties of 
the commissioner during his absence or disability" and in- 
serting in place thereof the words : — commissioner who shall 
administer the work of the division under the direction and 
control of the trustees, — so as to read as follows : — Section Trustees of 



10. The governor, with the advice and consent of the council, ^^"^ General 

Fund. 



— r 1 /~\ IT Insurance 

shall annually appoint a trustee of the General Insurance Guaranty 
Guaranty Fund for seven years from July first in the year of ^""'' 
his appointment. Such trustee shall serve without compen- 
sation and shall be selected from persons who are trustees of 
savings banks or of savings and insurance banks. The 
trustees shall elect from their own number a vice president 
to act as president of the board of trustees in the absence or 
disabiUty of the president, and shall elect a treasurer and a 
clerk, aU of whom shall hold office for one year and until 
their successors are appointed. The trustees may, with the Deputy, 
approval of and subject to confirmation by the governor 
and council, appoint, and with their consent remove, a deputy 
commissioner who shall administer the work of the division 
under the direction and control of the trustees. The budget 
estimates of the division required by section three of chapter 
twenty-nine shall be approved by the trustees. 

Section 3. Section 14 of chapter 178 of the General g-^l. (Ter.^ ^^ 
Laws, as appearing in the Tercentenary Edition, is hereby amended.' 
amended by striking out all after the word "twenty-six" in 
fine 5 and inserting in place thereof the following : — , who 
shall have general supervision and control of the work of 
the body corporate. The trustees of the fund shall adopt a 
code of by-laws which shall prescribe the powers and duties 
of the officers, — so as to read as follows: — Section -^>4- ^QeiSf* 
The General Insurance Guaranty Fund shall be a body cor- insurance 
porate, with the powers specifically provided in this chapter Fund^"*^ 
and with all the general corporate powers incident thereto. 
It shall be managed by the board of trustees appointed un- 
der section ten of chapter twenty-six, who shall have general 
supervision and control of the work of the body corporate. 
The trustees of the fund shall adopt a code of by-laws which 
shall prescribe the powers and duties of the officers. 

Section 4. Said chapter 178 is hereby further amended g^l. (Ter ^^ 
by striking out section 16, as so appearing, and inserting in amended.' 



234 



Acts, 1947. — Chap. 261. 



Powers and 
duties of state 
medical 
director. 



place thereof the following section : — Section 16. The state 
medical director, appointed under section twelve of chapter 
twenty-six, shall be subject to the supervision and control 
of the trustees of the General Insurance Guaranty Fund and 
shall prescribe the rules relating to health or acceptabihty 
of the applicant for insurance, and shall act as supervising 
and advising physician for the medical department of all 
the savings and insurance banks. 

Approved April I4, 1947. 



Chap. 2Q1 ^^ ^'^^ MAKING APPROPRIATIONS FOR THE FISCAL YEAR 
ENDING JUNE THIRTIETH, NINETEEN HUNDRED AND FORTY- 
SEVEN, TO PROVIDE FOR SUPPLEMENTING CERTAIN EXIST- 
ING APPROPRIATIONS, AND FOR CERTAIN NEW ACTIVITIES 
AND PROJECTS. 

Be it enacted, etc., as follows. • 

Section 1. To provide for meeting deficiencies in certain 
appropriations previously made, and for certain new activities 
and projects, the sums set forth in section two, for the 
several purposes and subject to the conditions specified in 
said section, are hereby appropriated for the current fiscal 
year from the general fund or ordinary revenue of the 
commonwealth, unless some other source of revenue is 
expressed, subject to the provisions of law regulating the 
disbursement of public funds and the approval thereof, the 
sums so appropriated to be in addition to any amounts at 
present available for the purposes. 

Section 2. 



Service of the Legislative Department. 
Item 

0101-19 For personal services of the counsel to the 
house of representatives and assistants, 
including not more than six permanent 
positions ...... 

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

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

0102-06 For office and other expenses of the commit- 
tee on rules on the part of the senate 

0102-11 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 

0102-13 For biographical sketches of certain state and 
federal officials ..... 

0251-00 For an investigation relative to safety of 
persons in places of assembly, as author- 
ized by a resolve of the current year . 

Total 



Sl,200 00 


2,107 75 


6,000 00 


50 00 


1,000 00 


342 00 


6,000 00 


$16,699 76 



Acts, 1947. — Chap. 261. 



235 



Service of the Judicial Department. 
Item 

Superior Court, as follows: 
0302-02 For traveling allowances and expenses . $2,900 00 

0302-11 (This item omitted.) 
0302-12 (This item omitted.) 

Special: 
0302-21 For the compensation of a master appointed 
under the provisions of chapter ninety- 
three of the General Laws, and for the 
compensation of clerical or stenographic 
assistants employed by said master as pro- 
vided in said chapter .... $385 10 

Total $3,285 10 



Service of the Land Court. 

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 $7,000 00 

Service of the District Attorneys. 

0310-09 For traveling expenses necessarily incurred 
by the district attorneys, except in the 
Suffolk district, including expenses incurred 
in previous years ..... $2,000 00 

Service of the Executive Department. 

0401-23 For postage, printing, stationery, traveling 
and contingent expenses of the governor 
and council $3,500 00 

Service of the Organized Militia. 

0403-14 For compensation for accidents and injuries 
sustained in the performance of military 
duty $1,877 49 

Service of the State Quartermaster. 

0406-04 For the operating expenses of armories of the 
first class, including heat and light, but not 
including repairs ..... $4,000 GO 

Service of the State Superintendent of Buildings. 

0416-13 For services, supplies and equipment neces- 
sary to furnish heat, light and power . $12,000 00 

Service of the Art Commission. 
0424-01 For expenses of the commission . . . $197 30 

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 tne cost of pur- 
chase of a certain piece of property, and 
including not more than two hundred and 
thirty-one permanent positions, to be in 
addition to certain receipts from the 
United States government . . $29,000 00 



236 



Acts, 1947. — Chap. 261. 



Item 



Service of the Secretary of the Commonwealth. 



0503-03 For printing and binding public documents 



$874 65 



Service of the Treasurer and Receiver-General. 

Commissioners on Firemen's Relief: 
0602-01 For relief disbursed, with the approval of the 
commissioners on firemen's relief, subject 
to the provisions of law .... $2,500 00 

State Board of Retirement: 
0604-03 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 2970-01 200,000 00 

Total $202,500 00 



Service of the Department of the Attorney General. 

0801-03 For services other than personal, traveling 
expenses, office supplies and equipment . 



$2,500 00 



Service of the Department of Agriculture. 

Division of Plant Pest Control and Fairs: 
0909-02 For travel and other expenses . 



$1,325 00 



Service of the Department of Conservation. 

1004-87 For the cost of construction and improve- 
ment of certain fishways, as provided by 



law 



$2,000 00 



Service of the Department of Banking and Insurance. 

Division of Banks: 
1101-03 For services other than personal, printing the 
annual report, traveling expenses, office 



1104r-01 



supplies and equipment .... $2,600 00 

Board of Appeal on Fire Insurance Rates: 

For expenses of the board .... 200 00 

Total $2,800 00 



Service of the Department of Corporations and Taxation. 

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 in- 
come tax division, as authorized by item 
1201-02 of section two of chapter three 
hundred and nine of the acts of nineteen 
hundred and forty-six, the sum of fifty 
thousand dollars is hereby appropriated 
from the general fund .... $50,000 00 

1201-03 For other expenses of the corporations and 
tax divisions, including necessary office 
supplies and equipment, travel, and for 
printing the annual report, other publica- 
tions and valuation books . . . 14,000 00 



Acts, 1947. — Chap. 261. 



237 



Item 

1201-12 For expenses other than personal services of 
the division of field investigation and tem- 
porary taxes ...... 

1201-22 For expenses other than personal services for 
the administration of an excise on meals, 
the sum of three thousand dollars is hereby- 
appropriated from the general fund; pro- 
vided, that a sum equivalent to the ex- 
penditures under this item shall be trans- 
ferred to the general fund from amounts 
collected under chapter sixty-foiu" B of the 
General Laws ..... 

Division of Accounts: 
1203-12 For the expenses of certain books, forms and 
other material, which may be sold to cities 
and towns requiring the same for main- 
taining their system of accounts 

Total 



$4,000 00 



Service of the Department of Education. 

Reimbursement and aid : 
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 

University Extension Courses: 
1301-61 For personal services, including not more 
than forty-five permanent positions for the 
year nineteen himdred and forty-seven 
and the previous year .... 

Division of Immigration and Americaniza- 
tion: 
1302-02 For other expenses ..... 

Teachers' Retirement Board: 
1305-08 For the payment of the commonwealth's 
share in financing the teachers' retirement 
system, as provided by chapter six him- 
dred and fifty-eight of the acts of nineteen 
hundred and forty-five . . . 

For the maintenance of the following state 
teachers' colleges, with the approval of 
the commissioner of education : 

1307-00 State teachers' college at Bridgewater, in- 
cluding not more than sixty permanent 
positions ...... 

1309-00 State teachers' college at Framingham, m- 
cluding not more than sixty-four perma- 
nent positions ..... 

1312-00 State teachers' college at North Adams, in- 
cluding not more than twenty-six perma- 
nent positions ..... 

1314-00 State teachers' college at Westfield, includ- 
ing not more than thirty permanent posi- 
tions ....... 

Textile School: 
1332-00 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 per- 
manent positions .... 

Total 



3,000 00 



7.000 00 



$78,000 00 

$7,661 96 

10,000 00 
1,241 80 

500,000 00 

6,000 00 
2,000 00 
1,500 00 
1,845 00 

8,500 00 
$538,748 76 



238 



Acts, 1947. — Chap. 261. 



Service of the Department of Civil Service and Registration. 
Item 

Division of Civil Service: 

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

1402-21 For expenses of hearings as authorized by 
chapter six hundred and sixty-seven of the 
acts of nineteen hundred and forty-five 



1412-01 



Board of Registration of Professional En- 
gineers and of Land Surveyors: 
For travel and other necessary expenses 



Total 



$15,000 00 



500 00 



1,500 00 
$17,000 00 



1501-03 



Service of the Department of Industrial Accidents. 
For traveling expenses .... 



$750 00 



Service of the Department of Labor and Industries. 

1601-32 (This item omitted.) 

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 supplies 
and equipment for the statistical service . $1,000 00 

Labor Relations Commission: 
1604-02 For administrative expenses, including office 

rent 2,213 04 

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 20,000 00 

1605-02 For other expenses, including travel, as au- 
thorized by sections eleven E to eleven L, 
inclusive, of chapter twenty-three of the 
General Laws ..... 6,750 00 

Total $29,963 04 



Service of the Department of Correction. 

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

1801-23 For traveling expenses of officers and em- 
ployees of the parole board when required 
to travel in the discharge of their duties . 



Total 



$2,000 00 

3,995 45 
$5,995 45 



Service of the Department of Public Welfare. 

For the maintenance of institutions under 
the control of the trustees of the Massa- 
chusetts training schools, with the ap- 
proval of said trustees, as follows: 
1917-00 Lyman school for boys, including not more 
than one hundred and forty-one permanent 
positions ...... 



$10,000 00 



Acts, 1947. — Chap. 261. 



239 



Service of the Department of Public Safety. 
Item 

Administration: 
2101-02 For personal services of clerks and stenog- 
raphers, including not more than seventy- 
seven permanent positions . . . $6,300 00 

Division of State Police: 
2102-03 For other necessary expenses of the division, 
to be in addition to the amounts appropri- 
ated in item 2970-05 .... 15,000 00 

Total $21,300 00 



Service of the Department of Public Utilities. 

Special: 
2320-01 For the expenses of a proceeding for a judi- 
cial determination of certain powers and 
duties of the trustees of the Boston Ele- 
vated Railway Company, as authorized 
by chapter eighty-nine of the resolves of 
nineteen hundred and forty-one 



$5,000 00 



Interest on the Public Debt. 

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 



$155,875 00 



Unclassified Accounts and Claims. 

2811-02 For the compensation of veterans who may 
be retired by the governor imder the pro- 
visions of sections fifty-six to fifty-nine, in- 
clusive, of chapter thirty-two of the Gen- 
eral Laws ...... 



$35,000 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 two hundred and seventy-five thousand 
dollars is hereby appropriated and made 
available for transfer, with the approval of 
the commission on administration and 
finance, to appropriation items where the 
amounts otherwise available for the pur- 
chase of food are insufficient for the purpose 



$275,000 00 



The Following Appropriations are made from the Highway Fund: 



Service of the Department of Public Works. 

Special : 
2900-91 For certain roofing repairs at the public works 

buUding $15,000 00 



2922-01 



2922-02 



Public Works Building: 

For personal services for the maintenance and 
operation of the public works building, in- 
cluding not more than sixty-three perma- 
nent positions ..... 

For the salaries of guards for the public works 
building, including not more than seven- 
teen permanent positions 



13,000 00 
659 65 



240 



Acts, 1947. — Chap. 261. 



Registration of Motor Vehicles: 
2924-01 For personal services, including not more 
than six hundred and seventy-nine perma- 
nent positions ..... 

Total 



$15,000 00 
$43,659 55 



Service of the Department of Public Safety. 

Division of State Police: 
2970-05 For other necessary expenses of the division, 
to be in addition to the amount appropri- 
ated in item 2102-03 .... 



$15,000 00 



The Following Appropriation is made from the Inland Fisheries 
AND Game Fund: 

Service of the Department of Conservation. 

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 



The Following Appropriations are made payable from the 
Veterans' Services Fund: 

Service of the Department of Education. 

Specials: 

3513-22 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; provided, that any 
revenue resulting from the activities herein 
authorized shall be credited to the Vet- 
erans' Services Fund .... $200,000 00 

3513-23 For maintenance, including the furnishing of 
necessary equipment, and including certain 
tuition payments to the town of Ayer, and 
for personal services in the operation of the 
college for veterans established at Fort 
Devens under authority of chapter five 
hundred and ninety-six of the acts of nine- 
teen hundred and forty-six, with the apn 
proval of the board of trustees referred to 
in said act; provided, that any revenue 
resulting from the activities herein author- 
ized shall be credited to the Veterans' 
Services Fund ..... 



Total 



250,000 00 
$450,000 00 



The Following Appropriations are payable from Revenues 
credited to the Old Age Assistance Fund: 

Service of the Alcoholic Beverages Control Commission. 

3604-02 For services other than personal, including 
rent of oflRces, travel, and office and inci- 



dental expenses 



$1,200 00 



Acts, 1947. — Chap. 261. 



241 



Item 
3604r-ll 



Service of the State Racing Commission. 

For personal services, including not more 
than eight permanent positions 



$12,000 00 



Miscellaneous. 

0101-02 Item 0101-02 of section two of chapter three 
hundred and nine of the acts of nineteen 
hundred and forty-six is hereby amended 
by inserting after the word "forty-seven" 
in the second line the words : — , and the 
expenditiu-e of one thousand one hundred 
and twelve dollars and eighty cents in the 
year nineteen hundred and forty-six for 
this purpose in excess of the amount ap- 
propriated in said year is hereby confirmed. 

0101-04 Item 0101-04 of section two of chapter three 
hundred and nine of the acts of nineteen 
hundred and forty-six is hereby amended 
by inserting after the word "forty-seven" 
in the third line the words: — , and the 
expenditure of ten thousand and thirty-six 
dollars and twenty-five cents in the year 
nineteen hundred and forty-six for this 
purpose in excess of the amount appropri- 
ated in said year is hereby confirmed. 

0102-02 Item 0102-02 of section two of chapter three 
hundred and nine of the acts of nineteen 
hundred and forty-six is hereby amended 
by inserting after the word "branches" in 
the third line the words : — , for the year 
nineteen hundred and forty-seven and the 
previous year. 

0401-60 "I From the amount appropriated in item 0401- 

0401-22 j 60 of section two of chapter three hundred 
and nine of the acts of nineteen hundred 
and forty-six the sum of eight thousand 
dollars is hereby transferred and made 
available for the purposes of item 0401-22 
of said section two of said chapter three 
hundred and nine. 

0401-60 "1 From the amount appropriated in item 0401- 

0401-24 / 60 of section two of chapter three hundred 
and nine of the acts of nineteen hundred 
and forty-six the sum of twelve thousand 
dollars is hereby transferred and made 
available for the purposes of item 0401-24 
of said section two of said chapter three 
hundred and nine. 

0401-60 1 From the amount appropriated in item 0401- 

0401-26 / 60 of section two of chapter three hundred 
and nine of the acts of nineteen himdred 
and forty-six the sum of five thousand 
dollars is hereby transferred and made 
available for the purposes of item 0401-26 
of section two of chapter six hundred and 
seventeen of the acts of nineteen hundred 
and forty-six. 

0414-10 Item 0414-10 of section two of chapter three 
hundred and nine of the acts of nineteen 
hundred and forty-six is hereby amended 
by inserting after the word "therewith" in 
the second line the words: — , for the year 
nineteen hundred and forty-seven and the 
previous year. 



242 



Acts, 1947. — Chap. 261. 



Item 
1203-11 

1203-01 



1203-11 
1203-02 



1341-87 



1805-25 



1806-21 



2820-33 



8611-25 



From the amount appropriated in item 1203- 
1 1 of section two of chapter three hundred 
and nine of the acts of nineteen hundred 
and forty-six the sum of eighteen hundred 
dollars is hereby transferred to and made 
available for the purposes of item 1203-01 
of said section two of said chapter three 
hundred and nine. 

From the amount appropriated in item 1203- 
1 1 of section two of chapter three hundred 
and nine of the acts of nineteen hundred 
and forty-six the sum of twenty-seven 
hundred dollars is hereby transferred to 
and made available for the purposes of item 
1203-02 of said section two of said chapter 
three hundred and nine. 

Notwithstanding the provisions of item 1341- 
87 of section one of chapter seventy-four 
of the acts of nineteen hundred and forty- 
six, any unexpended balance of the sum 
appropriated thereby may be expended for 
providing the facilities referred to therein 
for other buildings transferred by the 
federal government for the use of the 
Massachusetts State College, and for the 
purchase of furnishings and equipment 
therefor. 

Item 1805-25 of section two of chapter seven 
hundred and thirty-six of the acts of nine- 
teen hundred and forty-five is hereby 
amended by inserting after the word 
"plant" in the first line the words: — , 
and piggery. 

Item 1806-21 of section two of chapter seven 
hundred and thirty-six of the acts of nine- 
teen hundred and forty-five is hereby 
amended by inserting after the word "pig- 
gery" in the second line the words: — , and 
dairy. 

Item 2820-33 of section two of chapter six 
hundred and seventeen of the acts of nine- 
teen hundred and forty-six is hereby 
amended by inserting after the word 
"house" in the second line the words: — , 
including the cost of moving to such space 
and expenses incidental thereto. 

Item 8611-25 of section two of chapter three 
hundred and nine of the acts of nineteen 
hundred and forty-six is hereby amended 
by inserting after the word "roofing" in 
the first line the words: — , and other. 



Total Funds: 

General Fund $1,464,191 54 

Highway Fund ....... 58,659 55 

Inland Fisheries and Game Fund .... 6,000 00 

Veterans' Services Fund 450,000 00 

Old Age Assistance Fund 13,200 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- 



Acts, 1947. — Chap. 261. 243 

tions have been approved by the governor, unless other- 
wise provided by such rules and regulations as the governor 
may make. 

Section 4. Notwithstanding the provisions of section 
fifty-one of chapter thirty of the General Laws, or any 
other provision of law, the state purchasing agent is hereby 
authorized to incur liabilities for the purchase of supplies 
as provided by said section fifty-one in an amount not 
exceeding three hundred and fifty thousand dollars, in 
addition to any amount heretofore provided for the purpose, 
and the comptroller may certify for payment liabilities so 
incurred to an amount not exceeding three hundred and 
fifty thousand dollars, in addition to any amount heretofore 
provided for the purpose. 

Section 5. To meet the additional 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 sixteen, nineteen hundred and forty-six, 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 comptroller is hereby directed 
to transfer the following sums to the following appropria- 
tion items, the same to be in each instance in addition to 
the amounts already transferred to said items, as authorized 
by section seven of chapter three hundred and nine of the 
acts of nineteen hundred and forty-six : 

Item 0311-01 $15,500 

Item 0416-05 26,880 

Item 0423-02 4,000 

Item 1311-00 3,740 

The comptroller is hereby further directed to reduce the 
amounts heretofore transferred to the following items, as 
authorized by said section seven of said chapter three hun- 
dred and nine by the following sums, representing in each 
instance the amounts so transferred which are in excess of 
those required for said salary increases: 

Item 1301-22 $11,490 

Item 1301-61 23,620 

Item 1402-02 3,000 

Item 1712-00 6,000 

Item 1725-00 5,000 

Item 1918-00 5,000 

Item 1919-00 21,380 

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 
committee, a copy of which shall be deposited with the 
division of personnel and standardization, no part of sums 
so appropriated in section two shall be available for payment 
of salaries of any additional permanent positions, or for 



244 Acts, 1947. — Chap. 262. 

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, notwithstanding 
any special or general act to the contrary. 

Section 7. For the purpose of providing a reserve fund 
against necessary expenditures for the maintenance of 
institutions under the control of the department of mental 
health, the budget commissioner, upon recommendation 
of the commissioner of mental health, may transfer from 
the unexpended balances of appropriations for the current 
fiscal year, for the maintenance of said institutions, con- 
tained in chapters 309 and 617 of the acts of 1946, such 
sums, not exceeding, in the aggregate, three hundred thou- 
sand dollars, as, in the opinion of said commissioner of 
mental health, may be so transferred without affecting 
adversely the efficiency of the service of the respective 
institutions. From the reserve fund herein authorized, the 
budget commissioner may transfer to the appropriations 
of other institutions under the control of said department 
such sums as may be necessary to meet the expenditures 
hereinabove referred to, such sums to be in addition to 
any amounts heretofore appropriated for the maintenance 
of such last mentioned institutions for said current fiscal 
year. 

Section 8. This act shall take effect upon its passage. 
Approved April 15, 1947. 



C hap. 2Q2 An Act relative to the manufacture, sale and dis- 
tribution OF electricity by ware industries, inc. 
in the town of ware, and validating certain acts 

OF SAID corporation. 

Be it enacted, etc., as follows: 

Section 1. The provisions of chapter one hundred and 
sixty-four of the General Laws, as amended, shall not apply 
to Ware Industries, Inc., with respect to the manufacture 
and sale or distribution and sale of electricity to tenants 
and occupants of real estate now owned by it and to the 
plants now owned and occupied by Ware Woolen Com- 
pany, all situate in the town of Ware, so long as said Ware 
Industries, Inc. shall not use or occupy any public way 
therein in connection with the manufacture, sale or distri- 
bution of electricity. 

Section 2. All acts of said Ware Industries, Inc., prior 
to the passage of this act, including the issuance and sale 
of its capital stock, are hereby validated and confirmed in 
so far as said acts may be invalid by reason of failure to 
comply with the provisions of said chapter one hundred and 
sixty-four. 

Section 3. This act shall take effect upon its passage. 
Approved April 16, 1947. 



Acts, 1947. — Chaps. 263, 264. 245 

An Act requiring the retirement board of the city of Qhav 263 

WORCESTER TO REPAY TO CERTAIN EMPLOYEES OF SAID CITY ^' 

THE CONTRIBUTIONS MADE BY THEM TO THE CONTRIBUTORY 
RETIREMENT SYSTEM OF SAID CITY, AND ESTABLISHING THE 
PENSION OR RETIREMENT ALLOWANCES OF SUCH EMPLOYEES. 

Be it enacted, etc., as follows: 

Section 1. The retirement board of the city of Worcester 
is hereby directed to pay over to John J. Duffy, WiUiam J, 
O'Connor, Wilham J. Guilfoyle, Michael P. Ballantine, 
John C. McGuirk, Hugh Neil, and Frederick A. Dodge, all 
employees of the city of Worcester, all deductions withheld 
from their wages as such employees on account of the mem- 
bership of each of the aforesaid employees in the con- 
tributory retirement system, so called, established by virtue 
of chapter four hundred and ten of the acts of nineteen hun- 
dred and twenty-three, as amended, and the names of said 
employees shall be stricken from the rolls of such retirement 
board as members of such contributory retirement system, 
so called. Each of the aforesaid employees shall be entitled 
to the benefits of pension or retirement allowances provided 
for laborers under section seventy-seven of chapter thirty-two 
of the General Laws. 

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

Approved April 16, 1947. 



Chap.2Q4: 



An Act increasing the amount of wages and of pensions 
exempt from attachment. 

Be it enacted, etc., as follows: 

Section 1. Section 28 of chapter 246 of the General gj^^'^^^g 
Laws, as most recently amended by section 1 of chapter 338 etc'^mtaLd.' 
of the acts of 1941, is hereby amended by striking out, in 
lines 3 and 10, the word "twenty" and inserting in place 
thereof, in each instance, the word: — twenty-five, — so as 
to read as follows: — Section 28. If wages for personal wages, etc.. 
labor or personal services of a defendant are attached for a att^SLent? 
debt or claim, an amount not exceeding twenty-five dollars ^^®''- 
out of the wages then due to the defendant for labor per- 
formed or services rendered during each week for which such 
wages were earned but not paid shall be reserved in the hands 
of the trustee and shall be exempt from such attachment. If 
a pension payable to a defendant, which is not otherwise 
exempt by law from attachment, is attached for a debt or 
claim, an amount not exceeding twenty-five dollars for each 
week which has elapsed since the last preceding payment 
under such pension was payable to said defendant shall be 
reserved in the hands of the trustee from the amount then 
payable to said defendant but not paid and shall be exempt 
from attachment. The amount reserved under this section 
shall be paid by the trustee to the defendant in the same 
manner and at the same time as such amount would have 



246 



Acts, 1947. — Chaps. 265, 266. 



Effective 
date. 



been paid if no such attachment had been made. Every writ 
of attachment shall contain a statement of the amount ex- 
empted from attachment under this section and also a 
direction to the trustee to pay over the exempted amount as 
hereinbefore provided. 

Section 2. This act shall take effect on October first in 
the current year. Approved April 16, 1947. 



Chap.2Qd An Act authorizing the closing of public offices in 

CITIES AND TOWNS ON SATURDAYS. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 41, new 
§ 110 A, 
added. 

Public offices 
may be closed 
on Saturdays 
in cities and 
towns. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose, which in part is to authorize prompt action 
by cities and towns as a result of which public offices therein 
may be closed on Saturdays, 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 41 of the General Laws is hereby amended by 
inserting after section 110 the following section: — Section 
110 A. Any public office in any city or town may remain 
closed on any or all Saturdays as may be determined from 
time to time, in a city by the city council, subject to the 
provisions of the city charter, or, in a town, by vote of the 
town at a special or regular town meeting, and the provisions 
of section nine of chapter four shall apply in the case of such 
closing of any such office on any Saturday to the same extent 
as if such Saturday were a legal holiday. 

Approved April 17, 1947. 



G. L. (Ter. 
Ed.). 175, § 63, 
etc., amended. 



Investments 
of domestic 
insurance 
companies. 



C/iap. 266 An Act relative to the investments of domestic in- 
surance COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. Section 63 of chapter 175 of the General 
Laws, as amended, is hereby further amended by inserting 
after clause (c) of paragraph 2 the following clause: — 

(d) In the bonds or notes of any county, city, town, 
district, authority or political subdivision located in any 
state of the United States, if, by statutory or other require- 
ments applicable thereto, such bonds or notes are payable 
as to both principal and interest from adequate special 
revenues pledged or otherwise appropriated or by law re- 
quired to be provided for the purpose of such payment, but 
not including any obligations payable solely out of special 
assessments on properties benefited by local improvements. 
EdVi7l'"5 63 Section 2. Paragraph 3 of said section 63, as appearing 
further ' ' in the Tercentenary Edition, is hereby amended by striking 
amended. ^^^ ^^ j-^^^ 2 thereof the words "and (c)" and inserting in 

place thereof the words: — , (c) and (d), — so as to read as 
follows : — 



Acts, 1947. — Chap. 266. 247 

3. In securities of the same classes as those described in Same subject, 
paragraph one and clauses (b), (c) and (d) of paragraph two, 

and subject to the limitations therein expressed, issued by 
the Dominion of Canada or any province thereof, or by any 
municipality or poHtical subdivision thereof. 

Section 3. Said section 63 is hereby further amended EJ^Iyl'"^ gg 
by striking out paragraph 4, as so appearing, and inserting further 
in place thereof the following paragraph : — amended. 

4. In the bonds, notes or other evidences of indebtedness same subject. 
of any railroad corporation incorporated or located wholly 

or in part in the commonwealth, or in the mortgage bonds of 
any railroad corporation located wholly or in part in any 
state of the United States, whose capital stock equals at 
least one third of its funded indebtedness, which has paid 
regularly for the five years next preceding the date of such 
investment all interest charges on said funded indebtedness, 
and which has paid regularly for such period dividends of at 
least four per cent per annum upon all its issues of capital 
stock, or whose net earnings available for fixed charges 
during each of any three, including the last two, of the 
five fiscal years next preceding the date of investment, have 
been for such years not less than one and one half times the 
total of its present fixed charges, or in the mortgage bonds 
of any corporation which have been, both as to principal 
and interest, assumed or guaranteed by any such railroad 
corporation. "Net earnings available for fixed charges", as 
used in this paragraph, shall mean net income after deducting 
operating and maintenance expenses, taxes other than 
federal, state, dominion and provincial income taxes, de- 
preciation and depletion, but excluding extraordinary non- 
recurring items of income or expense appearing in the regular 
financial statements of the issuing corporation. "Fixed 
charges", as used in this paragraph, shall include interest 
on debt, annual apportionment of debt discount or premium 
and rentals for leased properties. 

Section 4. Said section 63 is hereby further amended g l. (Ter. 
by inserting after paragraph 5, as so appearing, the following further ^' * *^ ' 
paragraph : — amended. 

5A. In securities of the same classes as those described Same subject. 
in paragraphs four and five, and subject to the limitations 
therein expressed, issued by corporations located wholly or 
in part in any province of the Dominion of Canada. 

Section 5. Said section 63 is hereby further amended g. l. (Ter. 

1 X -1 • I 1 /. • 1 • J • Ed.), 175, § 63, 

by stnkmg out paragraph 6, as so appearmg, and msertmg further 
in place thereof the following paragraph : — amended. 

6. In equipment trust obligations or certificates which Same subject. 
are adequately secured or other adequately secured instru- 
ments evidencing an interest in railroad equipment to be 
used wholly or in part within the United States or the 
Dominion of Canada and a right to receive determined 
portions of rental, purchase or other fixed obligatory pay- 
ments for the use or purchase of such equipment; provided, 
that an initial cash payment of at least ten per cent has 



248 



Acts, 1947. — Chap. 266. 



G. L. (Ter. 
Ed.), 175, § 63, 
further 
amended. 



San 



subject. 



G. L. (Ter. 
Ed.), 175, § 63, 
further 
amended. 

Same subject. 



G. L. (Ter. 
Ed.), 175, § 63, 
further 
amended. 

Same subject. 



been paid on such equipment; and provided, further, that 
such obHgations, certificates or instruments mature not 
later than fifteen years from the date of issue. 

Section 6. Said section 63 is hereby further amended 
by striking out paragraph 9, as so appearing, and inserting 
in place thereof the following paragraph : — 

9. In the bonds, notes or other evidences of indebtedness 
of the American Telephone and Telegraph Company or its 
subsidiary or affiliated operating companies. 

Section 7. Said section 63 is hereby further amended 
by striking out paragraph 11, as so appearing, and inserting 
in place thereof the following paragraph : — 

11. In the first mortgage bonds of companies engaged 
directly and primarily in the production, distribution, trans- 
mission or sale of electricity or gas, or in the operation of 
telephone or telegraph systems or water works located 
wholly or in part in any state of the United States or in any 
province of the Dominion of Canada, the issue of which is 
subject to the jurisdiction of a federal, state, dominion, or 
provincial commission or other regulatoiy body, the net 
earnings available for fixed charges of the issuing company 
during each of any three, including the last two, of the five 
fiscal years next preceding the date of investment, having 
been for telephone and telegraph systems and electric light 
or power companies not less than twice the fixed charges, 
for gas companies not less than two and one half times the 
fixed charges and for water companies not less than one and 
one half times the fixed charges. "Net earnings available 
for fixed charges", as used in this paragraph, shall mean net 
income after deducting operating and maintenance expenses, 
taxes other than federal, state, dominion and provincial 
income taxes, depreciation and depletion, but excluding 
extraordinary non-recurring items of income or expense 
appearing in the regular financial statements of the issuing 
company. "Fixed charges", as used in this paragraph, shall 
include interest on all debt and annual apportionment of 
debt discount or premium. 

Section 8. Said section 63 is hereby further amended 
by inserting after paragraph 14, as so appearing, the follow- 
ing paragraph : — 

14A. In the bonds, notes or other evidences of indebted- 
ness of companies incorporated under the laws of the United 
States, or any state thereof, or of the Dominion of Canada 
or any province thereof the average net earnings of the issu- 
ing company during the seven fiscal years next preceding 
the date of investment having been not less than four times 
the fixed charges, provided, however, that no more than one 
half of the capital of any domestic company, other than life, 
and not more than one half of the reserve of any domestic 
stock or mutual life company may be invested under this 
paragraph. "Net earnings", as used in this paragraph, 
shall mean net income after deducting operating and main- 
tenance expenses, taxes other than federal, state, dominion 



Acts, 1947. — Chap. 267. 249 

and provincial income taxes, depreciation and depletion, 
but excluding extraordinary non-recurring items of income 
or expense appearing in the regular financial statements of 
the issuing company. "Fixed charges", as used in this 
paragraph, shall include interest on all debt and annual 
apportionment of debt discount or premium. 

Approved April 17, 1947. 

An Act relative to the making of changes in voting Chap. 2Q7 

PRECINCTS AND THE BOUNDARIES THEREOF AND TO FACILI- 
TATE VOTING IN TOWNS. 

Be it enacted, etc., as follows: 

Section 1. Section 7 of chapter 54 of the General Laws, g. l. (Ter. 
as amended by section 3 of chapter 411 of the acts of 1943, ^tc.!'amendld. 
is hereby further amended by striking out, in line 2, the 
words "Except in towns of twelve thousand inhabitants or 
over, a" and inserting in place thereof the word: — A, — 
so as to read as follows : — Section 7. A town may make any changes in 
change in its voting precincts which the selectmen recom- ci^cts^in'^^' 
mend in a statement giving the boundaries, the designa- towns. 
tions of the proposed precincts and the number of voters 
registered in each for the preceding state or town election, 
filed with the town clerk at least seven days before a town 
meeting; but no changes other than those so proposed by 
the selectmen shall be made at such meeting. Changes in 
voting precincts under this section shall take effect on the 
thirty-first day of December following such change. 

Section 2. Said chapter 54 is hereby further amended g. l. (Ter. 
by striking out section 9A, inserted by section 1 of chapter etc!, 'amended.' 
267 of the acts of 1937, and inserting in place thereof the 
following section : — Section 9 A . Notwithstanding any au- change of 
thorization or requirement in sections six to nine, inclusive, ^estfkted. 
or in any special law, any precinct wherein the legal voters 
have been enumerated at any special enumeration as re- 
quired by the constitution shall remain unchanged for the 
purpose of forming representative districts based on said 
enumeration until the formation thereof as aforesaid and, 
if such precinct is in a town the territory of which in such 
formation is included in two or more representative dis- 
tricts, shall remain unchanged for the purpose of electing 
representatives so long as such districts are required by the 
constitution to be used for such purpose and during the 
month of December in the year nineteen hundred and forty- 
four and in every tenth year thereafter, the precincts of any 
town may be revised by the selectmen thereof, in the man- 
ner provided by law for such town, for use in the next suc- 
ceeding special enumeration and formation of representative 
districts. 

Section 3. Said chapter 54 is hereby further amended Ed^M.^new 
by inserting after section 7 the following section: — Sec- §'7a', added. 
tion 7 A . Any precinct in a town where town meeting Division of 
members are elected may be divided for the sole purpose of Ss'^shliu 



250 Acts, 1947. — Chaps. 268, 269. 

be reposed facilitating voting therein. Every such division of a pre- 
ofstatl."^ cinct shall be designated by the addition of a letter to the 
number designating such precinct, or of a number to the 
letter designating such precinct, as for example, precincts 
lA, IB and so on, or precincts Al, A2 and so on. The 
number of town meeting members representing such pre- 
cinct immediately preceding such a division shall remain 
unchanged and such members shall be elected from the 
same territory until a general revision of precincts is made. 
Notice of every such division shall be given forthwith to the 
state secretary. Except as provided herein, all provisions 
of law relating to voting precincts and to polling places shall 
apply to such divisions. Within twenty days after such a 
division, the selectmen shall cause notice in writing to be 
given to each registered voter in any precinct so divided 
specifying the polling place to be used by such voter. A 
division of a precinct made hereunder shall take effect on 
the thirty-first day of December following the making 
thereof. Approved April 17, 1947. 



Chap. 2QS ^^ ^^^ CHANGING THE DATE FOR THE HOLDING OF BIEN- 
NIAL MUNICIPAL ELECTIONS IN THE CITY OF BROCKTON. 

Be it enacted, etc., as follows: 

Section 1. Beginning with the year nineteen hundred 
and forty-seven, biennial municipal elections in the city of 
Brockton shall be held on the first Tuesday after the first 
Monday in November in each odd-numbered year, not- 
withstanding any provision of chapter forty-three of the 
General Laws. 

Section 2. This act shall take full effect upon its ac- 
ceptance, prior to September first in the current year, by 
vote of the city council of said city, subject to the provi- 
sions of its charter, but not otherwise. 

Approved April 17, 1947. 



Chap.2Q9 An Act authorizing domestic life insurance companies 
to invest in certain land and buildings. 

Be it enacted, etc., as follows: 

Ed^iTs'^new Section 1. Chapter 175 of the General Laws is hereby 
§ 66B, ad'ded^ amended by inserting after section 66A the following sec- 
Domestic tion: — Section 66 B. Any domestic life company may pur- 
co^iJl^tn'ies chase, lease, acquire by gift or otherwise and hold without 
may invest anv limitation of time, any real property, or any interest 

in ^orfaiTi "^ r 1 TT • 1 c^ • 1 • 1 'j. * 

therem, in any state of the united States m which it is 
authorized to transact business, and may use such property 
for investment purposes as well as any other real property 
owned, held or leased by it; provided, that such property 
shall not include property the primary income from which 
is or is intended to be derived from agriculture, horticulture 
or animal husbandry. Such company may use existing 



in certain 
land and 
buildings 



Acts, 1947. — Chap. 270. 251 

structures, may erect or cause to be erected new structures, 
may use any combination of existing structures and new 
structures, and may maintain, repair, alter, demolish and re- 
construct such structures. Such company may manage, lease, 
mortgage, sell and convey the whole or any part of such 
property, and may collect or receive rents or income there- 
from. No real property shall be purchased, leased, ac- 
quired or improved under this section if the cost or value 
thereof, or the estimated cost of proposed improvements 
thereon, or both of them, as the case may be, would exceed 
one per cent of the assets of such company, nor if any such 
cost or value, plus the book value on the date of such pur- 
chase, lease or acquisition thereof, of all real property held 
under this section, would exceed three per cent of such assets, 
nor if any such cost or value, together with the book value on 
such date of all real property held by the company, would 
exceed twenty per cent of its assets. Such property shall 
be carried upon the books of the company at a value not in 
excess of its original cost or value, and the book value thereof 
shall be written down annually in an amount equal to not 
less than two per cent of such value. Such writing down shall 
continue until such value has been reduced to one dollar. 

Section 2. Section 64 of said chapter 175 is hereby g. l. (Ter. 
amended by striking out the third paragraph, as most re- ftc! amended^' 
cently amended by section 2 of chapter 207 of the acts of 
1943, and inserting in place thereof the following para- 
graph:— 

No domestic company hereafter acquiring title to real investments, 
estate under the conditions of any mortgage owned by it, or andToans^*" ^ 
by purchase or set-off on execution upon judgment for debts 
due it previously contracted in the course of its business, or 
by other process in settlement for debts, shall hold it for a 
longer period than five years without the written permission 
of the commissioner. Except as authorized by sections sixty- 
six A and sixty-six B of this chapter and sections seven A 
and eighteen of chapter one hundred and twenty-one A, no 
such company shall invest in real estate except to the extent 
that may be necessary for its convenient accommodation in 
the transaction of its business and then only to an amount 
not exceeding ten per centum of its invested assets, includ- 
ing cash in banks, as shown by its last annual statement to 
the commissioner. Approved April 17, 1947. 



Chap.270 



An Act increasing temporarily the tax imposed by the 
commonwealth on amounts wagered at certain horse 
and dog racing meetings conducted under the pari- 
mutuel or certificate system of wagering. 

Whereas, This act increases the tax on the amounts Emergency 
wagered at horse and dog racing meetings conducted under p'^eambie. 
the pari-mutuel or certificate system of wagering, including 
those taking place in the near future, and the deferred op- 
eration of this act would tend in part to defeat its purpose by 



252 



Acts, 1947. — Chaps. 271, 272. 



Increase in 
tax on pari- 
mutuel 
wagering. 



depriving the commonwealth of necessary revenue, therefore 
it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

In addition to any amount required to be withheld under 
the provisions of section five of chapter one hundred and 
twenty-eight A of the General Laws by a licensee conducting 
a horse or dog racing meeting, such licensee shall withhold 
an amount equal to one per cent of the total amount wagered 
on each day of such meeting conducted during the year nine- 
teen hundred and forty-seven and shall pay the same to the 
state racing commission on the day following. This act shall 
not apply to a horse or dog racing meeting conducted in con- 
nection with a state or county fair. 

Approved April 17, 1947. 



Chap. 271 An Act temporarily authorizing persons engaged in 

THE BUSINESS OF SELLING NEW MOTOR VEHICLES AND 
LICENSED THEREFOR TO CONDUCT THE BUSINESS OF BUYING 
AND SELLING SECOND-HAND MOTOR VEHICLES WITHOUT 
ANY ADDITIONAL LICENSE. 



Emergency 
preamble. 



New car 
dealers may 
deal in used 
cars without 
additional 
license. 



When act 
ceases to be 
operative. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to authorize forthwith persons 
licensed to sell new motor vehicles to buy and sell second- 
hand motor vehicles, without being licensed therefor, 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. Any person whose principal business is the 
sale of new motor vehicles and who holds an agent's or a 
seller's license therefor under section fifty-eight of chapter 
one hundred and forty of the General Laws, may, during 
the effective period of this act and without possessing any 
additional license under said section, buy, sell, exchange 
and otherwise deal in second-hand motor vehicles to the 
same extent as if he held a used car dealer's license under 
said section. Any authority granted under this act shall 
be subject to section sixty of said chapter and to the rules 
and regulations made thereunder. 

Section 2. This act shall cease to be operative on March 
thirty-first in the year nineteen hundred and forty-eight. 

Approved April 18, 1947. 



Chap. 272 An Act authorizing the town of east bridgewater to 

BORROW MONEY FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing and origi- 
nally equipping a school building, the town of East Bridge- 
water may borrow from time to time, within a period of 



Acts, 1947.— Chap. 273. 253 



five years from the effective date of this act, such sums of 
money 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, 
East Bridge water School Loan, Act of 1947. Each au- 
thorized 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 ex- 
cess of the statutory hmit, but shall, except as provided 
herein, be subject to chapter forty-four of the General 
Laws, exclusive of the hmitation contained in the first para- 
graph of section seven thereof. 

Section 2. This act shall take effect upon its passage. 
Approved April 18, 1947. 



An Act relative to certain liens upon merchandise (Jhav. 27S 
Be it enacted, etc., as follows: 

Section L Chapter 255 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 40, as amended by sec- ftc.!ameAded°' 
tion 1 of chapter 514 of the acts of 1946, and inserting in 
place thereof the following section : — Section 40. Wherever certain 
used in sections forty-one to forty-seven, inclusive, the term '^"""'^ defined, 
"merchandise" shall mean materials incidental to and used 
in connection with the borrower's business, goods in process 
and finished goods intended for sale, whether or not re- 
quiring further manufacturing or processing, but shall not 
include machinery, equipment or other trade fixtures of 
the borrower; the terms "factor" and "factors", wherever 
so used, shall mean persons, firms, banks and corporations 
and their successors in interest who advance money on the 
security of merchandise, whether or not they are employed 
to sell such merchandise; and the term "borrower", wher- 
ever so used, shall mean the owner of merchandise, or his 
agent, who creates a lien in favor of a factor. 

Section 2. Said chapter 255 is hereby further amended EdV^ss"^! 41 
by striking out section 41, as amended by section 2 of said etc!. 'amsAded.' 
chapter 514, and inserting in place thereof the following 
section: — Section 4I. If so provided by any written agree- Factor to have 
ment with the borrower, a factor shall have a continuing certTin^cases. 
lien upon such merchandise of the borrower as is from time 
to time after the execution of said written agreement desig- 
nated in one or more separate written statements dated 
and signed by the borrower and delivered to the factor, 
without such merchandise being taken into the constructive 
or actual possession or custody of the factor or of a third 
person for the account of the factor, and upon the accounts 
receivable or other identifiable proceeds resulting from the 
sale of such merchandise. Such lien shall secure the factor 
for all his loans and advances to or for the accotmt of the 
borrower, together with interest thereon, and also for the 
commissions, obligations, indebtedness, charges and ex- 



254 



Acts, 1947. — Chap. 273. 



Notice of lien 
to contain 
name of 
factor, etc. 



Name of 
borrower. 



Character of 
merchandise. 



G. L. (Ter. 
Ed.). 255, § 42, 
etc., amended. 



Notice of lien 
to be filed 
with state 
secretary and 
city or town 
clerk. 



penses properly chargeable against or due from said borrower 
and for the amounts due or owing upon any notes or other 
obligations given to or received by the factor for or upon 
account of any such loans or advances, interest, commis- 
sions, obligations, indebtedness, charges and expenses and 
shall be valid from the time of filing the notices hereinafter 
and in sections forty-two to forty-seven, inclusive, referred 
to, whether such merchandise shall be in existence at the 
time of the execution of the written agreement providing for 
the creation of the lien or at the time of filing such notices 
or shall come into existence subsequently thereto or shall 
subsequently thereto be acquired by the borrower; pro- 
vided, that notices of the lien are filed as provided in section 
forty-two stating : — 

(a) The name of the factor; the name under which the 
factor does business, if an assumed name; the principal 
place of business of the factor within the commonwealth, 
or, if he has no place of business within the commonwealth, 
his principal place of business outside the commonwealth; 
and, if the factor is a partnership or association, the name 
of the partners, and if a corporation, the state under whose 
laws it was organized. 

(6) The name of the borrower; the name under which 
the borrower does business, if an assumed name ; the princi- 
pal place of business of the borrower within the common- 
wealth, or, if he has no place of business within the common- 
wealth, the principal place or places at which the merchandise 
shall be located or stored. 

(c) The general character of merchandise subject to the 
lien, or which may become subject thereto, and the period of 
time during which such loans or advances may be made 
under the terms of the written agreement providing for 
such loans or advances and for such lien. Amendments of 
the notices may be filed from time to time in the same 
manner to record any changes in the information contained 
in the original, subsequent or amended notices. 

Section 3. Said chapter 255 is hereby further amended 
by striking out section 42, inserted by chapter 285 of the 
acts of 1945, and inserting in place thereof the following 
section: — Section 42. Such notices of lien shall be verified 
by the factor to the effect that the statements therein con- 
tained are true to the best of the factor's knowledge, and 
shall, within ten days from the date of the written agreement 
providing for the creation of said lien, be filed with the state 
secretary and, if the borrower has one or more places of 
business in the commonwealth, with the clerk of the city 
or town where the borrower maintains his principal place of 
business in the commonwealth, each of whom shall cause 
each notice of lien filed to be marked with a consecutive file 
number and with the date and hour of filing, to be kept in a 
separate file, and to be noted and indexed in a suitable index, 
arranged according to the name of the borrower and con- 
taining a notation of the factor's chief place of business as 



Acts, 1947. — Chap. 273. 255 

given in the notice of lien. The fee for fihng any such notice Filing fee. 
shall be one dollar. 

Section 4. Said chapter 255 is hereby further amended EdV'25r§43 
by striking out section 43, as so inserted, and inserting in etc!, 'amended. ' 
place thereof the following section : — Section 4-3. Upon Lien effective 
such filing the lien of the factor shall be effectual upon and ^p°" fi""^- 
attach to the property from time to time designated in 
the written statements provided for in section forty-one 
and to any accounts receivable or other identifiable proceeds 
resulting from the sale of such merchandise, as against all 
claims of unsecured creditors of the borrower and as against 
subsequent liens of creditors, except that specific liens arising 
out of contractual acts of the borrower with reference to the 
processing, warehousing, shipping or otherwise dealing with 
the merchandise in the usual course of the borrower's busi- 
ness, preparatory to their sale, shall attach against the lien 
of the factor in said merchandise, whether or not filing has 
occurred under sections forty to forty-seven, inclusive; but 
this section shall not obligate the factor personally for any 
debt secured by such lien, nor shall it be construed to include 
the lien of a landlord. When merchandise subject to the 
lien provided for by sections forty to forty-seven, inclusive, 
is sold in the ordinary course of the business of the borrower, 
the purchaser shall take the said merchandise free and clear 
of the lien, whether or not he has knowledge of the existence 
thereof. 

Section 5. Said chapter 255 is hereby further amended e^^'-^J|''« 44 
by striking out section 44, as so inserted, and inserting in etc., ameAded. ' 
place thereof the following section: — Section 44. Upon Certificate of 
the payment or satisfaction of the indebtedness secured by {•'e^n.^'^'"^*' °^ 
any lien specified in sections forty to forty-seven, inclusive, 
the factor or his legal representative, upon the request of 
any person interested in the said merchandise shall sign 
and acknowledge a certificate setting forth such payment 
or satisfaction. The state secretary and the city or town 
clerk shall severally, on receipt of such certificate, or a copy 
thereof, certified as required by law, file the same in the file 
in which the original notice of lien was entered. The fee 
for filing such certificate of discharge shall be one dollar. 
All notices of lien shall be deemed to be and remain in full 
force and effect under said sections without further or other 
filing until the certificate or certificates of discharge, or 
certified copies thereof, shall have been filed as hereinbefore 
provided. 

Section 6. Section 45 of said chapter 255, as so inserted, ^j J" ^l""-^ 45 
is hereby amended by striking out, in line 8, the words etc., ameAded.' 
"and posting", — so as to read as follows: — Section 45. Provisions of 
Sections forty to forty-seven, inclusive, shall not apply to ind1?siV°e,^^' 
transactions of bailment, pledge or consignment, in which ''"''tfd. 
the merchandise is in the actual or constructive possession or 
custody of the factor, or in the actual or constructive posses- 
sion or custody of a third person for the account of the factor, 
and in such transactions and in any transaction under which 



256 Acts, 1947. — Chaps. 274, 275, 276. 

the factor shall not comply with the filing requirements of 
sections forty to forty-seven, inclusive, the factor shall 
have such security interest or lien rights in the merchandise 
as shall accrue to the factor under the statutory and common 
law as it otherwise exists. Approved April 18, 1947. 

Chap. 274: An Act to enable the Middlesex county commissioners 

TO ACQUIRE ADDITIONAL LAND IN THE CITY OF MALDEN 
AND CONSTRUCT A PARKING SPACE THEREON FOR THE 
FIRST DISTRICT COURT OF EASTERN MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Middlesex 
county are hereby authorized to acquire by purchase, or 
otherwise, certain land in the city of Maiden and to construct 
a parking space thereon for the first district court of Eastern 
Middlesex, — said land being on the westerly side of Sum- 
mer street in the said city of Maiden, nearly opposite the 
intersection of said Summer street with Mountain avenue; 
and, for said purposes, may raise and expend a sum not 
exceeding fourteen thousand dollars, which sum shall be 
included as a part of the county tax for said county of 
Middlesex for the current year. 

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

Approved April 18, 1947. 

Chap. 27 5 An Act prohibiting the use of airplanes for hunting. 

Be it enacted, etc., as follows: 

EdViJr§ 78 Section 78 of chapter 131 of the General Laws, as appear- 

etc!. 'amended.' ing in scction 2 of chapter 599 of the acts of 1941, is hereby 

amended by inserting after the word "vehicle" in line 4 

the words: — or airplane, — so that the first sentence will 

HuntinKby read as follows: — Whoever constructs, erects, sets, uses, 

p/Jhfbited. locates, repairs, tends or maintains an}'' snare for the purpose 

of catching or killing any mammal, or hunts a mammal by 

such means or by the aid or use of any motor vehicle or 

airplane, or hunts a mammal by the aid or use of artificial 

light except as authorized herein, shall be punished by a 

fine of not less than fifty nor more than two hundred dollars. 

Approved April 18, 1947. 

Chav.27Q ^^ ^^'^ regulating the separation from the service 
of certain cities and towns of certain war veterans 
holding unclassified offices or positions. 

Be it enacted, etc., as follows: 

Edo.'4i!*new Chapter 41 of the General Laws is hereby amended by 
5^u2a,' inserting after section 112 the following section: — Sec- 

tion 112A. A veteran, as defined in section twenty-one of 



added 
Separation of 



from chapter thirty-one, who holds in the service of a city which 



Acts, 1947. — Chap. 277. 267 

accepts this section by vote of its city council, subject to the undwrified 
provisions of its charter, or of a town which accepts the posHionain 
same by vote of its inhabitants at a town meeting, an office andtowM^^^ 
or position not classified under said chapter thirty-one, 
other than an elective office, an appointive office for a fixed 
term or the offices of city soficitor, assistant city solicitor, 
secretary to the mayor, clerk of the board of selectmen, 
town counsel, assistant town counsel, legislative counsel, 
registrars of voters or other officers performing similar 
duties, or public school teachers, and has held such office or 
position for not less than five years, shall not be involuntarily 
separated from such office or position 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 in the case of any such unclassified office 
or position 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 
exist unless all such offices or positions are held by such 
veterans, in which case such separation shall occur in the 
inverse order of their respective original appointments. 

Approved April 18, 1947. 



An Act authorizing the county commissioners of essex Chap. 277 

COUNTY TO ERECT AND EQUIP CERTAIN BUILDINGS AT THE 
ESSEX COUNTY TUBERCULOSIS HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. In addition to the amount authorized under 
chapter two hundred and twenty-seven of the acts of nine- 
teen hundred and forty-six, the county commissioners of 
Essex county are hereby authorized to raise and expend a 
sum not exceeding three 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 ward facilities and 
equipment; suitable living accommodations for doctors; 
new bakery and equipment; dormitories in the infirmary, 
with additional lavatory facilities; bridge to connect new 
nurses' home with hospital; sanitary improvements; to- 
gether with all necessary equipment therefor; additions and 
improvements to the power plant; and such other additions 
or improvements as may be deemed necessary; provided, 
that the amount to be used for additions and improvements 
to the power plant under this act and under said chapter two 
hundred and twenty-seven shall not exceed one hundred 
and fifty thousand dollars. 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, 
with the consent of the governor, shall take any and all steps 



258 Acts, 1947. — Chap. 278. 

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, 
additions, improvements and equipment hereinbefore au- 
thorized, 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, three hundred and twenty-five thousand 
dollars, as may be necessary, and may issue bonds or notes 
therefor, which shall bear on their face the words, Essex 
County Tuberculosis Hospital Loan, Act of 1947. 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 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. Any sums received from 
the federal government for the purposes of this act may be 
applied toward payment either of the expenditures au- 
thorized by section one of this act or of the principal of the 
bonds or notes hereby authorized. 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 and together with 
other assessments made under section eighty-five of chapter 
one hundred and eleven of the General Laws. 

Section 4. This act shall take full effect upon its ac- 
ceptance, prior to December thirty-first in the current 
year, by the county commissioners of the county of Essex, 
but not otherwise. Approved April 18, 1947. 

Chap. 27S An Act relative to partial payments of unpaid real 

ESTATE TAXES. 

Be it enacted, etc., as follows : 

EdV, 60,1 22, Section 22 of chapter 60 of the General Laws, as amended 
etc., 'amended', by scctiou 52 of chaptcr 254 of the acts of 19.33, is hereby 
further amended by striking out the first sentence and in- 
Partiaipay- scrting in place thereof the following sentence: — After 
estatVtax'^'' the Commitment of a tax, including assessments for better- 
ments or other purposes but not including a poll tax, to a 
collector for collection, the owner of the estate or person 
assessed or a person in behalf of said owner or person may, 
if the tax is a tax upon real estate, at any time and from 
time to time up to the date when an advertisement is pre- 
pared for the sale or taking of the real estate for the non- 
payment of such tax or up to the date when the tax is certified 
under section sixty-one, and if the tax is a personal property 
tax, at any time and from time to time up to the date when 



Acts, 1947. — Chaps. 279, 280. 259 

a warrant or other process is issued for the enforcement 
and collection thereof, tender to the collector a partial 
paj-ment of the tax not less than ten per cent of the total 
tax but in no event less in amount than ten dollars, which 
shall be received, receipted for and applied toward the 
payment of the tax. Approved April 18, 194-7. 



Ax Act authorizing the towx of westox to reinstate Qhav 279 

JOHN J. CASSIDY, A FORMER MEMBER OF THE POLICE DEPART- 
MENT OF SAID TOWX, FOR THE SOLE PURPOSE OF BEING 
RETIRED, AND AUTHORIZIXG THE RETIREMEXT BOARD OF 
THE MIDDLESEX COUXTY RETIREMEXT SYSTEM TO RETIRE 
SAID CASSIDY FOR ACCIDENTAL DISABILITY. 

Be it enacted, etc., as follows. • 

For the purpose of promoting the public good and in 
consideration of the meritorious service heretofore performed 
for the town of Weston by John J. Cassidy, a former mem- 
ber of the police department of said town, who was injured 
in the performance of his duties on a date prior to the adop- 
tion by said town of a retirement system for its employees, 
said town is hereby authorized to reinstate said Cassidy, 
for the sole purpose of being retired; and. upon such rein- 
statement, said Cassidj' shall be reinstated to membership 
in the Middlesex county retirement system and the retire- 
ment board of said system is hereby authorized to retire 
said Cassidy, as of ilarch thirty-first, nineteen hundred 
and forty-five, for accidental disabilit^^ under the provisions 
of law applicable on said date. Approved April 18, 1947. 

An Act to establish the sandwich water district in Chap. 2S0 

THE TOWN OF SANDWICH. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Sandwich 
liable to taxation in said town and residing within the terri- 
tory comprised within the following boundary lines, to wit: 
— Beginning at the intersection of the boundary line be- 
tween the towTi of Sandwich and the town of Bourne with 
the mean high w^ater line on the south side of the Cape Cod 
canal and running easterly by the mean high water line of 
the Cape Cod canal to Cape Cod bay; thence southeasterly 
by the mean high water line of Cape Cod bay to the center 
line of the northerly jetty of the entrance to Sandwich har- 
bor; thence southwesterly by a straight line to the intersec- 
tion of the southeasterly side line of ]Mount Hope cemetery 
with the side line of the state highway knowTi as route 6; 
thence turning and running southwesterly by a straight line 
to the intersection of the westerly side line of Water street 
with the southerly side line of Knot Hollow road; thence 
turning and running southwesterly in an irregular line by 
the boundary line of the Shawme state forest located close 
to Knot Hollow road a distance of about fifty-five hun- 



260 Acts, 1947. — Chap. 280. 

dredths of a mile to a stone bound; thence turning and run- 
ning by several lines in a northwesterly direction by the 
boundary line of the Shawme state forest to a point lying in 
the town line between the town of Sandwich and the town 
of Bourne; thence by the town line between the town of 
Sandwich and the town of Bourne to mean high water at the 
south side of the Cape Cod canal at the point of beginning, 
— shall constitute a water district and are hereby made a 
body corporate by the name of the Sandwich water dis- 
trict, hereinafter called the district, for the purpose of sup- 
plying themselves with water for the extinguishment of fires 
and for domestic and other purposes, with power to estab- 
lish 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 pay- 
ment of such services, and for defraying the necessary ex- 
penses 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, acting 
by and through its board of water commissioners hereinafter 
provided for, may contract with any municipality, acting 
through its water department, or with any water company, 
or with any water district, for whatever water may be 
required, authority to furnish the same being hereby 
granted, and may take by eminent domain under chapter 
seventy-nine or chapter eighty A of the General Laws, or 
acquire by lease, purchase or otherwise, and hold, the waters, 
or any portion thereof, of any pond, spring or stream, or of 
any ground sources of supply by means of driven, artesian 
or other wells, within the town of Sandwich 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 ac- 
quire by purchase or otherwise, and hold, all lands, rights 
of way and other easements necessary for collecting, storing, 
holding, purifying and preserving the purity of the water 
and for conveying the same to any part of said district; pro- 
vided, that no source of water supply or lands necessary for 
preserving the quality of the water shall be so taken or used 
without first obtaining the advice and approval of the 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 



Acts, 1947. — Chap. 280. 261 

of filter beds and purification works or systems, and may 
make excavations, procure and operate machinery and pro- 
vide such other means and apphances, and do such other 
things as may be necessary for the estabHshment 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 pubhc or other ways, and along such ways, in said town, 
in such manner as not unnecessarily to obstruct the same; 
and for the purposes of constructing, 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 pubhc 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 Sandwich. 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 ex- 
penses and Habilities incurred under this act, other than ex- 
penses of maintenance and operation, the district may borrow 
from time to time such sums as may be necessary, not ex- 
ceeding, in the aggregate, one hundred and fifty thousand 
dollars, and may issue bonds or notes therefor, which shall 
bear on their face the words. Sandwich Water District Loan, 
Act of 1947. Each authorized issue shall constitute a sepa- 
rate 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 



262 Acts, 1947. — Chap. 280. 

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 dis- 
trict, and to make such payments on the principal as may be 
required under this act, shall without further vote be assessed 
upon the district by the assessors of said town of Sandwich 
annually thereafter until the debt incurred by said loan or 
loans is extinguished. 

Section 6. Any land taken or acquired under this act 
shall be managed, improved and controlled by the board of 
water commissioners hereinafter provided for, in such man- 
ner as they shall deem for the best interest of the district. 
All authority vested in said board by this section shall be 
subject to section nine. 

Section 7. Whenever a tax is duly voted by the district 
for the purposes of this act, the clerk shall send a certified 
copy of the vote to the assessors of said town, who shall 
assess the same on property within the district in the same 
manner in all respects in which town taxes are required by 
law to be assessed; provided, that no estate shall be subject 
to any tax assessed on account of the system of water supply 
under this act if, in the judgment of the board of water 
commissioners hereinafter provided for, after a hearing, due 
notice whereof shall have been given, such estate is so situ- 
ated that it will receive no aid in the extinguishment of fire 
from the said system of water supply, or if such estate is so 
situated that the buildings thereon, or the buildings that 
might be constructed thereon, could not be supplied with 
water from said system in any ordinary or reasonable man- 
ner; but all other estates in the district shall be deemed to 
be benefited and shall be subject to such tax. A certified 
list of the estates exempt from taxation under 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 
collected on town taxes. 

Section 8. Any meeting of the voters of the territory 
included within the boundaries set forth in section one to be 
held prior to the acceptance of this act, and any meeting 
of the voters of the district to be held prior to the qualifica- 
tion of a majority of the water commissioners, shall be called, 
on petition of ten or more legal voters therein, by a warrant 
from the selectmen of said town, or from a justice of the peace, 
directed to one of the petitioners, requiring him to give 
notice of the meeting by posting copies of the warrant in 
two or more public places in the district seven days at least 



Acts, 1947. — Chap. 280. 263 

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 anj'- 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 quali- 
fication 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 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 
expiration 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, niles and regulations as the district may by 
vote impose. At the meeting at which said water commis- 
sioners are first elected and at each annual district meeting 
held thereafter, the district shall elect by ballot, each for a 
term of one year, a clerk and a treasurer of the district. 
The treasurer shall not be a water commissioner, and shall 
give bond to the district in such an amount as may be ap- 
proved by said water commissioners and with a surety com- 
pany authorized to transact business in the commonwealth 
as surety. A majority of said water commissioners shall 
constitute a quorum for the transaction of business. Any 
vacancy occurring in said board from any cause may be 
filled for the remainder of the unexpired term by said dis- 
trict at any legal meeting called for the purpose. No money 
shall be drawn from the treasury of the district on account 
of its water works except upon a written order of said water 
commissioners or a majority of them. 

Section 10. Said board of water commissioners shall fix 
just and equitable prices and rates for the use of water, and 



264 Acts, 1947. — Chap. 280. 

shall prescribe the time and manner of payment. The in- 
come of the water works shall be appropriated to defray all 
operating expenses, interest charges and payments on the 
principal as they shall accrue upon any bonds or notes issued 
under authority of this act. If there should be a net surplus 
remaining after providing for the aforesaid charges, it may 
be appropriated for such new construction as said water 
commissioners may recommend, and in case a surplus should 
remain after payment for such new constmction the water 
rates shall be reduced proportionately. Said water commis- 
sioners shall annually, and as often as the district may re- 
quire, render a report upon the condition of the works under 
their charge, and an account of their doings, including an 
account of receipts and expenditures. 

Section 11. The district may adopt by-laws, prescribing 
by whom and how meetings of the district may be called, 
notified and conducted; and, upon the application of ten 
or more legal voters in the district, meetings may also be 
called by warrant as provided in section eight. The district 
may also establish rules and regulations for the management 
of its water works, not inconsistent with this act or with any 
other provision of law, and may choose such other officers 
not provided for in this act as it may deem necessary or 
proper. 

Section 12. Whoever wilfully or wantonly corrupts, pol- 
lutes or diverts any water obtained or supplied under this 
act, or wilfully or wantonly injures any reservoir, well, stand- 
pipe, aqueduct, pipe or other property owned or used by 
the district for any of the purposes of this act, shall forfeit 
and pay to the district three times the amount of damages 
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 hundred 
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 pub- 
lic water supply be included within the limits thereof, and 
signed by the owners of such real estate, or a major portion 
of such real estate, said water commissioners shall cause a 
duly warned meeting of the district to be called, at 
which meeting the voters may vote on the question of in- 
cluding 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. 



Acts, 1947. —Chap. 281. 265 

Section 14. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the district 
present and voting thereon by the use of a check list at a 
district meeting called in accordance with the provisions of 
section eight within three years after its passage, but not 
otherwise. Approved April 21, 1947. 



An Act authorizing the town of lunenburg to take Qhn^ 281 

OVER THE PROPERTIES AND ASSUME THE OBLIGATIONS OF ^' 

THE LUNENBURG WATER DISTRICT OF LUNENBURG. 

Be it enacted, etc., as follows: 

Section 1. The town of Lunenburg is hereby authorized 
to take over all the properties, rights, powers and privileges 
of the Lunenburg water district of Lunenburg, established 
by chapter seventeen of the acts of nineteen hundred and 
thirty-nine, and to assume all the duties and obligations of 
said district, and shall thereby become in all respects the 
lawful successor to said district. 

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

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

Section 4. This act shall take full effect on the thirtieth 
day following its acceptance, within two years after its pas- 
sage, by a majority of the voters of the Lunenburg water 
district of Lunenburg present and voting thereon at a meet- 
ing called for the purpose, and by a majority of the voters of 
the town of Lunenburg present and voting at any town meet- 
ing held within said two years, but not otherwise. 

Approved April 21, 19^7, 



266 Acts, 1947. — Chaps. 282, 283, 284. 

Chap. 2S2 An Act temporarily authorizing cities and towns to 

MAKE APPROPRIATIONS FOR THE SUPPRESSION AND ERAD- 
ICATION OF POISON IVY. 

Be it enacted, etc., as follows: 

Section 1, Any city or town may appropriate money to 
acquire information regarding the growth of poison ivy 
within its Hmits and to do such things as are considered 
necessary to suppress, eradicate and destroy poison ivy. 
Appropriations voted for this purpose shall be expended un- 
der the direction of such department as may be designated 
by the town meeting in a town or the city council in a city. 

Section 2. Duly authorized officials of any city or town 
in which an appropriation is voted under authority of this 
act, their agents, representatives and employees, may enter 
upon land within the limits thereof to carry out the pur- 
poses for which such appropriation is voted. 

Section 3. This act shall become inoperative on Janu- 
ary first, nineteen hundred and fifty-one. 

Approved April 22, 1947. 



Chap.2SS An Act to make uniform certain fees to be collected 

BY CITY AND TOWN CLERKS FOR TRANSMITTING TO THE 
STATE SECRETARY COPIES OF RECORDS OF MARRIAGES, 
BIRTHS AND DEATHS. 

Be it enacted, etc., as follows: 

Edt'46.^§ 26, Section 26 of chapter 46 of the General Laws, as amended, 
etc.. amended', is hereby further amended by striking out the first sentence, 
as appearing in the Tercentenary Edition, and inserting in 
F«^- place thereof the following sentence : — The town clerk shall 

receive the following fees from the town upon presenting 
to the town treasurer a certificate of the receipt of the pre- 
scribed copies by the state secretary: For each birth, mar- 
riage or death, one dollar. Approved April 22, 1947. 



Chap. 2S4: An Act repealing the provisions of law which author- 
ize THE TOWN OF NEWBURY TO SUPPLY ITSELF AND ITS 
INHABITANTS WITH WATER. 

Be it enacted, etc., as follows: 

Section 1. Chapter 636 of the acts of 1941 is hereby 
repealed. 

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

Approved April 25, 1947. 



Acts, 1947. — Chap. 285. 267 



An Act authorizing the city of pittsfield to take n^n^ 285 

WATERS AND OTHER PROPERTY FOR THE PURPOSE OF ^' 

INCREASING ITS WATER SUPPLY. 

Be it enacted, etc., as follows: 

Section 1. The city of Pittsfield, for the purpose of 
increasing its w^ater supply, is hereby authorized to take by 
eminent domain under and in accordance with chapter 
seventy-nine of the General Laws, except as hereinafter 
provided, or to acquire by purchase or otherwise, or to 
divert at any time or from time to time, and hold, the waters 
of Cleveland brook, so called, and its tributaries lying within 
the towns of Hinsdale and Dalton, and to divert at any 
time or from time to time, and hold, the waters or such 
parts thereof of the Cady brook and the East branch of the 
Housatonic river as hereinafter authorized; and to take 
by eminent domain under and in accordance with said 
chapter seventy-nine, except as hereinafter provided, or to 
acquire by purchase or otherwise, any or all water rights 
connected therewith located within the towns of Hinsdale, 
Peru, Windsor and Dalton; and to convey the w^aters so 
taken, diverted or held to the city of Pittsfield, and use 
such waters in connection with and through the medium 
of its present system of water works or otherwise, for any 
and all purposes for which said city is or may be authorized 
to use water. Said city is also authorized to take by eminent 
domain under said chapter seventy-nine, except as herein- 
after provided, or acquire by purchase or otherwise, and hold, 
all land, rights of way and easements in the towns of Dalton, 
Hinsdale, Windsor, Peru or Cheshire or in the city of Pitts- 
field which may be necessary for collecting and storing such 
water and protecting and preserving the purity thereof 
and for conveying the same to any part of the city of Pitts- 
field or to the Dalton Fire District; provided, that no 
source of water supply or lands shall be taken or acquired 
under authority of this act except with the approval of the 
state department of public health, and that all works for 
taking, storing, conveying or diverting said water shall be 
constructed in general accordance with plans approved by 
said department. 

Section 2. The city of Pittsfield shall construct and 
maintain a suitable reservoir on Cleveland brook in the 
town of Hinsdale to impound at least six hundred million 
gallons, and may construct and maintain on lands taken or 
purchased such diversion dams, conduits or pipe lines and 
other works or stmctures as said city may deem necessary 
for the diversion, holding or storing the waters of Cady 
brook, Cleveland brook, and the East branch of the Housa- 
tonic river, or necessary for the establishment and main- 
tenance of complete and effective water works and for 
storing water and conveying, filtering or otherwise treating 
or distributing the same; and, for the purposes aforesaid, 



268 Acts, 1947. — Chap. 285. 

may lay, construct and maintain its conduits, water pipes, 
aqueducts and other works or structures under, over or 
along any land, water courses, railroads, street railways, 
public or other ways 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 city of Pittsfield may dig up or raise and em- 
bank any such lands, highways or other ways in such manner 
as to cause the least hindrance to public travel thereon; 
provided, that any pubUc way outside the city of Pittsfield 
in which work is done under any provision of this act shall 
be restored by said city of Pittsfield to a condition sub- 
stantially similar to its condition prior to such work. Said 
city of Pittsfield shall not enter upon, construct or lay any 
conduits, pipes or other works within the locations of any 
railroad corporation, except at such time and in such manner 
as it may agree upon with such corporation, or, in case of 
failure so to agree, as may be approved by the department 
of public utilities. 

Section 3. (a) The right of the city of Pittsfield to 
divert the waters of the East branch of the Housatonic 
river and the waters of the Cady brook at locations above 
that at which they now flow into the Windsor reservoir of 
the Dalton Fire District shall be subject to the right of said 
district to require that reasonable care be exercised by the 
city of Pittsfield to avoid all such diversion durmg periods 
of time when the elevation of the water in the Windsor 
reservoir is lower than its spillway by reason of the reser- 
voir's normal use to supply said district for any and all 
purposes for which said district is now authorized to use 
water. 

(b) The Dalton Fire District shall maintain its dam and 
outlet works of its Windsor reservoir in such a condition 
as to prevent any unreasonable leakage and shall provide 
and maintain such equipment as is necessary to record the 
amount of water drawn from the Windsor reservoir daily. 

Section 4. Upon the taking or acquisition by the city 
of Pittsfield of any property or rights under this act, said 
city shall be under the duty to the Dalton Fire District and 
said district may require from said city: 

(a) That sufficient storage facilities shall be provided on 
the property acquired to permit the storage of water ade- 
quate to supply to the Dalton Fire District, in addition to 
the requirements of the city of Pittsfield, a maximum draught 
of not more than forty-six million gallons in any calendar 
month. This maximum draught of water by said district 
from the proposed Cleveland brook reservoir, heremafter 
referred to as "maximum draught to Dalton" is contingent 
on said district drawing not over fifty-one million gallons 
in any calendar month from its Windsor reservoir and the 
maximum draught to Dalton above referred to shall be 
decreased by the amount said district draws from Windsor 



Acts, 1947. — Chap. 285. 269 

reservoir in excess of fifty-one million gallons in any calendar 
month, hereinafter referred to as "maximum draught by 
Dalton from Windsor reservoir"; 

(6) That the city of Pittsfield shall install and maintain 
a pipe line or pipe lines of sufficient capacity and in such 
location or locations as to provide for the conveyance to 
the Dalton Fire District from water stored in the Cleveland 
brook reservoir of Pittsfield, the maximum requirement 
stated in paragraph (a) of this section in addition to the 
requirement of the city of Pittsfield and to provide for the 
delivery therefrom to the pipe lines of said district at or 
near the corner of Main and North streets in Dalton or at 
such other point or points as may be mutually agreed upon 
at a pressure of not less than seventy-nine pounds per square 
inch at street level ; 

(c) That sufficient land, rights in land, and other property 
shall be acquired by the city of Pittsfield to make possible 
the accomplishment of the purposes set forth in paragraphs 
(a) and (b) of this section; 

(d) The requirements of paragraphs (a), (6) and (c) of 
this section shall be effected as soon as reasonably possible 
without expense to the Dalton Fire District. Subject to 
the rights in the city of Pittsfield to divert waters and to 
construct and maintain the necessary diversion dams, con- 
duits and equipment as stated in this act, said district shall 
retain title to Windsor reservoir, all waters flowing into and 
from the same, the watershed thereof and appurtenant 
thereto and any and all water rights connected therewith, 
and the provisions of section one of this act shall not au- 
thorize the taking of the aforesaid by the city of Pittsfield 
by eminent domain except as shall be required for the con- 
struction and maintenance of the necessary diversion dams, 
conduits and equipment; 

(e) The location of the diversion dams on the East branch 
of the Housatonic river and the Cady brook and the posi- 
tion of the diversion conduits in relation to the bed of the 
above streams shall be subject to the approval of the Dalton 
Fire District but said district shall not require the city of 
Pittsfield to incur undue expense to fully accomplish the 
purpose for which such dams and conduits are intended; and 

(f) The state department of public health may from time 
to time order the release of water from storage from the 
reservoir systems maintained by the city of Pittsfield or the 
Dalton Fire District, and in such amounts as in the opinion 
of the department will best aid the maintenance of sanitary 
conditions in the Housatonic river with due regard to re- 
quirements of public water supply. When such release of 
water is necessary, the department shall determine the 
relative responsibility of the city of Pittsfield and the town 
of Dalton for such release of water, the department having 
taken into consideration all conditions of the rights and 
responsibilities of these municipalities as to diversion of 
water from the river and responsibilities of these munici- 



270 Acts, 1947. — Chap. 285. 

palities as to pollution of the river at the time of such 
determination. 

Section 5. At any time after the completion of the 
construction specified in paragraphs (a), (h), and (c) of 
section four, should the Dalton Fire District require more 
than the maximum draught allotted to it from the Cleveland 
brook reservoir, as stated in paragraph (a) of section four, 
the city of Pittsfield shall sell to the Dalton Fire District 
water taken by said city in excess of said maximum draught 
to Dalton under the following terms and conditions : — 

(a) If no additional construction is required to meet the 
combined needs of the city of Pittsfield and the Dalton Fire 
District, the rate per million gallons used by said district in 
excess of said maximum draught to Dalton shall be deter- 
mined by computing the total annual cost to the city of 
Pittsfield of the land acquired or taken, reservoir, dams, 
conduits and pipe line to delivery points in the town of 
Dalton specified in paragraph (6) of section four, said annual 
cost to consist of an amount for amortization of investment 
equal to two per cent of any capital investment for a period 
of fifty years after making such investment plus an amount 
for interest on the unamortized balance of this investment 
at the current rate paid on bonded indebtedness by the city 
of Pittsfield, the charges for maintenance, operation and 
supervision, and payments to towns in lieu of taxes; and 
by dividing such annual cost by the number of million 
gallons drawn from the reservoir annually by both the city 
of Pittsfield and the Dalton Fire District over said maximum 
draught to Dalton. 

(6) If additional construction is required to meet the 
needs of the Dalton Fire District from the Cleveland brook 
reservoir in excess of said maximum draught to Dalton 
allowed under paragraph (a) of section four, and the existing 
capacity of this reservoir is sufficient to supply the dependa- 
ble daily yield required by said city of Pittsfield plus said 
maximum draught to Dalton allowed under paragraph (a) 
of section four, the city of Pittsfield upon demand by the 
Dalton Fire District in writing, shall raise the height of the 
dam to increase the capacity of its reservoir, and acquire 
such additional property as may be necessary for the reser- 
voir and the protection of its waters from pollution, for 
which said district thereafter will pay, and is hereby au- 
thorized and required to pay, to the city of Pittsfield in 
addition to the amount required to be paid under para- 
graph (a) of this section, such additional total annual amount 
so that the annual cost of water per million gallons to the 
city of Pittsfield will not be increased by reason of the cost 
of increasing the capacity of the reservoir and the cost of 
necessary changes in diversion dams, conduits and pipe 
lines and the acquisition of additional property necessary 
to meet the requirements of said district in excess of the said 
maximum draught to Dalton allowed under paragraph (a) 
of section four. Said district shall not be entitled to re- 



Acts, 1947. — Chap. 285. 271 

quire, however, more in total from the Cleveland brook 
reservoir than one half of the maximum practical develop- 
ment of dependable yield as determined by the amount of 
water available from this reservoir from the permissible 
diversion from the East branch of the Housatonic river 
and the Cady brook. 

(c) Should conditions prevail that appear to make the 
rate per million gallons, as determined in paragraphs (a) 
and (6) of this section, unjustly burdensome on either the 
Dalton Fire District or the city of Pittsfield and the parties 
in interest cannot agree on a modification of the terms stated 
in said paragraphs (a) and (6), the rate per million gallons 
used by said district shall be determined by three com- 
missioners who shall be appointed by the supreme judicial 
court upon application of either party in interest. Said 
commissioners, after due notice and a hearing, shall report 
to the Dalton Fire District and the city of Pittsfield their 
preliminary determination of said rate, and shall, within 
the next thirty days thereafter, hear any appeals therefrom. 
They shall then, in such manner as they shall deem just 
and equitable, determine said rate and report the results 
of their determination to said court as soon thereafter as 
may be. When said report shall have been accepted by the 
court, it shall be conclusive and binding upon all parties. 
The court shall fix and determine the compensation of its 
commissioners and shall allow such expenses incurred by 
them in carrying out the provisions of this section as it shall 
approve, one half of the same to be borne by the city of 
Pittsfield and one half by the Dalton Fire District. 

(d) There shall appear on the books of the city of Pittsfield 
a ledger account to which all capital expenditures made in 
taking or acquiring land, construction of reservoir dams, 
conduit and pipe line to delivery points in the town of Dalton 
specified in paragraph (6) of section four shall be charged. 
This account shall be credited by amounts received from 
the Dalton Fire District for amortization and also by a 
charge to operation of the water works of the city of Pitts- 
field so that the total annual credit will not be less than two 
per cent for a period of fifty years. 

Section 6. 1'he city of Pittsfield shall hereafter be ex- 
empted from making any payments of taxes, payments in 
lieu of taxes, or other payments under sections six, seven 
and seven A of chapter fifty-nine of the General Laws, as 
amended, to the town of Dalton for any land, pipes, pipe 
lines, conduits, reservoirs, buildings, installations or other 
property owned or held by said city of Pittsfield, for the ac- 
complishment of the purposes of this act and located in said 
town of Dalton. 

Section 7. The taking of land or other property under 
this act may be permanent or temporary and shall be in 
accordance with said chapter seventy-nine except as pro- 
vided in section eight of this act and except that 

(a) Said city need make no award of damages for injuries 



272 Acts, 1947. — Chap. 285. 

sustained by persons or corporations on account of any 
taking of water or water rights; 

(6) The notice required by section eight of said chapter 
seventy-nine need not be given in case of a taking of water 
or water rights; 

(c) Petitions for the assessment of damages under section 
fourteen of said chapter seventy-nine may be filed within two 
years after the right to such damages has vested, without 
any extension of time by reason of failure to receive notice 
under section eight thereof or otherwise; 

(d) Said city shall, within thirty days after making any 
taking cause a copy of the order of taking to be printed in 
full in one or more daily or weekly newspapers published in 
the county in which the lands affected are situated, or, in 
the case of a taking of water or water rights, in the county 
in which the point of diversion is situated; 

(e) An owner of land or other property taken shall, upon 
request made within six months after the taking, be fur- 
nished within thirty days after such request with a plan or 
description of his land or other property taken; and 

(/) No taking shall be made by the city of Pittsfield under 
this act except as shall be voted from time to time by the 
city council of said city. 

Section 8. Any person, corporation or municipality sus- 
taining damage in his or its property by the taking of land, 
water, water rights, easements or other property, or by the 
entry upon or the use of any property, or by the making of 
any change of grade, layout, construction, alteration, dis- 
continuance of a way, or by anything done by the city of 
Pittsfield under authority of this act shall be entitled to re- 
cover the same from said city under said chapter seventy- 
nine; provided, that the right to any damages for the 
taking of any water or water right, or any injury thereto, 
shall not vest until water is actually withdrawn or diverted 
under such taking; and provided, further, that the city of 
Pittsfield shall not be liable to the town of Dalton or to the 
Dalton Fire District for damages for the diversion of water 
from Cady brook or the East branch of the Housatonic 
river, or for the taking or diversion of the waters of the said 
Cleveland brook, as hereinbefore authorized. Damages for 
temporary use of or injury to property may, on the request 
of the petitioner, be assessed for monthly periods, to be con- 
tinued so long as the property is used or injured. 

Section 9. The city of Pittsfield may enter upon any 
lands for the purpose of making surveys, stream gagings, 
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 10. If the city of Pittsfield shall under authority 
of this act construct any reservoir in such maimer as to flow 
any existing public way, it shall raise the way to such grade 
as will make it reasonably safe and convenient for travel or 



Acts, 1947. — Chap. 285. 273 

shall build in place of any part of said way so flowed another 
suitable way, with all necessary fences and culverts, which 
way shall thereafter be a public way, and shall be main- 
tained and kept in repair by the town in which the same is 
located. 

Section 11. Said city of Pittsfield, with the advice and 
approval of the state department of public health may sell at 
public or private sale, or may exchange, any real property, 
or any easements, whether taken by eminent domain or 
otherwise, no longer needed for works under its charge, or 
may from time to time lease any property not then so needed ; 
and may in its discretion, by lease, license or other agree- 
ment, permit the construction and maintenance on any land 
under its control of towers, poles, wires, and other structures 
for the purpose of transmitting electric power over lands 
and water of said city held for water supply purposes under 
authority of this act; provided, that, in the opinion of said 
department, such lease, license or agreement will not affect 
or interfere with the w^ater supply; and provided, further, 
that said city may revoke said lease, license or agreement 
for cause to be determined by it, with the approval of said 
department. 

Section 12. In contracts entered into by the city of 
Pittsfield for the construction of the works authorized by 
this act there may be inserted a provision that the city or any 
contractor or sub-contractor for the city may employ laborers, 
workmen and mechanics for more than eight hours in any 
one day or for more than forty-eight hours in any one week 
in such construction when, in the opinion of the commissioner 
of labor and industries, public necessity so requires. 

Section 13. The city of Pittsfield may in its discretion 
appoint and remove such engineering, legal, clerical and 
other assistants as it may deem necessary to carry on the 
work authorized by this act and may fix their compensation. 
Such appointments and removals shall not be subject to 
chapter thirty-one of the General Laws and the rules and 
regulations adopted thereunder. 

Section 14. Except as otherwise provided by this act, 
all or any part of the authority granted to the city of Pitts- 
field by this act shall be exercised by a special board of water 
commissioners consisting of not more than nine members to 
be appointed by the mayor subject to their approval by the 
city council. Each such member shall be appointed for the 
term of three years and he shall serve until his successor 
shall be duly qualified; except that in making the initial 
appointments, as nearly as may be, one third of the members 
shall be appointed for the term of one year, one third for the 
term of two years, and one third for the term of three years. 
Such members shall designate one of their number to act as 
chairman and one to act as secretary and the latter shall 
keep a record of the doings and proceedings of the said board. 
The members of the board shall receive no compensation 
for their services except the secretary thereof, who may be 



274 Acts, 1947. —Chap. 285. 

paid such compensation for his services as the board may 
vote, subject to the approval of the mayor and city council. 

Section 15. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water taken or held under authority 
of this act, or injures any structure, work or other property 
owned, held or used by the city of Pittsfield under authority 
of this act, shall forfeit and pay to said city three times the 
amount of the damages assessed therefor, to be recovered 
in an action of tort; and upon being convicted of any of the 
above wilful or wanton acts shall be punished by a fine of 
not more than three hundred dollars or by imprisonment 
for not more than one year. 

Section 16. After the completion of the construction of 
the reservoir, conduits and other work authorized by section 
two of this act, the city of Pittsfield, through its department, 
board, officer or commissioner responsible therefor under its 
charter, shall manage, control, maintain and improve the 
land and other property purchased or acquired in any way 
under authority of this act; and may prohibit all persons 
from entering in, upon or over the waters of any reservoir 
constructed under authority of this act or upon any lands 
taken or acquired by said city hereunder. 

Section 17. The supreme judicial court or any justice 
thereof, and the superior court or any justice thereof, on the 
petition of the state department of public health or of any 
city, town, corporation or persons interested shall have 
jurisdiction in equity or otherwise to enforce the provisions 
of this act and of any rule, regulation or order made under 
authority of this act and to prevent any violation of any of 
said provisions, rules, regulations or orders. 

Section 18. Said city of Pittsfield, for the purposes of 
paying the necessary expenses and liabilities incurred or to 
be incurred under authority of this act, may issue from time 
to time, withm a period of ten years from the passage of this 
act, bonds or notes to an amount not exceeding, in the aggre- 
gate, three million dollars, which shall bear on their face the 
words, City of Pittsfield Water Loan, Act of 1947. Each 
authorized issue shall constitute a separate loan, and shall 
be payable in not more than thirty years from its date. 
Indebtedness incurred under this act shall be included in the 
limit on water loans fixed by the last paragraph of section 
eight of chapter forty-four of the General Laws, and debt 
incurred hereunder, except as otherwise provided by this act, 
shall be subject to said chapter. 

Section 19. Said city of Pittsfield shall, at the time of 
authorizing said loan or loans, provide for the payment 
thereof in accordance with section eighteen, 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 in- 
terest as it accrues on the bonds or notes issued as aforesaid 
by the city and to make such payments on the principal as 
may be required under the provisions of said section eighteen, 



Acts, 1947. — Chaps. 286, 287. 275 

shall, without further vote, be assessed by the assessors of 
the city annually thereafter in the same manner as other 
taxes, until the debt incurred by said loan or loans is ex- 
tinguished. 

Section 20. Whenever the words "Dalton Fire District" 
or "district" are mentioned in this act, they shall mean the 
Dalton Fire District or any other district or the town of 
Dalton which may succeed to the rights, powers and duties 
of the Dalton Fire District. 

Section 21. This act shall take effect upon its passage. 

Approved April 25, 191^7. 



Chap.286 



An Act repealing certain provisions of law author- 
izing THE reference OF CERTAIN CASES UNDER THE 
workmen's COMPENSATION LAW TO INDUSTRIAL DIS- 
EASE REFEREES. 

Whereas, The provision of law repealed by this act has been Emergency 
determined to be unconstitutional and is of no legal effect P'"''a"it*'e- 
and should be repealed as soon as possible, therefore it is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 9B of chapter 152 of the General Laws, as amended, ^■^Y (J,^""- 
is hereby repealed. Approved April 25, 1947. §9B'etc.' 



repealed. 



An Act making veterans eligible for examination Chav 287 

FOR AND APPOINTMENT TO POSITIONS IN POLICE AND 
fire DEPARTMENTS, NOTWITHSTANDING MINIMUM AGE 
REQUIREMENTS. 

Whereas, The deferred operation of this act would tend ^^^^^P'^y 
to defeat its purpose, which is in part to make certain veter- '"^''''"* 
ans of World War II immediately eligible for civil service 
examination and appointment notwithstanding certain age 
requirements, 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 31 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 22A, inserted by chapter 221 of the acts §'22Vltc.. 
of 1946, and inserting in place thereof the following section: amended. 
— Section 22 A . Any veteran who will have attained the Age eligibility 
age of twenty-one within six months of the date of any ygte^raM" 
scheduled examination for police or fire services shall not be 
deemed ineligible for examination and appointment because 
of established mininmm age requirements to take such ex- 
amination; provided that he meets all other pertinent re- 
quirements of the civil service laws and rules. 

Approved April 25, 1947. 



276 Acts, 1947. — Chaps. 288, 289. 

Chap. 288 An Act relative to the salaries of the mayor and 

THE MUNICIPAL COUNCIL IN THE CITY OF TAUNTON. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
thirteen of chapter four hundred and forty-eight of the acts 
of nineteen hundred and nine, the salary of the mayor of the 
city of Taunton shall be fixed by ordinance at a sum not to 
exceed forty-five hundred dollars per annum. 

Section 2. Notwithstanding the provisions of said sec- 
tion thirteen of said chapter four hundred and forty-eight, 
the salary of each councilman of said city shall be seven 
hundred and fifty dollars per annum. 

Section 3. There shall be placed upon the official ballot 
to be used at the biennial municipal election in said city in 
the current year the following questions : — 

Question (1). "Shall the salary of the mayor of this city 
be fixed by ordinance at a sum not to exceed forty-five 
hundred dollars per annum?" 

Question {2). "Shall the salary of each councibnan of 
this city be seven hundred and fifty dollars per annum? " 

If a majority of the votes in answer to Question (1) is in 
the affirmative, then section one of this act shall thereupon 
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 thereupon 
take full effect, but not otherwise. 

Approved April 25, 191^7. 

Chap. 28Q An Act authorizing the city of holyoke to manu- 
facture, SELL AND DISTRIBUTE STEAM GENERATED BY 
ITS MUNICIPAL GAS OR ELECTRIC PLANTS. 

Be it enacted, etc., as follows: 

Section 1. The city of Holyoke, acting through its 
municipal gas and electric commission, and subject to the 
provisions of chapter one hundred and sixty-four of the 
General Laws relating to municipal lighting plants, may 
sell and distribute steam generated by its municipal gas or 
electric plants to any person or corporation within the 
limits of the city, and for such purposes shall have all the 
powers and be subject to the liabilities of a city in the 
operation of a municipal lighting plant. 

Section 2. Said city, acting as aforesaid, may take, or 
acquire by purchase or otherwise, and may hold, any lands, 
rights of way, easements or other property within its limits 
which said commission may deem necessary or convenient 
for carrying out the purposes of this act and for exercising 
any of the powers conferred thereby; may construct, install 
and maintain buildings, machinery, conduits, pipe lines and 
other works and structures; may carry any conduit, pipe 
line or other works upon, along, under or across any lands, 



Acts, 1947. — Chap. 290. 277 

water courses, streets, ways or bridges now existing or 
hereafter constructed, but in such a manner as not unneces- 
sarily to obstruct or impede travel thereon; and may dig 
up any such street or way, and lay, maintain and repair 
conduits, pipe lines and other works beneath the surface 
thereof, putting any such street or way in as good repair as 
the same was in when the digging was begun. 

Section 3. For the purpose of paying the necessary 
expenses and liabilities incurred or to be incurred under 
authority of this act, said city, acting through its said com- 
mission, may expend such sums as may be necessary, in 
accordance with and subject to the provisions of said chapter 
one hundred and sixty-four relative to municipal hghting 
plants, and shall dispose of the income received hereunder 
in accordance with said provisions. 

Approved April 25, 1947. 



An Act fixing the salaries of the clerk and the as- 
sistant CLERKS OF the SUPERIOR COURT FOR CRIMINAL 
BUSINESS IN THE COUNTY OF SUFFOLK. 



Chap.290 



Be it enacted, etc., as follows: 

Section 1. Section 49 of chapter 35 of the General EdVal^^a 
Laws, as most recently amended by section 1 of chapter etc!, 'amended'. 
512 of the acts of 1946, is hereby further amended by in- 
serting after the word "Suffolk" in line 6 the words: — , the 
clerk and assistant clerks of the superior court for criminal 
business in the county of Suffolk, — so as to read as follows : 
— Section 49- Every office and position whereof the salary classification 
is wholly payable from the treasury of one or more counties, certain"coumy 
or from funds administered by and through county officials, officers. 
excluding the offices of county commissioners, the clerk 
and the assistant clerks of the superior court for civil busi- 
ness in the county of Suffolk, the clerk and assistant clerks 
of the superior court for criminal business in the county of 
Suffolk, justices and special justices of the district courts, 
the messenger of the superior court in the county of Suffolk, 
clerks and assistant clerks of the district courts other than 
the clerks and assistant clerks of district courts in the county 
of Suffolk except the municipal court of the city of Boston, 
and other than the clerks and assistant clerks of the central 
district court of Worcester, and excluding 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 proba- 
tion 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 



278 Acts, 1947. — Chap. 290. 

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 princi- 
pally supported by the funds of the county or counties, or 
in the service of a hospital district established under sections 
seventy-eight to ninety-one, inclusive, of chapter one hun- 
dred and eleven, shall likewise be subject to classification as 
aforesaid. The word "salary", as used in this section, shall 
include compensation, however payable; but nothmg in 
sections forty-eight to fifty-six, inclusive, and nothing done 
under authority thereof, shall prevent any person from 
continuing to receive from a county such compensation as is 
fixed under authority of other provisions of law or as is 
expressly established by law. 
G. L. (Ter SECTION 2. Scctiou 94 of chapter 221 of the General 

^tc."!'ameAded^' Laws, as most recently amended by section 2 of chapter 
262 of the acts of 1946, is hereby further amended by in- 
serting after the word "Suffolk" in line 5 the words: — and 
the clerk and assistant clerks of the superior court for crimi- 
nal business in the county of Suffolk, — and by inserting 
after the third sentence the following sentence : — The sal- 
ary of the clerk of the superior court for criminal business 
in the county of Suffolk shall be eighty-two hundred dollars 
and the salaries of the assistant clerks of said court shall be 
fifty-four hundred dollars, — so as to read as follows : — 
dc'rk^^*'lnd Section 94. Except as provided in section ninety-three and 
assistant exccpt as hereinafter provided, the salaries of clerks and 

couns°^ assistant clerks of the supreme judicial and superior courts, 

other than the clerk and assistant clerks of the superior 
court for civil business in the county of Suffolk and the clerk 
and assistant clerks of the superior court for criminal busi- 
ness in the county of Suffolk, shall be established in accord- 
ance with sections forty-eight to fifty-six, inclusive, of chap- 
ter 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 popula- 
tion of Suffolk county above eight hundred and fifty thou- 
sand, as established by the next preceding 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 provision, on the 
basis of said census, and the salary so adjusted shall be 
allowed from January first in the year of adjustment. The 
salary -of the clerk of the superior court for criminal business 
in the county of Suffolk shall be eighty-two hundred dollars 
and the salaries of the assistant clerks of said court shall 
be fifty-four hundred dollars. The assistant clerks of the 
superior court for criminal business in Suffolk county may 
receive their salary in bi-weekly instalments if they so 
request in writing. Approved April 25, 1947. 



Acts, 1947. — Chaps. 291, 292, 293. 279 



An Act relative to the placing on the ballot of cer- Chap. 291 

TAIN DESCRIPTIVE WORDS AGAINST THE NAMES OF CER- 
TAIN CANDIDATES FOR ELECTION AS TOWN MEETING MEM- 
BERS UNDER THE PROVISIONS OF THE SO CALLED STANDARD 
FORM OF REPRESENTATIVE TOWN MEETING GOVERNMENT. 

Be it enacted, etc., as follows: 

Section 6 of chapter 43A of the General Laws, as most Ed^,'43Ay§6. 
recently amended by chapter 359 of the acts of 1945, is etc!. 'amended! 
hereby further amended by inserting after the word "offi- 
cers" in line 26 the words: — ; provided, that if a town 
meeting member who has been chosen by the remaining 
members from the precinct to fill a vacancy under the pro- 
visions of section nine is a candidate for election, the words 
"Candidate for Re-election" shall not be printed against his 
name as it appears on the ballot, — so that the next to the 
last sentence will read as follows: — If a town meeting Certain 
member is a candidate for re-election, the words "Candi- twds^or* 
date for Re-election" shall be printed against his name as nom'inition 
it appears on the ballot for the election of town officers; of town 
provided, that if a to\VTi meeting member who has been memb"rs, 
chosen by the remaining members from the precinct to fill '■eguiated. 
a vacancy under the provisions of section nine is a candi- 
date for election, the words "Candidate for Re-election" 
shall not be printed against his name as it appears on the 
ballot. Approved April 25, 1947. 



An Act defining the phrase "navigable air space" Chap. 292 
AS appearing in the laws relative to aeronautics. 

Be it enacted, etc., as follows: 

Section 35 of chapter 90 of the General Laws, as most id.^; 90^1 35, 
recently amended by chapter 507 of the acts of 1946, is etc!, 'amended! 
hereby further amended by adding at the end the following 
paragraph : — 

(p) "Navigable air space", air space above the mini- "Navigable 
mum safe altitudes of flight prescribed by regulation by the defin'^d'!^ 
commission. Such navigable air space shall be subject to 
a public right of air navigation in conformity with the pro- 
visions of said sections and with the regulations and air 
traffic rules issued by the commission. 

Approved April 26, 1947. 



An Act relative to the membership of the corpora- Chap 293 

TION called trustees of CLARK UNIVERSITY. 

Whereas, The deferred operation of this act would pre- Emergency 
vent the election of alumni members of the corporation p""^*"^"^- 
therein referred to for the academic year nineteen hundred 
and forty-seven— nineteen hundred and forty-eight, as therein 
provided, therefore it is hereby declared to be an emergency 



280 Acts, 1947. — Chap. 294. 

law, necessary for the immediate preservation of the public 

convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 4 of chapter 133 of the acts of 1887, 
as amended by section 1 of chapter 137 of the acts of 1943, 
is hereby further amended by striking out paragraph (a) 
and inserting in place thereof the following paragraph: — 

(a) The number of members of the corporation shall 
not be less than thirteen nor more than eighteen, of whom 
four, to be known as alumni members, shall be elected by 
and from the members of the Clark University Alumni 
Association in the manner herein provided, and the re- 
maining members shall be life members. An alumni mem- 
ber shall be elected in nineteen hundred and forty-seven 
to serve for a period of four years from July first in said 
year. Thereafter an alumni member shall be elected to the 
board of trustees each year for a term of four years from 
July first following his election. One of the alumni members 
shall always be a person who has held a degree from a 
graduate department of Clark University for ten years and 
the other three shall be persons who have held a degree 
from any department of said university for ten years. No 
alumni member shall be eligible for re-election within one 
year after the expiration of his term of office. 

Section 2. The members of the corporation called 
Trustees of Clark University in office on the effective date 
of this act shall retain their respective offices, subject, 
however, to the provisions of this act. 

Approved April 29, 1947. 

Chap.294i An Act providing for the establishment of a right 

OF WAY FOR PUBLIC ACCESS TO WHITE POND IN THE TOWNS 
OF CONCORD AND SUDBURY, 

Be it enacted, etc., as follows. ■ 

Section 1. The county commissioners of Middlesex 
county are hereby authorized and directed to lay out in the 
town of Concord a right of way for public access to White 
pond in the towns of Concord and Sudbury, 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 com- 
missioners 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; pro- 
vided, that the right to recover damages, if any, by reason 
of the laying out of such right of way, shall vest upon the 



Acts, 1947. — Chap. 295. 281 

recording of the order of taking by said county commis- 
sioners and that no entry or possession for the purpose of 
constructing a public way on land so taken shall be required 
for the purpose of validating such taking or for the payment 
of damages by reason thereof. 

Section 2. The selectmen of the town of Concord from 
time to time may make specific repairs on or improve such 
way to such extent as they may deem necessary, but neither 
the county of Middlesex, 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 travelling 
thereon; provided, that sufficient notice to warn the public 
is posted where such way enters upon or unites with an 
existing public way. • 

Section 3. All expenses incurred by said county com- 
missioners in connection with such right of way shall be 
borne by the county of Middlesex, or by such cities and 
towns therein, and in such proportions, as said county com- 
missioners may determine. 

Section 4. Said right of way shall not be discontinued or 
abandoned without authority therefor from the general 
court. 

Section 5. Nothing in this act shall be 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 April 29, 1947. 



An Act relative to the distribution of the manual Chap. 295 

FOR THE general COURT. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is in part to provide at once for P'"eambie. 
the distribution of the manual for the general court, 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 11 of chapter 5 of the General Laws, as most re- g. l. (Ter. 
cently amended by chapter 538 of the acts of 1945, is hereby ^tci^'amendld. 
further amended by striking out all after the word "follows : " ' 
in the fifth line, as appearing in the Tercentenary Edition, 
and inserting in place thereof the following: — 

To the clerk of each branch of the general court, fifty; Distribution. 

To the assistant clerk of each branch of the general court, 
thirty; 

To the counsel to each branch of the general court, four; 

To each member of the general court, five, and upon writ- 
ten application an additional number, not exceeding twenty; 

To the governor, the lieutenant governor, and the mem- 
bers of the executive council, five each and, upon written ap- 
pUcation an additional number, not exceeding fifteen; 

To the state library, one hundred and ten ; 



282 Acts, 1947. — Chap. 295. 

To the private secretary to the governor, the senators and 
representatives in congress from the commonwealth, the 
justices, clerks and registers of courts, such assistant clerks 
of courts as the state secretary may designate, the reporter 
of decisions, district attorneys, county commissioners, county 
treasurers, registers of deeds, medical examiners, sheriffs, city 
and town clerks. Harvard University and all incorporated 
colleges within the commonwealth, the Massachusetts 
Historical Society, the New England Historic Genealogical 
Society, the Boston Athenaeum, the American Antiquarian 
Society in Worcester, such free public libraries and branches 
thereof in the commonwealth as the state secretary may 
designate, and to such other free public libraries in the com- 
monwealth making written application therefor, county law 
libraries, all incorporated law libraries in the commonwealth 
and branch libraries maintained by them, and to veteran 
organizations having headquarters in the state house, one, 
each; 

To associate and special justices, assistant clerks of courts 
not otherwise provided for, and to reporters entitled to the 
privileges of the reporters' gallery in either branch of the 
general court, upon written appMcation, one, each; 

To the state secretary and his deputies, the state treasurer 
and his deputies, the state auditor and his deputies, the 
attorney-general and his assistants, the commissioner and 
associate commissioners of each state department, the director 
of each state division established by statute, the chairman 
of each state board and commission, and to each institution 
under the supervision of the state departments of correc- 
tion, education, mental health, public health and public 
welfare, one, each; 

To the state secretary for distribution not otherwise pro- 
vided for, fifty; 

Three hundred copies to the sergeant-at-arms to be re- 
served under the direction of the clerks of both branches for 
the use of the general court at its next annual session and 
three hundred copies for the use of the next succeeding gen- 
eral court. 

After making the foregoing distribution or making pro- 
vision therefor, the state secretary shall place copies of the 
manual on sale to the general public at a price not less than 
the cost thereof, as determined by the committees on rules 
of the senate and house of representatives. After December 
thirty-first of each even-numbered year copies of the manual 
remaining on hand may be distributed by the state secretary 
without charge. Approved April 29, 191^7. 



Acts, 1947. — Chaps. 296, 297. 283 



An Act extending the time within which the town of Chav.296 

SUTTON MAY BORROW MONEY FOR SCHOOL PURPOSES AND 
INCREASING THE AMOUNT WHtCH MAY BE SO BORROWED. 

Be it enacted, etc., as folloivs: 

Section 1. Section 1 of chapter 426 of the acts of 1941 
is hereby amended by striking out, in Hne 4, the word "five" 
and inserting in place thereof the word: — ten, — and by 
striking out, in Hne 5, the word "thirty" and inserting in 
place thereof the words : — one hundred and seventy-five, 
— so as to read as follows : — Section 1 . For the purposes 
of constructing a school building and of originally equipping 
and furnishing the same, the town of Sutton 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 ex- 
ceeding, in the aggregate, one hundred and seventy-five 
thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the w^ords, Sutton School 
Building Loan, Act of 1941. 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 Law^s, exclusive of the 
limitation contained in the first paragraph of section seven 
thereof. 

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

Approved April 29, 19Jf7. 



An Act to authorize the town of berlin to borrow nhr,^ onj 

MONEY FOR THE CONSTRUCTION AND FURNISHING OF A ^' 

SCHOOL BUILDING. 

Be it enacted, etc., as follov:s: 

Section 1. For the purpose of constnicting and origi- 
nally equipping and furnishing a school building, the town 
of Berlin 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, thirty-six thou- 
sand dollars, and may issue bonds or notes therefor, which 
shall bear on their face the words, Berlin School Loan, Act 
of 1947. 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 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. This act shall take effect upon its passage. 
Approved April 29, 19^7. 



284 



Acts, 1947. — Chap. 298. 



G. L. (Ter. 
Ed.), 44, § 33A, 
etc., amended. 



Budget to 
include pro- 
vision for 
salaries, etc. 



Chap. 29S An Act amending the laws governing cities, towns 

AND DISTRICTS IN RESPECT TO FINAJ>JCES AND OTHER 
RELATED MATTERS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 44 of the General Laws is hereby 
amended by striking out section 33A, as amended by chap- 
ter 62 of the acts of 1943, and inserting in place thereof the 
following section : — Section 33 A . The annual budget shall 
include sums sufficient to pay the salaries of officers and 
employees fixed by law or by ordinance. Notwithstanding 
any contrary provision of any city charter, no ordinance 
providing for an increase in the salaries or wages of municipal 
officers or employees shall be enacted except by a two thirds 
vote of the city council, nor unless it is to be operative for 
more than three months during the financial year in which 
it is passed. No new position shall be created or increase 
in rate made by ordinance, vote or appointment during the 
financial year subsequent to the submission of the annual 
budget unless provision therefor has been made by means of 
a supplemental appropriation. 

Section 2. Section 4 of said chapter 44, as most recently 
amended by section 12 of chapter 358 of the acts of 1946, is 
hereby further amended by inserting after the word "dis- 
tricts" in line 15 the words: — which have not yet had re- 
ceipts from taxes, rates and services throughout an entire 
such year, — so as to read as follows: — Section 4. Cities, 
towns and fire, water, light and improvement districts may, 
by a majority vote, incur debt for temporary loans in antici- 
pation 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 additional 
assessments or revenue from any other source except pay- 
ments made by the commonwealth in lieu of taxes on ac- 
count of property taken for institutions or for metropolitan 
district purposes; and for districts shall not exceed the re- 
ceipts from taxes, rates and services of the preceding year, 
and for newly established districts which have not yet had 
receipts from taxes, rates and services throughout an entire 
such year an amount as fixed by vote of the district. Such 
notes shall be payable, and shall be paid, not later than one 
year from their date, and shall not be renewed or paid by 
the issue of new notes, except as provided in section seven- 
teen. 

Section 3. Clause 9 of section 8 of said chapter 44, as 
amended by chapter 457 of the acts of 1939, is hereby further 
amended by inserting after the word "by" in line 2 the 
words: — a majority of the members of, — so as to read 
as follows : — 
S^rollL'tions. (9) For such emergency appropriations as shall be ap- 



G. L. (Ter. 
Ed.), 44, § 4, 
etc., amended. 



Temporary 
loans by 
cities, towns, 
etc. 



G. L. (Ter. 
Ed.), 44, § 8, 
etc., amended. 



Acts, 1947. — Chap. 298. 285 

proved by a majority of the members of a board composed 
of the attorney general, the state treasurer and the director, 
not more than two years as determined by the board. 

Section 4. Clause 13 of said section 8 of said chapter g l. (Xer. 
44, added by section 15 of chapter 358 of the acts of 1946, etc;!'amendfd. 
is hereby amended by inserting after the word "the" in line 
5, the word: — outstanding, — so as to read as follows: — 

(13) For the establishing of public airports, including the Purposes for 
acquiring of land, grading and constructing suitable surface rnrt'owns^ 
on such fields, the construction of necessary buildings and ™^^^i^°7i^°J^ 
the original equipment and furnishing of same, ten years; debt limit!' 
but the outstanding indebtedness so incurred shall not exceed 
one per cent of the last preceding assessed valuation of the 
city or town. The proceeds of indebtedness incurred here- 
under may be expended for the establishment of such an 
airport jointly by two or more municipalities. 

Section 5. Section 9 of said chapter 44, as most recently g. l. (Ter. 
amended by section 1 of chapter 384 of the acts of 1946, 5c:!'am;nded. 
is hereby further amended by adding at the end the follow- 
ing paragraph : — 

In newly established districts, established under general fgtXushilTg'^ 
or special law, for determining the amount that may be the borrowing 
borrowed for purposes specified in section seven and limited borrowing"'* 
in amount by section ten, in lieu of the valuation specified ||,"\'*?.°J "''*' 
in said section ten, the valuation used for the year of or- 
ganization shall be the assessed valuation of the taxable 
property of the district for that year; for the second year, 
it shall be the average assessed valuation of the taxable 
property of the district for the then current year and the 
preceding year; and, for the third year, it shall be the aver- 
age assessed valuation of the taxable property of the district 
for the then current year and the two preceding years. For 
the fourth year and thereafter the formula for determining 
the borrowing capacity of districts as set forth in said sec- 
tion ten shall apply. For determining the amount that may 
be borrowed for purposes specified in section eight, the 
valuation to be used for the year of organization shall be the 
assessed valuation of the taxable property of the district 
for that yeiir, and thereafter the valuations to be used shall 
be those set forth in said section eight. 

Section 6. Section 40 of said chapter 44, as most ej^-^J^wq 
recently amended by section 1 of chapter 29 of the acts of etc!. 'amended! 
1945, is hereby further amended by inserting after the first 
sentence the following sentence: — All accounts subject to Trust property 
audit by town auditors under section fifty-three of chapter o^owns subl* 
forty-one shall be subject to audit by the director, and the 1,'"' ji°g''"o'|,''' 
trustees of any property the principal or income of which, ^ 
in whole or in part, was bequeathed or given in trust for 
public uses for the benefit of the town or any part thereof, or 
for the benefit of the inhabitants of the town or any part 
thereof, shall give the director, or his duly accredited agents, 
access to their accounts, funds, securities and evidences of 
property for the purposes of the audit. 

Approved April 29, 191^7. 



286 Acts, 1947. — Chaps. 299, 300. 



Chap. 299 An Act further regulating the retirement of school 

TEACHERS OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section 9 of chapter 521 of the acts of 1922, 
as amended by section 2 of chapter 251 of the acts of 1924, 
is hereby further amended by adding at the end the words: 
— unless he makes apphcation for retirement prior to such 
thirty-first day of August, in which case he shall be retired 
within thirty days after the filing of such application in the 
same manner and with the same rights, benefits and privi- 
leges as a school teacher who is retired before attaining the 
age of seventy under the provisions of this section, — so 
that the second paragraph will read as follows : — 

A member of this retirement system who shall have at- 
tained age seventy shall be retired for superannuation within 
thirty days, except members of the judiciary, heads of de- 
partments and members of boards in charge of departments, 
and except that a school teacher shall be retired on the 
thirty-first day of August following his attaining the age of 
seventy unless he makes application for retirement prior to 
such thirty-first day of August, in which case he shall be 
retired within thirty days after the filing of such application 
in the same manner and with the same rights, benefits and 
privileges as a school teacher who is retired before attain- 
ing the age of seventy under the provisions of this section. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by approval of the mayor, 
and by vote of the city council, of the city of Boston, sub- 
ject to the provisions of its charter, but not otherwise. 

Approved April 29, 19Jf.7. 



Chap.SOO An Act directing the metropolitan district commis- 
sion TO PROMULGATE RULES AND REGULATIONS RELATIVE 
TO THE USE OF ITS LANDS AND WATERS AT QUABBIN RES- 
ERVOIR FOR FISHING PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 421 of the acts of 1946 
is hereby amended by inserting after the word "laws" in 
line 4 the words : — and such rules and regulations as may 
be promulgated by the metropolitan district commission 
under section two A, — so as to read as follows : — Sec- 
tion 2. The areas referred to in section one of this act 
where fishing is permitted shall be policed by the depart- 
ment of conservation for the purpose of enforcing the fish 
and game laws and such rules and regulations as may be 
promulgated by the metropolitan district commission under 
section two A, and such warning and other signs and appur- 
tenances as may be necessary in such enforcement shall be 
provided by said department. 



Acts, 1947. — Chap. 301. 287 

Section 2. Said chapter 421 is hereby further amended 
by inserting after section 2 the following section : — Sec- 
tion 2 A. The metropolitan district commission is hereby 
authorized and directed from time to time to promulgate 
rules and regulations, consistent with the provisions of sec- 
tion one of this act, for the protection of its water supply 
and relative to the use of its lands and waters for fishing 
purposes at the Quabbin reservoir; provided, that no such 
rule or regulation shall prohibit fishing in the tributary 
streams flowing into the areas of said reservoir referred to 
in section one. 

Section 3. Section 3 of said chapter 421 is hereby 
amended by adding at the end thereof the following sen- 
tence : — Whoever violates any rule or regulation promul- 
gated under section two A of this act shall be punished as 
provided in section twenty-two of chapter ninety-two of the 
General Laws. Approved April 29, 1947. 



Chap.SOl 



An Act making appropriations for the maintenance of 
certain counties, for interest and debt require- 
ments, for certain permanent improvements, and 
granting a county tax for said counties. 

Whereas, The deferred operation of this act would result Emergency 
in unnecessarily extending the period during which county p'"'"'''"'^'^- 
expenditures would be made in anticipation of appropria- 
tion, therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public con- 
venience. 

Be it enacted, etc., as follows: 

Section 1. The following sums are hereby appropriated 
for the counties hereinafter specified for the year nineteen 
hundred and forty-seven. No direct drafts against the ac- 
count 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 di- 
rector of accounts. 

Barnstable County. 

Item 

1 For interest on county debt .... .¥295 00 

2 For reduction of county debt .... 7,000 00 

3 For salaries of county officers and assistants 31,660 00 

4 For clerical assistance in county offices 32,453 00 

5 For salaries and expenses of district courts . 29,455 00 

6 For salaries of master and keeper and assistants, 

and support of prisoners in jail and house of cor- 
rection 67,850 00 

7 For criminal costs in superior court . 11,900 00 

8 For civil expenses in supreme judicial, superior, 

probat'' and land courts ..... 7,600 00 

10 For transportation and expenses of county and act- 

ing commissioners ..... 1,200 00 

11 For medical examiners and commitments of insane 2,300 00 

12 For auditors, masters and referees 500 00 



288 



Acts, 1947. — Chap. 301. 



Item 
14 



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 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 supervisory expense, retirement system 

26 For miscellaneous and contingent e.Kpenses, includ 

ing insurance. ..... 

27 For unpaid bills of previous years 

28 For police training school .... 

29 For police radio station .... 

30 For advertising the recreational advantages of the 

county ..... 
30a For forest fire apparatus (Chapter 349, Acts of 
1939, as amended) 

31 For reserve fund 
33 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 balance 
on hand and the receipts from other sources, for 
the above purposes ..... 

Berkshire 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 cor- 
rection ....... 

7 For criminal costs in superior court 

8 For civil expenses in supreme judicial, superior, pro 

bate and land courts .... 

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 

14 For repairing, furnishing and improving county 

buildings ...... 

14a For district court quarters in North Adams 

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 county aid to agriculture 

21 For sanatorium 

23 For Mount Greylock state reservation 
23a For Mount Everett state reservation 
25 For contributory retirement system 
25a For supervisory expense, retirement system 



$28,603 00 


25,540 00 


100,150 00 


930 00 


500 00 


17,595 00 


147,300 00 


14,585 00 


2,100 00 


1,000 00 


3,785 00 


401 24 


6,745 00 


2,750 00 


4,115 00 


11,500 00 


7,500 00 


7,500 00 


10,000 00 


35,000 00 



$424,379 49 


$1,050 00 
40,415 00 
22,020 00 
61,662 00 


48,510 00 
15,000 00 


13,000 00 


1,000 00 
6,000 00 
2,000 00 


8,000 00 
2,000 00 


25,000 00 


130,000 00 

1,000 00 

3,830 00 

4,000 00 

18,805 00 

22,035 00 

20,225 00 

2,400 00 

11,245 00 

48 61 



Acts, 1947. — Chap. 301. 



289 



Item 
26 



31 



For miscellaneous and contingent expenses, in- 
cluding 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 Berkshire 
County are hereby authorized to levy as the 
county tax of said county for the current year, 
in the manner provided by law, the following 
sum to be expended, together with the cash 
balance on hand and the receipts from other 
sources, for the above purposes 



$5,000 00 
700 00 

5,000 00 

6,000 00 

10,000 00 



$400,906 84 



Bristol County. 

1 For interest on county debt .... $3,000 00 

2 For reduction of county debt ... 9,000 00 

3 For salaries of county officers and assistants . 65,000 00 

4 For clerical assistance in county offices . . 79,000 00 

5 For salaries and expenses of district courts . 155,000 00 
5a For clerical assistance at First District Court pro- 
bation office 720 00 

6 For salaries of master and keeper and assistants, 

and support of prisoners in jail and house of 

correction 110,000 00 

7 For criminal costs in superior court 60,000 00 

8 For civil expenses in supreme judicial, superior, 

probate and land courts ..... 55,000 00 

10 For transportation and expenses of county and 

acting commissioners ..... 1,500 00 

11 For medical examiners and commitments of in- 

sane 20,000 00 

12 For auditors, masters and referees . 3,000 00 

14 For repairing, furnishing and improving county 

buildings 65,000 00 

15 For care, fuel, lights and supplies in county build- 

ings, other than jail and house of correction 95,000 00 

16 For highways, including state highways, bridges 

and land damages ...... 104,145 48 

16a For Fall River highway contract 1946 . . 10,000 00 

18 For law libraries 12,000 00 

19 For training school 7,000 00 

20 For agricultural school 187,657 32 

24 For non-contributory pensions .... 9,626 00 

25 For contributory retirement system 5,645 72 
25a For supervisory expense, retirement system 202 55 

26 For miscellaneous and contingent expenses, in- 

cluding insurance . . . . 7,000 00 

27 For unpaid bills of previous years . 4,500 00 

31 For reserve fund 10,000 00 

33 For post-war rehabilitation fund 25,000 00 

And the county commissioners of Bristol County 
are hereby authorized to levy as the county tax 
of said county for the current year, in the 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 ...... $811,953 15 



Dukes County. 

1 For interest on county debt 

2 For reduction of county debt 

3 For salaries of county officers and assistants 



$200 00 

20,534 00 

9,040 00 



290 



Acts, 1947. — Chap. 301. 



Item 

4 For clerical assistance in county offices $4,220 00 

5 For salaries and expenses of district courts . 7,375 00 

6 For salaries of master and keeper and assistants, 

and support of prisoners in jail and house of cor- 
rection 3,700 00 

7 For criminal costs in superior court . 2,000 00 

8 For civil expenses in supreme judicial, superior, 

probate and land courts ..... 500 00 

10 For transportation and expenses of county and act- 

ing commissioners ...... 350 00 

11 For medical examiners and commitments of insane 500 00 

12 For auditors, masters and referees . 100 00 

14 For repairing, furnishing and improving county 

buildings 2,500 00 

15 For care, fuel, lights and supplies in county build- 

ings, other than jail and house of correction 3,500 00 

16 For highways, including state highways, bridges 

and land damages ...... 18,608 58 

18 For law library 300 00 

20 For county aid to agriculture .... 2,500 00 

23 For Gay Head reservation .... 2,400 00 

25 For contributory retirement sj^stem 1,765 00 
25a For supervisory expense, retirement system . . 53 21 

26 For miscellaneous and contingent expenses, includ- 

ing insurance. ...... 1,900 00 

27 For unpaid bills of previous years 1,000 00 

29 For Indian burial ground 850 00 

30 For advertising the recreational advantages of the 

county 1,500 00 

31 For reserve fund 1,500 00 

32 For county rodent control . . . . 3,200 00 
34 For county airport .... . 19,000 00 

And the county commissioners of the county of 
Dukes county are hereby authorized to levy as 
the county tax of said county for the current 
year, in the manner provided by law, the follow- 
ing sum to be expended, together with the cash 
balance on hand and the receipts from other 
sources, for the above purposes $76,467 73 



Essex County. 

1 For interest on county debt .... $4,300 00 

2 For reduction of county debt .... 50,000 00 

3 For salaries of county officers and assistants . 80,100 00 

4 For clerical assistance in county offices . . 189,030 00 

5 For salaries and expenses of district courts . . 242,300 00 

6 For salaries of masters and keepers, and assistants, 

and support of prisoners in jails and houses of 

correction 113,000 00 

7 For criminal costs in superior court . 83,000 00 

8 For civil expenses in supreme judicial, superior, 

probate and land courts .... 84,000 00 

9 For trial justices 6,100 00 

10 For transportation and expenses of county and 

acting commissioners ..... 1,200 00 

11 For medical examiners and commitments of insane 21,000 00 

12 For auditors, masters and referees 3,000 00 

14 For repairing, furnishing and improving county 

buildings 50,850 00 

15 For care, fuel, lights and supplies in county build- 

ings, other than jails and houses of correction 108,750 00 

16 For highways, including state highwavs, bridges 

and land damages 236,200 00 



Acts, 1947. — Chap. 301. 



291 



Item 

18 For law libraries ...... 

19 For training school ...... 

20 For agricultural school ..... 

24 For non-contributory pensions .... 

25 For contributory retirement system 

25a For supervisory expense, retirement system 

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 manner 
provided by law the following sum to be ex- 
pended together with the cash balance on hand 
and the receipts from other sources, for the above 
purposes ....... 



$14,000 00 

75,800 00 

272,836 00 

7,200 00 

53,106 42 

460 48 

12,000 00 
2,600 00 
15.000 00 



$1,233,906 84 



Franklin County. 

1 For interest on county debt .... $3,387 50 

2 For reduction of county debt .... 15,000 00 

3 For salaries of county officers and assistants 24,860 00 

4 For clerical assistance in county offices . . 11,790 00 

5 For salaries and expenses of district courts . . 23,533 50 

6 For salaries of master and keppor and assistants, 

and support of prisoners in jail and house of cor- 
rection 28,000 00 

7 For criminal costs in superior court 8,000 00 

8 For civil expenses in supreme judicial, superior, 
probate and land courts ..... 8,000 00 

For transportation and expenses of county and act- 
ing commissioners ...... 400 00 

For medical examiners and commitments of insane 2,200 00 

For auditors, masters and referees 700 00 
For repairing, furnishing and improving county 

buildings 4,000 00 

For care, fuel, lights and supplies in county build- 
ings, other than jail and house of correction 20,900 00 
For highways, including state highways, bridges 

and land damages 47,000 00 

For examination of dams ..... 400 00 

For law library 3,700 00 

For training school 200 00 

For county aid to agriculture .... 14,595 00 

For sanatorium ...... 14,358 74 

For Greenfield health camp .... 2,000 00 

For Mount Sugar Loaf state reservation 2,680 00 

For non-contributory pensions .... 1,000 00 

For contributory retirement system . . . 7,413 00 

25a For supervisory expense, retirement system . 213 41 

26 For miscellaneous and contingent expenses, includ- 

ing insurance ...... 2,000 00 

27 For unpaid bills of previous years 500 00 
30 For advertising the recreational advantages of the 

county 2,500 00 

For reserve fund 5,000 00 

And the county commissioners of FrankUn 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 $192,956 55 



31 



292 



Acts, 1947. — Chap. 301. 



Hampden County. 
Item 

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 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 .... 
For transportation and expenses of county and act 

ing 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 library 
For training school . 
For county aid to agriculture 
For preventorium 
For Moimt Tom state reservation 
For non-contributory pensions 
For contributory retirement system 
25a For supervisory expense, retirement system 

26 For miscellaneous and contingent expenses, 

eluding insurance ..... 

27 For unpaid bills of previous years 

30 For advertising the recreational advantages of the 

coimty ..... 

31 For reserve fimd 
33 For post-war rehabUitation 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 ..... 



$4,500 00 
19,000 00 
60,000 00 
77,000 00 
170,000 00 


110,000 00 
30,000 00 


65,000 00 
2,200 00 


1,000 00 
18,000 00 
2,500 00 


17,000 00 


75,000 00 


178,000 00 

3,000 00 

12,000 00 

42,000 00 

52,000 00 

3,000 00 

16,334 55 

10,000 00 

23,593 59 

127 38 


7,444 41 
1,500 00 


2,500 00 
12,000 00 
25,000 00 



$741,659 69 



Hampshire County. 

1 For interest on county debt .... $725 00 

3 For salaries of county officers and assistants 26,900 00 

4 For clerical assistance in county offices 18,300 00 
6 For salaries and expenses of district courts . 35,300 00 

6 For salaries of master and keeper and assistants, 

and support of prisoners in jail and house of 

correction 38,800 00 

7 For criminal costs in superior court 10,000 00 

8 For civil expenses in supreme judicial, superior, 

probate and land coiui;s ..... 12,000 00 

10 For transportation and expenses of county and 

acting commissioners ..... 600 00 

11 For medical examiners and commitments of insane 4,500 00 

12 For auditors, masters and referees . . 500 00 
14 For repairing, furnishing and improving county 

buildings 12,000 00 



Acts, 1947. — Chap. 301. 



293 



Item 
15 



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 hbrary 

For coimty aid to agriculture 

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 supervisory expense, retirement system 

26 For miscellaneous and contingent expenses, in- 

cluding insurance . 

27 For unpaid bills of previous years 

30 For advertising the recreational advantages of the 

county .... 

31 For reserve fund 
33 For post-war rehabilitation fund 

And the county commissioners of Hampshire 
county are hereby authorized to levy as the 
county tax of said county for the current year, in 
the manner provided by law, the following sum 
to be expended, together with the cash balance 
on hand and the receipts from other sources, for 
the above purposes . . . . . 



$19,000 00 

89,800 00 

200 00 

2,700 00 

19,500 00 

51,722 78 

5,000 00 

2,000 00 

3,050 00 

7,280 85 

3,500 00 

91 74 

7,000 00 
120 00 

2,500 00 
7,500 00 
4,400 00 



$320,158 81 



Middlesex 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 

4a For classified and consolidated indices, southern 
registry of deeds ...... 

5 For salaries and expenses of district courts 

6 For salaries of masters and keepers and assistants, 

and support of prisoners in jail and houses of cor- 
rection ...... 

7 For criminal costs in superior court 

8 For civil expenses in supreme judicial, superior, prO' 

bate and land courts .... 

9 For trial justices ..... 
For transportation and expenses of county and act- 
ing commissioners ...... 

For medical examiners and commitments of insane 

For auditors, masters and referees 

For building county buildings and purchase of land 

For repairing, furnishing and improving county 
buildings ....... 

For care, fuel, lights and supplies in county build- 
ings other than jail 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 contributory retirement system 
25a For supervisory expense, retirement system 
26 For miscellaneous and contingent expenses, includ- 
ing insurance. ...... 



$5,000 00 

25,000 00 

101,070 00 

355,000 00 

100,000 00 
483,000 00 



320,000 00 
190,850 00 

180,000 00 
1,510 00 

500 00 

42,000 00 

6,000 00 

31,200 00 

98,000 00 

198,300 00 

416,500 00 
17,000 00 

122,000 00 
56,850 00 
28,300 00 
42,165 00 
75,175 00 
1,345 75 

10,000 00 



294 



Acts, 1947. — Chap. 301. 



27 For unpaid bills of previous years 

31 For reserve fund ..... 
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 manner 
provided by law, the following sum to be ex- 
pended, together with the cash balance on hand 
and the receipts from other sources, for the above 
purposes ....... 



$3,000 00 
20.000 00 



$2,277,249 35 



Norfolk 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 and municipal 
courts ........ 

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 building county buildings and purchase of land 

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 law library 

For training school 

For agricultural school 

For non-contributory pensions . 

For contributory retirement system 
25a For supervisory expense, retirement system 

26 For miscellaneous and contingent expenses, includ 

ing insurance. ..... 

27 For unpaid bills of previous years 

31 For reserve fund ..... 

33 For post-war rehabilitation fund 

And the county commissioners of Norfolk county 
are hereby authorized to levy as the county tax 
of said county for the current year, in the 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 ...... 



$2,000 00 

10,000 00 

39,500 00 

124,000 00 

193,100 00 



86,000 00 

62,000 00 

46,000 00 

750 00 

20,000 00 

2,500 00 

1,000 00 

28,000 00 

99,900 00 

115,000 00 

2,500 00 

6,000 00 

149,270 00 

9,500 00 

18,000 00 

477 75 

6,000 00 

7,500 00 

10,000 00 

50,000 00 



$737,502 80 



Plymouth 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 cor- 
rection ....... 

7 For criminal costs in superior court 



$3,500 00 
42,000 00 
38,200 00 
59,058 00 
99,250 00 



114,786 00 
71,000 00 



Acts, 1947. — Chap. 301. 



295 



Item 
8 



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, bridges 

and land damages 
For examination of dams . 
For law libraries .... 
For training school .... 
For coimty aid to agriculture 
For non-contributory pensions . 
For contributory retirement system 
25a For supervisory expense, retirement system 

26 For miscellaneous and contingent expenses, 

ing insurance ..... 

27 For unpaid bills of previous years 
31 For reserve fund .... 

And the county commissioners of Plymouth county 
are hereby authorized to levy as the county 
tax of said county for the current year, in the 
manner provided by law, the following sum to be 
expended, together with the cash balance on 
hand and the receipts from other sources, for the 
above purposes ...... 



nclud 



$40,000 00 


1,200 00 


9,000 00 


3,600 00 


12,000 00 


48,000 00 


155,000 00 


1,000 00 


4,100 00 


1,800 00 


30,370 00 


3,653 00 


13,500 00 


813 72 


4,600 00 


1,000 00 


10,000 00 



$602,723 99 



Worcester County. 

For interest on county debt .... 

For salaries of county officers and assistants 

For clerical assistance in county offices 

F'or 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 expenses in supreme judicial, superior, pro- 
bate 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 repairing, furnishing and improving county 
builclings ....... 

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 libraries .... 

For training school .... 

For county aid to agriculture 

For preventorium .... 

For Mount Wachusett state reservation 
23a For Purgatory Chasm state reservation 

24 For non-contributory pensions 

25 For f!ontrih\iiory retirement system 
25a For supervisory expense, retirement system 



$4,000 00 

74,300 00 

134,000 00 

225.000 00 



145,000 00 
71,000 00 

93,700 00 
1,250 00 

2,500 00 

26,000 00 
2,000 00 

42,200 00 

93,000 00 

345,000 00 
18,000 00 
53,000 00 
52,740 00 

2,000 00 
18,000 00 

7,000 00 
17,000 00 
44,886 82 

1,000 02 



296 Acts, 1947. — Chap. 302. 

Item 

26 For miscellaneous and contingent expenses, includ- 

ing insurance ...... $11,600 00 

27 For unpaid bills of previous years . 3,000 00 
31 For reserve fund 12,500 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 manner 
provided by law, the following sum to be ex- 
pended, together with the cash balance on hand 
and the receipts from other sources, for the above 
purposes $1,199,116 71 

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 pris- 
oners, 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 in- 
vestigation shall be reimbursed for the expense of mid-day 
meals when necessarily engaged on such duty; and provided, 
further, that officers and employees in attendance at meet- 
ings and conferences called by or for any group or class on a 
state- wide basis shall be so reimbursed. 

Section 3. The allowance to county employees for ex- 
penses incurred by them in the operation of motor vehicles 
owned by them or by any member of their immediate families 
and used in the performance of their official duties shall not 
exceed five and one half cents a mile except in cases where a 
higher allowance is specifically provided by statute; pro- 
vided, that in the case of insane commitments the justice of 
the court ordering the commitment may order a higher rate. 

Approved May 1, 1947. 

Chap. S02 A-N Act relative to expenditures for the care, main- 
tenance AND REPAIR OF TUBERCULOSIS HOSPITALS IN 
CERTAIN COUNTIES. 

Emergency Whsreas, The deferred operation of this act would result 

pream e. .^ unnccessarily extending the period during which ex- 

penditures by certain counties for tuberculosis hospital pur- 
poses 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-seven the sums set forth in this act 



Acts, 1947. — Chap. 302. 



297 



for the care, maintenance and repair of the county tuber- 
culosis hospitals within their respective counties, , and to 
assess the same in the manner set forth in section eighty-five 
of chapter one hundred and eleven of the General Laws, as 
amended. In case of extraordinary or unforeseen emer- 
gencies the director of accounts, at the request of the county 
commissioners of any such county, may authorize expend- 
itures in excess of any particular item; provided, that 
another item or items of expenditure shall be reduced by 
an equivalent amount. 

Bkistol County. 



For administration: 

(a) Salaries 

(b) Other expenses 

For maintenance and operation : 

(a) Salaries and wages 

(6) Other expenses 
For contributory retirement system 
For interest .... 



For total expenditures 

Essex County. 

1. For administration: 

(a) Salaries .... 

(b) Other expenses 

2. For maintenance and operation: 

(a) Salaries and wages 

(b) 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. 

1. For administration : 

(a) Salaries 

(b) Other expenses 

2. For maintenance and operation : 

(a) Salaries and wages 

(b) Other expenses 

4. For other health services: 

(6) Clinics and other extra-mural 

5. For contributory retirement system 

6. For interest .... 

For total expenditures 



$9,588 00 
1,800 00 

88,000 00 

96,000 00 

1,257 49 

1.089 37 



. $197,734 86 


. $18,900 00 
4,750 00 


. 290,000 00 
. 332,300 00 


150 00 

25,751 48 

3,150 00 

4,245 36 


. $679,246 84 


. $21,500 00 
10,000 00 


. 380,000 00 
. 335,000 00 


1,000 00 
17,582 00 
3,500 00 



$768,582 00 



Norfolk County, 
For administration : 

(a) Salaries 

(b) Other expenses 
For maintenance and operation: 

(a) Salaries and wages 
(h) Other expenses 
For other healtn services: 

(a) Preventorium 

(b) Clinics and other extra-mural 



$12,150 00 
2,700 00 

172,000 00 
160,600 00 

3,000 00 
3,000 GO 



298 



Acts, 1947. — Chap. 303. 



5. For contributory retirement system 

6. For interest .... 



For total expenditures 



$5,350 80 
1,700 00 



$350,400 80 



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 



$17,500 00 
1,600 00 

118,500 00 

80,000 00 

3,000 00 

3,000 00 

6,000 00 

8,000 00 

800 00 

$238,400 00 



Worcester 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 

5. For contributory retirement system 

6. For interest .... 
9. For unpaid bills of previous years 



For total expenditures 




. $426,845 
Approved May 2, 1947. 



Chap 



.303 -^N Act authorizing the transit department of the 

CITY OF BOSTON TO CONTRACT WITH THE BOSTON ELEVATED 
RAILWAY COMPANY FOR CONSTRUCTION BY THAT COMPANY 
OF CERTAIN PARTS OF THE EXTENSION OF RAPID TRANSIT 
FACILITIES AUTHORIZED BY CHAPTER SIX HUNDRED AND 
NINETY-TWO OF THE ACTS OF NINETEEN HUNDRED AND 
FORTY- FIVE AND OF OTHER SUBWAY, TUNNEL OR RAPID 
TRANSIT PROPERTY. 

Be it enacted, etc., as follows: 

Section 1. The transit department of the city of Boston 
may contract in the name and behalf of the city of Boston 
with the Boston Elevated Railway Company, hereinafter 
called the company, for construction by the company of 
such parts of the premises or equipment of the extension of 
rapid transit facilities authorized by chapter six hundred and 
ninety-two of the acts of nineteen hundred and forty-five, 
as amended, or such part of any other subway, tunnel or 
rapid transit property now or hereafter owned by said city 
as the department of pubhc utiUties shall determine for 
reasons special and peculiar to the work that the company 
is particularly fitted to perform, and the company is author- 



Acts, 1947. — Chaps. 304, 305. 299 

ized to so contract and perform such work. The provisions 
of section eight of said chapter six hundred and ninety-two 
and similar provisions of general or special laws or ordi- 
nances requiring the advertising and letting of such con- 
tracts to the lowest responsible bidder and the provisions of 
sections twenty-six to twenty-seven D, inclusive, of chapter 
one hundred and forty-nme of the General Laws, in so far 
as said provisions apply to the payment of wages, shall not 
apply to such contracts or the work performed thereunder, 
but wage rates paid shall be those estabhshed by collective 
agreements between organized labor and the company. 
Section 2. This act shall take effect upon its passage. 

Approved May S, 1947. 



An Act authorizing the city of pittsfield to pay for 
certain clerical services rendered to its licensing 
authorities. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
three (2) (/) of chapter thirty-two of the General Laws, as 
appearing in section one of chapter six hundred and fifty- 
eight of the acts of nineteen hundred and forty-five, the 
city of Pittsfield may appropriate and pay to William B. 
Preston, for clerical services performed by him for the 
licensing authorities of said city, a sum not exceeding one 
hundred dollars. 

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

Approved May 2, 1947. 



An Act authorizing the town of barnstable to lease 
certain land in the town to the hyannisport civic 
association for a public bathing beach. 

Be it enacted, etc., as follows: 

Section L The town of Barnstable may by vote at a 
town meeting authorize the park commission of said town 
to lease to the Hyannisport Civic Association, from time to 
time and for terms not exceeding five years, the town's park 
land at Hyannisport bounded by land formerly of George 
B. Holbrook, by Washington avenue, by lyanough avenue 
and by Hyannisport harbor; the same to be maintained by 
said association for the purposes of a public bathing beach 
for residents of the town. Section seven of chapter forty- 
five of the General Laws shall not be applicable to such land 
so long as the same is maintained by said association for the 
purposes of a pubUc bathing beach. 

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

Approved May 2, 1947. 



Chap.SO^ 



Chap.SOd 



300 Acts, 1947. — Chaps. 306, 307, 308. 



C/iap. 306 An Act relative to the borrowing of money by the 

CITY OF PEABODY FOR EXTENDING AND ENLARGING ITS 
electric LIGHTING PLANT 

Be it enacted, etc., as follows: 

Section 1. The city of Peabody may, within a period 
of five years from the passage of this act, incur indebtedness 
not exceeding, in the aggregate, six hundred thousand dol- 
lars, for extending and enlarging the electric Ugh ting plant 
of said city and may issue bonds or notes therefor, which 
shall bear on their face the words Peabody Electric Light 
Loan, Act of 1947. Each authorized issue shall constitute 
a separate loan, and such loans shall be payable in not more 
than twenty years from their dates. Indebtedness incurred 
under this act shall be in excess of the amount authorized for 
electric light plants by chapter forty-four of the General 
Laws, but shall except as provided herein be subject to the 
applicable provisions of said chapter exclusive of the first 
paragraph of section seven thereof. 

Section 2. This act shall take full effect upon its accept- 
ance during the current year by the city council of said city, 
subject to the provisions of its charter, but not otherwise. 

Approved May 2, 191^7. 



Chap. 307 An Act authorizing injunctive relief in certain cases 

OF TRADE-MARK INFRINGEMENT OR UNFAIR COMPETITION, 

Be it enacted, etc., as follows: 

Ed.x mMw Chapter 110 of the General Laws is hereby amended by 
§7A,'added. inserting after section 7 the following section: — Section 7 A. 
Relief for Likelihood of injury to business reputation or of dilution of 

Strad^rrk. the distinctive quality of a trade name or trade-mark shall 
be a ground for injunctive relief in cases of trade-mark in- 
fringement or unfair competition notwithstanding the 
absence of competition between the parties or of confusion 
as to the source of goods or services. 

Approved May 2, 1947. 



Chap. 308 An Act extending the time available for improving 

THE FACILITIES FOR MARITIME COMMERCE IN THE PORT 
OF FALL RIVER. 

Be it enacted, etc., as follows: 

Chapter 665 of the acts of 1945 is hereby amended by 
striking out section 7 and inserting in place thereof the fol- 
lowing section : — Section 7. This act shall take effect on 
January first, nineteen hundred and forty-six, and shall 
cease to be effective on July first, nineteen hundred and 
forty-eight, unless prior thereto the department has entered 
into one or more contracts authorized by section four for 
the leasing of the facilities authorized under this act. 

Approved May 2, 1947. 



Acts, 1947. — Chaps. 309, 310, 311. 301 

An Act providing for payments by the commonwealth (Jfidj) 309 

TO COMPENSATE PERSONS WHOSE PROPERTY MAY BE ^' 

DAMAGED BY ACTS OF INMATES OF THE INDUSTRIAL SCHOOL 
FOR BOYS AT SHIRLEY WHO ESCAPE THEREFROM. 

Be it enacted, etc., as follows: 

Upon written request by the trustees of the Massachusetts 
training schools, there shall be paid out of the state treasury, 
from such funds as may be available therefor, to any person 
determined by the attorney general to be entitled to com- 
pensation for damage to his property caused by the act of 
any inmate of the industrial school for boys at Shirley 
upon his escape from said school, such sum as the attorney 
general shall determine to be just and reasonable and as the 
governor and council shall approve. 

Approved May 2, 1947. 



C/iap.310 



An Act relative to the combined exemption from 

LOCAL taxation OF A HUSBAND AND WIFE IN THE CASE OF 
HOUSEHOLD FURNITURE AND EFFECTS. 

Be it enacted, etc., as follows: 

Section 5 of chapter 59 of the General Laws, as amended, SjV-^P|- 
is hereby further amended by striking out clause Twentieth, etc!, 'amended, 
as most recently amended by chapter 482 of the acts of 
1941, and inserting in place thereof the following clause: — 

Twentieth, The wearing apparel, farming utensils and Y^^&1^\ 
cash on hand of every person and the tools of his trade if a utensils', etc., 
mechanic, to any amount; and to an amount not exceeding tax^tfon.'^'"" 
a total value of one thousand dollars in respect to all the 
articles hereinafter specified in this clause, his household 
furniture and effects, including jewelry, plate, works of art, 
musical instruments, radios and garage or stable accessories, 
in storage in a public warehouse kept and maintained under 
chapter one hundred and five or used or commonly kept in 
or about the dwelling of which he is the owner of record or 
for the use of which he is obligated to pay rent, and which 
is the place of his domicile, and boats, fishing gear and nets 
owned and actually used by him in the prosecution of his 
business if engaged exclusively in commercial fishing; pro- 
vided, that in the case of household furniture and effects 
the combined exemption of husband and wife shall not 
exceed one thousand dollars. Approved May 2, 1947. 

An Act relative to the issuance by the registrar of nhnrt ^11 

MOTOR VEHICLES OF DEALER REGISTRATION PLATES TO ^"'^V'^^ 
PERSONS ENGAGED IN THE BUSINESS OF FINANCING THE 
PURCHASE OF OR INSURING MOTOR VEHICLES. 

Be it enacted, etc., as follows: 

Section 5 of chapter 90 of the General Laws, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby amended by striking fmende^d,* ^' 
out in line 31 the words "whose principal business is" 



302 



Acts, 1947. — Chaps. 312, 313. 



"Dealer' 
defined. 



and inserting in place thereof the words : — who is engaged 
in the business of, — so that the last sentence will read as 
follows: — The word "dealer", for the purposes of the 
registration of motor vehicles or trailers under any provision 
of this chapter, may include, in the discretion of the registrar, 
a person who is engaged in the business of financing the 
purchase of or insuring motor vehicles, but only in respect 
to such vehicles as such person may take in possession by 
foreclosure or subrogation of title and all the provisions of 
this chapter relating to certificates of registration of dealers 
shall apply to certificates issued to such a person under this 
provision. Approved May 2, 1947. 



C hap. S12 An Act prohibiting the awarding of certain state 

CONTRACTS UNLESS AND UNTIL THE STATE COMPTROLLER 
CERTIFIES THAT MONEY IS AVAILABLE THEREFOR. 

Be it enacted, etc., as follows: 

Chapter 29 of the General Laws is hereby amended by 
striking out section 8, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following sec- 
tion: — Section 8. The officer in direct charge of such con- 
struction, alteration, repair or development shall obtain 
working plans and specifications, when so authorized by the 
general court, shall advertise in a reasonable number of 
newspapers for proposals for the performance of such work, 
and shall award the contract to the lowest responsible and 
eligible bidder; but no contract shall be awarded for a sum 
in excess of the amount which the state comptroller certifies 
is available therefor. Kny officer who awards a contract in 
violation of any provision of this section may be removed 
by the governor, with the advice and consent of the council. 

Approved May 2, 19^7. 



G. L. (Ter. 
Ed.), 29, § 8, 
amended. 



Awarding of 
certain state 
contracts, 
regulated. 



C/iap. 3 13 An Act relative to the commitment of persons ar- 
rested FOR non-payment OF TAXES. 

Be it enacted, etc., as follows: 

Section 34 of chapter 60 of the General Laws, as appear- 
ing in the Tercentenary Edition, is hereby amended by in- 
serting after the word "arrest", in line 16, the words: — or 
of the county wherein the town in which the tax is payable 
lies, — so that the first sentence will read as follows: — If 
a tax assessed upon a person remains unpaid for fourteen 
days after demand therefor, the collector may issue his war- 
rant to the sheriff or his deputies of the county, or the deputy 
collector of taxes or a constable of the town, wherein the 
person assessed has his usual place of abode or of business, 
directing them and each of them to distrain the property or 
take the body of the person assessed and to proceed as re- 
quired of collectors in like cases; but a collector of taxes 
who issues a warrant for the arrest of a person for non- 



G. L. (Ter. 
Ed.), 60, § 34, 
amended. 



Commitment 
of persons 
arrested for 
non-payment 
of taxes. 



Acts, 1947. — Chaps. 314, 315. 303 

payment of taxes, or the officer to whom he commits the 
warrant, may at his discretion, after the service of the war- 
rant, allow such person to go free for a period not exceeding 
fourteen days after said service, at which time, if said per- 
son does not pay his tax with all fees and charges due thereon, 
including the fee for service of said warrant and travel as 
provided by section fifteen, said officer shall then arrest the 
said person on the aforesaid warrant, and commit him to 
the jail of the county where he makes the arrest or of the 
county wherein the town in which the tax is payable lies. 

Approved May 2, 191^.1 . 



An Act authorizing the sale and conveyance of a Oiarf.ZW 

CERTAIN PARCEL OF STATE LAND IN THE TOWN OF PROV- 
INCETOWN. 

Be it enacted, etc., as follows: 

The department of public works, in the name and on 
behalf of the commonwealth, is hereby authorized to sell 
and convey a certain parcel of land of the commonwealth 
located on Commercial street in the town of Provincetown, 
which was acquired by the commonwealth, acting through 
the Provincetown Tercentenary Commission, established by 
chapter 366 of the General Acts of 1919, by a deed dated 
February 26, 1925 and recorded in Barnstable County Deeds, 
Book 420, page 166. Such sale shall be subject to such terms 
and conditions as may be fixed by said department, with the 
approval of the governor and council. 

Approved May 2, 1947. 



An Act to increase the sum allowed for expenses of (Jfiav. 315 

THE conference OF COM^nssTOMTTRS nT>j ttmtform atattt. ^' 

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



by chapter 18 of the acts of 1938, is hereby further amended etc!, 'amended. 

by striking out, in line 7, the word "two" and inserting in 

place thereof the word : — four, — so as to read as follows : 

— Section 28. They shall serve without compensation, but Commissioners 

, . . 1111 .11 1 1 1 1 on uniform 

each commissioner shall be paid by the commonwealth the state laws, 
amount of his actual traveling and other necessary expenses *'''p^"^^^- 
incurred in the discharge of his official duty, after an account 
thereof has been audited by the commissioners. They shall 
keep a full account of their expenditures. They may con- 
tribute each year a sum not exceeding four hundred dollars 
toward the expenses of the conference of commissioners on 
uniform state laws, the same to be paid from such appro- 
priation for the expense of the commissioners as may be 
made by the general court. Approved May 2, 1947. 



304 Acts, 1947. — Chaps. 316, 317. 



Chap.SlQ An Act providing for payments, in lieu of vacations, 

IN THE CASE OF CERTAIN EMPLOYEES OF CERTAIN COUN- 
TIES AND MUNICIPALITIES WHO RESIGNED OR WERE 
GRANTED LEAVES OF ABSENCE TO ENTER THE ARMED 
FORCES OF THE UNITED STATES. 

Be it enacted, etc., as follows: 

Any person in the service of any county, city or town by 
which chapter four hundred and ninety-nine of the acts of 
nineteen hundred and forty-three has been or shall be ac- 
cepted as therein provided, who, prior to such acceptance but 
subsequent to September sixteenth, nineteen hundred and 
forty, resigned or was granted a leave of absence from such 
service to enter the armed forces of the United States and 
who served in said armed forces during World War II and 
who, upon honorable discharge from such service in said 
armed forces, has returned or returns to the service of such 
county, city or town, shall be paid an amount equal to the 
vacation pay which he would have received in the yesiT of 
his entry into such service in said armed forces if his said 
employment had not been interrupted by such service in 
said armed forces; provided, that no monetary or other 
allowance has already been made therefor. Such payments 
shall be made from the county, city or town treasury from 
any available funds therein. Approved May 2, 1947. 

C hap. S17 An Act relative to the authority of certain mutual 

INSURANCE COMPANIES TO PAY DIVIDENDS ON CERTAIN 
POLICIES OF INSURANCE. 

Be it enacted, etc., as follows: 

Ed)"i75'^'§ 80 Chapter 175 of the General Laws is hereby amended by 
etc^.'ameAded.' striking out section 80, as most recently amended by chapter 
196 of the acts of 1947, and inserting in place thereof the 
Snui" following section : — Section 80. From time to time the 

insurance directors of a mutual fire company may by vote fix and 
m^'^pay ^ determine the percentages of dividend or expiration return 
dividends on gf premium to be paid on expiring or cancelled policies, or 

certain policies. . ,.. , i <*i**i* 

to be paid upon anniversary dates of policies having no 
expiration dates, which may, in their discretion, and with 
the written approval of the commissioner, and upon such 
conditions, if any, as he may prescribe, be different for 
poUcies insuring for the same term against the different 
kinds of risks mentioned in the several provisions of the 
clause or clauses of section forty-seven under which such a 
company may transact business; and the percentage afore- 
said for fire policies insuring farm risks, fireproof risks, 
including risks equipped with automatic sprinkler and fire 
alarm systems, or manufacturing or storage risks, or manu- 
facturing or storage risks confined to lumber and wood- 
working only, risks subject to special inspection, special 
underwriting and special reinsurance treatment, insured 



Acts, 1947. — Chap. 317. 305 

under either (A) policies issued by ten or more such com- 
panies or (B) pohcies issued by one such company which by 
joint underwriting cedes a portion of the risk to nine or 
more other such companies in a group, may in Uke manner 
be different from that for pohcies insuring other risks against 
fire for the same term. Pohcies insuring risks in this com- 
monwealth in the same classification shall have an equal 
rate of dividend or return of premium. If an assessment is 
levied under section eighty-three the rate thereof may be 
different for pohcies insuring risks in any classification from 
that for pohcies insuring other classifications of risks for 
the same term; but pohcies insuring risks in the same 
classification shall have the same rate of assessment, and all 
funds of the company, actual and contingent, shall be 
available for the payment of any claim against it. Every 
pohcy placed in any classification made under this section 
shall, when issued, bear an endorsement, satisfactory to 
the commissioner, to the effect that it is so classified. 

Whenever any such insurance company, whose business 
is confined chiefly to the insurance of sprinklered risks and 
which is conducted solely for the benefit and protection of 
its members and which pays no commissions or brokerage 
for the acquirement of its business, shall reinsure in a hke 
company the whole or any portion of a risk covered by its 
pohcy or policies of insurance, it may do so either (1) by 
existing methods of reinsurance or (2) by agreement with its 
policyholder or poficyholders attached to and made a part 
of such pohcy or policies, which agreement shall contain a 
schedule giving (a) the name and location of each reinsuring 
company and (6) the portion of the risk reinsured in each 
such company. Such agreement may also provide that the 
dividend or return of premium to be paid or credited upon 
termination of such policy or policies shall be the sum of (1) 
the dividend or return of premium to be paid or credited upon 
that portion of the premium or premium deposit retained 
by the company issuing such policy or policies and (2) the 
aggregate amount of such dividends or returns of premium 
paid or credited upon all portions of the premium or premium 
deposit ceded to all such reinsuring companies. 

Any such company may accumulate and hold profits, 
but only until such profits equal four per cent of its insur- 
ance in force; and such accumulation shall be subject to 
the laws relative to the investment of the capital stock of 
domestic companies, except that it may also be invested in 
shares of co-operative banks, in deposits in savings banks, 
and in deposits in savings departments of trust companies, 
chartered under the laws of this commonwealth, subject as 
to such deposits to the laws, rules and regulations governing' 
the same. Such accumulation may be used from time to 
time in the payment of losses, dividends and expenses. 

Every policyholder of a domestic company and every 
policyholder in this commonwealth of a foreign company 
shall be notified, at his last known address, within six months 



306 



Acts, 1947. —Chaps. 318, 319. 



after the expiration of his poUcy, of the amount of any 
dividend declared and payable thereon, unless in the mean- 
time such dividend has been paid in cash or applied in pay- 
ment of the premium on the renewal of the policy. 

Approved May 2, 1947. 



Chap. 31S ^^ ^^^ PERMITTING THE ARMORY COMMISSION TO ACCEPT 
CERTAIN FEDERAL FUNDS OR CONTRIBUTIONS FOR ARMORY 
PURPOSES. 

Be it enacted, etc., as follows: 

Chapter 33 of the General Laws is hereby amended by 
striking out section 36, as appearing in section 1 of chapter 
425 of the acts of 1939, and inserting in place thereof the 
following section: — Section 36. To meet the expenses 
incurred under sections thirty-three, thirty-four and thirty- 
five, or any of them, the armory commission may expend 
such amounts as are appropriated therefor by the general 
court, together with such armory loan funds as may from 
time to time be authorized specifically by the general court, 
and may accept from the federal government, and may 
expend, subject to appropriation, an}^ funds or contribu- 
tions toward the erection, alteration or maintenance of, or 
the making of any addition to, any armory or facility or 
installation; provided, that all title, interest and control 
therein remains vested in the commonwealth. 

Approved May 2, 1947. 



G. L. (Ter. 
Ed.), 33, § 36, 
etc., amended. 



Armory com- 
mission may 
accept federal 
funds or 
contributions. 



G. L. (Ter. 
Ed.), 90, § 45, 
etc., amended. 



Appeal to 

superior 

court. 



C/iap. 3 19 An Act further regulating appeals from rules or 

REGULATIONS OR RULINGS, DECISIONS OR ORDERS RELA- 
TIVE TO AVIATION. 

Be it enacted, etc., as follows: 

Chapter 90 of the General Laws is hereby amended by 
striking out section 45, as most recently amended by section 
8 of chapter 537 of the acts of 1941, and inserting in place 
thereof the following section : — Section 4-^. Any person 
aggrieved by any rule or approach or other regulation made 
under sections thirty-five to fifty-two, inclusive, or by any 
ruling, decision or order under any provision of said sections 
or of any such rule or regulation may, within thirty days 
after the eflfective date of such rule or regulation or within 
thirty days after such ruling, decision or order, appeal to 
the superior court sitting in equity for the purpose of having 
the lawfulness thereof inquired into and determined. Upon 
Such appeals, said court may make such orders and decrees 
as justice and equity may require and parties to such ap- 
peals shall have all rights of appeal and exception as in other 
equity cases. Approved May 2, 1947. 



Acts, 1947. — Chaps. 320, 321. 307 



An Act providing for distribution of copies of the (Jfidj) 320 

BLUE book, so called, TO MEMBERS OF THE EXECUTIVE ^' 
COUNCIL. 

Be it enacted, etc., as follows: 

Section 1. Section 3 of chapter 5 of the General Laws, g. l. (Ter. 
as amended, is hereby further amended by striking out the ftc.!amended. 
paragraph contained in hues 10 and 11, as appearing in the 
Tercentenary Edition, and inserting in place thereof the fol- 
lowing paragraph : — 

To each member of the general court and of the executive Annual dis- 
council and to the clerks of each branch of the general court, law"*'"" °^ ^^^ 
two; and to each assistant clerk of the general court, one; — 

and by striking out the paragraphs contained in lines 63 to 
68, inclusive, and inserting in place thereof the 2 following 
paragraphs : — 

To each member of the general court and of the executive 
council ten, and upon apphcation in writing filed prior to 
June first next following the printing of said volume, ten 
additional copies. 

To each member of the general court and of the executive 
council at the session next following the passage of the acts 
and resolves in said volume, one copy, to be delivered at the 
beginning of such session. 

Section 2. The 8th paragraph of said section 3, as g. l. (Ter. 
amended, is hereby further amended by striking out, in lines fttl'f^tier' 
1 and 2, as appearing in chapter 196 of the acts of 1938, the amended. 
words ", the members of the executive council". 

Approved May 2, 1947. 

An Act authorizing the town of Wilmington to bor- Chav.^2\ 

ROW money FOR THE CONSTRUCTION AND FURNISHING OF ^' 

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 Wilmington may borrow from time to time, within a 
period of five years from the passage of this act, such sums 
as may be necessary, not exceeding, in the aggregate, two 
hundred thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Wilming- 
ton School Loan, Act of 1947. Each authorized issue shall 
constitute a separate loan, and such loans shall be paid in 
not more than twenty years from their dates. Indebted- 
ness incurred under this act shall be in excess of the statu- 
tory limit, but shall, except as provided herein, be subject 
to chapter forty-four of the General Laws, 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 3, 1947. 



308 



Acts, 1947. — Chaps. 322, 323. 



Chap.322 An Act relative to the acceleration of the time for 

MAKING RETURN AND PAYMENT OF THE INCOME TAX UNDER 
CERTAIN CIRCUMSTANCES. 

Be it enacted, etc., as follows. • 

Section 1. Section 25 of chapter 62 of the General Laws, 
as appearing in the Tercentenary Edition, is hereby amended 
by striking out the last sentence and inserting in place thereof 
the following sentence : — Every such fiduciary intending to 
make final distribution of an estate or trust before the end 
of any year shall file immediately prior to such distribution 
a return under said section twenty-three of all such income 
received by him and by his decedent during said year and 
prior to such distribution, and the taxes thereon shall be- 
come due and payable forthwith. 

Section 2. Section 37A of said chapter 62, inserted 
by section 2 of chapter 350 of the acts of 1933, is hereby 
amended by striking out, in lines 2, 3 and 4, the words "in 
the case of a person removing from the commonwealth or a 
fiduciary making final distribution" , — so as to read as 
follows : — Section 37 A . Except as otherwise provided in 
section twenty-five, one half of the tax imposed by this 
chapter shall be due and payable in advance of assessment 
at the time when the tax return is required to be filed, and 
the remaining half on October first following. So much of 
each half of said tax as is not paid at its due date shall bear 
interest from said date at the rate of one half of one per cent 
per month, or major fraction thereof, until it is paid, if paid 
prior to assessment, otherwise until the tax as assessed is 
required to be paid. Taxes assessed under sections thirty- 
five, thirty-six and thirty-seven shall include interest as 
provided in this section to the date when the tax so assessed, 
or any unpaid balance thereof, is required to be paid, which 
shall be the thirtieth day following the date of the notice of 
the assessment, if such notice issues after September first 
of the year in which the tax return is required to be filed, or 
on October first next following the date of issue if such notice 
issues on or before said September first. 

Approved May 3, 1947. 



G. L. (Ter. 
Ed.), 62, § 25, 
amended. 



Tax returns 
on estates 
or trusts. 



G. L. (Ter. 
Ed.), 62, 
i 37A, etc.. 
amended. 



Instalment 
payment of 
income 
taxes. 



Chap.32S An Act authorizing the town of orange to use but- 

TERFIELD park, so called, for PLAYGROUND AND ATH- 
LETIC FIELD PURPOSES. 

Be it enacted, etc., as folloios: 

Section 1, The town of Orange is hereby authorized to 
use for the purposes of a public playground, under the pro- 
visions of section fourteen of chapter forty-five of the Gen- 
eral Laws, Butterfield Park, so called, located in said town. 
The planning board of said town, acting as park commis- 
sioners, may set apart and enclose for use as an athletic 
field such portion of said park as they may designate, and. 



Acts, 1947. — Chap. 324. 309 

subject to such terms and conditions as they may impose, 
may allow such field to be used for athletic games and other 
entertainments of a pubHc nature, to which an admission 
fee may be charged. 

Section 2. This act shall take full effect upon its accept- 
ance by the town of Orange at an annual or special town 
meeting called for the purpose, but not otherwise. 

Approved May 3, 1947. 



An Act establishing in the tow^n of Randolph repre- nhn^ 304 

SENTATIVE TOWN GOVERMENT BY LIMITED TOWN MEET- ^' 

INGS. 

Be it enacted, etc., asfolloios: 

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

Section 2. Other than the officers designated in section 
four as town meeting members at large, the representative 
town meeting membership shall in each voting precinct con- 
sist of the largest number divisible by three which will admit 
of a representation thereof in the approximate proportion 
which the number of registered voters therein bears to the 
total number of registered voters in the town, and which 
will cause the total elected membership to be as nearly two 
hundred and forty as may be. The registered voters in every 
such precinct shall, at the first annual town election held 
after the acceptance of this act, and the registered voters of 
any precinct affected by any revision of precincts at the first 
annual town election following such revision, and conform- 
ably to the laws relative to elections not inconsistent with 
this act, elect by ballot the number of registered voters in 
the precinct, other than the officers designated in section 
four as town meeting members at large, provided for in the 
first sentence of this section to be town meeting members 
of the town. The first third, in the order of votes received, 
of members so elected shall serve three years, the second 
third in such order shall serve two years, and the remaining 
third in such order shall serve one year, from the day of the 
annual town meeting. In case of a tie vote affecting the 
division into thirds, as aforesaid, the members elected from 
the precinct shall by ballot determine the same; and there- 
after, except as otherwise provided herein, at each annual 
town election the registered voters of each precinct shall, in 
like manner, elect for the term of three years one third of 
the number of elected town meeting members to which such 
precinct is entitled, and shall at such election fill for the un- 
expired term or terms any vacancy or vacancies then exist- 
ing in the number of elected town meeting members in such 
precinct. The town clerk shall after every election of town 
meeting members forthwith notify each such member by 
mail of his election. 



310 Acts, 1947. — Chap. 324. 

Section 3. After the acceptance of this act the bounda- 
ries of the precincts shall be reviewed, and if need be wholly 
or partially revised, by the selectmen in December once in 
five years, or in December of any year when so directed by 
vote of a representative town meeting held not later than 
November twentieth of that year, but no precinct shall con- 
tain less than four hundred registered voters. 

The selectmen shall, within ten days after any establish- 
ment or revision of the precincts, file a report of their doings 
with the town clerk, the registrars of voters and the assessors, 
with a map or maps or description of the precincts and the 
names and residences of the registered voters therein. The 
selectmen shall also cause to be posted in the town office a 
map or maps or description of the precincts as established 
or revised from time to time, with the names and residences 
of the registered voters therein; and they shall also cause 
to be posted in at least one public place in each precinct a 
map or description of that precinct, with the names and 
residences of the registered voters therein. Any revision of 
the precincts shall take effect upon the date of the filing of 
the report thereof by the selectmen with the town clerk. 
Whenever the precincts are established or revised the town 
clerk shall forthwith give written notice thereof to the state 
secretary, stating the number and designation of the pre- 
cincts. Meetings of the registered voters of the several 
precincts for elections, for primaries, and for voting upon 
any question to be submitted to all the registered voters of 
the town, shall be held on the same day and at the same 
hour and at such place or places within the town as the 
selectmen shall in the warrant for such meeting direct. The 
provisions of chapters fifty to fifty-six, inclusive, of the Gen- 
eral Laws, relating to precinct voting at elections, so far as 
the same are not inconsistent with this act, shall apply to 
all elections and primaries in the town. The terms of office 
of all elected town meeting members from every precinct 
revised as aforesaid shall cease upon the election, as herein 
provided, of their successors. 

Section 4. Any representative town meeting held under 
the provisions of this act, except as otherwise provided 
herein, shall be hmited to the elected town meeting mem- 
bers elected under section two, together with the following, 
designated as town meeting members at large, namely: — 
The town moderator, the town clerk, the selectmen, the town 
treasurer, the town counsel, if a registered voter of the town, 
the town collector of taxes, the chairman of the school com- 
mittee, the chairman of the board of health, the chairman 
of the board of public welfare, the tree warden, the chair- 
man of the board of assessors, the chairman of the finance 
committee, and the chairman of every other board, com- 
mission or committee established in the town by authority 
of the general court. The secretary or clerk of each of such 
boards, commissions and committees, or, if it has no secre- 
tary or clerk, a member thereof, shall file with the town clerk 
a certificate of election of its chairman. 



Acts, 1947. — Chap. 324. 311 

Any elected town meeting member who becomes by ap- 
pointment or election one of the officers designated as town 
meeting members at large shall upon such appointment or 
election cease to be an elected town meeting member. 

Section 5. The town clerk shall notify the town meet- 
ing members of the time and place at which representative 
town meetings are to be held, the notices to be sent by mail 
at least seven days before the meeting. The town meeting 
members, as aforesaid, shall be the judges of the election and 
qualifications of their members. A majority of the town 
meeting members shall constitute a quorum for doing busi- 
ness; but a less number may organize temporarily and 
may adjourn from time to time, but no town meeting shall 
adjourn over the date of an election of town meeting members. 
All town meetings shall be public. The town meeting mem- 
bers as such shall receive no compensation. Subject to such 
conditions as may be determined from time to time by the 
members of the representative town meeting, any registered 
voter of the town who is not a town meeting member may 
speak at any representative town meeting, but shall not 
vote. A town meeting member may resign by filing a 
written resignation with the town clerk, and such resignation 
shall take effect on the date of such filing. A town meeting 
member who removes from the town shall cease to be a town 
meeting member, and an elected town meeting member 
who removes from the precinct from which he was elected 
to another precinct may serve onlj^ until the next annual 
town meeting. 

Section 6. Nomination of candidates for town meeting 
members to be elected under this act shall be made by 
nomination papers, which shall bear no political designation, 
but to the name of a candidate for re-election may be added 
the words "candidate for re-election". Nomination papers 
shall be signed by not less than ten voters of the precinct in 
which the candidate resides, and shall be filed with the town 
clerk at least ten days before the election; provided, that 
any town meeting member may become a candidate for 
re-election by giving written notice thereof to the town 
clerk at least thirty days before the election. No nomination 
papers shall be vaUd in respect to any candidate whose 
written acceptance is not thereon or attached thereto when 
filed. 

Section 7. The articles in the warrant for every town 
meeting, so far as they relate to the election of the moderator, 
town officers and town meeting members, and, as herein 
provided, to referenda, and all matters to be acted upon 
and determined by ballot, shall be so acted upon and deter- 
mined by the registered voters of the town in their respective 
precincts. All other articles in the warrant for any town 
meeting shall be acted upon and determined exclusively by 
town meeting members at a meeting to be held at such time 
and place as shall be set forth by the selectmen in the warrant 
for the meeting, subject to the referendum provided by 
section ten. 



312 Acts, 1947. — Chap. 324. 

Section 8. A moderator shall be elected by ballot at 
each annual town meeting, and shall serve as moderator 
of all town meetings, except as otherwise provided by law, 
until a successor is elected and quaUfied. Nominations for 
and election of a moderator shall be as in the case of other 
elective town officers, and any vacancy in the office may be 
filled by the town meeting members at a meeting held for 
that purpose. If a moderator is absent, a moderator pro 
tempore may be elected by the town meeting members. 

Section 9. Any vacancy in the full number of town 
meeting members from any precinct, whether arising from 
a failure of the registered voters thereof to elect, or from 
any other cause, may be filled, until the next annual election, 
by the remaining members of the precinct from among 
the registered voters thereof. Upon petition therefor, signed 
by not less than ten town meeting members from the precinct, 
notice of any vacancy shall promptly be given by the town 
clerk to the remaining members from the precinct in which 
the vacancy or vacancies exist, and he shall call a special 
meeting of such members for the purpose of filling such 
vacancy or vacancies. He shall cause to be mailed to every 
such member, not less than five days before the time set 
for the meeting, a notice specifying the object, time and 
place of the meeting. At the said meeting a majority of the 
members from such precinct shall constitute a quorum, and 
they shall elect from their own number a chairman and a 
clerk. The choice to fill any vacancy shall be by ballot, 
and a majority of the votes cast shall be required for a 
choice. The chairman and clerk shall count the ballots and 
shall make a certificate of the choice and forthwith file the 
same with the town clerk, together with a written acceptance 
by the member or members so chosen, who shall thereupon 
be deemed elected and qualified as a town meeting member 
or members, subject to the right of all the town meeting 
members to judge of the election and qualifications of the 
members as set forth in section five. 

Section 10. A vote passed by any representative town 
meeting authorizing the expenditure of twenty thousand 
dollars or more as a special appropriation, or establishing a 
new board or office or abolishing an old board or office or 
merging two or more boards or offices, or fixing the term of 
office of town officers, where such term is optional, or in- 
creasing or reducing the number of members of a board, or 
adopting a new by-law, or amending or annulling an exist- 
ing by-law, shall not be operative until after the expiration 
of five days, exclusive of Sundays and holidays, from the 
dissolution of the meeting. If, within said five days, a 
petition, signed by not less than three per cent of the regis- 
tered voters of the town, containing their names and ad- 
dresses as they appear on the list of registered voters, is 
filed with the selectmen asking that the question or questions 
involved in such a vote be submitted to the registered voters 
of the town at large, then the selectmen, after the expiration 



Acts, 1947. — Chap. 324. 313 

of five days, shall forthwith call a special meeting for the 
sole purpose of presenting to the registered voters at large 
the question or questions so involved. The polls shall be 
opened not later than two o'clock in the afternoon and shall 
be closed not earlier than eight o'clock in the evening, and 
all votes upon any questions so submitted shall be taken in 
the several precinct meetings by ballot, and the check list 
shall be used, in the same manner as in the election of town 
officers. The questions so submitted shall be determined 
by a majority vote of the registered voters of the town 
voting thereon, but no action of the representative town 
meeting shall be reversed unless at least twenty per cent of 
the registered voters shall so vote. Each question so sub- 
mitted shall be in the form of the following question, which 
shall be placed upon the official ballot: — "Shall the town 
vote to approve the action of the representative town meeting 
whereby it was voted (brief description of the substance of 
the vote)?" If such petition is not filed within said first 
mentioned period of five days, the vote of the representative 
town meeting shall become operative and effective upon the 
expiration of said period. 

Section 11. The town of Randolph, after the acceptance 
of this act, shall have the capacity to act through and to be 
bound by its town meeting members, who shall when con- 
vened from time to time as herein provided, constitute 
representative town meetings; and the representative town 
meetings shall exercise exclusively, so far as will conform 
to the provisions of this act, all powers vested in the munici- 
pal corporation. Action in conformity with all provisions 
of law now or hereafter applicable to the transaction of town 
affairs in town meeting, shall, when taken by any representa- 
tive town meeting in accordance with the provisions of 
this act, have the same force and effect as if such action had 
been taken in a town meeting open to all the voters of the 
town as organized and conducted before the establishment in 
said town of representative town meeting government. 

Section 12. This act shall not abridge the right of the 
inhabitants of the town of Randolph to hold general meet- 
ings, as secured to them by the constitution of this common- 
wealth; nor shall this act confer upon any representative 
town meeting in said town the power finally to commit the 
town to any measure affecting its municipal existence or 
substantially changing its form of government without 
action thereon by the voters of the town at large, using the 
ballot and the check list therefor. 

Section 13. This act shall be submitted to the registered 
voters of the town of Randolph for acceptance at the annual 
town meeting in the year nineteen hundred and forty-eight. 
The vote shall be taken by ballot in precincts in accordance 
with the provisions of the General Laws, so far as the same 
shall be applicable, in answer to the question which shall be 
placed upon the official ballot to be used for the election of 
town officers: "Shall an act passed by the general court in 



314 Acts, 1947. — Chaps. 325, 326. 

the year nineteen hundred and forty-seven, entitled 'An 
Act establishing in the town of Randolph representative 
town government by Hmited town meetings', be accepted 
by this town?" If accepted by a majority of the voters 
voting thereon, this act shall thereupon take effect for all 
purposes incidental to the next annual town election in said 
town, and shall take full effect beginning with said election. 
Section 14. If this act is rejected by the registered 
voters of the town of Randolph when first submitted to said 
voters under section thirteen, it may again be submitted 
for acceptance in like manner from time to time to such voters 
at any annual town meeting within five years thereafter, 
and, if accepted by a majority of the voters voting thereon 
at such an election, shall thereupon take effect for all pur- 
poses incidental to the next annual town election in said 
town, and shall take full effect beginning with said election. 

Approved May 3, 1947. 

Chap. 325 An Act relative to the election and terms of office 

OF ASSESSORS IN THE TOWN OF DANVERS. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of the General 
Laws to the contrary, the town of Danvers, at the annual 
election in the j^ear next following the year in which this 
act is accepted, shall elect a principal assessor, for a term 
of three years, who shall devote his full time and attention 
to his duties and shall be chairman of the board, and also 
an assessor for a term of two years, and an assessor for a 
term of one year. At each annual election thereafter, the 
town shall elect a principal assessor or an assessor, as the 
case may be, for a term of three years to succeed the principal 
assessor or assessor whose term is about to expire. Upon 
the qualification of the principal assessor and the assessors 
first elected under authority of this act, the terms of office 
of the assessors then in office shall terminate. 

Section 2. This act shall take full effect upon its ac- 
ceptance by said town at an annual or special town meeting 
held in the year nineteen hundred and forty-seven or nine- 
teen hundred and forty-eight, but not otherwise. 

Approved May 3, 19If7. 

C/iap. 326 An Act relative to certain assignments to the state 

STAFF OF THE ORGANIZED MILITIA. 

Be it enacted, etc., as follows: 

EdVaJlie Section 1. Section 16 of chapter 33 of the General Laws, 
etc!, 'amended', as most recently amended by chapter 311 of the acts of 

1946, is hereby further amended by adding at the end the 

following paragraph : — 
^itl^onai (^^ ^^ person shall be assigned, detailed or appointed 

guarT'' to a position as a commissioned officer on the state staff, 

ofl5cer8 may 



Acts, 1947. — Chap. 327. 315 

except in case of national emergency, unless he shall be be on state 



eligible for federal recognition as a national guard officer 
in the rank or grade to which he is to be assigned, detailed 
or appointed. 

Section 2. Nothing in this act shall affect the status of 
officers on the state staff of the organized militia immediately 
prior to the effective date of this act. 

Approved May 3, 1947. 

An Act revising the charter of the city of north 

ADAMS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 148 of the acts of 1895 is hereby 
amended by striking out section 4, as amended, and in- 
serting in place thereof the following section: — Section 4- 
The municipal election shall take place biennially on the 
first Tuesday after the first Monday of November, beginning 
with the year nineteen hundred and forty-nine. The munici- 
pal year shall begin on the first Monday of January of each 
year. All meetings of the citizens for municipal purposes 
shall be called by notices issued by order of the city council. 

Section 2. Said chapter 148 is hereby further amended 
by striking out section 5, as amended, and inserting in 
place thereof the following section: — Section o. At such 
municipal election, except as herein otherwise provided, 
the qualified voters shall give in their votes by ballot in the 
several wards for a mayor, and for such of the councilmen 
and members of the school committee, of the board of library 
trustees and of the board of assessors as are then to be elected, 
and the person receiving the highest number of votes for 
any office shall be deemed and declared to be elected to such 
office; and whenever two or more persons are to be elected 
to the same office, the several persons up to the number re- 
quired to be chosen receiving the highest number of votes 
shall be deemed and declared to be elected. All elected 
officials shall hold office until their successors are qualified. 

If it shall appear that there is no choice of mayor, or if 
the person elected mayor shall refuse to accept the office, 
or shall die before qualifjang, or if a vacancy in said office 
shall occur subsequently and more than six months previous 
to the expiration of his term of office, the city council shall 
forthwith cause notice to be issued for a new election, to be 
held as soon as may be thereafter, to fill such unexpired 
term, and the same proceedings shall be had in all respects 
as hereinbefore provided for the election of mayor, and shall 
be repeated until the election of a mayor is completed. 

If the full number of members of the city council has not 
been elected, or if a vacancy in the office of councilman shall 
occur subsequently and more than six months previous to 
the expiration of his term of office, the council may forth- 
with, except as herein otherwise provided, elect some person 
to fill such vacancy until the next biennial municipal election. 



staff. 



Chap.S27 



316 Acts, 1947. — Chap. 327. 

Section 3. Said chapter 148 is hereby further amended 
by inserting after section 5 the following section : — Sec- 
tion 5 A. The board of assessors shall consist of three mem- 
bers who shall be elected at large by the voters of the city 
as follows : — 

At the biennial municipal election in the year nineteen 
hundred and forty-nine there shall be elected two members 
for a term of four years, and one member for a term of two 
years, beginning with the first Monday of January next 
following their election, and biennially thereafter there 
shall be elected one or two members, as the case may be, to 
fill the vacancy or vacancies that will occur on the first 
Monday in January next following such election by the 
expiration of term, for a term of four years beginning with 
said first Monday. Any vacancy which shall occur in the 
board of assessors otherwise than by expiration of term 
shall be filled by the city council in the manner provided in 
section three of chapter thirty-nine of the General Laws 
until the next biennial municipal election and the qualifica- 
tion of a successor elected thereat for the balance of the 
unexpired term. If there is a tie vote for assessor at any 
election the city council, by vote of a majority of its mem- 
bers, shall declare one of ithe candidates for whom the tie 
vote has been cast to be elected. If it appears that there is 
no choice of assessor for any other reason, the city council 
shall proceed as in the case of a vacancy. The board of 
assessors shall be entitled to choose a clerk who shall not be 
one of their own number. 

Section 4. Said chapter 148 is hereby further amended 
by striking out section 9 and inserting in place thereof the 
following section : — Section 9. The city council shall con- 
sist of twenty-one councilmen who shall be elected at large 
by the voters of the city as follows : — 

At the biennial municipal election in the year nineteen 
hundred and forty-nine there shall be elected eleven mem- 
bers for a term of four years, and ten members for a term of 
two years, beginning with the first Monday of January next 
following their election, and biennially thereafter there 
shall be elected the numi)er of members necessary to fill the 
vacancies that will occur on the first Monday in January 
following such election, for a term of four years beginning 
with said first Monday. 

At the biennial municipal election in the year nineteen 
hundred and forty-nine no voter shall vote for more than 
seven of the number of councilmen to be elected thereat 
for the term of four years, or for more than seven of the 
number of councilmen to be elected thereat for the term 
of two years, and the number then to be elected for each 
term having the highest number of votes shall be declared 
elected. At each biennial municipal election thereafter no 
voter shall vote for more than seven of the number of council- 
men to be elected thereat for the term of four years and the 
number then to be elected having the highest number of 
votes shall be declared elected. 



Acts, 1947. — Chap. 327. 317 

In voting for councilmen to fill vacancies for the remainder 
of unexpired terms a voter may vote for the number of 
councilmen necessary to fill such vacancies in addition to 
the number above provided. 

On the second Tuesday prior to every biennial municipal 
election the city clerk shall determine by lot the order in 
which the names of the candidates for election thereat to 
the city council shall appear on the ballot. The candidates 
shall be notified of such drawing and shall be allowed to be 
present thereat in person or by their representatives. 

A majority of the members of the city council shall con- 
stitute a quorum for the transaction of business. The city 
council shall annually, at the first meeting in January, elect 
by ballot one of their members president of the council. 

Section 5. Said chapter 148 is hereby further amended 
by striking out section 32 and inserting in place thereof the 
following section : — Section 82. The school committee 
shall consist of the mayor and six members elected at large 
as follows : — 

At the biennial municipal election in the year nmeteen 
hundred and forty-nine there shall be elected three members 
for a term of four years, and three members for a term of 
two years, beginning with the first Monday of January next 
following their election, and biennially thereafter there shall 
be elected three members for a term of four years, beginning 
with said first Monday. 

If there is a tie vote for school committeeman at any 
election the city council, by a vote of the majority of its 
members, shall declare one of the candidates for whom the 
tie vote has been cast to be elected.. If it appears that there 
is no choice for school committeeman for any other reason, 
proceedings shall be had as in the case of a vacancy. No 
member of the school committee, except the mayor, shall, 
while such a member, hold any other salaried office in or 
under the city government. 

Section 6. Said chapter 148 is hereby further amended 
by striking out section 34, as amended, and inserting in 
place thereof the following section: — Section 34. There 
shall be the following administrative officers who shall 
perform the duties by law and hereinafter prescribed for 
them respectively, and such further duties not inconsistent 
with the nature of their respective offices as the city council 
has heretofore prescribed or may hereafter prescribe : — 

1. A commissioner of public works. 

2. A city treasurer, who shall also be the collector of taxes. 

3. A city solicitor. 

4. A chief of police. 

5. A chief of the fire department, who shall also be the 
assistant inspector of buildings. 

6. A welfare commissioner, who shall exercise and dis- 
charge all of the powers and duties prescribed by law for 
boards of public welfare and welfare agents. He shall also be 
the city almoner. 

7. A city physician. 



318 Acts, 1947. — Chap. 327. 

8. A board of health consisting of three persons who shall 
have control of the enforcement of the regulations relative to 
plumbing. 

9. A board of license commissioners as prescribed in 
chapter one hundred and thirty-eight of the General Laws. 

10. A commissioner of cemeteries who shall have the care, 
superintendence and management of public burial places. 

Except as otherwise provided by general or special law, 
the foregoing officers shall be appointed by the mayor for 
terms of two years each, beginning with the second Monday 
in January following the biennial municipal election at which 
he was elected, unless they are sooner removed, and until 
their respective successors are qualified. They shall be 
sworn or affirmed to the faithful discharge of the duties of 
their respective offices, which oath or affirmation shall be 
filed in the office of the city clerk. 

The commissioner of public works shall have authority to 
appoint a city engineer who shall be inspector of buildings, 
a clerk and such assistants as he may deem necessary from 
time to time for carrying on the work of the pubUc works 
department. 

Section 7. Section 37 of said chapter 148, as amended, 
is hereby further amended by striking out clause (6) and 
inserting in place thereof the following clause : — 

(6) Of the construction, alteration, repair and care of 
public buildings, except that the care, construction, altera- 
tion and repair of all school buildings and the public library 
shall remain under the control of the school committee and 
the board of trustees of the public library, respectively. 

Section 8. Said chapter 148 is hereby further amended 
by striking out section 41 and inserting in place thereof the 
following section : — Section Jfl . The trustees of the public 
library shall consist of three members who shall be elected 
at large by the voters of the city as follows : — 

At the biennial municipal election in the year nineteen 
hundred and forty-nine one member shall be elected for a 
term of six years, one member for a term of four years, and 
one member for a term of two years, beginning with the 
first Monday of January next following their election, and 
biennially thereafter one member shall be elected for a term 
of six years, beginning with said first Monday. The trustees 
of the public Hbrary shall have the care and management 
of the public library. Any vacancy which shall occur in the 
board of trustees of the public library otherwise than by 
expiration of term shall be filled by the city council in the 
manner provided in section three of chapter thirty-nine of 
the General Laws until the next biennial municipal election 
and the qualification of the trustee elected thereat for the 
balance of the unexpired term. If there is a tie vote for 
trustee of the public library at any election the city council, 
by vote of a majority of its members, shall declare one of the 
candidates for whom the tie vote has been cast to be elected. 
If it appears that there is no choice of trustee of the public 



Acts, 1947. — Chap. 328. 319 

library for any other reason, the city council shall proceed as 
in the case of a vacancy. 

Section 9. Said chapter 148 is hereby further amended 
by striking out section 46, as amended, and inserting in 
place thereof the following section : — Section J^B. The com- 
pensation of members of the police department and the fire 
department and of all other persons not employed by boards 
or heads of departments shall be established by a two thirds 
vote of all members of the city council, with the approval 
of the mayor. No new salaried office shall be established 
except as required by law. 

Section 10. So much of said chapter 148, and acts in 
amendment thereof or in addition thereto, as is inconsistent 
with the provisions of this act, is hereby repealed. 

Section 11. No regular municipal election shall be held 
in said city in the year nineteen hundred and forty-eight. 
The term of all elected officers whose term of office expires 
prior to the first Monday of January in the year nineteen 
hundred and fifty shall be extended to the said first Monday, 
and the term of all officers elected in the year nineteen hun- 
dred and forty-seven shall expire on said first Monday. 

Section 12. This act shall be submitted for acceptance 
to the registered voters of the city of North Adams at the 
next regular municipal election in the form of the following 
question, which shall be placed upon the official ballot to 
be used at said election: "Shall an act passed by the general 
court in the year nineteen hundred and forty-seven, entitled 
'An Act revising the charter of the city of North Adams', 
which, among other things, provides for biennial municipal 
elections, establishes the office of commissioner of cemeteries, 
and provides that the mayor shall be a member of the school 
committee, be accepted?" If a majority of the voters 
voting thereon vote in the affirmative in answer to said 
question, this act shall thereupon take full effect for the 
nomination and election of municipal officers in the year 
nineteen hundred and forty-nine, and for all other purposes 
it shall take full effect upon the organization of the city 
government on the first Monday of January, nineteen 
hundred and fifty. Approved May 3, 1947. 



An Act authorizing the chief of the police depart- Qfiaj) 328 

MENT of the city of CAMBRIDGE TO APPOINT A TRIAL 
BOARD, AND DEFINING THE POWERS AND DUTIES OF SAID 
BOARD. 

Be it enacted, etc., as follows: 

Section 1. The chief of the police department of the 
city of Cambridge is hereby authorized to appoint a trial 
board, consisting of three officers of said department, to 
hear the evidence in such complaints against members of 
the force as the chief may deem advisable to refer to said 
board. Said board shall report its findings to said chief, 



320 



Acts, 1947. — Chaps. 329, 330. 



who may review the same but shall make no change in such 
findings except to reverse any finding of guilty or to revoke 
or reduce the punishment, if any, recommended by said 
board. 

Section 2. Nothing in this act shall be deemed to de- 
prive any member of the police department of the city of 
Cambridge of any right provided by sections forty-three 
and forty-five of chapter thirty-one of the General Laws. 

Approved May 3, 1947. 



Chap. 329 An Act determining the components of the land forces 

OF THE commonwealth. 

Be it enacted, etc., as follows. ' 

Section 1. Chapter 33 of the General Laws is hereby 
amended by striking out section 66, as amended by section 6 
of chapter 35 of the acts of 1943, and inserting in place 
thereof the following section: — Section 66. The land forces 
shall consist of the active national guard, the inactive na- 
tional guard, retired officers, and such other units, officers 
and soldiers as the commander-in-chief may from time to 
time prescribe, and, whenever necessary, a state guard or 
similar military organization composed as prescribed by the 
commander-in-chief. 

Section 2. Section 68 A of said chapter 33, inserted by 
section 7 of said chapter 35, is hereby repealed. 

Approved May S, 1947. 



G. L. (Ter. 
Ed.). 33, § 66, 
etc., amended. 



Components 
of state land 
forces. 



G. L. (Ter. 
Ed.), 33, 
§68A, 
repealed. 



C/iap. 330 An Act relative to the qualifications of major gen- 
erals AND brigadier GENERALS OF THE LAND FORCES. 

Be it enacted, etc., as follows: 

Subdivision (k) of section 76 of chapter 33 of the General 
Laws, as appearing in section 1 of chapter 425 of the acts of 
1939, is hereby amended by striking out the first three para- 
graphs and inserting in place thereof the following two para- 
graphs : — 

A major general commanding a division shall be appointed 
by the commander-in-chief from the brigadier generals of 
the line who have had active service for at least two years 
as brigadier generals. 

Brigadier generals of the line shall be appointed by the 
commander-in-chief, upon recommendation of their superior 
commander, if any, from colonels or lieutenant colonels who 
have had active service for at least two years as such colonels 
or lieutenant colonels. Approved May 3, 1947. 



G. L. (Ter. 
Ed.). 33. § 76, 
etc., amended. 



Major 

generals, 

appointment 



Brigadier 
generals, 
appointment 
of. 



Acts, 1947. — Chaps. 331, 332. 321 



An Act relative to the qualifications and conditions Chap. SSI 

REQUIRED FOR THE RETIRED LIST OF THE MASSACHUSETTS 
ORGANIZED MILITIA. 

Be it enacted, etc., as follows: 

Chapter 33 of the General Laws is hereby amended bj^ g. l. (Ter. 
striking out section 84, as appearing in section 1 of chapter ^tc"! 'amended! 
425 of the acts of 1939, and inserting in place thereof 
the following section: — Section 84- Any commissioned Ret^ement 
officer in the military service of the age of sixty-four shall be ° ° 
discharged, or, upon his own request, placed upon the re- 
tired list with the highest rank held by him in the active 
military service. 

An officer upon the retired list accepting a commission 
in the active military forces of the commonwealth may again 
be placed upon said retired list, at his own request, with the 
rank then held by him, his former rank on the retired list, 
or any lower rank. 

Any officer of the organized militia, with five years or more 
commissioned service and service in time of war in the armed 
forces of the United States or fifteen years total commis- 
sioned service, may be placed upon the retired list with any 
rank held by him in the active military service or one grade 
higher, but in any case not to exceed the rank of major 
general. Approved May S, 1947. 



An Act prohibiting the granting or an exclusive con- Chav. SS2 

TRACT, LICENSE, PERMIT OR FRANCHISE FOR THE TRANS- 
PORTA TI ON OF PASSENGERS AT OR ON AIRPORTS WHICH 
ARE PUBLICLY OWNED OR CONTROLLED OR CONSTRUCTED 
WHOLLY OR PARTLY WITH PUBLIC FUNDS. 

Whereas, The deferred operation of this act would in Emergency 
part tend to defeat its purpose, which is to make available P'''^a'"bie. 
without delay necessary and convenient transportation at 
or on publicly owned airports, 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 90 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 51L, inserted by section 1 of chapter f siM^addJd. 
613 of the acts of 1946, the following section: — Sedton Exclusive 
51 M. Neither the commonwealth nor any city, town or"ghtto 
other authority shall give or grant any contract, license, delfverpL- 
permit or franchise to any person for the transportation of pu^frafrport 
persons for hire by a public or private carrier, or to any prohibited, 
person engaged in the business of leasing motor vehicles 
under the "drive-it-yourself " system, so called, or any simi- 
lar system, which contract, license, permit or franchise by 
its terms purports to give to such a person, public carrier, 
private carrier or lessor, as the case may be, an exclusive 



322 



Acts, 1947. — Chaps. 333, 334. 



right to receive or deliver passengers or engage in said 
business of leasing motor vehicles at or on the property of 
any publicly owned or controlled airport or any airport con- 
structed in whole or in part with federal, state or other 
public funds. Approved May 5, 1947. 



Chap.SSS An Act to limit the time within which certain actions 

TO RECOVER BACK WAGES MAY BE COMMENCED. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 260, ne 
§ 4A, added. 



Tirae for 
bringing 
actions for 
back wages 
limited. 



Whereas, Certain judicial interpretations of certain fed- 
eral acts have changed the official interpretation of the law 
prevailing at the time wages were paid so that certain em- 
ployers within the commonwealth are being subjected to a 
multiplicity of suits for back wages for which they were 
formerly not liable; and 

Whereas, Many such employers may be forced into bank- 
ruptcy and liquidation by the collection of such back wages, 
damages and expenses previously not anticipated, and the 
deferred operation of this act would tend to defeat its pur- 
pose, which in part is to limit immediately the time within 
which such actions may be commenced; 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 1. Chapter 260 of the General Laws is hereby 
amended by inserting after section 4, as most recently 
amended by section 4 of chapter 409 of the acts of 1943, the 
following section : — Section J^A . Actions to recover back 
wages based upon any judicial interpretation of a state or 
federal statute differing from or overruling a previous inter- 
pretation of the same shall be commenced only within one 
year next after the date of such new judicial interpretation. 

Section 2. Actions to recover back wages based upon 
any judicial interpretation of a state or federal statute dif- 
fering from or overriding a previous interpretation of the 
same shall, if such new judicial interpretation was made 
prior to the effective date of this act, be commenced only 
within one year next after such effective date. 

Approved May 6, 19Jf7. 



Chap.SSA An Act relative to the employment of mechanics, 

TEAMSTERS, CHAUFFEURS AND LABORERS IN THE CON- 
STRUCTION OF PUBLIC WORKS BY THE COMMONWEALTH 
OR BY A COUNTY, TOWN OR DISTRICT. 



Emergency 
preamble. 



Whereas, The deferred operation of this act would result 
in unnecessarily delaying the time when certain regular pub- 
lic employees would receive the benefits provided thereby, 
therefore it is hereby declared to be an emergency law, nec- 
essary for the immediate preservation of the public con- 
venience. 



Acts, 1947. — Chap. 334. 323 

Be it enacted, etc., as follows: 

Section 26 of chapter 149 of the General Laws, as most o. l. (Ter. 
recently amended by section 46 of chapter 591 of the acts ftl^'ameAded^' 
of 1946, is hereby further amended by striking out the last 
sentence of the first paragraph, as appearing in chapter 461 
of the acts of 1935, and inserting in place thereof the follow- 
ing : — This section shall also apply to regular employees of 
the commonwealth or of a county, town or district, when 
such employees are employed in the construction, addition 
to or alteration of public buildings for which special appro- 
priations of more than one thousand dollars are provided, 
— so as to read as follows : — Section 26. In the employ- Preference to 
ment of mechanics, teamsters, chauffeurs and laborers in the cftizen^in'^'^ 
construction of public works l3y the commonwealth, or by a p"^'''= *°'''^- 
county, town or district, or by persons contracting or sub- 
contracting for such works, preference shall first be given 
to citizens of the commonwealth who have served in the 
army or navy of the United States in time of war and have 
been honorably discharged therefrom or released from active 
duty therein, and who are qualified to perform the work to 
which the employment relates; and secondly, to citizens of 
the commonwealth generally, and, if they cannot be ob- 
tained in sufficient numbers, then to citizens of the United 
States, and every contract for such work shall contain a pro- 
vision to this effect. Each county, town or district in the 
construction of public works, or persons contracting or sub- 
contracting for such works, shall give preference to veterans 
and citizens who are residents of such county, town or dis- 
trict. The rate per hour of the wages paid to said mechanics, wages, 
teamsters, chauffeurs and laborers in the construction of 
public works shall not be less than the rate or rates of wages 
to be determined by the commissioner as hereinafter pro- 
vided; provided, that the wages paid to laborers employed 
on said works shall not be less than those paid to laborers in 
the municipal service of the town or towns where said works 
are being constructed; provided, further, that where the 
same public work is to be constructed in two or more towns, 
the wages paid to laborers shall not be less than those paid 
to laborers in the municipal service of the town paying the 
highest rate; provided, further, that if, in any of the towns 
where the works are to be constructed, a wage rate or wage 
rates have been established in certain trades and occupa- 
tions by collective agreements or understandings between 
organized labor and employers, the rate or rates to be paid 
on said works shall not be less than the rates so established ; 
provided, further, that in towns where no such rate or rates 
have been so established, the wages paid to mechanics, team- 
sters, chauffeurs and laborers on public works, shall not be 
less than the wages paid to the employees in the same trades 
and occupations by private employers engaged in the con- 
struction industry. This section shall also apply to regular 
employees of the commonwealth or of a county, town or 
district, when such employees are employed in the construe- 



324 



Acts, 1947. — Chap. 335. 



tion, addition to or alteration of public buildings for which 
special appropriations of more than one thousand dollars 
are provided. 

Permanent and temporary laborers employed by the state 
department of pubUc works and by the metropolitan district 
commission shall receive such salary or compensation as may 
be fixed under and in accordance with sections forty-five to 
fifty inclusive of chapter thirty. Approved May 5, 1947. 



Chap. S35 An Act establishing the office of second assistant 

CLERK IN THE DISTRICT COURT OF SPRINGFIELD. 



Be it enacted, etc., as follows: 



G. L. (Ter. 
Ed.), 218, § 10, 
etc., amended. 



Assietant 
clerks in dis 
trict courts. 



Section 1. The first paragraph of section 10 of chapter 
218 of the General Laws, as most recently amended by chap- 
ter 182 of the acts of 1946, is hereby further amended by in- 
serting after the word "Essex" in line 26 the words: — , the 
district court of Springfield, — so as to read as follows: 
— The clerk of a district court may, subject to the approval 
of the 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. Assistant clerks with salaries payable by the county 
may be appointed in the central district court of northern 
Essex, the municipal court of the Charlestown district, the 
municipal 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 preceding, a population of sixty thousand or more. 
Second assistant clerks with salaries payable by the county 
may be appointed in the municipal court of the Roxbury 
district, the East Boston district court, the municipal court 
of the Charlestown 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 commissioners, in the first district court of 
eastern Middlesex, the third district court of eastern Middle 
sex, the district court of southern Essex, the district court 
of Springfield, the second district court of Bristol, the third 
district court of Bristol and the district court of East Norfolk. 
Effective upon Section 2. This act shall take full effect upon its ac- 
acceptance. ccptancc duriiig the current year by vote of the county 
commissioners of the county of Hampden, but not otherwise. 

Approved May 5, 1947. 



Acts, 1947. — Chaps. 336, 337. 325 

An Act providing for the abolition by the depart- C}iap,S36 

MENT OF PUBLIC WORKS, BY THE USE OF FEDERAL FUNDS, 
OF CERTAIN GRADE CROSSINGS IN THE TOWN OF BELMONT. 

Be it enacted, etc., as follows : 

If and when funds sufficient to meet the cost of the work 
hereinafter referred to have been made available under the 
provisions of any federal statute, the department of public 
works is hereby authorized to abolish the present grade 
crossings over the location of the Boston and Maine Rail- 
road in the town of Belmont at Trapelo road and Lexington 
street. Approved May 5, 1947. 



An Act authorizing the attorney general to settle nhnj) 337 

CERTAIN claims AGAINST STATE OFFICERS AND EMPLOYEES ^' 

FOR PERSONAL INJURIES AND PROPERTY DAMAGE WITHOUT 
THE NECESSITY OF SUIT BEING BROUGHT. 

Be it enacted, etc., as follows: 

Chapter 12 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 3B the following section : — Sec- f'^c] added"!* 
tion 3C. Any officer or employee of the commonwealth, Attorney 
or of the metropolitan district commission, may file with the general 
attorney general a writing requesting the attorney general se'ttie^ertain 
to represent him in connection with a claim against him for atotToffiwrT* 
bodily injuries or for damage to property, arising out of his and employees. 
operation of a motor vehicle or other vehicle owned by the 
commonwealth, including one under the control of said 
commission, and stating that he thereby authorizes any 
decision that the attorney general may make relative to a 
settlement of such claim. Upon such request and authoriza- 
tion, and whether or not suit has been brought upon such a 
claim, the attorney general, if after investigation it appears 
to him that such officer or employee, at the time the claim 
arose, was acting within the scope of his official duties or 
employment, and that the claimant is entitled to damages, 
may settle such claim for such amount, not exceeding five 
hundred dollars on account of bodily injury to one person, 
and not exceeding three hundred dollars on account of damage 
to property, as he shall determine to be just and reasonable. 

If a release approved by the attorney general, given on a 
final settlement of such a claim, is presented to the state 
treasurer, together with a certificate of the attorney general 
certifying that said release was given in accordance with 
the provisions of this section, there shall be paid from the 
state treasury, from such appropriation as may be made 
therefor by the general court, the amount of the consideration 
stated in such release. Approved May 5, 1947. 



326 



Acts, 1947. — Chaps. 338, 339. 



G. L. (Ter. 
Ed.). 53, § 45, 
etc., amended. 



Nomination 

paper, 

contents. 



Chap.SSS An Act relative to information appearing on certain 

NOMINATION PAPERS. 

Be it enacted, etc., as follows: 

Section 1. Section 45 of chapter 53 of the General Laws, 
as most recently amended by section 2 of chapter 537 of 
the acts of 1946, is hereby further amended by adding at 
the end of the first paragraph, as appearing in section 7 of 
chapter 337 of the acts of 1941, the following: — ; and, if 
he is a veteran as defined in section twenty-one of chapter 
thirty-one of the General Laws, the word "veteran" may be 
used, — so that said paragraph will read as follows : — Every 
nomination paper shall state, in addition to the name of the 
candidate, (1) his residence, with street and number thereof, 
if any, (2) the office for which he is nominated, and (3) the 
political party whose nomination he seeks, and the paper 
may state, in not more than eight words, the public offices 
which he holds or has held, showing clearly that he is a 
former incumbent thereof if such is the case and, if he is an 
elected incumbent of an office for which he seeks renomina- 
tion, that he is a candidate for such renomination ; and, if he is 
a veteran as defined in section twenty-one of chapter thirty- 
one of the General Laws, the word "veteran" may be used. 

Section 2. Section 70D of said chapter 53, inserted by 
section 21 of chapter 473 of the acts of 1938, is hereby 
amended by striking out the fourth sentence and inserting 
in place thereof the two following sentences : — Section forty- 
five shall apply to such papers for candidates to be voted 
for at presidential primaries except that they shall not con- 
tain the eight word statement referred to in said section; 
provided, that a candidate for delegate or alternate dele- 
gate to a national convention may state in not more than 
eight words, including the statement of preference for presi- 
dent referred to in section seventy E, the public offices which 
he holds or has held, showing clearly that he is a former in- 
cumbent thereof, if such is the case. Nomination papers 
may contain the name of more than one candidate for dele- 
gate or alternate delegate or for members of ward and town 
committees. Approved May 5, 1947. 



G. L. (Ter. 
Ed.), 53, 
§ 70D, etc., 
amended. 

Nomination 
papers of 
candidates for 
delegates. 



Chap.SS9 An Act relative to a scholarship fund for graduates 

OF THE HINGHAM HIGH SCHOOL. 

Be it enacted, etc., as follows: 

Section 1, The action of the town of Hingham in voting 
at its annual town meeting in nineteen hundred and forty- 
six : — That the town raise and appropriate the sum of 
ten thousand dollars to provide a scholarship fund for gradu- 
ates of the Hingham high school who wish to pursue ad- 
vanced studies in history, government or sociology (or all 
three) and that the school committee be instructed to find 
the best ways of awarding scholarships from this fund so 



Acts, 1947. — Chap. 340. 327 

that the fund will be a fitting memorial to veterans of World 
War II — is hereby validated and confirmed to the same 
extent and with the same effect as if the action aforesaid 
was then authorized by law. 

Section 2. Said town is hereby authorized to provide 
for election by the town or appointment by its selectmen of 
a board of trustees, of such number as the town shall by 
vote determine, to administer said fund, which shall be held 
in the custody of the town treasurer, together with any con- 
tributions thereto from private sources, which contributions 
the town, or the trustees for it, may from time to time receive. 
The town may fix the terms of office of said trustees, and 
establish other provisions of the trust not inconsistent here- 
with. Approved May 5, 1947. 

An Act to clarify and amend the laws providing an nhnv S40 

IMPROVED METHOD OF MUNICIPAL PLANNING. ^' 

Be it enacted, etc., as follows: 

Section 1. Section 70 of chapter 41 of the General gl. (Ter 
Laws, as amended, is hereby further amended by striking etc;, 'amended. 
out the letter "A" at the end of the paragraph inserted 
by section 1 of chapter 211 of the acts of 1936 and inserting 
in its place the letter: — B, — so that said paragraph will 
read as follows: — 

No planning board shall be established under this section Existing 
after December thirty-first, nineteen hundred and thirty- |^|fa"d8°fj, 
six, but any such board established under this section or continue. 
corresponding provisions of earlier laws and existing on said 
date shall continue until its existence is terminated under 
section eighty-one B. 

Section 2. Section 72 of said chapter 41, as amended, q. l. (Ter. 
is hereby further amended by striking out the letter "J" in ^tl! 'amended. 
line 3 and inserting in place thereof the letter : — Y, — so 
that the first sentence will read as follows : — Cities and Ordinances 
towns may make ordinances and by-laws for carrying out by-iaws. 
the purposes of section seventy and of sections eighty-one A 
to eighty-one Y, inclusive, and they may appropriate money 
therefor. 

Section 3. Section 73 of said chapter 41, as amended, o l. (Ter. 
is hereby further amended by striking out the letter "A" etc., 'amended', 
at the end of the paragraph inserted by section 3 of said 
chapter 211 and inserting in place thereof the letter: — B, — 
so that said paragraph will read as follows : — 

No board of survey shall be established under this section Existing 
after December thirty-first, nineteen hundred and thirty- ^^^^y °l 
six; but any such board established under this section or continue. 
corresponding provisions of earlier laws or by a special act 
and existing on said date shall continue until its existence 
is terminated under section eighty-one B. 

Section 4. Said chapter 41 is hereby further amended Ed.^'Tf^' 
by striking out sections 81A to 81J, inclusive, inserted by is.siAtosu. 
section 4 of said chapter 211, and inserting in place thereof and^rsiA' 

to81Y,> 
inserted. 



328 



Acts, 1947. — Chap. 340. 



Planning 
boards, 
establishment 
of. 



Selectmen 
to act in 
small towr 



Termination 
of existing 
boards. 



the 25 following sections, under the heading improved 
METHOD OF MUNICIPAL PLANNING: — Sectiou 81A. Any 
city except Boston, and, except as hereinafter provided, any 
town may at any time establish a planning board hereunder. 
Every town not having any planning board shall, upon 
attaining a population of ten thousand, so establish a planning 
board under this section. A planning board established 
hereunder shall consist of not less than five nor more than 
nine members. Such members shall in cities be appointed 
by the mayor, subject to confirmation by the city council 
and in towns be elected at the annual town meeting; pro- 
vided, that a town which has a planning board established 
under section seventy may, at an annual town meeting or at a 
special town meeting called for the purpose, vote to establish 
a planning board under this section and may provide that 
the members of the planning board then in office shall serve 
as members of the planning board under this section until 
the next annual town meeting. When a planning board is 
first established or when the terms of members of the planning 
board established under section seventy serving as members 
of the planning board under this section expire, as the case 
may be, the members of the planning board under this sec- 
tion shall be elected or appointed for terms of such length 
and so arranged that the term of at least one member will 
expire each year; and their successors shall be elected or 
appointed for terms of five years each. Any member of a 
board so established in a city may be removed for cause, 
after a public hearing, by the mayor, with the approval of 
the city council. A vacancy occurring otherwise than by 
expiration of term shall be filled for the unexpired term, in a 
city, in the same manner as an original appointment, and, 
in a town, as provided in section eleven. Such a board shall 
elect annually a chairman and a clerk from among its own 
number, and may employ experts and clerical and other 
assistants. It may appoint a custodian of its plan and 
records, who may be the city engineer or town clerk. 

Towns of less than ten thousand inhabitants, having no 
planning board established under this section may, by vote 
of the town meeting, authorize the board of selectmen to 
act as a planning board under this section until such a board 
is established; provided, that any such town, upon attaining 
a population of ten thousand, shall establish a planning 
board hereunder. 

Section 81 B. In any city or town in which a planning 
board is established under section eighty-one A, if any of the 
powers and duties of planning boards or boards of survey 
are being exercised and performed by a planning board 
established under section seventy or corresponding ^ pro- 
visions of earlier laws, or by a board of survey established 
under section seventy-three or corresponding provisions 
of earlier laws or by a special act, or by the board of select- 
men acting as a planning board, or by any other board, all 
such powers and duties shall cease to exist, when the mem- 



Acts, 1947. — Chap. 340. 329 

bers of the planning board established in such city or town 
under section eighty-one A take office; and thereupon the 
planning board established therein under section eighty-one A 
shall have and exercise all the powers and duties theretofore 
conferred and imposed by general law upon planning boards 
and boards of survey in cities and towns, as the case may be, 
and all the powers and duties of any such board thereto- 
fore conferred and imposed by special law upon any board 
of the city or town, with respect to any matters pending 
before any of said boards at the time of the establishment 
of the planning board in such city or town under section 
eighty-one A, as well as the powers imposed by this section 
and sections eighty-one C to eighty-one Y, inclusive. The 
officer or person having custody of the records or plans, or 
both, of the former board shall turn them over to the officer 
or person entitled to custody of the records and plans of the 
planning board established under section eighty-one A. 

Section 81C. The planning board estabhshed under sec- Duties of 
tion eighty-one A shall from time to time make careful ^^''J'rd "^ 
studies and when necessary prepare plans of the resources, 
possibilities and needs of the city or town, and, upon the 
completion of any such study, shall submit to the city council 
or selectmen a report thereon, with its recommendations. 
It shall report annually to the city council or to the annual 
town meeting, giving information regarding the condition 
of the city or town and any plans or proposals for its devel- 
opment and estimates of the cost thereof, and shall at the 
same time furnish a copy of its report to the state planning 
board. The planning board of a town established under 
section eighty-one A may be authorized by vote of a town 
meeting to act as park commissioners therein, and may be 
vested with all the powers and duties of park commissioners 
in towns. 

Section 81D. A planning board established in any city or Board shall 
town under section eighty-one A shall make a master or [^an^ordty'^ 
study plan of such city or town or such part or parts thereof or town. 
as said board may deem advisable and from time to time 
may extend or perfect such plan. Such plan shall show, 
among other things, existing and desirable proposed public 
ways, street grades, public places, bridges and tunnels, via- 
ducts, parks, parkways, playgrounds, sites for public build- 
ings and structures, building and zoning districts, pierhead 
and bulkhead lines, waterways, routes of railroads, buses 
and ferries, and locations of sewers, water conduits and other 
public utilities, and other pertinent features of such a plan, 
including existing private ways. Such plan shall be made, 
and may be added to or changed from time to time, by a 
majority vote of such planning board and shall be a public 
record. 

Section 81 E. Each city or town having a plannmg board city or town 
established under section eighty-one A may, by action of its Sfficiri*^map. 
city council or town meeting adopt an official map, prepared 
under the direction of such planning board and showing the 



330 



Acts, 1947. — Chap. 340. 



Changes 
in ofHcial 
map. 



Powers of 
selectmen, 
etc., not to be 
abridged. 



public ways and parks therein as theretofore laid out and 
established by law and the private ways then existing and 
used in common by more than two owners. Such official 
map is hereby declared to be established to conserve and 
promote the pubHc health, safety and general welfare. Upon 
the adoption of such a map, and upon any change therein or 
addition thereto made as hereinafter provided, the city or 
town clerk shall forthwith file with the appropriate registry 
of deeds a certificate of such action and a copy of such map 
as adopted or as changed or added to. 

Section 81 F. A city or town so adopting an official map, 
by action of its city council or town meeting, may whenever 
and as often as it may deem it for the public interest, change 
or add to such map so as to place thereon lines and notations 
showing existing or proposed locations, not theretofore 
mapped, of new or widened pubhc ways and new or en- 
larged parks, and proposed discontinuances in whole or in 
part of existing or mapped public ways and parks. No such 
change or addition shall become effective until after a pub- 
lic hearing in relation thereto before the city council or a 
committee thereof or before the selectmen, at which parties 
in interest shall have an opportunity to be heard. At least 
ten days' notice of such a public hearing shall be given by 
advertisement in an official publication of, or in a newspaper 
of general circulation in, the city or town and by mailing a 
copy of such advertisement to all owners of property abut- 
ting on such proposed improvement or discontinuance, as 
appearing upon the most recent tax list. No such change 
or addition which has not been previously recommended by 
the planning board established under section eighty-one A 
shall be adopted until after a report thereon by said board, 
and no variance from a plan prepared or approved by said 
planning board shall be made except by a two thirds vote 
of all the members of a city council, or by a two thirds vote 
of a town meeting; provided, that the last mentioned re- 
quirement shall be deemed to be waived in case the matter 
has been referred to said board for a report and it has failed 
to report within thirty days thereafter. 

Section 81G. Sections eighty-one A to eighty-one Y, in- 
clusive, shall not abridge the powers of the city council or 
the selectmen or any other municipal officer in regard to 
public ways or parks in any manner except as provided 
herein, nor shall they authorize the taking of land or the 
laying out or construction of a way or park or the altera- 
tion, relocation or discontinuance thereof, except in accord- 
ance with the laws governing the same; provided, that after 
a city or town has adopted an official map under section 
eighty-one E no public way shall be laid out, altered, relo- 
cated or discontinued if such laying out, alteration, reloca- 
tion or discontinuance is not in accordance with such official 
map as it then appears, unless the proposed laying out, 
alteration, relocation or discontinuance has been referred to 
the planning board of such city or town established under 



Acts, 1947. — Chap. 340. 331 

section eighty-one A and such board has reported thereon, 
or has allowed forty-five days to elapse after such reference 
without submitting its report. After a city or town has 
adopted an official map under section eighty-one E no per- 
son shall open a way for pubHc use, except as provided in 
sections eighty-one K to eighty-one U, inclusive, unless the 
location of such way is in accordance with such official map 
as it then appears, or has been approved by the planning 
board established under section eighty-one A, and, in either 
case, the grading, surfacing and drainage of such way have 
been approved by such board. 

Section 81H. Upon final action by the proper authorities Notations of 
in laying out, altering or relocating a public way, or in dis- partofma ^^ 
continuing the whole or any part thereof, or in establishing 
or enlarging a public park, or closing thereof in whole or in 
part, the lines and notations showing such improvement, 
discontinuance or closing, as so established or effected, shall, 
without further action by the city council or the town meet- 
ing, be made a part of the official map, if any, of the city or 
town in which such public way or park is located. 

Section 811. In a city or town having a planning board devekT'^ment 
established under section eighty-one A but which has not projects to be 
adopted an official map no public way shall be laid out, ?o^b"oard!^ 
altered, relocated or discontinued, unless the proposed 
laying out, alteration, relocation or discontinuance has been 
referred to the planning board of such city or town and such 
board has reported thereon, or has allowed forty-five days 
to elapse after such reference without submitting its report. 
Any city or town having a planning board established under 
section eighty-one A may, by ordinance, by-law or vote, 
provide for the reference of any other matter or class of 
matters to the planning board before final action thereon, 
with or without provision that final action shall not be taken 
until the planning board has submitted its report or has 
had a reasonable fixed time to submit such report. Such 
planning board shall have full power to make such in- 
vestigations, maps and reports, and recommendations in 
connection therewith, relating to any of the subjects re- 
ferred to it under this section, as it deems desirable. 

Section 81J. A town which has a planning board under Town ways 
section eighty-one A may establish, in the manner pro- CuTby%\an- 
vided for the laying out of town ways, the exterior lines of "'"s board, 
any way, the location of which has been approved under 
section eighty-one G or section eighty-one M; and there- 
after no structure shall be erected or maintained between 
the exterior lines so established, except that buildings or 
parts of buildings existing at the time of the establishment 
of said lines may remain and be maintained to such extent 
and under such conditions as may be prescribed by such 
planning board. Lines established under this section may be 
discontinued in the manner provided for the discontinuance 
of a highway or a town way. Lines so established shall be 
placed on the official map, if any, of the town, without 



332 



Acts, 1947. — Chap. 340. 



"Subdivision' 
defined. 



Subdivision 
to be sub- 
mitted to 
planning 
board for 
approval after 
public hearing. 



further action by the town meeting, and shall be removed 
therefrom if discontinued. This section shall not apply to 
cities. 

Section 81 K. The word "subdivision" as used in sec- 
tions eighty-one L to eighty-one U, inclusive, shall mean the 
division of a lot, tract or parcel of land into two or more lots, 
sites or other divisions of land for the purpose, whether 
immediate or future, of sale or building development, in 
such a manner as to require provision for a way, public or 
private, to furnish access to one or more of such lots, sites or 
divisions, and shall include resubdivision, and, when appro- 
priate to the context, shall relate to the process of sub- 
dividing or the land or territory subdivided. 

The recording of a plan of land showing the division 
thereof into existing or proposed lots, sites or other divi- 
sions and ways furnishing access thereto in the registry of 
deeds of the county or district in which such land is situated 
prior to the date when sections eighty-one L to eighty-one U, 
inclusive, or corresponding provisions of earlier laws, in- 
cluding those relating to subdivision control by boards of 
survey, became effective in the city or town in which such 
land is situated, shall not exempt such land from the applica- 
tion of said sections, except with respect to such lots, sites 
and divisions as have been sold and are held in ownership 
separate from that of the person or persons owning the re- 
mainder of the land so divided, and with respect to ways or 
parts of ways in which rights of way appurtenant to such 
lots, sites or divisions have been expressly or impliedly 
granted, and with respect to lots, sites and divisions fronting 
upon such ways or parts of ways. 

Section 81 L. Every person, before making a subdivision 
in any city or town having a planning board established 
under section eighty-one A, shall submit to such board for 
approval a plat of such proposed subdivision and said board 
shall receive and pass upon such plat. Each such board 
shall adopt, and may from time to time amend, reasonable 
rules and regulations not inconsistent with sections eighty- 
one K to eighty-one U, inclusive, governing the submission 
and approval of such plats. Such rules and regulations may 
provide that a person, before submitting his definitive plat 
for approval, may submit a preliminary plat showing his 
proposed subdivision in a general way, but not necessarily 
indicating monuments and other survey points in detail, 
and that the board may give such preliminary plat its tenta- 
tive approval, with or without modifications suggested by 
it or agreed upon by the person submitting the plat. The 
provisions of sections eighty-one K to eighty-one U, inclu- 
sive, in regard to plats shall not be applicable to a prelimi- 
nary plat. Before approval of a definitive plat is given, a 
public hearing shall be held by the board, notice of which 
hearing shall be given at least ten days prior thereto, by 
advertisement in an official publication of, or in a newspaper 
of general circulation in, the city or town, and by mailing a 



Acts, 1947. — Chap. 340. 333 

copy of such advertisement to all owners of property abutting 
upon the land included in such plat, as appearing upon 
the most recent tax list. 

Section 81 M. After the hearing required in section eighty- Approval of 
one L, the board may approve, modify and approve, or regu^afJd. 
disapprove, such plat, and shall file a certificate of such 
action with the city or town clerk. Failure of the board to 
take final action regarding a plat submitted to it within 
forty-five days after such submission shall be deemed to be 
an approval of such plat. In case of approval of a plat by 
action of the board, it shall cause to be made thereon a 
written endorsement of approval, and, in case of the approval 
of a plat by reason of its failure to act, the city or town clerk 
shall issue a certificate stating the date of the submission 
of the plat for approval, and the fact that the planning board 
failed to take final action thereon within forty-five days 
after such submission; provided, that such endorsement 
shall be made and such certificate issued upon written 
request of the person making the subdivision but not before 
the expiration of the period provided for court appeal, if 
no appeal has been taken, otherwise not before the rendering 
of a court decree approving such plat. 

Before approval by the board of such a plat, it shall con- 
sider and may require such provision for the construction 
and installation of ways and public utilities as in its opinion 
will justify the subdivision, with proper bond to secure 
performance, in accordance with ordinances or by-laws of the 
city or town, if there are any relating thereto; provided, 
that, instead of requiring a bond, the board may approve a 
plat on condition that no lot in the subdivision shall be sold 
until ways and public utilities in accordance with specifica- 
tions laid down by the board are constructed and installed 
so as to adequately serve such lot. 

Before the approval of a plat, the board may in proper 
cases require that the plat show a park or parks suitably 
located for playground or recreation purposes or for pro- 
viding light and air. If such plat is approved, such park or 
parks shall be deemed to be dedicated to the pubUc use. In 
approving plats under this section, the board shall require 
that the ways shown thereon shall have proper grades and 
shall be of suitable width and suitably located to accom- 
modate the prospective travel and to afford adequate light, 
air and access, including access of fire fighting equipment, 
to buildings, and to be co-ordinated so as to compose a con- 
venient system, and that the land shown on such a plat 
shall be of such character that it can be used for building 
purposes without danger to health. In making such deter- 
mination regarding ways, the board shall take into con- 
sideration the prospective character of the development of 
the subdivision, whether open residence, dense residence, 
business or industrial. 

After such a plat bearing an endorsement of approval or 
accompanied by a certificate as aforesaid has been recorded 



334 



Acts, 1947. — Chap. 340. 



Approval of 
the board 
may be 
amended. 



Register of 
deeds shall 
record plan. 



Construction 
of improve- 
ments and 
ways. 



Issuance 
of building 
permits. 



in the office of the appropriate registry of deeds, any ways 
and parks shown on such plat shall be and become a part 
of the official map, if there be any. The approval of sub- 
division plats shall however be required in any city or town 
in which sections eighty-one L to eighty-one U, inclusive, 
are in effect, whether or not an official map has been adopted 
therein. 

Section 81N. A planning board established under section 
eighty-one A, on its own motion or on petition of any person 
interested, shall have power to modify, amend or rescind 
its approval of a plat of a subdivision under section eighty- 
one M or to require a change in such plat as a condition 
of its retaining the status of an approved plat. All of the 
provisions of sections eighty-one K to eighty-one U, inclusive, 
relating to the submission and approval of the plat of a sub- 
division shall, so far as apt, be applicable to the approval of 
the modification, amendment or rescission of such approval 
and to a plat which has been changed under this section. 

Section 810. No register of deeds shall record any plan 
showing thereon proposed ways in any city or town having 
a planning board established under section eighty-one A 
unless there is endorsed thereon a certificate of said board, 
or other proper officer by it designated, that all laws ap- 
plicable to such plan have been compfied with. The clerk 
of each city or town shall notify the register of deeds of the 
district in which such town is situated of the establishment 
of a planning board under section eighty-one A, and also 
the name of the officer designated by said board to endorse 
upon plats the approval of the board. 

Section 81 P. No public way and no public water supply 
or sewer or other municipal utility or improvement in any 
public or private way shall be constructed within a sub- 
division in any city or town wherein sections eighty-one K 
to eighty-one U, inclusive, are in effect, unless such street or 
way appears on a plat of such subdivision approved and 
recorded as provided in said sections, and no such utility 
or improvement shall be constructed in any public or private 
way elsewhere than in a subdivision in any city or town 
having an official map under section eighty-one E unless such 
way has been placed on or made a part of such map. 

Section 81Q. No permit for the erection of any dwelling 
within a subdivision in a city or town wherein sections 
eighty-one K to eighty-one U, inclusive, are in efTect shall 
be issued unless a way giving access to such proposed dwell- 
ing appears on a plat of such subdivision approved and 
recorded as provided in said sections, and no permit for the 
erection of any dwelling elsewhere than in a subdivision in 
any city or town having an official map under section eighty- 
one E shall be issued unless a way giving access to such 
proposed dwelling has been placed on or made a part of 
such map; provided, that if the enforcement of the fore- 
going provisions of this section would entail practical diffi- 
culty or unnecessary hardship and if the circumstances of 



Acts, 1947. — Chap. 340. 335 

the case do not require that the dweUing be related to a way 
shown on a plat or to a mapped way, as the case may be, the 
board of appeals provided for in section eighty-one R shall 
have power by vote of a majority of its members to issue 
a permit for the erection of such dwelhng, subject, however, 
to the provisions of said section eighty-one R and sections 
eighty-one S and eighty-one T. 

Section 81 R. A city or town wherein sections eighty- Board of 
one K to eighty-one U, inclusive, are in effect shall, by appeals- 
ordinance or by-law, provide for a board of appeals, which 
may be the existing board of appeals under the local building 
or zoning ordinances or by-laws; provided, that, if the board 
of appeals under the local zoning ordinances or by-laws in 
any city or town is also the planning board in such city or 
town, it shall not act as a board of appeals under this section. 
Pending provision for a board of appeals, the city council or 
selectmen shall act as a board of appeals. Any board of 
appeals newly established hereunder shall consist of at least 
three members who shall be appointed by the mayor subject 
to the confirmation of the city council, or by the selectmen, 
for terms of such length and so arranged that the term of one 
member will expire each year; and said board shall elect 
annually a chairman from its own number and a clerk. Any 
board so newly estabHshed may also act as a board of appeals 
under the local building or zoning ordinances or by-laws, 
or both. 

Any member of such a board of appeals may be removed 
for cause by the appointing authoritj^ upon written charges 
and after a public hearing. Vacancies shall be filled for un- 
expired terms in the same manner as in the case of original 
appointments. Ordinances or by-laws established hereunder 
may provide for the appointment in like manner of associate 
members of the board of appeals; and in case of a vacancy, 
inability to act or interest on the part of a member of such 
board, his place shall be taken by an associate member des- 
ignated by the chairman. 

Section 81 S. The board of appeals appointed under sec- Powers of 
tion eighty-one R shall adopt rules not inconsistent with a^''e°ir'^°^ 
this section and sections eighty-one Q and eighty-one R, for 
conducting its business and otherwise carrying out the pur- 
poses of said sections. Meetings of the board shall be held 
at the call of the chairman and also when called in such 
other manner as it shall determine in its rules. Such chair- 
man, or in his absence the acting chairman, may administer 
oaths, summon witnesses and call for the production of 
papers. All hearings of the board shall be open to the pub- 
lic. The board shall cause to be made a detailed record of 
its proceedings, showing the vote of each member upon each 
question, or, if any member is absent or fails to vote, indi- 
cating such fact, and setting forth clearly the reason or rea- 
sons for its decisions, and of its other official acts, copies of 
all of which shall be immediately filed in the office of the 
city or town clerk and shall be public records. 



336 



Acts, 1947. — Chap. 340. 



Appeal to 

superior 

court. 



Board of 
survey shall 
have powers 
of planning 
board. 



Planning 
board may 
enter lands, 
etc. 



Planning 
board may 
petition 
superior 
court. 



Before taking any action under section eighty-one Q, the 
board of appeals shall give a hearing at which parties in 
interest shall have an opportunity to be heard, in person or 
by agent or attorney. At least fifteen days' notice of the 
time and place of such hearing shall be published in an 
official publication of, or in a newspaper of general circula- 
tion in, the city or town. The board may impose reasonable 
requirements as a condition of granting a permit under sec- 
tion eighty-one Q, which requirements shall be designed to 
promote the health, convenience, safety and general welfare 
of the community and shall inure to the benefit of the city 
or town. 

Section 81 T. Any person, whether or not previously a 
party to the proceedings, aggrieved by a decision of a board 
of appeals under section eighty-one Q, or by any decision of 
a planning board established under section eighty-one A 
concerning a plat of a subdivision, as defined in section 
eighty-one K, or its failure to take final action concerning 
the same within the required time, or any municipal officer 
or board, may appeal to the superior court sitting in equity 
for the county in which the land concerned is situated ; pro- 
vided, that such appeal is filed within fifteen days after such 
decision is recorded or within fifteen days after the expira- 
tion of the required time aforesaid. The court shall hear 
all pertinent evidence and determine the facts, and, upon 
the facts so determined, shall annul such decision if found to 
exceed the authority of such board, or make such other 
decree as justice and equity may require. The foregoing 
remedy shall be exclusive, but the parties shall have all 
rights of appeal and exception as in other equity cases. 

Costs shall not be allowed against the planning board or 
board of appeals unless it shall appear to the court that such 
board acted with gross negligence or in bad faith or with 
malice in making the decision appealed from. 

Section 81 U. In any city or town which has not estab- 
lished a planning board under section eighty-one A, but 
which has a board of survey, however established, and ac- 
cepts the provisions of sections eighty-one K to eighty-one U, 
inclusive, or has accepted the corresponding provisions of 
earlier laws, such board of survey shall have all of the powers 
of a planning board established under section eighty-one A, 
and such city or town shall be deemed to be a city or town 
in which such sections are in effect. 

Section 81V. Planning boards established under section 
eighty-one A, their officers and agents, may, so far as they 
deem it necessary in carrying out sections eighty-one A to 
eighty-one U, inclusive, enter upon any lands and there 
make examinations and surveys, and place and maintain 
monuments and marks. 

Section 81 W. The superior court for the county in which 
the land affected by any of the provisions of sections eighty- 
one A to eighty-one U, inclusive, lies, sitting in equity, shall 
have jurisdiction, on petition of the planning board estab- 



Acts, 1947. — Chap. 340. 337 

lished under section eighty-one A, to enforce any of the pro- 
visions of said sections, and any ordinances or by-laws made 
thereunder, and may restrain by injunction violations thereof. 

Section 81 X. Sections eighty-one A to eighty-one W, in- Taking of 
elusive, shall not authorize the taking of land nor authorize l-eguiated. 
a city or town to lay out or construct any way which may 
be indicated on any plan or plat until such way has been 
laid out as a public way in the manner prescribed by law; 
nor shall said sections render a city or town liable for dam- 
ages except such as may be sustained under section eighty- 
one F by reason of changes in the official map, under section 
eighty-one J by the establishment of exterior lines, under 
section eighty-one N by reason of the amendment of a sub- 
division plan or under section eighty-one V by reason of the 
acts of the planning board. Any person injured in his prop- 
erty as aforesaid may recover the damages so caused under 
chapter seventy-nine. 

Section 81 Y. A planning board established under the Already 
provisions of section eighty-one A as in force prior to the boards^^^'^ 
effective date of this section shall have all of the powers of 
a planning board under section eighty-one A as now in force. 

Section 5. Clause (28) of section 5 of chapter 40 of the g. l. (Ter. 
General Laws, as amended by section 5 of said chapter 211, ftc:!'amended. 
is hereby further amended by striking out the letter "J" in 
line 2 and inserting in place thereof the letter ; — Y, — and 
by striking out the letter "I" in line 6 and inserting in place 
thereof the letter : — R, — so that said clause will read as 
follows : — 

(28) For carrying out sections seventy-three to eighty-one Appropriations. 
Y, inclusive, of chapter forty-one. Such appropriation shall 
be expended by the board of survey or by the planning board 
established under section eighty-one A of said chapter and 
the board of appeals established under section eighty-one R 
of said chapter, as the case may be. 

Section 6. Section 26 of chapter 121 of the General g^l. (Ter. 
Laws, as most recently amended by section 6 of said chapter §'26,' etc.! 
211, is hereby further amended by striking out in line 7 the '^'^ended. 
letter "J" and inserting in place thereof the letter: — Y, — 
so as to read as follows : — Section 26. The housing board ^^"JJ^'^^^j, 
shall furnish information and suggestions from time to time ai'd planning 
to city governments, selectmen and planning boards, which ''°^'"'^- 
may tend to promote the purposes of section twenty-three, 
and shall call the attention of mayors, city councils and 
boards of selectmen to the provisions of sections seventy to 
eighty-one Y, inclusive, of chapter forty-one in so far as said 
sections relate to housing. Approved May 5, 1947. 



338 Acts, 1947. — Chaps. 341, 342. 



Chap. 34:1 An Act requiring the submission for acceptance by the 

VOTERS OF THE TOWN OF SAUGUS AT A SPECIAL TOWN MEET- 
ING OF AN ACT CHANGING THE REPRESENTATIVE TOWN 
MEETING FORM OF GOVERNMENT IN THE TOWN OF SAUGUS 
AND COMBINING THEREWITH A TOWN MANAGER FORM OF 
GOVERNMENT. 

Be it enacted, etc., as follows: 

Section 1. Chapter seventeen of the acts of the current 
year shall, notwithstanding the provisions of section fifty- 
eight of said chapter, be submitted for acceptance to the 
qualified voters of the town of Saugus at a special town 
meeting which, within thirty days after the effective date of 
this act, shall be called by its selectmen and held for the 
aforesaid purpose only. The vote shall be taken in precincts 
by ballot in accordance with the provisions of the General 
Laws, so far as the same shall be applicable, in answer to the 
question, which shall be placed upon the official ballot to 
be used at said meeting: "Shall an act passed by the general 
court in the year nineteen hundred and forty-seven, entitled 
'An Act changing the representative town meeting form of 
government in the town of Saugus and combining therewith 
a town manager form of government', be accepted by this 
town?" If a majority of the voters voting on this question 
shall vote in the affirmative, said act shall take effect forth- 
with so far as it relates to dividing the territory of the town 
into ten precincts as provided by section one of chapter 
fifty-five of the acts of nineteen hundred and twenty-eight, 
as amended by said chapter seventeen, and, so far as it 
relates to the election of town meeting members, selectmen 
and members of the school committee, it shall take effect for 
the purposes of the town election to be held on the third 
Monday of January nineteen hundred and forty-eight and 
for all things pertaining thereto, and shall take full effect 
upon the quaUfication of a majority of the selectmen first 
elected as provided in section two of said chapter seventeen. 

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

Approved May 5, 191^7 . 



Chap.S42 An Act increasing the compensation of the members 

OF THE police DEPARTMENT OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 13 
of chapter 291 of the acts of 1906, as amended, the minimum 
annual compensation of each patrolman of the police depart- 
ment of the city of Boston is hereby established as follows: — 
for the first year of service, twenty-five hundred dollars; for 
the second year of service, twenty-seven hundred dollars; 
and for the third and each succeeding year of service, three 
thousand dollars. The compensation of each member of 



Acts, 1947. — Chaps. 343, 344. 339 

such department above the rank of patrolman is hereby 
increased by an amount equal to ten per centum of the 
annual compensation received by him on the day immediately 
prior to the effective date of this act. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of the city council of said city, but not 
otherwise. Approved May 5, 1947. 



An Act increasing the jurisdiction and the compen- Chap.SiS 

SATION OF the TRIAL JUSTICE IN THE TOWN OF BARRE. 

Be it enacted, etc., as follows: 

Section 1. Chapter 219 of the General Laws is hereby g^L.^Ter. 
amended by inserting at the end the following section:— new '§33,' 
Section S3. The trial justice in the town of Barre shall =^dded. 
have, in addition to all other powers incident to his office, X'^f*'"'* 
civil jurisdiction of claims in the nature of contract or tort, nistice of 
other than slander and libel, in which the plaintiff does not 
claim as debt or damages more than fifty dollars, if the 
defendant lives or has his usual place of business in said 
town. The procedure for the commencement and prosecu- 
tion of such claims shall be governed by the provisions of 
sections twenty-one to twenty-three, inclusive, of chap- 
ter two hundred and eighteen, and by the rules of the district 
courts relative to small claims procedure, in so far as said 
sections, and said rules, may be applicable; provided, that 
said trial justice shall have the powers, and shall perform 
the duties, of a clerk of a district court under said sections 
and said rules. 

Section 2. Section 17 of said chapter 219, as appearing g- l.^T|^- ^^ 
in the Tercentenary Edition, is hereby amended by striking amended.' 
out, in line 6, the word "three" and inserting in place thereof 
the word: — five, — so as to read as ioWows: — Section 17. saianes. 
The several trial justices in the places herein named shall 
receive a salary, to be paid by the county in which the respec- 
tive places are situated, on the basis of the following nanied 
sums for each year or portion thereof of their respective 
commissions: Ludlow, five hundred dollars; Hardwick, 
two hundred and fifty dollars; Barre, five hundred dollars; 
Hudson, five hundred dollars; Hopkinton, one hundred 
dollars; Saugus, one thousand dollars; Nahant, twelve 
hundred dollars; Marblehead, one thousand dollars; North 
Andover, three hundred dollars; and Andover, five hundred 
dollars. Approved May 5, 1947. 



An Act changing the name of the Massachusetts state Chap. 34:4: 

COLLEGE TO THE UNIVERSITY OF MASSACHUSETTS. 

Whereas, The deferred operation of this act would tend ^^Si^fe^^ 
to defeat its purpose, which is in part to make its provisions 
applicable to the graduating class of the University of Massa- 



340 



Acts, 1947. — Chap. 344. 



University of 
Massachusetts. 

G. L. (Ter. 
Ed.), 15, § 4. 
etc., amended. 



Certain powers 
and duties 
not affected. 



G. L. (Ter. 
Ed.), 15, § 19, 
etc., amended. 



Certain 
trustees, etc. 
serving in 
the 
department. 



G. L. (Ter. 
Ed.). 15, 
caption 
preceding 
I 20, 
amended. 

G. L. (Ter. 
Ed.), 15, § 20, 
amended. 



G. L. (Ter. 
Ed.), 75, § 1, 
amended. 



University of 
Massachusetts 
a state 
institution. 

G. L. (Ter. 
Ed.), 75. § 2, 
amended. 



G. L. (Ter. 
Ed.), 75. § 4. 
amended. 



G. L. (Ter. 
Ed.), 75, § .5, 
etc., amended. 



G. L. (Ter. 
Ed.), 75, § 5A, 
etc., amended. 



chusetts of the current year, therefore it is hereby declared 
to be an emergency law necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. The name of the Massachusetts state college 
is hereby changed to the University of Massachusetts. 

Section 2. Section 4 of chapter 15 of the General Laws, 
as amended by section 2 of chapter 409 of the acts of 1939, 
is hereby further amended by striking out the last sentence 
and inserting in place thereof the following sentence : — 
Nothing in this chapter shall be construed as affecting the 
powers and duties of the trustees of the University of Massa- 
chusetts as set forth in chapter seventy-five. 

Section 3. Said chapter 15 is hereby further amended 
by striking out section 19, as most recently amended by 
section 7 of chapter 257 of the acts of 1946, and inserting 
in place thereof the following section : — Section 19. The 
trustees of the University of Massachusetts, 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 4. The caption preceding section 20 of said 
chapter 15 is hereby stricken out and the following caption 
inserted in place thereof: — university of Massachusetts. 

Section 5. Section 20 of said chapter 15, as appearing 
in the Tercentenary Edition, is hereby amended by striking 
out in lines 1 and 2 the words "Massachusetts state college" 
and inserting in place thereof the words: — University of 
Massachusetts. 

Section 6. Chapter 75 of the General Laws is hereby 
amended by striking out section 1, as appearing in the Ter- 
centenary Edition, and inserting in place thereof the follow- 
ing section : — Section 1 . The University of Massachusetts 
shall continue to be a state institution. 

Section 7. Section 2 of said chapter 75, as so appearing, 
is hereby amended by striking out the word "college" in 
the first line and inserting in place thereof the word : — 
university. 

Section 8. Section 4 of said chapter 75, as so appear- 
ing, is hereby amended by striking out the word "college" 
in the first line and inserting in place thereof the word: — 
university. 

Section 9. Section 5 of said chapter 75, as amended by 
chapter 288 of the acts of 1935, is hereby further amended 
by striking out, in line 8, the word "college" and inserting 
in place thereof the word : — university. 

Section 10. Section 5A of said chapter 75, inserted by 
chapter 329 of the acts of 1939, is hereby amended by strik- 
ing out, in line 2, the word "college" and inserting in place 
thereof the word : — university. 



Acts, 1947. — Chap. 344. 341 

Section 11. Section 6 of said chapter 75, as amended EdV^I^s'e 
by section 2 of chapter 462 of the acts of 1935, is hereby etc., amended, 
further amended by striking out, in lines 6 and 7, the word 
''college" and inserting in place thereof the word: — uni- 
versity. 

Section 12. Section 7 of said chapter 75, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby amended by striking ^mend'^^d.^ '^' 
out, in line 4, the word "college" and inserting in place 
thereof the word: — university. 

Section 13. Section 8 of said chapter 75, as amended by g. l. (Ter. 
chapter 504 of the acts of 1945, is hereby further amended Sc^! 'amended. 
by striking out, in lines 2 and 6, the word "college" and 
inserting in place thereof, in each instance, the word: — 
university. 

Section 14. The caption preceding section 9 of said Sj'^1'^*'''- 
chapter 75 is hereby stricken out and the following caption captio/pre- 
inserted in place thereof: — regulation of university. amlnded^' 

Section 15. Section 9 of said chapter 75, as appearing q l (Ter 
in the Tercentenary Edition, is hereby amended by striking ^^^•7^; ^^• 
out the word "college" in lines 2 and 3 and inserting in ^^^^ ^ 
place thereof the word : — university. 

Section 16. Section 10 of said chapter 75, as so appear- g- l. (Ter. 
ing, is hereby amended by striking out the word "college" amend'^d.^ ^^' 
in line 3 and inserting in place thereof the word: — uni- 
versity. 

Section 17. Section 11 of said chapter 75, as so appear- g. l. (Ter. 
ing; is hereby amended by striking out the word "college" fi^end'^d.^ ^^' 
in line 2 and inserting in place thereof the word: — uni- 
versity. 

Section 18. Section 14 of said chapter 75, as so appear- g. l. (Ter. 
ing, is hereby amended by striking out the word "college" ^mended.^^*' 
in line 2 and in line 6 and inserting in place thereof, in each 
instance, the word: — university. 

Section 19. Section 15 of said chapter 75, as so appear- g. l. (Ter. 
ing, is hereby amended by striking out the word "college" fmend^ed.^ ^^' 
in line 2 and inserting in place thereof the word : — uni- 
versity. 

Section 20. Section 16 of said chapter 75, as so appear- g. l. (Ter. 
ing, is hereby amended by striking out, in lines 1 and 5, the fmend'lfd.^ ^^' 
word "college" and inserting in place thereof, in each in- 
stance, the word: — university. 

Section 21. Section 16 A of said chapter 75, inserted Ed^.Ts^^deA, 
by chapter 586 of the acts of 1945, is hereby amended by etc., amended.' 
striking out, in line 12, the word "college" and inserting in 
place thereof the word: — university. 

Section 22. Section 22 of said chapter 75, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby amended by striking ^mend'^d.^ ^^' 
out, in lines 2 and 5, the word "college" and inserting in 
place thereof, in each instance, the word: — university. 

Section 23. Section 24 of said chapter 75, as so appear- %A\il^\2i 
ing, is hereby amended by striking out, in line 1, the word amended. 
"college" and inserting in place thereof the word: — uni- 
versity. 



342 Acts, 1947. — Chap. 345. 

Ed^'7ll'25, Section 24. Section 25 of said chapter 75, as so appear- 
ameiided. ' ing, is hereby amended by striking out, in hne 3, the word 
"college" and inserting in place thereof the word: — uni- 
versity. 
EdV75l'''6 Section 25. Section 26 of said chapter 75, as so appear- 
amended. ' ' iug, is hereby amended by striking out, in line 3, the word 
"college" and inserting in place thereof the word: — uni- 
versity. 
EdViIl'u Section 26. Section 1 of chapter 132 of the General 
etc!, 'amended! Laws, as amended by section 36 of chapter 490 of the acts 
of 1941, is hereby further amended by striking out, in line 8, 
the words "Massachusetts state college" and inserting in 
place thereof the words: — University of Massachusetts, — 
and by striking out, in line 10, the word "college" and in- 
serting in place thereof the word: — university. 
settssfa'te"' SECTION 27. When used in any statute, ordinance, by- 

coiiege"to law, Rilc Or regulation, the phrase "Massachusetts state 
Unfversity of collcge", or any words connoting the same, shall mean the 
Massachu- University of Massachusetts, unless a contrary intent clearly 
appears. Approved May 6, 1947. 



setts. 



C/iap. 345 An Act changing the name oj^ the trustees of the 

GRAMMAR SCHOOL IN THE EASTERLY PART OF THE TOWN OF 
ROXBURY, AND RELATIVE TO THE MEMBERSHIP OF SAID 
CORPORATION. 

Be it enacted, etc., as follows: 

Section 1. The name of the trustees of the grammar 
school in the easterly part of the town of Roxbury, incor- 
porated by chapter thirty-four of the acts of seventeen hun- 
dred and eighty-eight, being an act approved January twenty- 
third, seventeen hundred and eighty-nine, entitled "An Act 
for incorporating certain persons therein named, by the 
name of the Trustees of the Grammar School, in the easterly 
part of the town of Roxbury, and for repealing all the laws 
heretofore made for that purpose", is hereby changed to the 
Trustees of the Roxbury Latin School. 

Section 2. Said chapter 34 is hereby amended by striking 
out the provisions thereof which were amended by para- 
graph First of section 1 of chapter 113 of the acts of 1906 
and inserting in place thereof the following provision : — 
That the number of the said trustees shall not at any one 
time consist of more than fifteen nor less than eleven, five of 
whom shall constitute a quorum for transacting business, 
and a major part of the members present at any stated meet- 
ing thereof shall decide all questions that maj' properly come 
before them. 

Section 3. Section 2 of said chapter 113, as amended by 
section 1 of chapter 129 of the acts of 1913, is hereby further 
amended by striking out all of the words thereof down to 
and including the word "office" in line 15 and inserting in 
place thereof the following: — Said trustees shall be of three 



Acts, 1947. — Chap. 345. 343 

classes denominated a trustee ex officio, trustees for life, and 
trustees for five years, respectively. 

(1) The trustee ex officio shall be that one of the minister 
and two oldest deacons in length of service of the First 
Religious Society in Roxbury, incorporated under chapter 
one hundred and thirty-three of the acts of the year eighteen 
hundred and twenty-four, as shall be selected from time to 
time by the standing committee of said society. 

(2) The trustees for life shall be not less than five nor 
more than nine, as may be determined from time to time by 
a majority vote of the tnjstees of all classes, and shall include 
the five tiTistees for life who were members of said corporation 
on the first day of January of the year nineteen hundred and 
forty-seven, and not more than four others to be elected 
from time to time by a majority vote of the trustees of all 
classes. 

Section 4. Said section 2 of said chapter 113, as so 
amended, is hereby further amended by striking out the 
paragraph marked (a) of subdivision (4) and inserting in 
place thereof the following paragraph : — 

(a) A meeting of the alumni, who for the purpose of this 
act shall be taken to include every one who was for at least 
one academic year a member of a class which has been 
graduated from said school, shall be held in each year in such 
place within the city of Boston, Massachusetts, and on such 
day as may be determined by the members of said corpora- 
tion from time to time. 

Section 5. Said section 2 of said chapter 113, as so 
amended, is hereby further amended by striking out para- 
graph (6) of said subdivision (4) and inserting in place thereof 
the following paragraph : — 

(6) The alumni present at such meeting shall choose from 
the whole number of alumni a nominating committee of not 
less than five nor more than seven members, who shall have 
power to fill its vacancies and shall hold office for one year 
from the time of their election or until their successors shall 
have been elected. 

Section 6. Said section 2 of said chapter 113, as so 
amended, is hereby further amended by striking out para- 
graph (c) of said subdivision (4) and inserting in place thereof 
the following paragraph : — 

(c) Every such nominating committee shall nominate from 
among those alumni whose class has been graduated for five 
years or more at least three times as many alumni as there 
are vacancies to be filled in the class of trustees for five years 
during the term of office of the nominating committee, and 
shall transmit such nominations to the secretary of said cor- 
poration not later than thirty nor more than sixty days before 
the occurrence of a vacancy by reason of the expiration of the 
term for which such trustee was elected, and not later than 
sixty days after the receipt of the notice from the secretary 
of the corporation, hereinbefore provided for, in case of a 
vacancy occurring through other cause. 



344 Acts, 1947. — Chaps. 346, 347. 

Section 7. This act shall take full effect when accepted 
by a majority of the trustees in office, on behalf of said cor- 
poration. The secretary of said corporation shall forthwith 
upon such acceptance file in the office of the state secretary a 
copy of the vote of acceptance. Approved May 6, 1947. 

C/iap. 346 An Act further regulating pay and allowances of 

MEMBERS OF THE LAND FORCES. 

Be it enacted, etc., as follows : 

Ed^.'sJ.^uu, Chapter 33 of the General Laws is hereby amended by 

etc!, 'amended. ' striking out section 114, as amended by sections 1 and 2 

of chapter 394 of the acts of 1943, and inserting in place 

officerland thereof the following section: — Section 11 4- (a) There 

men. shall bc allowcd and paid per diem to officers and warrant 

officers of the land forces, on rolls and accounts kept in such 

form as the commander-in-chief may prescribe, for the duty 

prescribed by section eleven, seventeen, eighteen, nineteen 

or one hundred and five, the same per diem pay as would 

be received by them if they were in the militaiy service of 

the United States. 

(6) There shall be allowed and paid per diem to soldiers 
of the land forces, on rolls and accounts kept in such form 
as the commander-in-chief may prescribe, for the duty pre- 
scribed by section eleven, seventeen, eighteen or nineteen, as 
follows: bandsmen, four dollars and fifty-five cents; cooks, 
three dollars and fifty-five cents, if it is certified and made to 
appear that in each case the duty of superintending and assist- 
ing in the preparation of the food of the company was actual- 
ly performed by the cook in person during the tour of duty or 
day of duty for which he is returned for pay, otherwise, the 
pay of other enlisted men of like grade; and every other 
enlisted man, the same per diem pay received by soldiers of 
like grade in the regular army. 

(c) In addition to the pay herein specified, each member 
of a band and each enlisted man shall receive such allowance 
per diem, in lieu of subsistence, as is allowed by the army 
of the United States, except as provided in section one hun- 
dred and twenty-two. Approved May 6, 1947. 



Chap. 34:7 An Act providing for the appointment of a fij^h as- 
sistant REGISTER OF PROBATE FOR THE COUNTY OF MID- 
DLESEX. 

Be it enacted, etc., as follows : 

Ed.K 2i7r§ 25, Section 25 of chapter 217 of the General Laws, as appear- 
amended.' ing in the Tercentenary Edition, is hereby amended by 
striking out, in line 2, the words "and a fourth" and in- 
serting in place thereof the words : — , a fourth and a fifth, 
Third, — so as to read as follows: — Section 25. The judges 

fifth assistant of probate for Middlesex county may appoint a third, a 
M^dksVx" fourth and a fifth assistant register for said county, who 

county. 



Acts, 1947. — Chaps. 348, 349, 350. 345 

shall hold office for three years unless sooner removed by 
the judges. They shall be subject to the laws relative to 
assistant registers. Approved May 6, 1947. 



An Act providing for the appointment of a fifth Qjiq^ 348 
assistant register of probate for the county of ^' 

SUFFOLK. 

Be it enacted, etc., as follows: 

Chapter 217 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 24A, as amended by chapter 392 of the f 24AfiIc.. 
acts of 1939, and inserting in place thereof the following amended, 
section: — Section 34-^. The judges of probate for the Third. fourth 
county of Suffolk may appoint a third, a fourth and a fifth a^slfilu 
assistant register for said county, who shall hold office for g®^f|^^*,^" ^°'" 
three years, unless sooner removed by the judges. They county. 
shall be subject to the laws relative to assistant registers. 

Approved May 6, 1947. 

An Act authorizing the sale and conveyance of cer- Qfidj) 349 

TAIN STATE PROPERTY IN THE CITY OF WORCESTER TO 
THE ROMAN CATHOLIC BISHOP OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

The armory' commission and the commission on adminis- 
tration and finance, acting as a joint board, are hereby 
authorized, subject to the approval of the governor and 
council, to sell and convey to the Roman Catholic Bishop 
of Springfield a parcel of land owned by the commonwealth 
and located at the junction of Mulberry and East Central 
streets in the city of Worcester, which land is no longer 
needed for military purposes. Approved May 6, 1947. 



An Act providing for the assignment of quarters in Chav 350 

THE state house FOR THE USE OF THE AMERICAN VETERANS 
OF WORLD WAR II, AMVETS. 

Be it enacted, etc., as follows: 

Section 1.. Section 17 of chapter 8 of the General Laws, g. l. (Ter. 
as most recently amended by section 1 of chapter 199 of the f^-^' ^- 5 '7. 
acts of 1933, is hereby further amended by inserting after the amended. 
word "States" in line 8 the words: — , of the American 
Veterans of World War II, AMVETS, — and by striking 
out, in line 23, the word "war" the first time it appears and 
inserting in place thereof the word : — wars, — so as to read 
as follows: — Section 17. There shall be set apart and ^oj'^'nsj^^^ 
suitably furnished a room or rooms in the state house for the for use of 
use of the Grand Army of the Republic of the department of organfzrtTons. 
Massachusetts, the Massachusetts department of The 
American Legion, of the United Spanish War Veterans, of the 
Disabled American Veterans of the World War, of the 



346 



Acts, 1947. — Chap. 351. 



G. L. (Ter. 
Ed.). 8. § 18, 
etc., amended. 



Records, etc., 
of BUch 
organizations. 



Veterans of Foreign Wars of the United States, of the Ameri- 
can Veterans of World War II, AMVETS, and of the Veter- 
ans of Indian Wars, respectively, such room or rooms to be 
under the charge of the state commanders of the respective 
departments, subject to this chapter. The headquarters 
thus established for the first named department shall be 
used for storing its supplies and property, relics and memen- 
tos of the war of the rebellion and for arranging and pre- 
serving a history of persons, who served in the army, navy 
or marine corps during such war in organizations of the 
commonwealth, or of citizens of the commonwealth who 
served in the regular army, navy or marine corps of the 
United States, which said department may collect or desire 
to preserve. The headquarters thus established for each of 
the other departments shall be used for storing and preserv- 
ing the records and other property of the department and 
relics and mementos of the World wars and Spanish war. 

Section 2. Section 18 of said chapter 8, as most recently 
amended by section 2 of said chapter 199, is hereby further 
amended by inserting after the word "States" in line 6 the 
words: — , of the American Veterans of World War II, 
AMVETS, — so as to read as ioWows: — Section 18. The 
histories, relics and mementos of the Grand Army of the 
Republic of the department of Massachusetts and the records 
of the Massachusetts department of the United Spanish 
War Veterans, of The American Legion, of the Disabled 
American Veterans of the World War, of the Veterans of 
Foreign Wars of the United States, of the American Veterans 
of World War II, AMVETS, and of the Veterans of the 
Indian Wars shall be accessible at all times, under suitable 
rules and regulations, to members of the respective depart- 
ments and to others engaged in collecting historical informa- 
tion. Whenever any such department ceases to exist, its 
records, papers, relics and other effects shall become the 
property of the commonwealth. Approved May 6, 1947. 



Chap.S51 An Act relative to the pension of Herbert h. noyes. 
Be it enacted, etc.. as follows: 

Section 1. The city of Maiden is hereby authorized to 
increase the pension now payable to Herbert H. Noyes, a 
former member of the fire department of said city, from the 
sum of nineteen dollars and twenty-six cents weekly to the 
sum of twenty-one dollars and thirty-five cents weekly. 

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

Approved May 6, 1947. 



Acts, 1947. — Chaps. 352, 353. 347 



An Act providing that the register of deeds for QKav 352 

SUFFOLK COUNTY MAY APPOINT A THIRD AND A FOURTH ^' 

ASSISTANT REGISTER. 

Be it enacted, etc., as follows: 

Section 1. Chapter 36 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 5, as appearing in the Ter- fmenle^d.^ ^' 
centenary Edition, and inserting in place thereof the follow- 
ing section: — Section 5. The register for Suffolk county Second, 
may, by a writing recorded in his registry, designate one of Kh^aiist- 
the persons employed therein as second assistant register, f^^^g^f^i^" 
one of such persons as third assistant register and one of such county" 
persons as fourth assistant register, any of which designa- 
tions he may at pleasure in like manner revoke. 

Section 2. Section 4 of said chapter 36, as so appearing, Sj^iJ^r^ 
is hereby amended by inserting after the word "second" in amended. 
line 5 the words: — , third or fourth. 

Approved May 6, 1947. 



An Act making certain changes in the laws regulat- Chav.S^S 

ING state-wide recounts OF VOTES CAST AT STATE 
ELECTIONS. 

Be it enacted, etc., as follows: 

Section 1. Section 135 of chapter 54 of the General g. l. (Ter. 
Laws, as most recently amended by chapter 315 of the acts ftc.'!'amendld^.' 
of 1945, is hereby further amended by striking out the third , 
paragraph, as appearing in chapter 417 of the acts of 1943, 
and inserting in place thereof the following paragraph: — 

State-wide recounts in cases of offices to be filled or ques- fg^oyn'^*^® 
tions to be voted upon at the state election by all the voters petition for, 
of the commonwealth may be requested as provided in the *"*" 
foregoing provisions of this section so far as applicable, ex- 
cept that any petition therefor shall be on a form approved 
and furnished by the state secretary, shall be signed in the 
aggregate by at least one thousand voters, not less than two 
hundred and fifty to be from each of four different counties, 
and shall be submitted on or before five o'clock in the after- 
noon of the tenth day following such election to the regis- 
trars of voters of the city or town in which the signers ap- 
pear to be voters, who shall forthwith certify thereon the 
number of signatures which are names of registered voters 
in said city or town, and except that said petitions for re- 
count shall be filed with the state secretary on or before five 
o'clock in the afternoon of the fifteenth day following such 
election. He shall hold such petitions for recount until 
after the official tabulation of votes by the governor and 
council and if it then appears that the difference in the num- 
ber of votes cast for the two leading candidates for the 
office, or in the number of affirmative and negative votes 
on a question, for which recount is desired is more than one 
half of one per cent of the total number of votes cast for 



348 Acts, 1947. — Chap. 354. 

such office or on such question, the petitions for recount 
shall be void. If such difference in the votes so cast appears 
to be one half of one per cent or less of the total votes cast 
for such office or on such question, he shall forthwith order 
the clerk of each city and town of the commonwealth to 
transmit forthwith, and said clerk shall so transmit, the 
envelopes or containers containing the ballots, sealed except 
in the case of those containing ballots which have already 
been recounted in respect to said office or question under 
authority of this section, to the registrars of the city or 
town who shall, without unnecessary delay, open the enve- 
lopes or containers, recount the ballots cast for said office 
or on such question and determine the questions raised. If 
a state-wide recount is petitioned for, all ballots cast at a 
state election shall be held, except as otherwise provided 
herein, by the city and town clerks until the expiration of 
sixty days after said election. 
EdisKiss, Section 2. Said section 135, as so amended, is hereby 
etc., further ' further amended by striking out the seventh paragraph, as 
amen e appearing in said chapter 417, and inserting in place thereof 

the following paragraph : — 

Discontinuance if^ after a petition for state-wide recount for an office 

?ecount'Tow has been filed, the leading candidate, together with every 

effected. other Candidate whose votes therefor are not exceeded in 

number by the votes of the leading candidate by more than 

one half of one per cent of the total number of votes cast 

for such office, shall file a written request with the state 

secretary that the recount petitioned for be discontinued, 

the state secretary shall immediately order such recount 

discontinued whereupon such proceedings shall terminate. 

Approved May 6, 1947. 



C/iap. 354 An Act providing for certain changes in the require- 
ments FOR PROMOTION TO HIGHER GRADE IN POLICE AND 
FIRE DEPARTMENTS. 

Be it enacted, etc., as follows: 

Ed^'3r§2o Section 1. Chapter 31 of the General Laws is hereby 

etc., 'amended', amended by striking out section 20, as most recently amended 

by section 6 of chapter 704 of the acts of 1945, and inserting 

Appointment jjj pjacc thercof the following section : — Section 20. Ap- 

and promotion .^ . .",,. ,„- 



and firemen. 



of policemen pointmcnts and promotions in such police and fire forces of 
cities and towns as are within the official service and in the 
detective force of the state department of public safety a,nd 
in the police force of the metropolitan district commission 
shall be made only by competitive examination, except as 
otherwise provided in this chapter, or in the rules of the 
commission relative to temporary or emergency appoint- 
ments. No such examination shall be held until there are 
at least four applicants for appointment or promotion for 
one existing vacancy, except as to applicants for appoint- 
ment to the lowest grade, and except as herein provided. 
No examination shall be required for promotion of call men 



Acts, 1947. — Chaps. 355, 356. 349 

within the call fire forces of any city or town which are 
within the official service. In making appointments or pro- 
motions to all grades of service other than the lowest, the 
examination and appointment shall be limited to persons of 
the next lower grade; but if the number of applicants for 
examination in such lower grade is not sufficient to hold an 
examination, the next lower grades shall in succession be 
thrown open to the examination until at least the necessary 
number have applied; provided, that such applicants shall 
not be eligible to take any such examination for the first 
grade above the lowest grade in police or fire departments 
in cities and towns with a population in excess of fifty thou- 
sand and in the detective force of the state department of 
public safety and in the police force of the metropolitan dis- 
trict commission unless they have been employed in the 
lower grade for at least three years, and for all other grades 
unless they have been employed in the lower grade or grades 
admitted to the examination for at least one year. In cities 
and towns with a population of fifty thousand or under, 
such applicants shall not be eligible to take any such exami- 
nation unless they have been employed in the lower grade 
or grades admitted to the examination for at least one year. 
If an examination has been thrown open to all the lower 
grades in succession and at least four do not apply therefor 
the director may hold the examination limited to such lesser 
number. 

Section 2. This act shall apply to all examinations held ^fP^*:**'"" 
on or after September first, nineteen hundred and forty- 
seven. Approved May 6, 1947. 

An Act relative to the retirement of the city messen- Chav.Sdb 

GER OF the city OF HOLYOKE. 

Be it enacted, etc., as follows: 

Any provision of general or special law to the contrary 
notwithstanding, the city messenger of the city of Holyoke 
in office upon the effective date of this act may, upon his 
written request, be retired under the provisions of sections 
seventy-seven to seventy-nine, inclusive, of chapter thirty- 
two of the General Laws, commonly known as the laborers' 
pension law. Approved May 6, 1947. 

An Act making certain provisions of the retirement nhn^ QKa 

LAWS applicable TO THE PENSION RIGHTS OF HAROLD F. ^' 

shine, a RETIRED FIREMAN OF THE CITY OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

For the purpose of promoting the public good, and not- 
withstanding the provisions of any general or special law, 
the provisions of sections eighty-one A and eighty-one B of 
chapter thirty-two of the General Laws are hereby made ap- 
plicable to the pension rights of Harold F. Shine, a retired 
fireman of the city of Springfield. 

Approved May 6, 1947. 



350 



Acts, 1947. — Chap. 357. 



G. L. (Ter. 
Ed.), 149. §59, 
etc., amended. 



Night labor 
for women 
and girla. 



Penalty. 



G. L. (Ter. 
Ed.), 149, §66, 
etc., amended. 

Hours of 
labor of boys 
under eighteen 
and girls under 
twenty-one. 



Chap. 357 An Act relative to the hours of employment of women 

AND MINORS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 149 of the General Laws is hereby- 
amended by striking out section 59, as amended, and in- 
serting in place thereof the following section : — Section 59. 
No person, and no agent or officer of a person, shall employ 
a woman twenty-one or over or a girl under twenty-one in 
any capacity in manufacturing or mechanical estabHsh- 
ments before six o'clock in the morning or after eleven 
o'clock in the evening. Whoever violates any provision of 
this section shall be punished by a fine of not less than 
twenty nor more than fifty dollars. 

Section 2. Said chapter 149 is hereby further amended 
by striking out section 66, as amended, and inserting in 
place thereof the following section : — Section 66. No per- 
son shall employ a boy under eighteen or a girl under twenty- 
one or permit such a boy or girl to work in, about or in con- 
nection with any estabhshment or occupation named in 
section sixty before six o'clock in the morning or after ten 
o'clock in the evening; provided, that girls under twenty- 
one may be employed as operators in regular service tele- 
phone exchanges or telegraph offices until, but not after, 
eleven o'clock in the evening; and provided, further, that 
nothing herein shall authorize the employment of girls under 
twenty-one in any capacity in manufacturing or mechanical 
establishments in violation of section fifty-nine; and further 
provided that nothing herein shall prohibit the employment 
in any capacity in manufacturing or mechanical establish- 
ments or factories of any male or female of eighteen years of 
age or over between the hours of six o'clock in the morning 
and eleven o'clock in the evening. 

Section 3. Said chapter 149 is hereby further amended 
by striking out section 100, as amended, and inserting in 
place thereof the following section: — Section 100. No child 
or woman shall be employed for more than six hours at one 
time in a factory, workshop, mechanical or mercantile es- 
tablishment without an interval of at least forty-five min- 
utes for a meal, when such establishment is operated on a 
one-shift basis, or an interval of at least thirty minutes for 
a meal, when such establishment is operated on a multiple- 
shift basis; but such child or woman may be so employed 
for not more than six and one half hours at one time if such 
employment ends not later than one o'clock in the after- 
noon and if he or she is then dismissed from the factory, 
workshop, mechanical or mercantile establishment for the 
remainder of the day; or for not more than seven and one 
half hours at one time if he or she is allowed sufficient oppor- 
tunity for eating a lunch during the continuance of such 
employment, and if such employment ends not later than 
two o'clock in the afternoon, and he or she is then dismissed 
from the factory, workshop, mechanical or mercantile estab- 



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

Penalty for 
violation of 
hours for 
meals for 
women and 
children. 



Acts, 1947. — Chaps. 358, 359. 351 

lishment for the remainder of the day. An employer, super- 
intendent, overseer or agent who violates any provision of 
this or the preceding section shall be punished by a fine of 
not less than fifty nor more than one hundred dollars. 

Section 4. The commissioner of labor and industries is Commissioner 
hereby authorized, in conformity with Article XX of Part fudSstriM^inay 
the First of the constitution of the commonwealth, to sus- ^"^J^Pf^jJ^^ ^^ 
pend until July first, nineteen hundred and forty-nine, the this chapter. 
appUcation or operation of any provision of chapter one 
hundred and forty-nine of the General Laws, as amended, 
or of any rule or regulation made thereunder, regulating, 
limiting or prohibiting the employment of women or minors, . 
or both. The commissioner shall exercise this authority 
when he finds, after opportunity has been given to interested 
parties to be heard, that an emergency exists or that condi- 
tions of hardship in an industry, branch of an industry, or 
individual establishment require or justify the suspension 
of any provision of such laws, rules or regulations. Sus- 
pensions issued by the commissioner shall prescribe, and may 
be either granted or limited to, one or more particular de- 
partments, operations or occupations within an establish- 
ment, or a particular industry or branch of an industry. 
The commissioner shall appoint industry advisory commit- 
tees, on which employers and employees shall be equally 
represented, to consult and advise with him in matters re- 
lating to the suspensions authorized by this section. 

Approved May 6, 1947. 



An Act providing a penalty for violation of a regula- (JJiav.SbS 

TION OF CERTAIN COMMON CARRIERS RESTRICTING SMOKING ^' 

BY PERSONS IN OR UPON THE CONVEYANCES OF SUCH 
CARRIERS. 

Be it enacted, etc., as follows: 

Chapter 272 of the General Laws is hereby amended by o. l. (Ter. 
inserting after section 43 the following section : — >Sec- f^sAadd^d* 
Hon 43 A. Whoever, in or upon a railroad carriage, steam- smoking 
boat or other public conveyance, after being requested by p^^^J^'*^*^ **° 
the person in charge of such conveyance not to do so, smokes conveyances, 
when a sign prohibiting such smoking is displayed therein, 
shall be punished by a fine of not more than five dollars. 

Approved May 7, 1947. 



Chap.359 



An Act relative to the offering of rewards by the 
governor for the detention, arrest and conviction 

of PERSONS WHO HAVE COMMITTED A FELONY. 

Whereas, The increased reward provided by this act is Emergency 
vitally necessary in order to enable the public authorities to p""^*™**'^ 
cope with the existing prevalence of crime, therefore it is 
hereby declared to be an emergency law, necessary for the 
immediate preservation of the public safety. 



352 



Acts, 1947. — Chaps. 360, 361. 



G. L. (Ter. 
Ed.), 276. 5 9, 
amended. 



Governor may 
offer reward. 



Be it enacted, etc., as follows: 

Section 9 of chapter 276 of the General Laws, as appearing 
in the Tercentenary Edition, is hereby amended by striking 
out, in line 2, the word "one" and inserting in place thereof 
the word: — five, — so as to read as follows: — Section 9. 
The governor, if he deems the public good so requires, may 
offer a suitable reward of not more than five thousand dollars 
in any one case to be paid by the commonwealth to any per- 
son who, in consequence of such offer, apprehends, brings 
back and secures a person who is convicted of or charged 
with a felony, who has escaped from prison in the common- 
wealth, or to any person who, in consequence of such offer, 
apprehends and secures a person charged with such crime, 
or for information that shall lead to the arrest and con- 
viction of any person who has committed a felony, if the per- 
son cannot be arrested and secured in the common course of 
proceedings. If more than one claimant applies for the pay- 
ment of such reward, the governor shall determine to whom it 
shall be paid, and if to more than one person, in what pro- 
portion to each, and his determination shall be final. 

Approved May 7, 1947. 



Chap.SQO -^N Act repealing certain provisions of law providing 

FOR BILLS OF EXCEPTIONS IN PROBATE PROCEEDINGS. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 215. 5 9, 
amended. 



Whereas, The purpose of this act is to repeal certain pro- 
visions of law which would otherwise take effect on July 
first in the current year 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, nec- 
essary for the immediate preservation of the public con- 
venience. 
Be it enacted, etc., as follows: 

Section 9 of chapter 215 of the General Laws is hereby 
amended by striking out the sentence added thereto by sec- 
tion 1 of chapter 469 of the acts of 1945. 

Approved May 7, 1947. 



ChaV.SQl ^^ ■^^'^ REPEALING CERTAIN PROVISIONS OF LAW PROVIDING 
FOR BILLS OF EXCEPTIONS IN SUITS IN EQUITY. 

Emergency Whcrcas, The purpose of this act is to repeal certain pro- 

preambie. yisions of law wMch would otherwise take effect on July 
first in the current year, 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, nec- 
essary for the immediate preservation of the public con- 
venience. 



G. L. (Ter. 
Ed.). 231. 
{ 96A. 
repealed. 



Be it enacted, etc., as follows: 

Section 96 A of chapter 231 of the General Laws, inserted 
by section 1 of chapter 530 of the acts of 1945, is hereby 



repealed. 



Approved May 7, 19^7. 



Acts, 1947. — Chaps. 362, 363. 353 



An Act relative to the rank and qualifications of Cfia'p.SQ2 

THE AIDES-DE-CAMP OF THE COMMANDER-IN-CHIEF. 

Be it enacted, etc., as follows: 

Chapter 33 of the General Laws is hereby amended by a l. (Ter. 
striking out section 15, as appearing in section 1 of chapter etc., amended! 
425 of the acts of 1939, and inserting in place thereof the 
following section: — Section 15. The aides-de-camp of the Aides-de- 
commander-in-chief shall consist of: one with the rank of "^"^P" 
colonel or with corresponding naval rank, who shall be chief 
of aides-de-camp, one with the rank of lieutenant colonel or 
with corresponding naval rank, one with the rank of major 
or with corresponding naval rank, three with the rank of 
captain or with corresponding naval rank, all of whom shall 
be exempt from the examinations required by this chapter, 
and eight aides-de-camp to be detailed from the commis- 
sioned officers of the organized militia, but not to be relieved 
from duty with their organizations while serving in that 
capacity. 

In case of war, actual or threatened, the commander-in- 
chief may appoint such additional aides-de-camp as the 
service may require, with rank not higher than that of 
colonel, and he may delegate to, or confer on, such aides-de- 
camp such authority and duties as he deems proper. 

The aides-de-camp, aforesaid, excepting the detailed aides- 
de-camp, shall be commissioned and hold office until their 
successors are qualified, but they may be removed at any 
time by the commander-in-chief. 

No person shall be eligible to appointment as such aide- 
de-camp unless he shall have served at least one year in the 
armed services of the United States or the organized militia 
of the commonwealth. Approved May 7, 1947. 



An Act amending the regulations for hunting on Qhav.ZQS 
land owned or controlled by the commonwealth. 

Be it enacted, etc., as follows: 

Section 89 of chapter 131 of the General Laws, as appear- g. l. (Ter. 
ing in section 2 of chapter 599 of the acts of 1941, is hereby SciJ'ameAded®' 
amended by striking out, in line 12, the words "or wild- 
cats" and inserting in place thereof the words: — , wildcats, 
woodchucks or skunks, — and by striking out, in line 22, 
the word "reservations" and inserting in place thereof the 
word: — recreation, — so as to read as follows: — Section nvmtmg on 
89. No person shall hunt, or in any maimer molest or de- ?ion8/ltc!7*' 
stroy, any bird or mammal within the boundaries of any regulated, 
state reservation, park, common, or any land owned or 
leased by the commonwealth or any political subdivision 
thereof, or any land held in trust for public use, except that 
the authorities or persons having the control and charge of 
such reservations, parks, commons or other lands may, with 
such limitations as they may deem advisable, authorize per- 



354 



Acts, 1947. — Chap. 364. 



sons to hunt within said boundaries any of the unprotected 
birds named in section fifty-three, or the fur-bearing mam- 
mals mentioned in section sixty-eight, or foxes, weasels, 
wildcats, woodchucks or skunks. Such an authorization 
shall be by written license, revocable at the pleasure of the 
authority or person granting it. The boards, officials and 
persons having control and charge of such reservations, parks, 
commons or lands owned or leased or held for public use 
shall enforce this section. 

This section shall not apply to state forests acquired un- 
der section thirty or thirty-three of chapter one hundred 
and thirty-two or any other provision of law, or to state 
parks and reservations under the control of the division of 
parks and recreation of the department. Nothing in this 
section shall be deemed to prohibit the metropolitan district 
commission from permitting the hunting of any bird or 
mammal during the legal open season on the same in any 
area under its control. Approved May 7, 1947. 



G. L. (Ter. 
Ed.), 276, 
new § lOlA, 
added. 

Uniform 
blanks and 
records for 
probation 
offices. 



C/wi». 364 An Act providing for the establishment by the board 

OF PROBATION OF UNIFORM FORMS OF BLANKS AND RECORDS 
FOR USE BY DISTRICT COURT PROBATION OFFICES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 276 of the General Laws is hereby 
amended by inserting after section 101, as amended, the 
following section: — Section 101 A. The board of probation 
shall establish uniform forms of blanks and records for use 
in the probation offices of the district courts, and, upon re- 
ceipt of competitive bids, shall order and maintain such 
supply of said forms as it shall determine to be necessary to 
meet the requirements of all such offices. The county com- 
missioners of each county shall from time to time secure 
from the board of probation forms for use by district court 
probation offices in such county, in such quantities as shall 
be determined by them and by said board. The actual ex- 
pense of preparing such forms shall be apportioned by said 
board among the several counties in proportion to the quan- 
tities required by each, and the county commissioners of 
each county shall audit the bills therefor and order payment 
thereof. No forms of blanks and records other than those 
established and furnished hereunder shall be used in such 
probation offices unless approved by said board. 

Section 2. Section 102 of said chapter 276, as appearing 
in the Tercentenary Edition, is hereby amended by striking 
out, in line 1, the words "The four preceding sections" and 
inserting in place thereof the words : — Sections ninety-eight 
to one hundred and one A, inclusive, — so as to read as 
follows: — Section 102. Sections ninety-eight to one hun- 
dred and one A, inclusive, shall not affect the authority of the 
courts to require the keeping by their probation officers of 
probation records in addition to those necessary to conform 



G. L. (Ter. 
Ed.). 276, 
S 102, 
amended. 



Courts may 
reqiiire pro- 
bation officers 
to keep 
additional 
records. 



Acts, 1947. — Chap. 365. 355 

to forms of records and reports prescribed by the board of 
probation nor the authority of the courts to approve expenses 
and disbursements relating to the probation system. 

Approved May 7, 1947. 



An Act relative to appellate proceedings in suits in (Jfiav.SQd 

EQUITY and in PROBATE CASES. 

Be it enacted, etc., as follows. • 

Section 1. Section 24 of chapter 214 of the General Ed\2i4T"§24, 
Laws, as appearing in the Tercentenary Edition, is hereby amended.' 
amended by striking out, in line 3, the words "made before 
any evidence is offered", — and by adding at the end the 
following sentence: — The supreme judicial court may by 
rule authorize and regulate the diminution or abbreviation 
of the evidence and of the record to such parts thereof as 
are really pertinent to the true issues involved in an appeal, 
— so as to read as follows: — Section 24- Upon an appeal, t^^fj^^^^ 
the testimony of witnesses who have been examined orally upon appeal, 
before a justice of either court shall, at the request of any 
party, be reported to the full court. The courts shall pro- 
vide by general rules for some convenient and effectual 
means of having the same reported by the justice by whom 
the case is heard or by a person designated by him for that 
purpose. Except as provided in section one hundred and 
twenty-five of chapter two hundred and thirty-one, no oral 
evidence shall be exhibited to the full court, but the cause 
shall be heard on appeal upon the same evidence as on the 
original hearing. The supreme judicial court may by rule 
authorize and regulate the diminution or abbreviation of the 
evidence and of the record to such parts thereof as are really 
pertinent to the true issues involved in an appeal. 

Section 2. Said chapter 214 is hereby further amended g^l. (Ter.^ ^^ 
by striking out section 23, as amended by section 1 of chap- etc!, amended. ' 
ter 394 of the acts of 1945, and inserting in place thereof the 
following section: — Section 23. The justice of either court f^^^^^ "^ 
by whom a decree was made, if a written request by any 
party entitled to appeal therefrom is filed in the office of the 
clerk of such court within ten days after such party has been 
notified of the entry of the decree, shall report the material 
facts found by him within thirty days after the filing of the 
request as aforesaid or within such further time as the chief 
justice of such court may grant, upon written request by 
such justice within said thirty day period; provided, that 
where such decree is entered upon an order made by a justice 
other than the one entering the decree, such other justice 
shall make the report of material facts requested under this 
section. If no request for a report of material facts is so 
filed, such report shall be in the discretion of the justice. 
Such a request may be accompanied by a request for action 
on rulings of law duly filed during the trial and in case of 
such additional request exceptions may be taken to any 



356 Acts, 1947. — Chaps. 366, 367. 

rulings or refusals to rule thereon within ten days after 
notice of the action of the court thereon and a request for 
action on such requested rulings may be made also within ten 
days after notice of a report of material facts made by the 
court in its discretion without previous request and excep- 
tions may be taken as aforesaid within ten days after notice 
of the action of the court. In either case the filing of such 
requests after trial for action on rulings of law shall constitute 
a waiver of the right to appeal under section nineteen. In 
case exceptions are taken as herein provided, sections one 
hundred and twenty-two and one hundred and twenty-three 
of chapter two hundred and thirty-one shall be applicable. 
Ed)'. 215' §11 Section 3. Section 11 of chapter 215 of the General 
amended." ' Laws, as appearing in the Tercentenary Edition, is hereby 
amended by striking out, in line 3, the word "four" and in- 
serting in place thereof the word: — ten, — so as to read as 
facts"^*^ °^ follows: — Section 11. The judge by whom an order, decree 
or denial was made shall report the material facts found by 
hira, on request of any party entitled to appeal therefrom 
made within ten days after such party has notice of such 
order, decree or denial ; otherwise such report shall be in the 
discretion of the judge. Approved May 7, 1947. 



Chap.ddQ -^N Act authorizing the sale of state forest produ(jts 

BY THE COMMISSIONER OF CONSERVATION. 

Be it enacted, etc., as follows: 
y,i' (Ter. Section 34 A of chapter 132 of the General Laws, as ap- 

§'3'4A, ' pearing in the Tercentenary Edition, is hereby amended by 
amended. adding at the end the following paragraph : — 

woodf Umber. '^^^ commissioner may at any time sell wood, timber or 
etc. ' ■ other products of the state forests as the economical man- 
agement of said forests may require. All moneys received 
under this section shall be paid into the state treasury. 

Approved May 7, 19^7. 



Chap. ^^7 An Act relative to the length of time after the ter- 
mination OF MILITARY OR NAVAL SERVICE OF CERTAIN 
PUBLIC OFFICERS AND EMPLOYEES DURING WHICH THEY 
MAY BE REINSTATED OR RE-EMPLOYED IN THEIR FORMER 
OFFICES OR POSITIONS. 

Be it enacted, etc., as follows: 

The first paragraph of section 6 of chapter 708 of the acts 
of 1941 is hereby amended by striking out, in line 6, the 
words "one year" and inserting in place thereof the words: 
— two years, — so as to read as follows: — Any person re- 
ferred to in section one who was or shall be separated from 
the service of the commonwealth or any political subdivi- 
sion thereof while holding an ofiice or position not subject 
to chapter thirty-one of the General Laws, shall, if he so 
requests in writing to the appointing authority within two 



Acts, 1947. — Chap. 368. 357 

years after the termination of his said military or naval 
service, be reinstated or re-employed in said office or posi- 
tion; provided, that, in case he was appointed for a fixed 
term, the term has not expired; and provided, further, that, 
if so required by the appointing authorit}^, he files the cer- 
tificate of a registered physician that he is not disabled or 
incapacitated for performing the duties of the office or 
position. Approved May 7, 1947 . 



Chap.SQS 



An Act relative to the hours of labor of women and 

CHHiDREN employed IN THE PROCESSING OF FISH. 

Be it enacted, etc., as follows: 

Section 56 of chapter 149 of the General Laws, as amended, g- l. (Ter 
is hereby further amended by striking out the first sentence, etc!. ameAded^' 
as most recently amended by chapter 161 of the acts of the 
current year, and inserting in place thereof the following 
sentence : — No child and no woman shall be employed or Hours of 



permitted to work in, or in connection with, an}' factory or women""^ 
workshop, or any manufacturing, mercantile or mechanical chiidiei 
establishment, telegraph office or telephone exchange, or 
any express or transportation company, or any private 
club, or any office, letter shop or financial institution, or 
any laundry, hotel, manicuring or hair dressing establish- 
ment, or any motion picture or other theatre or any other 
place of amusement, or any garage, or any hospital in a 
non-professional capacity, or be employed as an elevator 
operator, or as a switchboard operator in a private exchange, 
more than nine hours in any one day, and, except as to trans- 
portation or telephone companies, and except as to hotels, 
private clubs and places of amusement where the employ- 
ment is determined by the department to be by seasons, and 
except as to hotels where meals are served only during three 
separate periods totalling not more than seven hours in any 
one day and the employment is connected with the serving 
of said meals, if the work so performed by such a child or 
woman in one day is not continuous, but is divided into 
two or more periods, the work of such child or woman shall 
be so arranged that all such periods of work shall fall within 
a period of not exceeding ten consecutive hours, except that 
in the case of mercantile establishments such periods of 
work may fall within a period of not exceeding eleven and 
one half consecutive hours during a total of not more than 
seven days in any calendar year of which six shall be six 
week-days within a period of four weeks immediately pre- 
ceding Christmas, and the seventh the Saturday immedi- 
ately preceding Easter; and in no case shall the hours of 
labor exceed forty-eight in a week, except that in manu- 
facturing establishments or hotels where the employment is 
determined by the department to be by seasons, the num- 
ber of such hours in any week may exceed forty-eight, but, 
except in the work of fish processing when necessary in the 



358 Acts, 1947. — Chaps. 369, 3?0, 371. 

judgment of the commissioner, and then only during the 
months of June, July, August, September and October, 
shall not exceed fifty-two, provided that the total number 
of such hours in any year shall not exceed an average of 
forty-eight hours a week for the whole year, excluding Sun- 
days and holidays; and if any child or woman shall be 
employed or permitted to work in more than one such place, 
the total number of hours of such employment shall not 
exceed forty-eight hours in any one week. 

Approved May 8, 19i7. 

Chap.3Q9 An Act extending to certain students of medicine the 

PRIVILEGE OF BECOMING REGISTERED AS QUALIFIED 
PHYSICIANS. 

Be it enacted, etc., as follows: 

Notwithstanding any contrary provision of law, any per- 
son who was a resident of the commonwealth for a period of 
five years prior to July first, nineteen hundred and forty-one, 
who matriculated at any medical school in the common- 
wealth prior to said date, and who has since received a degree 
of doctor of medicine therefrom, shall be eligible to be an 
applicant for registration as a qualified physician, 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 eligibility and 
examination. Approved May 8, 194-7. 

Chap. 370 An Act authorizing the city of Worcester to make cer- 
tain EXPENDITURES TO PROPERLY COMMEMORATE THE 

dedication and commissioning of the u. s. s. 
"Worcester". 

Be it enacted, etc., as follows: 

The city of Worcester may appropriate a sum not exceed- 
ing seventy-five hundred dollars for the purpose of providing 
a suitable gift for the U. S. S. "Worcester" to properly com- 
memorate the dedication and commissioning of the afore- 
said ship. Approved May 8, 1947. 

Chap. S71 An Act authorizing the county of dukes counts' to 

BORROW MONEY FOR CONSTRUCTION AND REPAIR WORK AT 
the county AIRPORT AND ON HIGHWAY APPROACHES 
THERETO. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of 
Dukes County may expend, for the purpose of providing 
runways and parking areas and making necessary repairs at 
the public airport operated by said county, a sum not ex- 
ceeding five thousand dollars, and, for the construction and 



Acts, 1947. — Chap. 372. 359 

repair of highway approaches to said airport, a sum not ex- 
ceeding seventy-five hundred dollars. 

Section 2. For the purposes aforesaid, the treasurer of 
said county, with the approval of the county commissioners, 
may borrow upon the credit of the county such sums as may 
be necessary, not exceeding, in the aggregate, twelve thousand 
five hundred dollars, and may issue notes of the county 
therefor, which shall bear on their face the words, Dukes 
County Airport and Highway Loan, Act of 1947. Each 
authorized issue shall constitute a separate loan and such 
loans shall be payable in not more than four years from their 
dates. Such notes shall be signed by the treasurer of the 
county and countersigned by a majority of the county com- 
missioners. The county may sell 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. This act shall take full effect upon its ac- 
ceptance, during the current year, by the county commis- 
sioners of the county of Dukes County, but not otherwise. 

Approved May 8, 1947. 



An Act redefining the boundary line between the Qfiaj) 372 

TOWNS OF DENNIS AND HARW^ICH. ^' 

Be it enacted, etc., as folloivs: 

Chapter 599 of the acts of 1945 is hereby amended by 
striking out section 2 and inserting in place thereof the 
following: — Section 2. The following described line shall 
hereafter be the dividing line between the towns of Dennis 
and Harwich : — Beginning at the corner of Brewster, Dennis 
and Harwich, a rough granite monument marked BDII 
and situated in pine woods about 450 feet west of Francis 
Washburn's cranberry bog (X-972,897.12 Y-260,265.58) ; 
thence S 14°-24'-56" E 10,560.36 feet to a rough granite 
monument marked D/H on the westerly side of Depot road 
situated between Telegi'aph road and Division street 
(X-975,526.15 Y-250,037.71); thence S 14°-23'-51" E 
6,530.37 feet to a rough granite monument marked D/H 
situated in the southerly side of Lower County road opposite 
the southerly end of Division street (X-977, 150.04 
Y-243,711.95); thence S 15°-09'-08" E 1,403.36 to witness 
mark at corner 1, a rough granite monument marked D/H 
and situated on the bank near high-water mark of Nantucket 
sound, and about 275 feet southwest of the Hotel Belmont 
(X-977,530.07 Y-242,308.59) ; thence S 15°-09'-08" E to 
the true corner a point at low-water mark of the sound. 

Approved May 8, 1947, 



360 



Acts, 1947. — Chap. 373. 



G. L. (Ter. 
Ed.), 31, §43, 
etc., amended. 

Removal, 
suspension, 
reduction in 
grade or 
transfer of 
certain 
persons in 
classified 
public 
service. 



Chav.S7S An Act defining the rights of civil service employees 

IN CASE OF THEIR DISCHARGE, REMOVAL, SUSPENSION, 
LAYING OFF, TRANSFER OR LOWERING IN RANK OR COM- 
PENSATION OR IN CASE OF THE ABOLITION OF THEIR OFFICES 
OR POSITIONS. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter 31 of the General Laws is hereby 
amended by striking out section 43, as amended, and in- 
serting in place thereof the following section: — Section 43. 
(a) Every person holding office or employment under 
permanent appointment in the official or labor service of the 
commonwealth, or of any county, city or town thereof, 
shall have unlimited tenure of office or employment, sub- 
ject to the provisions of this chapter and the rules made 
thereunder. He shall not be discharged, removed, sus- 
pended for a period exceeding three days, laid off, trans- 
ferred from such office or employment without his consent, 
lowered in rank or compensation, nor shall his office or 
position be abolished, except for just cause and for reasons 
specifically given him in writing, together with a copy of 
sections forty-three and forty-five of this chapter. Before 
any action affecting employment or compensation referred 
to in the preceding sentence is taken, the officer or em- 
ployee shall be given a full hearing before the appointing 
authority, of which hearing he shall have at least three 
days' written notice, exclusive of Sundays and holidays, 
from the appointing authority otherwise expressly provided 
in this chapter. Within two days, exclusive of Sundays and 
holidays, after completion of said hearing, the appointing 
authority shall give to the employee affected a written 
notice of his decision, stating fully and specifically the 
reasons therefor. 

(b) If within five days after receiving written notice of 
the decision of the appointing authority the person so dis- 
charged, removed, suspended, laid off, transferred or lowered 
in rank or compensation, or whose office or position was 
abolished, shall so request in writing, he shall be given a 
hearing before a member of the commission or some dis- 
interested person designated by the chairman of the com- 
mission. Said hearing shall be commenced in not less than 
three nor more than ten days, and shall be completed within 
thirty days, after the filing of such request, and the findings 
shall be reported forthwith to the commission for action. 
The decision of the commission shall be in writing and notice 
thereof sent to all parties concerned within ten days after 
the fifing of the report. If the commission finds that the 
action of the appointing authority was justified, such action 
shaU be affirmed; otherwise, it shall be reversed and the 
person concerned shall be returned to his office or position 
without loss of compensation. The commission may also 
modify any penalty imposed by the appointing authority. 



Hearings. 



Acts, 1947. — Chap. 373. 361 

(c) Any hearing under this section shall, if either party Hearing may 
concerned so requests in writing, be pubHc, and at any such ^® p^^^"^- 
hearing the person concerned shall be allowed to answer 

the charges preferred against him either personally or by 
counsel. No such hearing shall be continued for a period 
of more than thirty days except upon agreement of both 
parties. 

(d) The reasons, notices and answers and the order of fisSfcT ^o^urt 
discharge, removal, suspension, layoff, transfer, lowering 

in rank or compensation or abolition of the office or position, 
and the facts as found by the commission, shall be subject 
to judicial review by the district court within the judicial 
district of which such person resides, as provided in section 
forty-five. 

(e) A temporary suspension for a period not exceeding Temporary 
three days may be made only by the appointing authority ^"^p^'^^'""- 
or by a subordinate to whom such authority has been dele- 
gated, and may only be made pending a hearing, which 

shall be held by the appointing authority within three days, 
exclusive of Sundays and holidays. If the suspension was 
found to be without just cause, the officer or employee so 
suspended shall be deemed not to have been suspended 
from the service, and he shall be returned to his former 
office or position without loss of compensation. In the 
event that the appointing authority finds just cause for 
further action, he shall within two days, exclusive of Sun- 
days and hohdays, after the hearing give notice in writing 
to the suspended officer or employee, stating specifically 
the reasons for such action, together with a copy of sections 
forty-three and forty-five of this chapter, and shall send a 
copy of such reasons forthwith to the director, together 
with a request for the reinstatement of the officer or employee 
to be effective at the expiration of the period of suspension. 
If the officer or employee desires to appeal from this deci- 
sion, paragraphs (6), (c) and (d) of this section shall apply. 

(/) An officer or employee shall automatically be re- Automatic 
instated at the end of the first period for which he was "-einatatement. 
suspended. Any subsequent reiiistatement after suspension 
shall be subject to the approval of the director, and, if 
denied, an appeal may be taken to the commission as pro- 
vided in section two (6). The notice required by para- 
graph (a) of this section to be given to an employee whom 
it is proposed to suspend after a prior suspension shall state 
that his reinstatement after such suspension is subject to 
the approval of the director. Whenever any hearing is 
held by a member of the commission or some disinterested 
person designated by the chairman of the commission, as 
authorized by paragraph (b) of this section, such person 
shall be paid a sum not to exceed twenty dollars per day; 
and such compensation shall be in addition to any com- 
pensation provided for in section two A of chapter thirteen. 

Section 2. Section 46C of said chapter 31, as amended EdoJi!*"^' 
by section 8 of chapter 704 of the acts of 1945, is hereby §46C, etc., 

' •' amended. 



362 Acts, 1947. — Chap. 374. 

further amended by inserting after the word "section" in 
line 4 the words : — forty-three, so far as it relates to first 
Right to suspensions, — so as to read as follows: — Section 46C. An 

separation"'' officer Or employee of the commonwealth or of any city or 
[eLOT^'" town who has been separated from the official or labor 
service for any reason other than one specified in section 
forty-three, so far as it relates to first suspensions, forty- 
six G or forty-six H may, upon the request of the appointing 
authority and with the approval of the director, be reinstated 
in the same position or in a position in the same class and 
grade as that formerly held by hun. If the director fails to 
approve the reinstatement of such officer or employee within 
thirty days after the request of the appointing authority, 
the appointing authority or such officer or employee may 
make a request for a hearing before the director. If the 
separation from service of such an officer or employee was 
due to illness, and the appointing authority fails to make a 
request for reinstatement upon demand of such officer or 
employee, the officer or employee may make a request for 
a hearing before the director. In either case, the director 
shall forthwith hold a hearing, hear all parties concerned, 
and render his decision. Approved May 8, 1947. 



C/iap. 374 An Act authorizing the city of newburyport to con- 
vey CERTAIN PARK LAND LOCATED THEREIN. 

Be it enacted, etc., as follows. ■ 

Section 1. The city of Newburyport is hereby author- 
ized to convey to A. & G. J. Caldwell, Inc. a certain parcel 
of land at the easterly corner of "Cashman Park" (for- 
merly called "Central Park"), being a pubHc park on the 
southwesterly shore of the Merrimac river, containing ap- 
proximately eighteen thousand two hundred and fifty square 
feet, bounded as follows: — Southwesterly one hundred feet 
by remaining land of the city of Newburyport; northwest- 
erly one hundred and eighty feet, more or less, by remaining 
land of said city; northeasterly by the Merrimac river one 
hundred feet, more or less; and southeasterly by land of 
said A. & G. J. Caldwell, Inc. one hundred and eighty-five 
feet, more or less; reserving, however, to the city of New- 
buryport the right to maintain the subsurface water drains 
which now pass through the said premises to the Merrimac 
river. 

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 Maij 8, 1947. 



Acts, 1947. — Chaps. 375, 376. 363 



An Act further regulating the operation of recre- Qhav 375 

ATIONAL CAMPS, OVERNIGHT CAMPS AND CABINS, AND ^' 

TRAILER CAMPS. 

Be it enacted, etc., as follows: 

Section 27 of chapter 140 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by add- amended!' ^ '"' 
ing after the word ''twenty-eight" in line 2 the following 
words: — , and every person who shall conduct, control, 
manage or operate, directly or indu-ectly, any recreational 
camp, overnight camp or cabin, or trailer camp, — so that 
the first sentence shall read as follows : — Every innholder, Registers to 
and every lodging house keeper required so to do under iMklepi^^d 
section twenty-eight, and every person who shall conduct, ^f^ operators 
control, manage or operate, directly or indirectly, any ree- ts^m^^w^ * 
reational camp, overnight camp or cabin, or trailer camp, °*^'°^- 
shall keep or cause to be kept, in permanent form, a register 
in which shall be recorded the true name or name in ordi- 
nary use and the residence of every person engaging or 
occupying a private room averaging less than four hundred 
square feet floor area, excepting a private dining room not 
containing a bed or couch, or opening into a room contain- 
ing a bed or couch, for any period of the day or night in 
any part of the premises controlled by the licensee, together 
with a true and accurate record of the room assigned to 
such person and of the day and hour when such room is 
assigned. Approved May 8, 1947. 



An Act relative to the employment of persons to Chav 376 

SERVE IN A confidential CAPACITY IN THE DEPARTMENT 
OF BANKING AND INSURANCE. 

Be it enacted, etc., as follows: 

Section 7 of chapter 30 of the General Laws, as most g. l. (Ter. 
recently amended by chapter 512 of the acts of 1941, is Si! amended, 
hereby further amended by inserting after the word "com- 
mission" in line 6 the words: — , each commissioner of the 
department of banking and insurance, — so as to read as 
follows: — Section 7. Each officer, board and commission Appointment 
having supervision and control of an executive or adminis- "fo^ngden*-,, 
trative department, including each commissioner of the com- emp^oyew! '* 
mission on administration and finance and the officer in 
charge of the division of personnel and standardization of 
said commission, each commissioner of the department of 
banking and insurance, the state superintendent of build- 
ings, the alcoholic beverages control commission and the 
state racing commission, but not including the several boards 
serving in the division of registration of the department of 
civil service and registration, may appoint and remove a 
person to serve as a confidential secretary. Such appoint- 



364 Acts, 1947. — Chaps. 377, 378. 

ment shall be in accordance with the provisions of sections 
forty-five to fifty, inclusive, of this chapter and shall be 
exempt from the provisions of chapter thirty-one. 

Approved May 8, 1947. 

Chap.S77 An Act relative to promotions to the office of sergeant 

IN THE POLICE FORCE OF THE METROPOLITAN DISTRICT 
COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. The metropohtan district commission shall 
request the director of civil service to certify, for promotion 
to the office of sergeant in the police force of said commis- 
sion, the names of patrohnen, in order to fill existing vacancies 
in said office. 

Section 2. Said director of civil service, upon receipt of 
the request for certification referred to in section one, shall 
certify to said commission the names on the sergeant pro- 
motional ehgible list pertaining to said police force, as ap- 
pearing thereon on September seventeenth, nineteen hundred 
and forty-six, and all extensions of said sergeant promo- 
tional eligible list made by the director prior to said 
September seventeenth, nineteen hundred and forty-six, 
are hereby ratified. 

Section 3. Said director of civil service, upon receipt of 
any subsequent requisitions for sergeant in the poHce force 
of the metropohtan district commission which are received 
prior to the establishment of a new eligible list, shall certify 
to said metropohtan district commission from the list es- 
tablished as set forth in section two. 

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

Approved May 9, 19^7. 

Chap. 37 S An Act authorizing the continued operation of motor 

VEHICLES FOR THE CARRIAGE OF PASSENGERS FOR HIRE 
BY CARRIERS HOLDING CERTAIN WAR EMERGENCY CERTIFI- 
CATES, AND PROVIDING FOR THE CONTINUED CERTIFICATION 
OF SUCH CARRIERS. 

Emergency Whcveas, The deferred operation of this act would tend to 

pream e. defeat its purposc, which is to make continuously available 
the existmg carriage of passengers for hire by motor vehicle 
under certain war emergency certificates, in the event of the 
repeal, revocation and annulment of certain executive orders, 
therefore it is hereby declared to be an emergency law, neces- 
sary for the immediate preservation of the pubhc con- 
venience. 
Be it enacted, etc., as follows: 

Any common carrier who, at the time of the repeal, revo- 
cation and annulment of executive orders numbered eleven 
and seventy-six issued by the governor under chapter thir- 
teen of the acts of nineteen hundred and forty-two or other 
authority vested in him, is operating motor vehicles for the 



Acts, 1947. — Chap. 379. 366 

carriage of passengers for hire under the authority of a war 
emergency certificate issued by the department of public 
utilities under authority of said orders, is hereby authorized 
to continue such operation for a period of six months there- 
after, but shall be subject to such provisions of chapter one 
hundred and fifty-nine A of the General Laws as are not 
inconsistent herewith and to the conditions and restrictions 
applicable to such war emergency certificate. Any such 
carrier, within three months from the time of such repeal, 
revocation and annulment and without complying with the 
requirements of section one of said chapter one hundred 
and fifty-nine A but otherwise conforming to such provisions 
of said chapter as are not inconsistent herewith, may apply 
to said department for a certificate that public convenience 
and necessity require the operation of motor vehicles for the 
carriage of passengers for hire over the route covered by 
such war emergency certificate. Approved May 9, 1947. 



An Act further regulatestg milk plants, receiving Qjiq/q 379 
stations and pasteurization plants, shipping milk ^' 
into or within the commonwealth. 

Be it enacted, etc., as follows: 

Chapter 94 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 16K, inserted by chapter 542 of the acts ^tci! amended^' 
of 1946, and inserting in place thereof the following sec- 
tion: — Section 16K. The department of agriculture shall R^ies . 
inspect milk plants and receiving stations, wherever located, ^'ww^ation. 
and pasteurization plants outside the commonwealth, ship- **"•• °^ °^''' 
ping milk into or within the commonwealth and, if the same 
be found to be in compliance with all rules and regulations 
relating thereto, shall approve them and shall issue permits 
showing such approval. Every such permit shall expire on 
the thirtieth day of June following its issue, and may be sus- 
pended or revoked for the failure of the establishment to 
which it was issued to comply with rules and regulations 
relating thereto or for a violation, by such establishment, of 
any law relating to milk intended for sale within the com- 
monwealth. Upon the application of any city or town, said 
department may delegate to the inspector of milk thereof 
its authority to inspect milk plants, receiving stations and 
pasteurization plants from which milk is shipped to such 
city or town, and submit inspection reports to said depart- 
ment, which reports shall form the basis of its issuance of 
such permits. A pasteurization plant located outside the 
commonwealth shall pay a fee of ten dollars for such a per- 
mit, but permits shall be issued to milk plants and re- 
ceiving stations without cost. If any city or town to the 
milk inspector of which the power of inspection is delegated 
under any provision of this section fails to enforce rules 
and regulations established by the milk regulation board 
and then in force, said delegation of authority shall forth- 
with terminate. Approved May 9, 1947, 



366 Acts, 1947. — Chaps. 380, 381, 382. 



Chap. SSO An Act to simplify procedure under the workmen's 

COMPENSATION ACT. 

Be it enacted, etc., as follows: 

EdV'iJl'' Chapter 152 of the General Laws is hereby amended by 

new s 7a'. inserting after section 7, as appearing in the Tercentenary 
^**^ tion Edition, the following section: — Section 7 A. In any claim 
infi^r'^of'" for compensation, where the employee has been killed or is 
employee. physically Or mentally unable to testify, it shall be pre- 
sumed, in the absence of substantial evidence to the con- 
trary, that the claim comes within the provisions of this 
chapter, that sufficient notice of the injury has been given, 
and that the injury or death was not occasioned by the wil- 
ful intention of the employee to injure or kill himself or 
another. Approved May 9, 1947. 



Chap. SSI An Act authorizing the trustees of the soldiers' home 

IN MASSACHUSETTS TO TRANSFER ALL ASSETS IN THE 
"effects accounts" TO THE "LEGACY FUNd" OF SAID 
HOME. 

Be it enacted, etc., as follows: 

All property included in the "effects accounts" of the 
Soldiers' Home in Massachusetts and held under the control 
and management of the trustees thereof shall, on and after 
December thirty-first, nineteen hundred and forty-seven, be 
transferred to the "legacy fund" of said Home, and there- 
after shall be administered by said trustees in accordance 
with the rules and regulations applicable to the control and 
management of said "legacy fund". 

Approved May 9, 1947. 



Chap. SS2 An Act authorizing the board of state examiners of 

plumbers to MAKE RULES GOVERNING THE EXAMINATION 
OF APPLICANTS FOR PLUMBERS' LICENSES. 

Be it enacted, etc., as follows: 
G- L. (Ter Sectiou 4 of chapter 142 of the General Laws, as amended 

etc.'. amended', by chapter 502 of the acts of 1946, is hereby further amended 
by striking out the first sentence, as appearing in the Ter- 
centenary Edition, and inserting in place thereof the fol- 
J^^'^Mtion lowing sentence : — The examiners may make such rules 
of plumbers, as they deem proper for the performance of their duties and 
rules governing the quaUfications of applicants for ex- 
amination, which shall take effect when approved by the 
general court and by the department of public health. 

Approved May 9, 1947. 



Acts, 1947. — Chap. 383. 367 



An Act establishing non-partisan preliminary munici- (Jfidj) 333 

PAL ELECTIONS IN THE CITY OF NORTH ADAMS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 148 of the acts of 1895, as amended, 
is hereby further amended by inserting after section 4 the 
eight following sections : — Section 4^ . On the third 
Tuesday preceding every regular and special municipal 
election at which any office is to be filled, there shall be held, 
except as otheiivise provided in section four H, a preliminary 
election for the purpose of nommating candidates to be 
voted for at such regular or special election. No party or 
pohtical designation or mark shall be printed on any ballot 
used at any regular, special or preliminary election, and no 
party or pohtical designation or mark, or anything showing 
how any candidate was nominated or indicating his views 
or opmions, shall be appended to the name of such candidate. 

All candidates for nomination shall be nominated at large 
from among the quaHfied voters of the city. 

The polls at every regular, preliminary and special election 
shall be open during such hours, conforming to the general 
law relating to city elections, as the city council may desig- 
nate. 

Section Jf.B. Except as otherwise provided in section 
four H there shall not be printed on the official ballot to be 
used at any regular or special election the name of any per- 
son as a candidate for any office unless such person has been 
nominated at such a preliminary election for nomination 
held as provided in sections four A to four H, inclusive. 
There shall not be printed on the official baUot for use at 
such preliminary election the name of any candidate for 
nomination at such election, unless he shall have filed, within 
the time limited by section four C, the statement and petition 
therein described. 

Section J^C. Any person who is qualified to vote for a 
candidate for any elective municipal office and who is a 
candidate for nomination thereto, shall be entitled to have 
his name as such candidate printed on the official ballot 
to be used at a preliminary election; provided, that before 
five o'clock in the afternoon of the twenty-first day prior 
to such preliminary election he shall file with the city clerk 
a statement in writing of his candidacy, and with it the 
petition of at least fifty but not more than two hundred 
voters duly certified by the board of registrars to be quaUfied 
voters of the city. Such petition must be filed with the 
board of registrars for certification before five o'clock in the 
afternoon of the seventh day before the time for filing the 
same with the city clerk. Nomination papers shall be num- 
bered by the board of registrars as received and shall be 
certified in that order. Said statement and petition shall 
be in substantially the following form: — 



Acts, 1947. — Chap. 383. 



Statement of Candidate. 

I ( ), on oath declare that I reside at (number, 

if any) on (name of street) in the city of North Adams: that I am a 
voter therein, quaUfied 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 him- 

dred and , and I request that my name be printed as such 

candidate on the official ballot for use at said preliminary election. 

(Signed) 

Commonwealth of Massachusetts. ss. 

Subscribed and sworn 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 imdersigned, 
voters of the city of North Adams, duly qualified to vote for a candi- 
date 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 
Tuesday, the day of , nineteen hundred 

and 

(Signature) (Residence Address) (Ward and Precinct) 

Section 4D. Any nomination papers filed under section 
four C bearing more than the maximum number of signa- 
tures permitted thereby shall be invalid. No voter may sign 
the nomination papers of more than one candidate for elec- 
tion to the same office except where several persons are to 
be elected to a board or municipal body, in which case no 
voter may sign the nomination papers of more candidates 
than he may vote to elect to such office. If a voter signs 
nomination papers in excess of the foregoing, his signature 
shall be invalid on all such papers except those first filed with 
the board of registrars up to the number which he can 
validly sign. 

Section 4E. On the first day, other than Sunday or a 
legal holiday, following the expiration of the time for filing 
with the city clerk the above described statement and peti- 
tion, the city clerk shall notify by mail each candidate for 
nomination who has so duly qualified of the fact of his quali- 
fication. 

Such notice shall also state the time when and the place 
where the city clerk will draw by lot the names of candidates 
to determine their position on the ballot to be used at the 
preliminary election. Such drawing shall take place at five 
o'clock in the afternoon of the third day after the last day 
for filing the petitions and statements with the city clerk. 



Acts, 1947. — Chap. 383. 369 

At the di'awings for position on the ballot the candidates 
shall be entitled to be present in person or by one repre- 
sentative each. The city clerk shall then cause the ballots 
which shall contain said names, in their order as drawn by 
the clerk, and no others, with a designation of residence, 
under the office and term of service therein for which they 
are respectively candidates, to be printed, and the ballots 
so printed shall be official and no others shall be used at the 
preliminary election. 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 nomina- 
tion for such office. There shall be printed on such ballots 
such directions as wOl 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 oflBce of ( ) in the city 

of North Adams at a preUminary election to be held on Tuesday, the 
day of , nineteen hundred and , (The head- 

ing shall be varied in accordance with the offices for which nominationa 
are to be made.) 

At such preliminary election, each voter may vote for 
as many candidates for nomination to each office as there 
are persons to be elected to such office at the ensuing munici- 
pal election. 

Except as herein otherwise provided, the form of ballots, 
their preparation and number and the manner of conducting 
the election shall, in the case of prehminary elections, be as 
described in the General Laws relative to primaries and 
elections in so far as the same may be applicable. 

Section lyF. The election officers shall, immediately upon 
the closing of the polls at preliminary 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 and announce the result thereof. 

Section 4G. The two persons receiving at a preliminary 
election the highest number of votes for nomination for an 
office shall, except as hereinafter provided and as provided 
by section four H, 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 ffiled, 
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- 



370 Acts, 1947. — Chap. 384. 

tion four H, be the sole candidates for that office whose 
names may be printed on the official ballot. 

If the preliminary 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 
ballot, although in consequence there be printed thereon 
candidates to a number exceeding twice the number to be 
elected. 

In the event of a vacancy for any reason after the pre- 
liminary election, but prior to seven days before the regular 
or special election, the city clerk shall substitute for such 
name on the ballot to be used at such election the name of the 
person having the next highest vote at the preliminary 
election. 

Section 4H. 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 there are 
persons to be elected to such office, the candidates whose 
statements have thus been filed shall be deemed to have 
been nominated to said office, their names shall be printed 
on the official ballot to be used at the succeeding regular or 
special election, as the case may be, as candidates for such 
office, 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, no pre- 
liminary election shall be held. 

Section 2. This act shall be submitted to the registered 
voters of the city of North Adams at the regular municipal 
election in said city 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 at said election: — "Shall an act 
passed by the general court in the year nineteen hundred and 
forty-seven, entitled 'An Act establishing non-partisan pre- 
liminary municipal elections in the city of North Adams', 
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 next regular municipal election in said 
city and for all municipal elections in said city thereafter, 
but not otherwise. Approved May 12, 1947. 

Chap.SS4t An Act relative to the education of certain physi- 
cally HANDICAPPED CHILDREN. 

Be it enacted, etc., as follows: 

Ed-tn.**^' Section 46A of chapter 71 of the General Laws, as most 

§46A. etc., recently amended by chapter 357 of the acts of 1946, is 
amended. hereby amended by striking out the last sentence and in- 



Acts, 1947. — Chaps. 385, 386. 371 

serting in place thereof the three following sentences ; — On itemized 
or before the fifteenth day of July in each year the town be^submitted 
furnishing such instruction shall submit to the department ^gnt^^"^*" 
an itemized statement of the following items of actual cost 
of instruction to children confined in hospitals, sanitaria, 
and similar institutions located therein for the preceding 
school year: teachers, textbooks, supplies and general con- 
trol. The department shall determine the reasonableness 
of such cost, and shall, on or before the first day of Sep- 
tember following, either notify said town that the cost is 
approved, or shall send to the town its own determination 
of reasonable cost. Such cost as approved or determined 
shall be divided by the pupil days of instruction given, and 
the result shall constitute